15 U.S.C. § 717f

Construction, extension, or abandonment of facilities

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(a) Extension or improvement of facilities on order of court; notice and hearing

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 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 facilities or services; approval of Commission

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) Certificate of public convenience and necessity(1)(A) No natural-gas company or person which will be a natural-gas company upon completion of any proposed construction or extension shall engage in the transportation or sale of natural gas, subject to the jurisdiction of the Commission, or undertake the construction or extension of any facilities therefor, or acquire or operate any such facilities or extensions thereof, unless there is in force with respect to such natural-gas company a certificate of public convenience and necessity issued by the Commission authorizing such acts or operations: Provided, however, That if any such natural-gas company or predecessor in interest was bona fide engaged in transportation or sale of natural gas, subject to the jurisdiction of the Commission, on February 7, 1942, over the route or routes or within the area for which application is made and has so operated since that time, the Commission shall issue such certificate without requiring further proof that public convenience and necessity will be served by such operation, and without further proceedings, if application for such certificate is made to the Commission within ninety days after February 7, 1942. Pending the determination of any such application, the continuance of such operation shall be lawful.(B) In all other cases 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; and the application shall be decided in accordance with the procedure provided in subsection (e) of this section and such certificate shall be issued or denied accordingly: Provided, however, That the Commission may issue a temporary certificate in cases of emergency, to assure maintenance of adequate service or to serve particular customers, without notice or hearing, pending the determination of an application for a certificate, and may by regulation exempt from the requirements of this section temporary acts or operations for which the issuance of a certificate will not be required in the public interest.(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.(d) Application for certificate of public convenience and necessity

Application for certificates shall be made in writing to the Commission, be verified under oath, and shall be in such form, contain such information, and notice thereof shall be served upon such interested parties and in such manner as the Commission shall, by regulation, require.

(e) Granting of certificate of public convenience and necessity

Except in the cases governed by the provisos contained in subsection (c)(1) of this section, a certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operation, sale, service, construction, extension, or acquisition covered by the application, if it is found that the applicant is able and willing properly to do the acts and to perform the service proposed and to conform to the provisions of this chapter and the requirements, rules, and regulations of the Commission thereunder, and that the proposed service, sale, operation, construction, extension, or acquisition, to the extent authorized by the certificate, is or will be required by the present or future public convenience and necessity; otherwise such application shall be denied. The Commission shall have the power to attach to the issuance of the certificate and to the exercise of the rights granted thereunder such reasonable terms and conditions as the public convenience and necessity may require.

(f) Determination of service area; jurisdiction of transportation to ultimate consumers(1) The Commission, after a hearing had upon its own motion or upon application, may determine the service area to which each authorization under this section is to be limited. Within such service area as determined by the Commission a natural-gas company may enlarge or extend its facilities for the purpose of supplying increased market demands in such service area without further authorization; and(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.(g) Certificate of public convenience and necessity for service of area already being served

Nothing contained in this section shall be construed as a limitation upon the power of the Commission to grant certificates of public convenience and necessity for service of an area already being served by another natural-gas company.

(h) Right of eminent domain for construction of pipelines, etc.

When any holder of a certificate of public convenience and necessity cannot acquire by contract, or is unable to agree with the owner of property to the compensation to be paid for, the necessary right-of-way to construct, operate, and maintain a pipe line or pipe lines for the transportation of natural gas, and the necessary land or other property, in addition to right-of-way, for the location of compressor stations, pressure apparatus, or other stations or equipment necessary to the proper operation of such pipe line or pipe lines, it may acquire the same by the exercise of the right of eminent domain in the district court of the United States for the district in which such property may be located, or in the State courts. The practice and procedure in any action or proceeding for that purpose in the district court of the United States shall conform as nearly as may be with the practice and procedure in similar action or proceeding in the courts of the State where the property is situated: Provided, That the United States district courts shall only have jurisdiction of cases when the amount claimed by the owner of the property to be condemned exceeds $3,000.

