§ 3414. Enforcement

Footnotes

1. 1 So in original. Probably should be “assess”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Pub. L. 95–621 title V § 504 · 92 Stat. 3350

   Enacted · 15 U.S.C. § 3414

   Pub. L. 95–621, title V, § 504, Nov. 9, 1978, 92 Stat. 3401

   Source evidence

   Code source credit
   Pub. L. 95–621, title V, § 504, Nov. 9, 1978, 92 Stat. 3401

   Enacted provision · exact public law section
   SEC. 504. ENFORCEMENT. (a) General Rule.— It shall be unlawful for any person— (1) to sell natural gas at a first sale price in excess of any applicable maximum lawful price under this Act; or (2) to otherwise violate any provision of this Act or any rule or order under this Act. (b) Civil Enforcement.— (1) In general.— Except as provided in paragraphs (2) and (3), whenever it appears to the Commission that any person is engaged or about to engage in any act or practice which constitutes or will constitute a violation of any provision of this Act, or of any rule or order thereunder, the Commission may bring an action in the District Court of the United States for the District of Columbia or any other appropriate district court of the United States to enjoin such act or practice and to enforce compliance with this Act, or any rule or order thereunder. (2) Enforcement of emergency orders.— Whenever it appears to the President that any person has engaged, is engaged, or is about to engage in acts or practices constituting a violation of any order under section 302 or any order or supplemental order issued under section 303, the President may bring a civil action in any appropriate district court of the United States to enjoin such acts or practices. (3) Enforcement of incremental pricing.— The Secretary, the Commission, or, on the request of the Secretary of Energy or the Commission, the Attorney General, may institute a civil action for injunctive or other equitable relief as may be appropriate Ante, p. 3378. Ante, p. 3375. to assure compliance with the provisions of section 205 requiring the passthrough of surcharges paid under section 204 by any local distribution company with respect to nautral gas delivered to incrementally priced industrial facilities served by such company. Such action may be instituted in any district court of the United States in the State in which such local distribution company conducts business or in the District Court of the United States for the District of Columbia. (4) Relief available.— In any action under paragraph (1), (2), or (3), the court shall, upon a proper showing, issue a temporary restraining order or preliminary or permanent injunction without bond. In any such action, the court may also issue a mandatory injunction commanding any person to comply with any applicable provision of law, rule, or order, or ordering such other legal or equitable relief as the court determines appropriate, including refund or restitution. (5) Criminal referral.— The Commission may transmit such evidence as may be available concerning any acts or practices constituting any possible violations of the Federal antitrust laws to the Attorney General who may institute appropriate criminal proceedings. (6) Civil penalties.— (A) In general.— Any person who knowingly violates any provision of this Act, or any provision of any rule or order under this Act, shall be subject to— (i) except as provided in clause (ii) a civil penalty, which the Commission may assess, of not more than $5,000 for any one violation; and (ii) a civil penalty, which the President may assess, of not more than $25,000, in the case of any violation of Ante, p. 3382. Ante, p. 3383. an order under section 302 or an order or supplemental order under section 303. (B) Definition of knowing.— For purposes of subparagraph (A), the term “knowing” means the having of— (i) actual knowledge; or (ii) the constructive knowledge deemed to be possessed by a reasonable individual who acts under similar circumstances. (C) Each day separate violation.— For purposes of this paragraph, in the case of a continuing violation, each day of violation shall constitute a separate violation. (D) Statute of limitations.— No person shall be subject to any civil penalty under this paragraph with respect to any violation occurring more than 3 years before the date on which such person is provided notice of the proposed penalty under subparagraph (E). The preceding sentence shall not apply in any case in which an untrue statement of material fact was made to the Commission or a State or Federal agency by, or acquiesced to by, the violator with respect to the acts or omissions constituting such violation, or if there was omitted a material fact necessary in order to make any statement made by, or acquiesced to by, the violator with respect to such acts or omissions not misleading in light of circumstances under such statement was made. (E) Assessed by commission.— Before assessing any civil penalty under this paragraph, the Commission shall provide to such person notice of the proposed penalty. Following receipt of notice of the proposed penalty by such person, the Commission shall, by order, asssess such penalty. (F) Judicial review.— If the civil penalty has not been paid within 60 calendar days after the assessment order has been made under subparagraph (E), the Commission shall institute an action in the appropriate district court of the United States for an order affirming the assessment of the civil penalty. The court shall have authority to review de novo the law and the facts involved, and shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part, such assessment. (c) Criminal Penalties.— (1) Violations of act.— Except in the case of violations covered under paragraph (3), any person who knowingly and willfully violates any provision of this Act shall be subject to— (A) a fine of not more than $5,000; or (B) imprisonment for not more than two years; or (C) botn such fine and such imprisonment. (2) Violation of rules or orders generally.— Except in the case of violations covered under paragraph (3), any person who knowingly and willfully violates any rule or order under this Act (other than an order of the Commission assessing a civil penalty under subsection (b) (4) (E)), shall be subject to a fine of not more than $500 for each violation. (3) Violations of emergency orders.— Any person who knowingly and willfully violates an order under section 302 or an order Ante, p. 3382. Ante, p. 3383. or supplemental order under section 303 shall be fined not more than $50,000 for each violation. (4) Each day separate violation.— For purposes of this subsection, each day of violation shall constitute a separate violation. (5) Definition of knowingly.— For purposes of this subsection, the term “knowingly”, when used with respect to any act or omission by any person, means such person— (A) had actual knowledge; or (B) had constructive knowledge deemed to be possessed by a reasonable individual who acts under similar circumstances.

