42 USC 7271 (DOE Act)

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

benefits, in a report no later than 24 months after enactment [Nov. 15, 1990].’’
RETENTION AND USE OF REVENUES FROM LICENSING
FEES, INSPECTION SERVICES, AND OTHER SERVICES
AND COLLECTIONS; REDUCTION TO ACHIEVE FINAL
FISCAL YEAR APPROPRIATION
Pub. L. 99–500, § 101(e) [title III], Oct. 18, 1986, 100 Stat.
1783–194, 1783–208, and Pub. L. 99–591, § 101(e) [title III],
Oct. 30, 1986, 100 Stat. 3341–194, 3341–208, provided in
part: ‘‘That hereafter and notwithstanding any other
provision of law revenues from licensing fees, inspection services, and other services and collections, estimated at $78,754,000 in fiscal year 1987, may be retained
and used for necessary expenses in this account, and
may remain available until expended: Provided further,
That the sum herein appropriated shall be reduced as
revenues are received during fiscal year 1987, so as to
result in a final fiscal year 1987 appropriation estimated at not more than $20,325,000.’’
Similar provisions were contained in the following
appropriation acts:
Pub. L. 113–235, div. D, title III, Dec. 16, 2014, 128 Stat.
2322.
Pub. L. 113–76, div. D, title III, Jan. 17, 2014, 128 Stat.
172.
Pub. L. 112–74, div. B, title III, Dec. 23, 2011, 125 Stat.
875.
Pub. L. 111–85, title III, Oct. 28, 2009, 123 Stat. 2871.
Pub. L. 111–8, div. C, title III, Mar. 11, 2009, 123 Stat.
625.
Pub. L. 110–161, div. C, title III, Dec. 26, 2007, 121 Stat.
1966.
Pub. L. 109–103, title III, Nov. 19, 2005, 119 Stat. 2277.
Pub. L. 108–447, div. C, title III, Dec. 8, 2004, 118 Stat.
2957.
Pub. L. 108–137, title III, Dec. 1, 2003, 117 Stat. 1859.
Pub. L. 108–7, div. D, title III, Feb. 20, 2003, 117 Stat.
153.
Pub. L. 107–66, title III, Nov. 12, 2001, 115 Stat. 508.
Pub. L. 106–377, § 1(a)(2) [title III], Oct. 27, 2000, 114
Stat. 1441, 1441A–78.
Pub. L. 106–60, title III, Sept. 29, 1999, 113 Stat. 494.
Pub. L. 105–245, title III, Oct. 7, 1998, 112 Stat. 1851.
Pub. L. 105–62, title III, Oct. 13, 1997, 111 Stat. 1334.
Pub. L. 104–206, title III, Sept. 30, 1996, 110 Stat. 2998.
Pub. L. 104–46, title III, Nov. 13, 1995, 109 Stat. 416.
Pub. L. 103–316, title III, Aug. 26, 1994, 108 Stat. 1719.
Pub. L. 103–126, title III, Oct. 28, 1993, 107 Stat. 1330.
Pub. L. 102–377, title III, Oct. 2, 1992, 106 Stat. 1338.
Pub. L. 102–104, title III, Aug. 17, 1991, 105 Stat. 531.
Pub. L. 101–514, title III, Nov. 5, 1990, 104 Stat. 2093.
Pub. L. 101–101, title III, Sept. 29, 1989, 103 Stat. 661.
Pub. L. 100–371, title III, July 19, 1988, 102 Stat. 870.
Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101
Stat. 1329–104, 1329–124.

§ 7172. Jurisdiction of Commission
(a) Transfer of functions from Federal Power
Commission
(1) There are transferred to, and vested in, the
Commission the following functions of the Federal Power Commission or of any member of the
Commission or any officer or component of the
Commission:
(A) the investigation, issuance, transfer, renewal, revocation, and enforcement of licenses
and permits for the construction, operation,
and maintenance of dams, water conduits, reservoirs, powerhouses, transmission lines, or
other works for the development and improvement of navigation and for the development
and utilization of power across, along, from, or
in navigable waters under part I of the Federal
Power Act [16 U.S.C. 791a et seq.];
(B) the establishment, review, and enforcement of rates and charges for the transmission

