§ 3431. Coordination with the Natural Gas Act

Footnotes

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

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 VI § 601 · 92 Stat. 3350

   Enacted · 15 U.S.C. § 3431

   Pub. L. 95–621, title VI, § 601, Nov. 9, 1978, 92 Stat. 3409

   Source evidence

   Code source credit
   Pub. L. 95–621, title VI, § 601, Nov. 9, 1978, 92 Stat. 3409

   Enacted provision · exact public law section
   SEC. 601. COORDINATION WITH THE NATURAL GAS ACT. (a) Jurisdiction of the Commission Under the Natural Gas Act.— (1) Sales.— (A) Natural gas not committed or dedicated.— For purposes of section 1 (b) of the Natural Gas Act, effective on the 15 USC 717. first day of the first month beginning after the date of the enactment of this Act, the provisions of the Natural Gas Act and the jurisdiction of the Commission under such Act shall not apply to natural gas which was not committed or dedicated to interstate commerce as of the day before the date of enactment of this Act solely by reason of any first sale of such natural gas. (B) Committed or dedicated natural gas.— Effective beginning on the first day of the first month beginning after the date of the enactment of this Act, for purposes of sect ion 1(b) of the Natural Gas Act, the provisions of such Act and the jurisdiction of the Commission under such Act shall not apply solely by reason of any first sale of natural gas which is committed or dedicated to interstate commerce as of the day before the date of the enactment of this Act and which is— (i) high-cost natural gas (as defined in section 107(c) (1), (2), (3),or (4) of this Act); Ante, p. 3366. (ii) new natural gas (as defined in section 102(c) of this Act); or Ante, p. 3358. (iii) natural gas produced from any new, onshore production well (as defined in section 103(c) of this Act). Ante, p. 3361 (C) Authorized sales or assignments.— For purposes of section 1(b) of the Natural Gas Act, the provisions of the 15 USC 717. 15 USC 717w. Ante, pp. 3382, 3388. Natural Gas Act and the jurisdiction of the Commission under such Act shall not apply by reason of any sale of natural gas— (i) authorized under section 302(a) or 311(b); or ’ ’ (ii) pursuant to any assigned authorized under section 312(a). (D) Natural-gas company.— For purposes of the Natural Gas Act, the term “natural-gas company” (as defined in section 15 USC 717w. 15 USC 717a. 2(6) of such Act) shall not include any person by reason 13 USC 717a. of, or with respect to, any sale of natural gas if the provisions of the Natural Gas Act and the jurisdiction of the Commission do not apply to such sale sojely by reason of subparagraph (A), (B), or (C) of this paragraph. (E) Alaskan natural gas.— Subparagraph (B) (ii) and (iii) shall not apply with respect to natural gas produced from the Prudhoe Bay unit of Alaska and transported through the transportation system approved under the Alaska Natural Gas Transportation Act of 1976. 15 USC 719 note. (2) Transportation.— note. (A) Jurisdiction of the commission.— For purposes of section 1(b) of the Natural Gas Act the provisions of such 15 USC 717. Act and the jurisdiction of the Commission under such Act shall not apply to any transportation in interstate commerce of natural gas if such transportation is— (i) pursuant to any order under section 302(c) or section Ante, pp. 3382, 3383. 303 (b), (c), (d), or (h) of this Act; or (ii) authorized by the Commission under section 311 Ante, p. 3388. (a) of this Act. (B) Natural-gas company.— For purposes of the Natural Gas Act. the term “natural-gas company” (as defined in section 15 USC 717w. 15 USC 717a. 2(6) of such Act) shall not include any person by reason of, or with respect to, any transportation of natural gas if the provisions of the Natural Gas Act and the jurisdiction of the Commission under the Natural Gas Act do not apply to such transportation by reason of subparagraph (A) of this paragraph. (b) Charges Deemed Just and Reasonable.— (1) Sales.— (A) First sales.— Subject to paragraph (4), for purposes 15 USC 717c, 717d. of sections 4 and 5 of the Natural Gas Act. any amount paid in any first sale of natural gas shall be deemed to be just and reasonable if— (i) such amount does not exceed the applicable maximum Ante, p. 3356. lawful price established under title I of this Act; or (ii) there is no applicable maximum lawful price solely by reason of the elimination of price controls pursuant Ante, p. 3369. to subtitle B of title I of this Act. (B) Emergency sales.— For purposes of sections 4 and 5 15 USC 717c, 717d. Ante, p. 3382. of the Natural Gas Act, any amount paid in any sale authorized under section 302(a) shall be deemed to be just and reasonable if such amount does not exceed the fair and equitable price established under such section and applicable to such sale. (C) Sales by intrastate pipelines.— For purposes of sections 15 USC 717c, 717d. Ante, p. 3388. 4 and 5 of the Natural Gas Act, any amount paid in any sale authorized by the Commission under section 311(b) shall be deemed to be just and reasonable if such amount does not exceed the fair and equitable price established by the Commission and applicable to such sale. (D) Assignments.— For purposes of sections 4 and 5 of the 15 USC 717c, 717d. Natural Gas Act, any amount paid pursuant to the terms of any contract with respect to that portion of which the Commission has authorized an assignment authorized under section 312(a) shall be deemed to be just and reasonable if such amount does not exceed the applicable maximum lawful price Ante, p. 3356. established under title I of this Act. (E) Affiliated entities limitation.— For purposes of paragraph (1), in the case of any first sale between any interstate pipeline and any affiliate of such pipeline, any amount paid in any first sale shall be deemed to be just and reasonable if, in addition to satisfying the requirements of such paragraph, such amount does not exceed the amount paid in comparable first sales between persons not affiliated with such interstate pipeline. (2) Other charges.— (A) Allocation.— For purposes of sections 4 and 5 of the 15 USC 717c, 717d. Natural Gas Act, any amount paid by any interstate pipeline for transportation, storage, delivery or other services provided pursuant to any order under section 303 (b), (c), or Ante, p. 3383. (d) of this Act shall be deemed to be just and reasonable if such amount is prescribed by the President under section 303(h)(1). Ante, p. 3383. (B) Transportation.— For purposes of sections 4 and 5 of the Natural Gas Act, any amount paid by any interstate 15 USC 717c, 717d. pipeline for any transportation authorized by the Commission under section 311(a) of this Act shall be deemed to be Ante, p. 3388. just and reasonable if such amount does not exceed that approved by the Commission under such section. (c) Guaranteed Passthrough.— (1) Certificate may not be denied based upon price.— The Commission may not deny, or condition the grant of, any certificate under section 7 of the Natural Gas Act based upon the 15 USC 717f. amount paid in any sale of natural gas, if such amount is deemed to be just and reasonable under subsection (b) of this section. (2) Recovery of just and reasonable prices paid.— For purposes of sections 4 and 5 of the Natural Gas Act, the Commission 15 USC 717c, 717d. may not deny any interstate pipeline recovery of any amount paid with respect to any purchase of natural gas if— (A) under subsection (b) of this section, such amount is deemed to be just and reasonable for purposes of sections 4 and 5 of such Act, and (B) such recovery is not inconsistent with any requirement of any rule under section 201 (including any amendment Ante, p. 3371. Ante, p. 3372. under section 202), except to the extent the Commission determines that the amount paid was excessive due to fraud, abuse, or similar grounds.