2. 1989

   Pub. L. 101–60 § 3(b)(6) · 103 Stat. 157

   Struck · 15 U.S.C. § 3414(a)

   Pub. L. 101–60, § 3(b)(6), struck out par. (2) designation and par. (1) making it unlawful to sell natural gas at a first sale price in excess of any applicable maximum lawful price under this chapter

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–60, § 3(b)(6), struck out par. (2) designation and par. (1) making it unlawful to sell natural gas at a first sale price in excess of any applicable maximum lawful price under this chapter.

   Enacted provision · exact public law section
   (6) Section 504(a) (15 U.S.C. 3414(a)) is amended by striking “person” and all that follows through “to otherwise” and inserting in lieu thereof “person to”.

   Effective date note
   Amendment by section 3(b)(6) of Pub. L. 101–60 effective Jan. 1, 1993, see section 3(b) of Pub. L. 101–60, set out as a note under section 3372 of this title.

3. 1989

   Pub. L. 101–60 § 3(a)(4) · 103 Stat. 157

   1. Substituted · 15 U.S.C. § 3414(b)

      Pub. L. 101–60, § 3(a)(4), substituted “paragraph (2)” for “paragraphs (2) and (3)” in par. (1)

   2. Struck · 15 U.S.C. § 3414(b)

      Pub. L. 101–60, § 3(a)(4), struck out par. (3) which related to enforcement of incremental pricing

   3. Substituted · 15 U.S.C. § 3414(b)

      Pub. L. 101–60, § 3(a)(4), substituted “paragraph (1) or (2)” for “paragraph (1), (2), or (3)” in par. (4)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–60, § 3(a)(4), substituted “paragraph (2)” for “paragraphs (2) and (3)” in par. (1), struck out par. (3) which related to enforcement of incremental pricing, and substituted “paragraph (1) or (2)” for “paragraph (1), (2), or (3)” in par. (4).

   Enacted provision · exact public law section
   (4) Section 504(b) (15 U.S.C. 3414(b)) is amended— (A) in paragraph (1), by striking “paragraphs (2) and (3)” and inserting in lieu thereof “paragraph (2)”; (B) by striking paragraph (3); and (C) in paragraph (4), by striking “paragraph (1), (2), or (3)” and inserting in lieu thereof “paragraph (1) or (2)”.

   Effective date note
   Amendment by section 3(b)(6) of Pub. L. 101–60 effective Jan. 1, 1993, see section 3(b) of Pub. L. 101–60, set out as a note under section 3372 of this title.

4. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 § 314(b)(2) · 119 Stat. 594

   1. Substituted · 15 U.S.C. § 3414(b)(6)(A)

      Pub. L. 109–58, § 314(b)(2), substituted “$1,000,000” for “$5,000” in cl. (ii)

   2. Substituted · 15 U.S.C. § 3414(b)(6)(A)

      Pub. L. 109–58, § 314(b)(2), substituted “$1,000,000” for “$25,000” in cl. (ii)

   Source evidence

   Code amendment note
   Subsec. (b)(6)(A). Pub. L. 109–58, § 314(b)(2), substituted “$1,000,000” for “$5,000” in cl. (i) and “$1,000,000” for “$25,000” in cl. (ii).

   Enacted provision · exact public law section
   (2) Natural gas policy act of 1978.— Section 504(b)(6)(A) of the Natural Gas Policy Act of 1978 (15 U.S.C. 3414(b)(6)(A)) is amended— (A) in clause (i), by striking “$5,000” and inserting “$1,000,000”; and (B) in clause (ii), by striking “$25,000” and inserting “$1,000,000”.

5. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 § 314(a)(2)(A) · 119 Stat. 594

   1. Substituted · 15 U.S.C. § 3414(c)(1)

      Pub. L. 109–58, § 314(a)(2)(A), substituted “$1,000,000” for “$5,000” in subpar. (B)

   2. Substituted · 15 U.S.C. § 3414(c)(1)

      Pub. L. 109–58, § 314(a)(2)(A), substituted “5 years” for “two years” in subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 109–58, § 314(a)(2)(A), substituted “$1,000,000” for “$5,000” in subpar. (A) and “5 years” for “two years” in subpar. (B).

   Enacted provision · exact public law section
   (A) in paragraph (1)— (i) in subparagraph (A), by striking “$5,000” and inserting “$1,000,000”; and (ii) in subparagraph (B), by striking “two years” and inserting “5 years”; and

6. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 § 314(a)(2)(B) · 119 Stat. 594

   Substituted · 15 U.S.C. § 3414(c)(2)

   Pub. L. 109–58, § 314(a)(2)(B), substituted “$50,000 for each day on which the offense occurs” for “$500 for each violation”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 109–58, § 314(a)(2)(B), substituted “$50,000 for each day on which the offense occurs” for “$500 for each violation”.

   Enacted provision · exact public law section
   (B) in paragraph (2), by striking “$500 for each violation” and inserting “$50,000 for each day on which the offense occurs”.

10 of 10 references resolved to an enrolled provision