§ 7172

or sale of electric energy, including determinations on construction work in progress,
under part II of the Federal Power Act [16
U.S.C. 824 et seq.], and the interconnection,
under section 202(b), of such Act [16 U.S.C.
824a(b)], of facilities for the generation, transmission, and sale of electric energy (other
than emergency interconnection);
(C) the establishment, review, and enforcement of rates and charges for the transportation and sale of natural gas by a producer or
gatherer or by a natural gas pipeline or natural gas company under sections 1, 4, 5, and 6 of
the Natural Gas Act [15 U.S.C. 717, 717c to
717e];
(D) the issuance of a certificate of public
convenience and necessity, including abandonment of facilities or services, and the establishment of physical connections under section 7 of the Natural Gas Act [15 U.S.C. 717f];
(E) the establishment, review, and enforcement of curtailments, other than the establishment and review of priorities for such curtailments, under the Natural Gas Act [15
U.S.C. 717 et seq.]; and
(F) the regulation of mergers and securities
acquisition under the Federal Power Act [16
U.S.C. 791a et seq.] and Natural Gas Act [15
U.S.C. 717 et seq.].
(2) The Commission may exercise any power
under the following sections to the extent the
Commission determines such power to be necessary to the exercise of any function within the
jurisdiction of the Commission:
(A) sections 4, 301, 302, 306 through 309, and
312 through 316 of the Federal Power Act [16
U.S.C. 797, 825, 825a, 825e to 825h, 825k to 825o];
and
(B) sections 8, 9, 13 through 17, 20, and 21 of
the Natural Gas Act [15 U.S.C. 717g, 717h, 717l
to 717p, 717s, 717t].
(b) Repealed. Pub. L. 103–272, § 7(b), July 5, 1994,
108 Stat. 1379
(c) Consideration of proposals made by Secretary to amend regulations issued under
section 753 of title 15; exception
(1) Pursuant to the procedures specified in section 7174 of this title and except as provided in
paragraph (2), the Commission shall have jurisdiction to consider any proposal by the Secretary to amend the regulation required to be issued under section 753(a) 1 of title 15 which is required by section 757 or 760a 1 of title 15 to be
transmitted by the President to, and reviewed
by, each House of Congress, under section 6421 of
this title.
(2) In the event that the President determines
that an emergency situation of overriding national importance exists and requires the expeditious promulgation of a rule described in paragraph (1), the President may direct the Secretary to assume sole jurisdiction over the promulgation of such rule, and such rule shall be
transmitted by the President to, and reviewed
by, each House of Congress under section 757 or
760a 1 of title 15, and section 6421 of this title.
1 See

References in Text note below.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(d) Matters involving agency determinations to
be made on record after agency hearing
The Commission shall have jurisdiction to
hear and determine any other matter arising
under any other function of the Secretary—
(1) involving any agency determination required by law to be made on the record after
an opportunity for an agency hearing; or
(2) involving any other agency determination which the Secretary determines shall be
made on the record after an opportunity for an
agency hearing,
except that nothing in this subsection shall require that functions under sections 6213 and
6214 1 of this title shall be within the jurisdiction
of the Commission unless the Secretary assigns
such a function to the Commission.
(e) Matters assigned by Secretary after public
notice and matters referred under section
7174 of this title
In addition to the other provisions of this section, the Commission shall have jurisdiction
over any other matter which the Secretary may
assign to the Commission after public notice, or
which are required to be referred to the Commission pursuant to section 7174 of this title.
(f) Limitation
No function described in this section which
regulates the exports or imports of natural gas
or electricity shall be within the jurisdiction of
the Commission unless the Secretary assigns
such a function to the Commission.
(g) Final agency action
The decision of the Commission involving any
function within its jurisdiction, other than action by it on a matter referred to it pursuant to
section 7174 of this title, shall be final agency
action within the meaning of section 704 of title
5 and shall not be subject to further review by
the Secretary or any officer or employee of the
Department.
(h) Rules, regulations, and statements of policy
The Commission is authorized to prescribe
rules, regulations, and statements of policy of
general applicability with respect to any function under the jurisdiction of the Commission
pursuant to this section.
(Pub. L. 95–91, title IV, § 402, Aug. 4, 1977, 91 Stat.
583; Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat.
1379.)
REFERENCES IN TEXT
The Federal Power Act, referred to in subsec.
(a)(1)(A), (B), and (F), is act June 10, 1920, ch. 285, 41
Stat. 1063, as amended, which is classified generally to
chapter 12 (§ 791a et seq.) of Title 16, Conservation.
Parts I and II of the Federal Power Act are classified
generally to subchapters I (§ 791a et seq.) and II (§ 824 et
seq.), respectively, of chapter 12 of Title 16. For complete classification of this Act to the Code, see section
791a of Title 16 and Tables.
The Natural Gas Act, referred to in subsec. (a)(1)(E),
(F), is act June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is classified generally to chapter 15B (§ 717 et
seq.) of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see section 717w
of Title 15 and Tables.
Sections 753, 757, and 760a of title 15, referred to in
subsec. (c), were omitted from the Code pursuant to