2. 1989

   Pub. L. 101–60 § 3(b)(7)(A) · 103 Stat. 157

   1. Substituted · 15 U.S.C. § 3431(a)(1)(A)

      Pub. L. 101–60, § 3(b)(7)(A), in heading substituted “Application to first sales” for “Natural gas not committed or dedicated”

   2. Amended · 15 U.S.C. § 3431(a)(1)(A)

      Pub. L. 101–60, § 3(b)(7)(A), in heading amended text generally. Prior to amendment, text read as follows: “For purposes of section 1(b) of the Natural Gas Act, effective on the first day of the first month beginning after November 9, 1978, the provisions of the Natural Gas Act and the jurisdiction of the Commission under such Act shall not apply to natural gas which was not committed or dedicated to interstate commerce as of November 8, 1978, solely by reason of any first sale of such natural gas.”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 101–60, § 3(b)(7)(A), in heading substituted “Application to first sales” for “Natural gas not committed or dedicated” and amended text generally. Prior to amendment, text read as follows: “For purposes of section 1(b) of the Natural Gas Act, effective on the first day of the first month beginning after November 9, 1978, the provisions of the Natural Gas Act and the jurisdiction of the Commission under such Act shall not apply to natural gas which was not committed or dedicated to interstate commerce as of November 8, 1978, solely by reason of any first sale of such natural gas.”