(June 21, 1938, ch. 556, § 7, 52 Stat. 824; Feb. 7, 1942, ch. 49, 56 Stat. 83; July 25, 1947, ch. 333, 61 Stat. 459; Pub. L. 95–617, title VI, § 608, Nov. 9, 1978, 92 Stat. 3173; Pub. L. 100–474, § 2, Oct. 6, 1988, 102 Stat. 2302.)Editorial NotesAmendments

1988—Subsec. (f). Pub. L. 100–474 designated existing provisions as par. (1) and added par. (2).

1978—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).

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

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

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

Statutory Notes and Related SubsidiariesEffective Date of 1988 Amendment

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].”

Executive DocumentsTransfer of Functions

Enforcement functions of Secretary or other official in Department of Energy and Commission, Commissioners, or other official in Federal Energy Regulatory Commission related to compliance with certificates of public convenience and necessity issued under this section with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(d), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out under section 719e of this title. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of this title. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of this title.

Notes of Decisions

Cited in 814 cases (128 in the last 5 years), 1940–2026 · leading case: Sierra Club v. Fed. Energy Regulatory Comm'n, 867 F.3d 1357 (D.C. Cir. 2017).

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Sierra Club v. Fed. Energy Regulatory Comm'n, 867 F.3d 1357 (D.C. Cir. 2017). · cites it 8× “See 15 U.S.C. § 717f. Before any such pipeline can be built, FERC must grant the developer a “certificate of public convenience and necessity,” id.”

Transcontinental Gas Pipe Line Co., LLC v. Gail Brandon Cochran, 910 F.3d 1130 (11th Cir. 2018). · cites it 9× “The district court granted summary judgment in favor of Transcontinental on the issue of whether it had a right to condemn certain portions of Defendants' properties under Section 7(h) of the Natural Gas Act, 15 U.S.C. § 717f(h). The district court also issued a preliminary…”

Columbia Gas Transmission, LLC v. 1.01 Acres, More or Less, 768 F.3d 300 (3rd Cir. 2014). · cites it 14× “The District 19 The Landowners, in their brief, argued that Columbia seeks an “extension” of its pipeline requiring it to acquire a new certificate authorizing the project, pursuant to 15 U.S.C. § 717f(c)(1)(A). (Landowners’ Br.”

Tenn. Gas Pipeline Co. v. Permanent Easement for 7.053 Acres, 931 F.3d 237 (3rd Cir. 2019). · cites it 12× “We are now faced with the purely legal question of whether state law or federal law governs the substantive determination of just compensation in condemnation actions brought by private entities under the NGA.”

Mountain Valley Pipeline, LLC v. 6.56 Acres of Land, 915 F.3d 197 (4th Cir. 2019). · cites it 6× “On October 13, 2017, the Commission issued a "certificate of public convenience and necessity" (the "Certificate") under the Natural Gas Act, 15 U.S.C. § 717f(e). The Commission found that the proposed pipeline is in the public interest, would meet a market demand, and is…”

Gunpowder Riverkeeper v. Fed. Energy Regulatory Comm'n, 807 F.3d 267 (D.C. Cir. 2015). · cites it 11× “15 U.S.C. § 717f(c)(1)(A). With an exception not relevant here, the Commission grants a certificate only if the construction project “is or will be required by the present or future public convenience and necessity,” and conditions it upon “such reasonable terms and conditions…”

Richard Baatz v. Columbia Gas Transmission, 814 F.3d 785 (6th Cir. 2016). · cites it 4× “The Plaintiffs-Appellants, a group of almost 40 landowners in Medina, Ohio, (the “Medina Landowners”) sued Columbia Gas Transmission in the Northern District of Ohio for storing natural gas under their property without compensation in violation of the Natural Gas Act, 15 U.S.C.…”

East Tennessee Nat. Gas Co. v. Sage, 361 F.3d 808 (4th Cir. 2004). · cites it 5× “15 U.S.C. § 717f(d); 18 C.F.R. § 157.6 (b).”

