15 U.S.C. § 717

Regulation of natural gas companies

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(a) Necessity of regulation in public interest

As disclosed in reports of the Federal Trade Commission made pursuant to S. Res. 83 (Seventieth Congress, first session) and other reports made pursuant to the authority of Congress, it is declared that the business of transporting and selling natural gas for ultimate distribution to the public is affected with a public interest, and that Federal regulation in matters relating to the transportation of natural gas and the sale thereof in interstate and foreign commerce is necessary in the public interest.

(b) Transactions to which provisions of chapter applicable

The provisions of this chapter shall apply to the transportation of natural gas in interstate commerce, to the sale in interstate commerce of natural gas for resale for ultimate public consumption for domestic, commercial, industrial, or any other use, and to natural-gas companies engaged in such transportation or sale, and to the importation or exportation of natural gas in foreign commerce and to persons engaged in such importation or exportation, but shall not apply to any other transportation or sale of natural gas or to the local distribution of natural gas or to the facilities used for such distribution or to the production or gathering of natural gas.

(c) Intrastate transactions exempt from provisions of chapter; certification from State commission as conclusive evidence

The provisions of this chapter shall not apply to any person engaged in or legally authorized to engage in the transportation in interstate commerce or the sale in interstate commerce for resale, of natural gas received by such person from another person within or at the boundary of a State if all the natural gas so received is ultimately consumed within such State, or to any facilities used by such person for such transportation or sale, provided that the rates and service of such person and facilities be subject to regulation by a State commission. The matters exempted from the provisions of this chapter by this subsection are declared to be matters primarily of local concern and subject to regulation by the several States. A certification from such State commission to the Federal Power Commission that such State commission has regulatory jurisdiction over rates and service of such person and facilities and is exercising such jurisdiction shall constitute conclusive evidence of such regulatory power or jurisdiction.

(d) Vehicular natural gas jurisdictionThe provisions of this chapter shall not apply to any person solely by reason of, or with respect to, any sale or transportation of vehicular natural gas if such person is—(1) not otherwise a natural-gas company; or(2) subject primarily to regulation by a State commission, whether or not such State commission has, or is exercising, jurisdiction over the sale, sale for resale, or transportation of vehicular natural gas.(June 21, 1938, ch. 556, § 1, 52 Stat. 821; Mar. 27, 1954, ch. 115, 68 Stat. 36; Pub. L. 102–486, title IV, § 404(a)(1), Oct. 24, 1992, 106 Stat. 2879; Pub. L. 109–58, title III, § 311(a), Aug. 8, 2005, 119 Stat. 685.)Editorial NotesAmendments

2005—Subsec. (b). Pub. L. 109–58 inserted “and to the importation or exportation of natural gas in foreign commerce and to persons engaged in such importation or exportation,” after “such transportation or sale,”.

1992—Subsec. (d). Pub. L. 102–486 added subsec. (d).

1954—Subsec. (c). Act Mar. 27, 1954, added subsec. (c).

Statutory Notes and Related SubsidiariesTermination of Federal Power Commission; Transfer of Functions

The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare.

State Laws and Regulations

Pub. L. 102–486, title IV, § 404(b), Oct. 24, 1992, 106 Stat. 2879, provided that:

“The transportation or sale of natural gas by any person who is not otherwise a public utility, within the meaning of State law—“(1) in closed containers; or“(2) otherwise to any person for use by such person as a fuel in a self-propelled vehicle,shall not be considered to be a transportation or sale of natural gas within the meaning of any State law, regulation, or order in effect before January 1, 1989. This subsection shall not apply to any provision of any State law, regulation, or order to the extent that such provision has as its primary purpose the protection of public safety.”

Emergency Natural Gas Act of 1977

Pub. L. 95–2, Feb. 2, 1977, 91 Stat. 4, authorized President to declare a natural gas emergency and to require emergency deliveries and transportation of natural gas until the earlier of Apr. 30, 1977, or termination of emergency by President and provided for antitrust protection, emergency purchases, adjustment in charges for local distribution companies, relationship to Natural Gas Act, effect of certain contractual obligations, administrative procedure and judicial review, enforcement, reporting to Congress, delegation of authorities, and preemption of inconsistent State or local action.

Executive DocumentsExecutive Order No. 11969

Ex. Ord. No. 11969, Feb. 2, 1977, 42 F.R. 6791, as amended by Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, which delegated to the Secretary of Energy the authority vested in the President by the Emergency Natural Gas Act of 1977 except the authority to declare and terminate a natural gas emergency, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

Proclamation No. 4485

Proc. No. 4485, Feb. 2, 1977, 42 F.R. 6789, declared that a natural gas emergency existed within the meaning of section 3 of the Emergency Natural Gas Act of 1977, set out as a note above, which emergency was terminated by Proc. No. 4495, Apr. 1, 1977, 42 F.R. 18053, formerly set out below.

Proclamation No. 4495

Proc. No. 4495, Apr. 1, 1977, 42 F.R. 18053, terminated the natural gas emergency declared to exist by Proc. No. 4485, Feb. 2, 1977, 42 F.R. 6789, formerly set out above.

Notes of Decisions

Cited in 1,131 cases (102 in the last 5 years), 1939–2026 · leading case: E. & J. Gallo Winery v. Encana Corp., 503 F.3d 1027 (9th Cir. 2007).

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E. & J. Gallo Winery v. Encana Corp., 503 F.3d 1027 (9th Cir. 2007). · cites it 15× “821 (codified as amended at 15 U.S.C. §§ 717 -717w) ("NGA"), see Ark.”

