15 U.S.C. § 3411

General rulemaking authority

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(a) In general

Except where expressly provided otherwise, the Commission shall administer this chapter. The Commission, or any other Federal officer or agency in which any function under this chapter is vested or delegated, is authorized to perform any and all acts (including any appropriate enforcement activity), and to prescribe, issue, amend, and rescind such rules and orders as it may find necessary or appropriate to carry out its functions under this chapter.

(b) Authority to define terms

Except where otherwise expressly provided, the Commission is authorized to define, by rule, accounting, technical, and trade terms used in this chapter. Any such definition shall be consistent with the definitions set forth in this chapter.

(Pub. L. 95–621, title V, § 501, Nov. 9, 1978, 92 Stat. 3396; Pub. L. 101–60, § 3(b)(4), July 26, 1989, 103 Stat. 159.)Editorial NotesAmendments

1989—Subsec. (c). Pub. L. 101–60 struck out subsec. (c) which authorized Commission to delegate to any State agency (with consent of such agency) any of its functions with respect to sections 3315, 3316(b), and 3319(a)(1) and (3) of this title.

Statutory Notes and Related SubsidiariesEffective Date of 1989 Amendment

Amendment by 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.

Notes of Decisions

Cited in 16 cases, 1981–2002 · leading case: Wagner & Brown v. Anr Pipeline Co., 837 F.2d 199 (5th Cir. 1988).

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Wagner & Brown v. Anr Pipeline Co., 837 F.2d 199 (5th Cir. 1988). “” 15 U.S.C. § 3411 (a) (1982). These activities have given FERC insight into why specific grades of gas should bear certain ceiling prices and how these ceilings contribute to the overall policy of natural gas price regulation.”

Fed. Energy Regulatory Comm'n v. Martin Expl. Mgmt. Co., 486 U.S. 204 (1988). “And under §501, 15 U. S. C. §3411 , FERC has general authority to define terms under the Act and to prescribe “such rules and orders as it may find necessary or appropriate to carry out its functions.”

In Re Texaco Inc., 84 B.R. 911 (S.D.N.Y. 1988). “Pursuant to 15 U.S.C. § 3411 , the Federal Energy Regulatory Commission (“FERC”) is authorized to administer, enforce and review the provisions of the NGPA.”

Mid-Louisiana Gas Co. v. Fed. Energy Regulatory Comm'n, Consol. Gas Supply Corp. v. Fed. Energy Regulatory Comm'n, 664 F.2d 530 (5th Cir. 1981). “15 U.S.C. § 3411 (b) authorizes the Commission “to define, by rule, accounting, technical, and trade terms used in this chapter.”

Tenneco, Inc. Ex Rel. Tennessee Gas Pipeline Co. v. Sutton, 530 F. Supp. 411 (M.D. La. 1981). · cites it 2× “NGPA §§ 501(a), 504, 15 U.S.C. §§ 3411 (a), 3414. (Pre-trial Order, ¶ 6(3)).”

Hadson Gas Sys., Inc. v. Fed. Energy Regulatory Comm'n, Enron Capital & Trade Resources Corp., Intervenor, 75 F.3d 680 (D.C. Cir. 1996). · cites it 3× “203(e), the Commission made clear that it was acting solely under § 2(21)(A)(v), not under the NGPA’s generic grant of power “to define” terms used in the NGPA, § 501(b), 15 U.S.C. § 3411 (b). See Final Rule Governing the Maximum Lawful Price for Pipeline, Distributor or…”

Williston Basin Interstate Pipeline Co. v. Fed. Energy Regulatory Comm'n, Arco Oil & Gas Co., Intervenor, 816 F.2d 777 (D.C. Cir. 1987). “15 U.S.C. § 3411 . 31 . See 18 C.F.R. § 271.”

Enserch Expl., Inc., as Managing Gen. Partner of Ep Operating Co. v. Fed. Energy Regulatory Comm'n, 887 F.2d 81 (5th Cir. 1989). “15 U.S.C. § 3411 . Pursuant to this grant of rulemaking authority, the Commission deemed a local regulatory authority's designation of a tight field as a "recommendation.”

Mustang Energy Corp., Formerly Known as Mustang Fuel v. Fed. Energy Regulatory Comm'n, El Paso Nat. Gas Co., Intervenor, 859 F.2d 1447 (10th Cir. 1988). “” 15 U.S.C. § 3411 (a). Similar authority in the Natural Gas Act has been interpreted as giving the Commission broad power to fashion equitable remedies, including refunds.”

Nat'l Fuel Gas Supply Corp. v. Fed. Energy Regulatory Comm'n, 811 F.2d 1563 (D.C. Cir. 1987). “15 U.S.C. § 3411 (a) (1982). But this is not so.”

Post v. Perry Gas Transmission, Inc., 616 F. Supp. 1 (N.D. Tex. 1983). “NGPA § 501, 15 U.S.C. § 3411 (a) (1983). Consequently, the FERC has both the expertise in the area of natural gas regulation and the experience in interpreting the NGPA to justify referring this case to it.”

Petrolite Corp. v. Fed. Energy Regulatory Comm'n, 667 F.2d 664 (8th Cir. 1981). · cites it 2× “Also in Section 501 of the Act, 15 U.S.C. § 3411 (b), Congress gave the Commission power to define by rule technical terms used in the chapter on incremental pricing so long as the rules are consistent with the definitions in the Act.”

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