15 U.S.C. § 717a

Definitions

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When used in this chapter, unless the context otherwise requires—(1) “Person” includes an individual or a corporation.(2) “Corporation” includes any corporation, joint-stock company, partnership, association, business trust, organized group of persons, whether incorporated or not, receiver or receivers, trustee or trustees of any of the foregoing, but shall not include municipalities as hereinafter defined.(3) “Municipality” means a city, county, or other political subdivision or agency of a State.(4) “State” means a State admitted to the Union, the District of Columbia, and any organized Territory of the United States.(5) “Natural gas” means either natural gas unmixed, or any mixture of natural and artificial gas.(6) “Natural-gas company” means a person engaged in the transportation of natural gas in interstate commerce, or the sale in interstate commerce of such gas for resale.(7) “Interstate commerce” means commerce between any point in a State and any point outside thereof, or between points within the same State but through any place outside thereof, but only insofar as such commerce takes place within the United States.(8) “State commission” means the regulatory body of the State or municipality having jurisdiction to regulate rates and charges for the sale of natural gas to consumers within the State or municipality.(9) “Commission” and “Commissioner” means the Federal Power Commission, and a member thereof, respectively.(10) “Vehicular natural gas” means natural gas that is ultimately used as a fuel in a self-propelled vehicle.(11) “LNG terminal” includes all natural gas facilities located onshore or in State waters that are used to receive, unload, load, store, transport, gasify, liquefy, or process natural gas that is imported to the United States from a foreign country, exported to a foreign country from the United States, or transported in interstate commerce by waterborne vessel, but does not include—(A) waterborne vessels used to deliver natural gas to or from any such facility; or(B) any pipeline or storage facility subject to the jurisdiction of the Commission under section 717f of this title.(June 21, 1938, ch. 556, § 2, 52 Stat. 821; Pub. L. 102–486, title IV, § 404(a)(2), Oct. 24, 1992, 106 Stat. 2879; Pub. L. 109–58, title III, § 311(b), Aug. 8, 2005, 119 Stat. 685.)Editorial NotesAmendments

2005—Par. (11). Pub. L. 109–58 added par. (11).

1992—Par. (10). Pub. L. 102–486 added par. (10).

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 the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and 7293 of Title 42, The Public Health and Welfare.

Notes of Decisions

Cited in 144 cases (19 in the last 5 years), 1942–2025 · leading case: Palmer v. Atl. Coast Pipeline, LLC, 801 S.E.2d 414 (Va. 2017).

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Palmer v. Atl. Coast Pipeline, LLC, 801 S.E.2d 414 (Va. 2017). · cites it 14× “§ 717a, as amended, may make such examinations, tests, hand auger borings, appraisals, and surveys for its proposed line or location of its works as are necessary (i) to satisfy any regulatory requirements and (ii) for the selection of the most advantageous location or route, .”

Barr v. Atl. Coast Pipeline, LLC, 815 S.E.2d 783 (Va. 2018). · cites it 19× “It was organized for the purpose of “operating as a natural gas company as defined by 15 U.S.C. § 717a.” 1 As such, ACP is subject to the jurisdiction of the Federal Energy Regulatory Commission (“FERC”) under the Natural Gas Act, 15 U.”

Mohamad v. Palestinian Auth., 132 S. Ct. 1702 (2012). · cites it 2× “§92 (k) (“ ‘Person’ includes partnerships, associations, and corporations, as well as individuals”); §511 (same); 15 U. S. C. §717a (“ ‘Person’ includes an individual or a corporation”); 16 U.”

S. Lng, Inc. v. Macginnitie, 755 S.E.2d 683 (Ga. 2014). · cites it 4× “” 15 USC § 717a (6). An “LNG terminal” is defined separately.”

Learjet, Inc. v. Oneok, Inc., 715 F.3d 716 (9th Cir. 2013). “” 15 U.S.C. § 717a(6). 5 . The statutory definition of "first sales” is quite complex, see 15 U.”

E. & J. Gallo Winery v. Encana Corp., 503 F.3d 1027 (9th Cir. 2007). · cites it 2× “" 15 U.S.C. § 717a(6). [6] 15 U.S.C. § 717 (b) provides: 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…”

Permian Basin Area Rate Cases, 390 U.S. 747 (1968). · cites it 2× “15 U. S. C. § 717a (6); Phillips Petroleum Co.”

Transcontinental Gas Pipe Line Co., LLC v. Gail Brandon Cochran, 910 F.3d 1130 (11th Cir. 2018). “We therefore AFFIRM the decisions of the district court. 1 For purposes of the Natural Gas Act, a "natural-gas company" is "a person engaged in the transportation of natural gas in interstate commerce, or the sale in interstate commerce of such gas for resale.”

Shapiro v. United States, 335 U.S. 1 (1948). · cites it 2× “Natural Gas Act, 1938 [15 U.S.C. § 717a, g, m]. Railroad Unemployment Insurance Act, 1938 [ 45 U.”

California v. Southland Royalty Co., 436 U.S. 519 (1978). · cites it 2× “" 15 U. S. C. § 717a (6) (1976 ed.) (emphasis added).”

AES Sparrows Point LNG, LLC v. Smith, 527 F.3d 120 (4th Cir. 2008). · cites it 2× “15 U.S.C. § 717a(11). [2] The Clean Air Act ( 42 U.”