Gen. Motors Corp. v. Tracy, 519 U.S. 278 (1997). · cites it 11× “821 , 15 U. S. C. § 717 et seq., failed to require interstate pipelines to offer transportation services to third parties wishing to ship gas.”

Tenn. Gas Pipeline Co. v. Permanent Easement for 7.053 Acres, 931 F.3d 237 (3rd Cir. 2019). · cites it 10× “The Natural Gas Act of 1938 (“NGA”), 15 U.S.C. §§ 717–717z, allows natural gas companies to acquire private property by eminent domain to construct, operate, and maintain natural gas pipelines.”

Permian Basin Area Rate Cases, 390 U.S. 747 (1968). · cites it 9× “" § 16, 15 U. S. C. § 717 o. The problems and public functions of the small producers differ sufficiently to permit their separate classification, and the exemptions created by the Commission for them are fully consistent with the terms and purposes of its statutory…”

Fed. Power Comm'n v. Hope Nat. Gas Co., 320 U.S. 591 (1944). · cites it 7× “821 , 15 U.S.C. § 717 ) of a rate order issued by the Federal Power Commission reducing the rates chargeable by Hope Natural Gas Co.”

N. Nat. Gas Co. v. ONEOK Field Servs. Co., 296 P.3d 1106 (Kan. 2013). · cites it 4× ““interfered” with storage gas within the Field rendered tire Order void as contraiy to and preempted by the Natural Gas Act, 15 U.S.C. § 717 et seq. (2006). On May 6, 2010, Northern docketed the appeal *915 in the Court of Appeals and moved to transfer the appeal to this court…”

Learjet, Inc. v. Oneok, Inc., 715 F.3d 716 (9th Cir. 2013). · cites it 3× “In July 2011, the district court entered summary judgment against Plaintiffs in most of the cases, 2 finding that their state law antitrust claims were preempted by the Natural Gas Act, 15 U.S.C. § 717 et seq. (“NGA”). Plaintiffs appeal the district court’s order granting…”

Transcontinental Gas Pipe Line Corp. v. State Oil & Gas Bd., 474 U.S. 409 (1986). · cites it 8× “821 , 15 U. S. C. § 717 et seq., or the NGPA; that the NGPA effectively overruled Northern Natural; and that the Gas Board's order did not run afoul of the Commerce Clause of the United States Constitution.”

Nw. Cent. Pipeline Corp. v. State Corp. Comm'n of Kan., 489 U.S. 493 (1989). · cites it 6× “821 , as amended, 15 U. S. C. § 717 et seq., an acute shortage of natural gas during the 1970’s prompted Congress to enact the Natural Gas Policy Act of 1978 (NGPA), 92 Stat.”

United Distrib. Companies v. Fed. Energy Regulatory Comm'n, Windward Energy & Mktg. Co., Intervenors, 88 F.3d 1105 (D.C. Cir. 1996). · cites it 7× “821 (1938) (codified as amended at 15 U.S.C. §§ 717 -717w (1994)), enacted in 1938, gave the Commission jurisdiction over sales for resale in interstate commerce and over the interstate transportation of gas, but left the regulation of local distribution to the states.”

Younger v. Jensen, 605 P.2d 813 (Cal. 1980). · cites it 8× “[3] The matter was heard by the trial court, which on April 19, 1977 denied enforcement in both proceedings on the sole ground that the Attorney General's investigation was preempted by federal regulation of interstate distribution of natural gas, particularly under laws…”

Fed. Power Comm'n v. Transcontinental Gas Pipe Line Corp., 365 U.S. 1 (1961). · cites it 10× “821 , as amended, 15 U. S. C. § 717 et seq. [1] The principal respondents [2] are Transcontinental Gas Pipe Line Corp.”

Show all 1,131 citing cases →

— 15 U.S.C. § 717(a) — 2 cases

Phillips Petroleum Co., a Delaware Corp. v. Fed. Power Comm'n, the State of New Mexico, Intervenors, 475 F.2d 842 (10th Cir. 1973).

Texas E. Transmission Corp. v. Bowie Lumber Co., 176 So. 2d 735 (La. Ct. App. 1965).

— 15 U.S.C. § 717(b) — 6 cases

Entergy Corp. v. Jenkins, 469 S.W.3d 330 (Tex. App. 2015).

Fed. Pr. Com'n v. Corp. Com'n of State of Okla., 362 F. Supp. 522 (W.D. Okla. 1973).

The Mun. Distributors Grp. v. Fed. Power Comm'n, Brooks Gas Co., Inc., & Cities Serv. Gas Co., Intervenors, 467 F.2d 741 (D.C. Cir. 1972).

Cont'l Cas. Co. v. Associated Pipe & Supply Co., 447 F.2d 1041 (5th Cir. 1971).

Fed. Power Comm'n v. Corp. Comm'n, 362 F. Supp. 522 (W.D. Okla. 1973).

— 15 U.S.C. § 717(c) — 3 cases

Gen. Motors Corp. v. Tracy, 519 U.S. 278 (1997). “821 , 15 U. S. C. § 717 et seq., failed to require interstate pipelines to offer transportation services to third parties wishing to ship gas.”

S. California Edison Co. v. Fed. Power Comm'n, Pub. Utils. Comm'n of the State of California v. Fed. Power Comm'n, 310 F.2d 784 (9th Cir. 1962).

Pub. Serv. Comm'n v. Fed. Power Comm'n, 437 F.2d 1234 (4th Cir. 1971).

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