   Enacted provision · exact public law section
   (A) by amending subsection (a)(1)(A) to read as follows:“ “(A) Application to first sales.— For purposes of section 1(b) of the Natural Gas Act, the provisions of the Natural Gas Act and the jurisdiction of the Commission under such Act shall not apply to any natural gas solely by reason of any first sale of such natural gas.”;

   Effective date note
   Amendment by section 3(b)(7) 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(b)(7)(B) · 103 Stat. 157

   1. Redesignated · 15 U.S.C. § 3431(a)(1)(B)

      Pub. L. 101–60, § 3(b)(7)(B), (C), redesignated subpar. (C) as (B)

   2. Struck · 15 U.S.C. § 3431(a)(1)(B)

      Pub. L. 101–60, § 3(b)(7)(B), (C), struck out former subpar. (B) which related to committed or dedicated natural gas which was high-cost natural gas, new natural gas, or natural gas produced from any new, onshore production well

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B). Pub. L. 101–60, § 3(b)(7)(B), (C), redesignated subpar. (C) as (B) and struck out former subpar. (B) which related to committed or dedicated natural gas which was high-cost natural gas, new natural gas, or natural gas produced from any new, onshore production well.

   Enacted provision · exact public law section
   (B) by striking subparagraphs (B) and (E) of subsection (a)(1);

   Effective date note
   Amendment by section 3(b)(7) 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. 1989

   Pub. L. 101–60 § 3(b)(7)(C) · 103 Stat. 157

   1. Redesignated · 15 U.S.C. § 3431(a)(1)(C)

      Pub. L. 101–60, § 3(b)(7)(C), (D), redesignated subpar. (D) as (C)

   2. Redesignated · 15 U.S.C. § 3431(a)(1)(C)

      Pub. L. 101–60, § 3(b)(7)(C), (D), substituted “subparagraph (A) or (B)” for “subparagraph (A), (B), or (C)”. Former subpar. (C) redesignated (B)

   Source evidence

   Code amendment note
   Subsec. (a)(1)(C). Pub. L. 101–60, § 3(b)(7)(C), (D), redesignated subpar. (D) as (C) and substituted “subparagraph (A) or (B)” for “subparagraph (A), (B), or (C)”. Former subpar. (C) redesignated (B).

   Enacted provision · exact public law section
   (C) by redesignating subparagraphs (C) and (D) of subsection (a)(1) as subparagraphs (B) and (C), respectively;

   Effective date note
   Amendment by section 3(b)(7) 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.

5. 1989

   Pub. L. 101–60 § 3(b)(7)(C) · 103 Stat. 157

   Redesignated · 15 U.S.C. § 3431(a)(1)(D)

   Pub. L. 101–60, § 3(b)(7)(C), redesignated subpar. (D) as (C)

   Source evidence

   Code amendment note
   Subsec. (a)(1)(D). Pub. L. 101–60, § 3(b)(7)(C), redesignated subpar. (D) as (C).

   Enacted provision · exact public law section
   (C) by redesignating subparagraphs (C) and (D) of subsection (a)(1) as subparagraphs (B) and (C), respectively;

   Effective date note
   Amendment by section 3(b)(7) 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.

6. 1989

   Pub. L. 101–60 § 3(b)(7)(B) · 103 Stat. 157

   Struck · 15 U.S.C. § 3431(a)(1)(E)

   Pub. L. 101–60, § 3(b)(7)(B), struck out subpar. (E), “Certain additional natural gas”, which read as follows: “For purposes of section 1(b) of the Natural Gas Act, the provisions of the Natural Gas Act and the jurisdiction of the Commission under such Act shall not apply solely by reason of any first sale of natural gas which is committed or dedicated to interstate commerce as of July 25, 1989, and which is not subject to a maximum lawful price under part A of subchapter I of this chapter by reason of section 3331(f) of this title, effective as of the date such gas ceases to be subject to such maximum lawful price.”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(E). Pub. L. 101–60, § 3(b)(7)(B), struck out subpar. (E), “Certain additional natural gas”, which read as follows: “For purposes of section 1(b) of the Natural Gas Act, the provisions of the Natural Gas Act and the jurisdiction of the Commission under such Act shall not apply solely by reason of any first sale of natural gas which is committed or dedicated to interstate commerce as of July 25, 1989, and which is not subject to a maximum lawful price under part A of subchapter I of this chapter by reason of section 3331(f) of this title, effective as of the date such gas ceases to be subject to such maximum lawful price.”

   Enacted provision · exact public law section
   (B) by striking subparagraphs (B) and (E) of subsection (a)(1);

   Effective date note
   Amendment by section 3(b)(7) 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.