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section 760g of Title 15, which provided for the expiration of the President’s authority under those sections
on Sept. 30, 1981.
Section 6214 of this title, referred to in subsec. (d),
was repealed by Pub. L. 106–469, title I, § 103(3), Nov. 9,
2000, 114 Stat. 2029.
AMENDMENTS
1994—Subsec. (b). Pub. L. 103–272 struck out subsec.
(b) which read as follows: ‘‘There are transferred to,
and vested in, the Commission all functions and authority of the Interstate Commerce Commission or any
officer or component of such Commission where the
regulatory function establishes rates or charges for the
transportation of oil by pipeline or establishes the
valuation of any such pipeline.’’ See section 60502 of
Title 49, Transportation.
OIL PIPELINE REGULATORY REFORM
Pub. L. 102–486, title XVIII, Oct. 24, 1992, 106 Stat.
3010, provided that:
‘‘SEC. 1801. OIL PIPELINE RATEMAKING METHODOLOGY.
‘‘(a) ESTABLISHMENT.—Not later than 1 year after the
date of the enactment of this Act [Oct. 24, 1992], the
Federal Energy Regulatory Commission shall issue a
final rule which establishes a simplified and generally
applicable ratemaking methodology for oil pipelines in
accordance with section 1(5) of part I of the Interstate
Commerce Act [former 49 U.S.C. 1(5)].
‘‘(b) EFFECTIVE DATE.—The final rule to be issued
under subsection (a) may not take effect before the
365th day following the date of the issuance of the rule.
‘‘SEC. 1802. STREAMLINING OF COMMISSION PROCEDURES.
‘‘(a) RULEMAKING.—Not later than 18 months after the
date of the enactment of this Act [Oct. 24, 1992], the
Commission shall issue a final rule to streamline procedures of the Commission relating to oil pipeline rates
in order to avoid unnecessary regulatory costs and
delays.
‘‘(b) SCOPE OF RULEMAKING.—Issues to be considered
in the rulemaking proceeding to be conducted under
subsection (a) shall include the following:
‘‘(1) Identification of information to be filed with
an oil pipeline tariff and the availability to the public of any analysis of such tariff filing performed by
the Commission or its staff.
‘‘(2) Qualification for standing (including definitions of economic interest) of parties who protest oil
pipeline tariff filings or file complaints thereto.
‘‘(3) The level of specificity required for a protest or
complaint and guidelines for Commission action on
the portion of the tariff or rate filing subject to protest or complaint.
‘‘(4) An opportunity for the oil pipeline to file a response for the record to an initial protest or complaint.
‘‘(5) Identification of specific circumstances under
which Commission staff may initiate a protest.
‘‘(c) ADDITIONAL PROCEDURAL CHANGES.—In conducting the rulemaking proceeding to carry out subsection
(a), the Commission shall identify and transmit to Congress any other procedural changes relating to oil pipeline rates which the Commission determines are necessary to avoid unnecessary regulatory costs and
delays and for which additional legislative authority
may be necessary.
‘‘(d) WITHDRAWAL OF TARIFFS AND COMPLAINTS.—
‘‘(1) WITHDRAWAL OF TARIFFS.—If an oil pipeline tariff which is filed under part I of the Interstate Commerce Act [former 49 U.S.C. 1 et seq.] and which is
subject to investigation is withdrawn—
‘‘(A) any proceeding with respect to such tariff
shall be terminated;
‘‘(B) the previous tariff rate shall be reinstated;
and
‘‘(C) any amounts collected under the withdrawn
tariff rate which are in excess of the previous tariff
rate shall be refunded.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(2) WITHDRAWAL OF COMPLAINTS.—If a complaint
which is filed under section 13 of the Interstate Commerce Act [former 49 U.S.C. 13] with respect to an oil
pipeline tariff is withdrawn, any proceeding with respect to such complaint shall be terminated.
‘‘(e) ALTERNATIVE DISPUTE RESOLUTION.—To the maximum extent practicable, the Commission shall establish appropriate alternative dispute resolution procedures, including required negotiations and voluntary
arbitration, early in an oil pipeline rate proceeding as
a method preferable to adjudication in resolving disputes relating to the rate. Any proposed rates derived
from implementation of such procedures shall be considered by the Commission on an expedited basis for approval.
‘‘SEC. 1803. PROTECTION OF CERTAIN EXISTING
RATES.
‘‘(a) RATES DEEMED JUST AND REASONABLE.—Except
as provided in subsection (b)—
‘‘(1) any rate in effect for the 365-day period ending
on the date of the enactment of this Act [Oct. 24, 1992]
shall be deemed to be just and reasonable (within the
meaning of section 1(5) of the Interstate Commerce
Act [former 49 U.S.C. 1(5)]); and
‘‘(2) any rate in effect on the 365th day preceding
the date of such enactment shall be deemed to be just
and reasonable (within the meaning of such section
1(5)) regardless of whether or not, with respect to
such rate, a new rate has been filed with the Commission during such 365-day period;
if the rate in effect, as described in paragraph (1) or (2),
has not been subject to protest, investigation, or complaint during such 365-day period.
‘‘(b) CHANGED CIRCUMSTANCES.—No person may file a
complaint under section 13 of the Interstate Commerce
Act [former 49 U.S.C. 13] against a rate deemed to be
just and reasonable under subsection (a) unless—
‘‘(1) evidence is presented to the Commission which
establishes that a substantial change has occurred
after the date of the enactment of this Act [Oct. 24,
1992]—
‘‘(A) in the economic circumstances of the oil
pipeline which were a basis for the rate; or
‘‘(B) in the nature of the services provided which
were a basis for the rate; or
‘‘(2) the person filing the complaint was under a
contractual prohibition against the filing of a complaint which was in effect on the date of enactment
of this Act and had been in effect prior to January 1,
1991, provided that a complaint by a party bound by
such prohibition is brought within 30 days after the
expiration of such prohibition.
If the Commission determines pursuant to a proceeding
instituted as a result of a complaint under section 13 of
the Interstate Commerce Act that the rate is not just
and reasonable, the rate shall not be deemed to be just
and reasonable. Any tariff reduction or refunds that
may result as an outcome of such a complaint shall be
prospective from the date of the filing of the complaint.
‘‘(c) LIMITATION REGARDING UNDULY DISCRIMINATORY
OR PREFERENTIAL TARIFFS.—Nothing in this section
shall prohibit any aggrieved person from filing a complaint under section 13 or section 15(l) of the Interstate
Commerce Act [former 49 U.S.C. 13, 15(1)] challenging
any tariff provision as unduly discriminatory or unduly
preferential.
‘‘SEC. 1804. DEFINITIONS.
‘‘For the purposes of this title, the following definitions apply:
‘‘(1) COMMISSION.—The term ‘Commission’ means
the Federal Energy Regulatory Commission and, unless the context requires otherwise, includes the Oil
Pipeline Board and any other office or component of
the Commission to which the functions and authority
vested in the Commission under section 402(b) of the
Department of Energy Organization Act (42 U.S.C.
7172(b)) are delegated.
‘‘(2) OIL PIPELINE.—

