§ 717f. Construction, extension, or abandonment of facilities

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. 1938

   Natural Gas Act

   Pub. L. 75–556 § 7 · 52 Stat. 821

   Enacted · 15 U.S.C. § 717f

   June 21, 1938, ch. 556, § 7, 52 Stat. 824

   Source evidence

   Code source credit
   June 21, 1938, ch. 556, § 7, 52 Stat. 824

   Enacted provision · exact public law section
   Sec. 7. extension of facilities; abandonment of service (a) Whenever the Commission, after notice and opportunity for hearing, finds such action necessary or desirable in the public interest, it may by order direct a natural-gas company to extend or improve its transportation facilities, to establish physical connection of its transportation facilities with the facilities of, and sell natural gas to, any person or municipality engaged or legally authorized to engage in the local distribution of natural or artificial gas to the public, and for such purpose to extend its transportation facilities to communities immediately adjacent to such facilities or to territory served by such natural-gas company, if the Commission finds that no undue burden will be placed upon such natural-gas company Proviso. Not to impair service, etc. thereby: Provided, That the Commission shall have no authority to compel the enlargement of transportation facilities for such purposes, or to compel such natural-gas company to establish physical connection or sell natural gas when to do so would impair its ability to render adequate service to its customers. (b) Abandonment of service. No natural-gas company shall abandon all or any portion of its facilities subject to the jurisdiction of the Commission, or any service rendered by means of such facilities, without the permission and approval of the Commission first had and obtained, after due hearing, and a finding by the Commission that the available supply of natural gas is depleted to the extent that the continuance of service is unwarranted, or that the present or future public convenience or necessity permit such abandonment. (c) No natural-gas company shall undertake the construction or Duplication of facilities. extension of any facilities for the transportation of natural gas to a market in which natural gas is already being served by another natural-gas company, or acquire or operate any such facilities or extensions thereof, or engage in transportation by means of any new or additional facilities, or sell natural gas in any such market, unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity require or will require such new construction or operation of any such facilities or extensions thereof: Provided, however, Proviso. Enlargement of existing facilities. That a natural-gas company already serving a market may enlarge or extend its facilities for the purpose of supplying increased market demands in the territory in which it operates. Whenever any Certificates of convenience and necessity, hearings, etc. natural-gas company shall make application for a certificate of convenience and necessity under the provisions of this subsection, the Commission shall set the matter for hearing and shall give such reasonable notice of the hearing thereon to all interested persons as in its judgment may be necessary under rules and regulations to be prescribed by the Commission. In passing on applications for certificates of convenience and necessity, the Commission shall give due consideration to the applicant’s ability to render and maintain adequate service at rates lower than those prevailing in the territory to be served, it being the intention of Congress that natural gas shall be sold in interstate commerce for resale for ultimate public consumption for domestic, commercial, industrial, or any other use at the lowest possible reasonable rate consistent with the maintenance of adequate service in the public interest.

2. 1942

   Public Law not identified

   1. Struck · 15 U.S.C. § 717f(c)(g)

      Subsecs. (c) to (g). Act Feb. 7, 1942, struck out subsec. (c)

   2. Added · 15 U.S.C. § 717f(c)(g)

      Subsecs. (c) to (g). Act Feb. 7, 1942, added new subsecs. (c) to (g)

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsecs. (c) to (g). Act Feb. 7, 1942, struck out subsec. (c), and added new subsecs. (c) to (g).

3. 1947

   Public Law not identified

   Added · 15 U.S.C. § 717f(h)

   Subsec. (h). Act July 25, 1947, added subsec. (h)

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (h). Act July 25, 1947, added subsec. (h).

4. 1978

   Public Utility Regulatory Policies Act of 1978

   Pub. L. 95–617 § 608(a) · 92 Stat. 3117

   1. Amended · 15 U.S.C. § 717f(c)

      Pub. L. 95–617, § 608(a), (b)(1), designated existing first paragraph as par. (1)(A) and existing second paragraph as par. (1)(B)

   2. Added · 15 U.S.C. § 717f(c)

      Pub. L. 95–617, § 608(a), (b)(1), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 95–617, § 608(a), (b)(1), designated existing first paragraph as par. (1)(A) and existing second paragraph as par. (1)(B) and added par. (2).

   Enacted provision · exact public law section
   (a) In General.— Section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)) is amended by adding at the end thereof the following: “(2) The Commission may issue a certificate of public convenience and necessity to a natural-gas company for the transportation in interstate commerce of natural gas used by any person for one or more high-priority uses, as defined, by rule, by the Commission, in the case of— “(A) natural gas sold by the producer to such person; and “(B) natural gas produced by such person.”.

5. 1978

   Public Utility Regulatory Policies Act of 1978

   Pub. L. 95–617 § 608(b)(2) · 92 Stat. 3117

   Substituted · 15 U.S.C. § 717f(e)

   Pub. L. 95–617, § 608(b)(2), substituted “subsection (c)(1)” for “subsection (c)”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 95–617, § 608(b)(2), substituted “subsection (c)(1)” for “subsection (c)”.

   Enacted provision · exact public law section
   (2) Subsection (e) of section 7 of the Natural Gas Act (15 U.S.C. 717f (d)) is amended by striking out “subsection (c)” and inserting in lieu thereof “subsection (c) (1)”.

6. 1988

   Uniform Regulatory Jurisdiction Act of 1988

   Pub. L. 100–474 § 2 · 102 Stat. 2302

   1. Amended · 15 U.S.C. § 717f(f)

      Pub. L. 100–474 designated existing provisions as par. (1)

   2. Added · 15 U.S.C. § 717f(f)

      Pub. L. 100–474 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 100–474 designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   SEC. 2. JURISDICTION OVER TRANSPORTATION OF NATURAL GAS. Section 7 of the Natural Gas Act (15 U.S.C. 717f) is amended— (a) by redesignating section “7(0” as section “7(0(1)”; (b) by striking the period at the end thereof and inserting and”; and (c) by adding a new section 7(0(2) to read as follows: “(2) If the Commission has determined a service area pursuant to this subsection, transportation to ultimate consumers in such service area by the holder of such service area determination, even if across State lines, shall be subject to the exclusive jurisdiction of the State commission in the State in which the gas is consumed. This section shall not apply to the transportation of natural gas to another natural gas company.”.

   Effective date note
   Pub. L. 100–474, § 3, Oct. 6, 1988, 102 Stat. 2302, provided that: “The provisions of this Act [amending this section and enacting provisions set out as a note under section 717w of this title] shall become effective one hundred and twenty days after the date of enactment [Oct. 6, 1988].”

6 of 9 references resolved to an enrolled provision · 3 unresolved