7. 1989

   Pub. L. 101–60 § 3(a)(7)(A) · 103 Stat. 157

   1. Substituted · 15 U.S.C. § 3431(a)(1)(E)

      Pub. L. 101–60, § 3(a)(7)(A), substituted “Certain additional natural gas” for “Alaskan natural gas” in heading

   2. Amended · 15 U.S.C. § 3431(a)(1)(E)

      Pub. L. 101–60, § 3(a)(7)(A), amended text generally. Prior to amendment, text read as follows: “Subparagraph (B)(ii) and (iii) shall not apply with respect to natural gas produced from the Prudhoe Bay unit of Alaska and transported through the transportation system approved under the Alaska Natural Gas Transportation Act of 1976.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–60, § 3(a)(7)(A), substituted “Certain additional natural gas” for “Alaskan natural gas” in heading and amended text generally. Prior to amendment, text read as follows: “Subparagraph (B)(ii) and (iii) shall not apply with respect to natural gas produced from the Prudhoe Bay unit of Alaska and transported through the transportation system approved under the Alaska Natural Gas Transportation Act of 1976.”

   Enacted provision · exact public law section
   (A) by amending subsection (a)(1)(E) to read as follows: “(E) Certain additional natural gas.— For purposes of section 1(b) of the Natural Gas Act, the provisions of the Natural Gas Act and the jurisdiction of the Commission under such Act shall not apply solely by reason of any first sale of natural gas which is committed or dedicated to interstate commerce as of the day before the date of the enactment of this Act and which is not subject to a maximum lawful price under subtitle A of title I by reason of section 121(f), effective as of the date such gas ceases to be subject to such maximum lawful price.”; and

   Effective date note
   Amendment by section 3(b)(7) 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.

8. 1989

   Pub. L. 101–60 § 3(b)(7)(E) · 103 Stat. 157

   Amended · 15 U.S.C. § 3431(b)(1)(A)

   Pub. L. 101–60, § 3(b)(7)(E), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Subject to paragraph (4), for purposes of sections 4 and 5 of the Natural Gas Act, any amount paid in any first sale of natural gas shall be deemed to be just and reasonable if—

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A). Pub. L. 101–60, § 3(b)(7)(E), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Subject to paragraph (4), for purposes of sections 4 and 5 of the Natural Gas Act, any amount paid in any first sale of natural gas shall be deemed to be just and reasonable if—

   “(i) such amount does not exceed the applicable maximum lawful price established under subchapter I of this chapter; or “(ii) there is no applicable maximum lawful price solely by reason of the elimination of price controls pursuant to part B of subchapter I of this chapter.”

   Enacted provision · exact public law section
   (E) by amending subsection (b)(1)(A) to read as follows: “(A) First sales.— Except as otherwise provided in this subsection, for purposes of sections 4 and 5 of the Natural Gas Act, any amount paid in any first sale of natural gas shall be deemed to be just and reasonable.”; and

   Effective date note
   Amendment by section 3(b)(7) 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.

9. 1989

   Pub. L. 101–60 § 3(b)(7)(F) · 103 Stat. 157

   Struck · 15 U.S.C. § 3431(b)(1)(D)

   Pub. L. 101–60, § 3(b)(7)(F), struck out before period at end “if such amount does not exceed the applicable maximum lawful price established under subchapter I of this chapter”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(D). Pub. L. 101–60, § 3(b)(7)(F), struck out before period at end “if such amount does not exceed the applicable maximum lawful price established under subchapter I of this chapter”.

   Enacted provision · exact public law section
   (F) in subsection (b)(1)(D), by striking “if such amount does not exceed the applicable maximum lawful price established under title I of this Act”.

   Effective date note
   Amendment by section 3(b)(7) 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.

10. 1989

    Pub. L. 101–60 § 3(a)(7)(B) · 103 Stat. 157

    Substituted · 15 U.S.C. § 3431(c)(2)

    Pub. L. 101–60, § 3(a)(7)(B), substituted “purchase of natural gas if, under subsection (b) of this section, such amount is deemed to be just and reasonable for purposes of sections 4 and 5 of such Act,” for “purchase of natural gas if—

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 101–60, § 3(a)(7)(B), substituted “purchase of natural gas if, under subsection (b) of this section, such amount is deemed to be just and reasonable for purposes of sections 4 and 5 of such Act,” for “purchase of natural gas if—

    “(A) under subsection (b) of this section, such amount is deemed to be just and reasonable for purposes of sections 4 and 5 of such Act, and “(B) such recovery is not inconsistent with any requirement of any rule under section 3341 of this title (including any amendment under section 3342 of this title),”.

    Enacted provision · exact public law section
    (B) in subsection (c)(2), by striking “purchase of natural gas” and all that follows through “under section 202),” and inserting in lieu thereof “purchase of natural gas if, under subsection (b) of this section, such amount is deemed to be just and reasonable for purposes of sections 4 and 5 of such Act,”.

    Effective date note
    Amendment by section 3(b)(7) 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.

14 of 14 references resolved to an enrolled provision