15 U.S.C. 717m

15 U.S.C. 717m.pdf

FERC-600, Rules of Practice and Procedure: Complaint Procedures

15 U.S.C. 717m

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15 U.S.C.
United States Code, 2021 Edition
Title 15 - COMMERCE AND TRADE
CHAPTER 15B - NATURAL GAS
Sec. 717m - Investigations by Commission
From the U.S. Government Publishing Office, www.gpo.gov

§717m. Investigations by Commission
(a) Power of Commission
The Commission may investigate any facts, conditions, practices, or matters which it may find
necessary or proper in order to determine whether any person has violated or is about to violate any
provisions of this chapter or any rule, regulation, or order thereunder, or to aid in the enforcement of
the provisions of this chapter or in prescribing rules or regulations thereunder, or in obtaining
information to serve as a basis for recommending further legislation to the Congress. The
Commission may permit any person to file with it a statement in writing, under oath or otherwise, as
it shall determine, as to any or all facts and circumstances concerning a matter which may be the
subject of investigation. The Commission, in its discretion, may publish in the manner authorized by
section 825k of title 16, and make available to State commissions and municipalities, information
concerning any such matter.
(b) Determination of adequacy of gas reserves
The Commission may, after hearing, determine the adequacy or inadequacy of the gas reserves
held or controlled by any natural-gas company, or by anyone on its behalf, including its owned or
leased properties or royalty contracts; and may also, after hearing, determine the propriety and
reasonableness of the inclusion in operating expenses, capital, or surplus of all delay rentals or other
forms of rental or compensation for unoperated lands and leases. For the purpose of such
determinations, the Commission may require any natural-gas company to file with the Commission
true copies of all its lease and royalty agreements with respect to such gas reserves.
(c) Administration of oaths and affirmations; subpena of witnesses, etc.
For the purpose of any investigation or any other proceeding under this chapter, any member of
the Commission, or any officer designated by it, is empowered to administer oaths and affirmations,
subpena witnesses, compel their attendance, take evidence, and require the production of any books,
papers, correspondence, memoranda, contracts, agreements, or other records which the Commission
finds relevant or material to the inquiry. Such attendance of witnesses and the production of any such
records may be required from any place in the United States or at any designated place of hearing.
Witnesses summoned by the Commission to appear before it shall be paid the same fees and mileage
that are paid witnesses in the courts of the United States.
(d) Jurisdiction of courts of United States
In case of contumacy by, or refusal to obey a subpena issued to, any person, the Commission may
invoke the aid of any court of the United States within the jurisdiction of which such investigation or
proceeding is carried on, or where such person resides or carries on business, in requiring the
attendance and testimony of witnesses and the production of books, papers, correspondence,
memoranda, contracts, agreements, and other records. Such court may issue an order requiring such
person to appear before the Commission or member or officer designated by the Commission, there
to produce records, if so ordered, or to give testimony touching the matter under investigation or in
question; and any failure to obey such order of the court may be punished by such court as a
contempt thereof. All process in any such case may be served in the judicial district whereof such
person is an inhabitant or wherever he may be found or may be doing business. Any person who
willfully shall fail or refuse to attend and testify or to answer any lawful inquiry or to produce books,
papers, correspondence, memoranda, contracts, agreements, or other records, if in his or its power so

to do, in obedience to the subpena of the Commission, shall be guilty of a misdemeanor and upon
conviction shall be subject to a fine of not more than $1,000 or to imprisonment for a term of not
more than one year, or both.
(e) Testimony of witnesses
The testimony of any witness may be taken at the instance of a party, in any proceeding or
investigation pending before the Commission, by deposition at any time after the proceeding is at
issue. The Commission may also order testimony to be taken by deposition in any proceeding or
investigation pending before it at any stage of such proceeding or investigation. Such depositions
may be taken before any person authorized to administer oaths not being of counsel or attorney to
either of the parties, nor interested in the proceeding or investigation. Reasonable notice must first be
given in writing by the party or his attorney proposing to take such deposition to the opposite party
or his attorney of record, as either may be nearest, which notice shall state the name of the witness
and the time and place of the taking of his deposition. Any person may be compelled to appear and
depose, and to produce documentary evidence, in the same manner as witnesses may be compelled to
appear and testify and produce documentary evidence before the Commission, as hereinbefore
provided. Such testimony shall be reduced to writing by the person taking deposition, or under his
direction, and shall, after it has been reduced to writing, be subscribed by the deponent.
(f) Deposition of witnesses in a foreign country
If a witness whose testimony may be desired to be taken by deposition be in a foreign country, the
deposition may be taken before an officer or person designated by the Commission, or agreed upon
by the parties by stipulation in writing to be filed with the Commission. All depositions must be
promptly filed with the Commission.
(g) Witness fees
Witnesses whose depositions are taken as authorized in this chapter, and the person or officer
taking the same, shall be entitled to the same fees as are paid for like services in the courts of the
United States.
(June 21, 1938, ch. 556, §14, 52 Stat. 828; Pub. L. 91–452, title II, §218, Oct. 15, 1970, 84 Stat.
929.)
Editorial Notes
Amendments
1970—Subsec. (h). Pub. L. 91–452 struck out subsec. (h) which related to the immunity from prosecution
of any individual compelled to testify or produce evidence, documentary or otherwise, after claiming his
privilege against self-incrimination.
Statutory Notes and Related Subsidiaries
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any
immunity to which any individual is entitled under this section by reason of any testimony given before
sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings
Provision note under section 6001 of Title 18, Crimes and Criminal Procedure.
Study and Report on Natural Gas Pipeline and Storage Facilities in New England
Pub. L. 107–355, §26, Dec. 17, 2002, 116 Stat. 3012, required the Federal Energy Regulatory Commission,
in consultation with the Department of Energy, to conduct a study on the natural gas pipeline transmission
network in New England and natural gas storage facilities associated with that network, and submit a report on
the results to Congress by not later than 1 year after Dec. 17, 2002.


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