Schneidewind v. ANR Pipeline Co., 485 U.S. 293 (1988). “” §§ 2(6) and (1) of the NGA, 15 U. S. C. §§ 717a(6) and (1). Petitioners argued below that Storage was not a natural gas company within the meaning of the NGA, contending that the storage of gas constitutes neither the transportation nor the sale of gas in interstate commerce.”

Show all 144 citing cases →

— 15 U.S.C. § 717a(1) — 4 cases

Palmer v. Atl. Coast Pipeline, LLC, 801 S.E.2d 414 (Va. 2017). “§ 717a, as amended, may make such examinations, tests, hand auger borings, appraisals, and surveys for its proposed line or location of its works as are necessary (i) to satisfy any regulatory requirements and (ii) for the selection of the most advantageous location or route, .”

Mountain Valley Pipeline, LLC v. Wender, 337 F. Supp. 3d 656 (2018).

Matter of Tilco, Inc., 408 F. Supp. 389 (D. Kan. 1976).

Palmer v. Atl. Coast Pipeline (Va. 2017).

— 15 U.S.C. § 717a(11) — 7 cases

AES Sparrows Point LNG, LLC v. Smith, 527 F.3d 120 (4th Cir. 2008). “15 U.S.C. § 717a(11). [2] The Clean Air Act ( 42 U.”

City of Oberlin, Ohio v. FERC, 39 F.4th 719 (D.C. Cir. 2022).

Mountain Valley Pipeline, LLC v. Wender, 337 F. Supp. 3d 656 (2018).

New Fortress Energy Inc. v. FERC, 36 F.4th 1172 (D.C. Cir. 2022).

In the Matter of Permit (N.J. Super. Ct. App. Div. 2023).

— 15 U.S.C. § 717a(3) — 1 case

Maryland People's Couns. v. Fed. Energy Regulatory Comm'n, Laclede Gas Co. v. Fed. Energy Regulatory Comm'n, 760 F.2d 318 (D.C. Cir. 1985).

— 15 U.S.C. § 717a(5) — 4 cases

Pub. Serv. Comm'n of the State of New York v. Fed. Power Comm'n, Columbia Lng Corp., Intervenors, 543 F.2d 392 (D.C. Cir. 1976).

Consumers Power Co. v. Fed. Energy Admin., 413 F. Supp. 1007 (E.D. Mich. 1976).

Henry v. Fed. Power Comm'n, 513 F.2d 395 (D.C. Cir. 1975).

Transwestern Pipeline Co. v. Fed. Energy Regulatory Comm'n, 784 F.2d 609 (5th Cir. 1986).

— 15 U.S.C. § 717a(6) — 70 cases

Barr v. Atl. Coast Pipeline, LLC, 815 S.E.2d 783 (Va. 2018). “It was organized for the purpose of “operating as a natural gas company as defined by 15 U.S.C. § 717a.” 1 As such, ACP is subject to the jurisdiction of the Federal Energy Regulatory Commission (“FERC”) under the Natural Gas Act, 15 U.”

Learjet, Inc. v. Oneok, Inc., 715 F.3d 716 (9th Cir. 2013). “” 15 U.S.C. § 717a(6). 5 . The statutory definition of "first sales” is quite complex, see 15 U.”

E. & J. Gallo Winery v. Encana Corp., 503 F.3d 1027 (9th Cir. 2007). “" 15 U.S.C. § 717a(6). [6] 15 U.S.C. § 717 (b) provides: 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…”

— 15 U.S.C. § 717a(6)(1994) — 1 case

No Tanks Inc. v. Pub. Utils. Comm'n, 1997 ME 167 (Me. 1997).

— 15 U.S.C. § 717a(7) — 12 cases

Int'l Paper Co. v. Fed. Power Comm'n, 438 F.2d 1349 (2d Cir. 1971).

Distrigas Corp. v. Fed. Power Comm'n, Pac. Lighting Serv. Co., Intervenors, 495 F.2d 1057 (D.C. Cir. 1974).

Tenneco Expl., Ltd. v. Fed. Energy Regulatory Comm'n, 649 F.2d 376 (5th Cir. 1981).

Lone Star Gas Co. v. R.R. Comm'n of Texas, 798 S.W.2d 888 (Tex. App. 1990).

Lo-Vaca Gathering Co. v. R.R. Comm'n of Texas, 565 F.2d 144 (Temp. Emerg. Ct. App. 1977).

— 15 U.S.C. § 717a(8) — 1 case

Hunt v. Fed. Power Comm'n, 306 F.2d 334 (5th Cir. 1962).

— 15 U.S.C. § 717a(9) — 4 cases

Sabal Trail Transmission, LLC v. 2.468 Acres of Land in Levy Cnty. Florida, 59 F.4th 1158 (11th Cir. 2023).

Walker Operating Corp. v. Fed. Energy Regulatory Comm'n, 874 F.2d 1320 (10th Cir. 1989).

R.R. Comm'n v. Fed. Energy Regulatory Comm'n, 874 F.2d 1338 (10th Cir. 1989).

Texas Comm'n on Env't Quality & Texas LNG Brownsville, LLC v. Vecinos Para El Bienestar De La Comunidad Costera, & City of Port Isabel, Texas (Tex. App. 2023).

— 15 U.S.C. § 717a(l) — 3 cases

Intermountain Mun. Gas Agency v. Fed. Energy Regulatory Comm'n, 326 F.3d 1281 (D.C. Cir. 2003).

Pub. Serv. Co. of North Carolina, Inc. v. Fed. Energy Regulatory Comm'n, 587 F.2d 716 (5th Cir. 1979).

In re TILCO, Inc., 408 F. Supp. 389 (1976).

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