§ 7173

‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘oil pipeline’ means any common carrier (within the meaning of the Interstate
Commerce Act [former 49 U.S.C. 1 et seq.]) which
transports oil by pipeline subject to the functions
and authority vested in the Commission under section 402(b) of the Department of Energy Organization Act (42 U.S.C. 7172(b)).
‘‘(B) EXCEPTION.—The term ‘oil pipeline’ does not
include the Trans-Alaska Pipeline authorized by
the Trans-Alaska Pipeline Authorization Act (43
U.S.C. 1651 et seq.) or any pipeline delivering oil directly or indirectly to the Trans-Alaska Pipeline.
‘‘(3) OIL.—The term ‘oil’ has the same meaning as is
given such term for purposes of the transfer of functions from the Interstate Commerce Commission to
the Federal Energy Regulatory Commission under
section 402(b) of the Department of Energy Organization Act (42 U.S.C. 7172(b)).
‘‘(4) RATE.—The term ‘rate’ means all charges that
an oil pipeline requires shippers to pay for transportation services.’’

§ 7173. Initiation of rulemaking procedures before Commission
(a) Proposal of rules, regulations, and statements
of policy of general applicability by Secretary and Commission
The Secretary and the Commission are authorized to propose rules, regulations, and statements of policy of general applicability with respect to any function within the jurisdiction of
the Commission under section 7172 of this title.
(b) Consideration and final action on proposals
of Secretary
The Commission shall have exclusive jurisdiction with respect to any proposal made under
subsection (a) of this section, and shall consider
and take final action on any proposal made by
the Secretary under such subsection in an expeditious manner in accordance with such reasonable time limits as may be set by the Secretary
for the completion of action by the Commission
on any such proposal.
(c) Utilization of rulemaking procedures for establishment of rates and charges under Federal Power Act and Natural Gas Act
Any function described in section 7172 of this
title which relates to the establishment of rates
and charges under the Federal Power Act [16
U.S.C. 791a et seq.] or the Natural Gas Act [15
U.S.C. 717 et seq.], may be conducted by rulemaking procedures. Except as provided in subsection (d) of this section, the procedures in
such a rulemaking proceeding shall assure full
consideration of the issues and an opportunity
for interested persons to present their views.
(d) Submission of written questions by interested persons
With respect to any rule or regulation promulgated by the Commission to establish rates and
charges for the first sale of natural gas by a producer or gatherer to a natural gas pipeline under
the Natural Gas Act [15 U.S.C. 717 et seq.], the
Commission may afford any interested person a
reasonable opportunity to submit written questions with respect to disputed issues of fact to
other interested persons participating in the
rulemaking proceedings. The Commission may
establish a reasonable time for both the submission of questions and responses thereto.