GSS, LLC v. Centerpoint Energy Gas Transmission Co., 2014 Ark. 144 (Ark. 2014). · cites it 15× “CenterPoint filed a motion to dismiss GSS’s counterclaims, and GSS then filed a motion for summary judgment, asserting that CenterPoint’s petition to condemn should be dismissed because it had proceeded under a wholly or partially preempted state statutory scheme and also…”

Twp. of Bordentown v. Fed. Energy Regulatory Comm'n, 903 F.3d 234 (3rd Cir. 2018). · cites it 5× “The NGA, 15 U.S.C. § 717f (h), affords certificate holders the right to condemn such property, and contains no condition precedent other than that a certificate is issued and that the certificate holder is unable to "acquire [the right of way] by contract.”

N. Nat. Gas Co. v. ONEOK Field Servs. Co., 296 P.3d 1106 (Kan. 2013). · cites it 4× “Instead, Northern argues the NGA preempts the district court’s ruling because: (1) the district court impliedly held that Northern abandoned its storage gas, and FERC has exclusive jurisdiction over the abandonment of natural gas under 15 U.S.C. § 717f(b) (2006); and (2) the…”

Env't Def. Fund v. FERC, 2 F.4th 953 (D.C. Cir. 2021). · cites it 6× “EDWARDS, Senior Circuit Judge: In the action leading to this petition for review, the Federal Energy Regulatory Commission (the “Commission” or “FERC”) issued a certificate of public convenience and necessity (“Certificate”) under section 7(c) of the Natural Gas Act, 15 U.S.C. §…”

Show all 814 citing cases →

— 15 U.S.C. § 717f(a) — 24 cases

Younger v. Jensen, 605 P.2d 813 (Cal. 1980).

South Carolina Pub. Serv. Auth. v. Fed. Energy Regulatory Comm'n, 762 F.3d 41 (D.C. Cir. 2014).

Exxon Mobil Corp. v. Fed. Energy Regulatory Comm'n, 501 F.3d 204 (D.C. Cir. 2007).

Consol. Gas Co. of Florida, Inc. v. City Gas Co. of Florida, a Florida Corp., 912 F.2d 1262 (11th Cir. 1990).

Virginia Petroleum Jobbers Ass'n v. Fed. Power Comm'n, Blue Ridge Gas Co., Intervenor, 293 F.2d 527 (D.C. Cir. 1961).

— 15 U.S.C. § 717f(b) — 110 cases

N. Nat. Gas Co. v. ONEOK Field Servs. Co., 296 P.3d 1106 (Kan. 2013). “Instead, Northern argues the NGA preempts the district court’s ruling because: (1) the district court impliedly held that Northern abandoned its storage gas, and FERC has exclusive jurisdiction over the abandonment of natural gas under 15 U.S.C. § 717f(b) (2006); and (2) the…”

Mobil Oil Expl. & Producing Se., Inc. v. United Distrib. Cos., 498 U.S. 211 (1991).

United Distrib. Companies v. Fed. Energy Regulatory Comm'n, Windward Energy & Mktg. Co., Intervenors, 88 F.3d 1105 (D.C. Cir. 1996).

Nw. Cent. Pipeline Corp. v. State Corp. Comm'n of Kan., 489 U.S. 493 (1989).

Schneidewind v. ANR Pipeline Co., 485 U.S. 293 (1988).

— 15 U.S.C. § 717f(c) — 185 cases

Delaware Riverkeeper Network v. Sec'y Pennsylvania Dep't of Env't Prot., 833 F.3d 360 (3rd Cir. 2016).

Panhandle E. Pipe Line Co. v. Fed. Energy Regulatory Comm'n, (Three Cases), 613 F.2d 1120 (D.C. Cir. 1979).

Richard Baatz v. Columbia Gas Transmission, 814 F.3d 785 (6th Cir. 2016). “The Plaintiffs-Appellants, a group of almost 40 landowners in Medina, Ohio, (the “Medina Landowners”) sued Columbia Gas Transmission in the Northern District of Ohio for storing natural gas under their property without compensation in violation of the Natural Gas Act, 15 U.S.C.…”

Niskanen Ctr. v. FERC, 20 F.4th 787 (D.C. Cir. 2021).

Williston Basin Interstate Pipeline Co. v. an Exclusive Gas Storage Leasehold & Easement in the Cloverly Subterranean Geological Formation, 524 F.3d 1090 (9th Cir. 2008).

— 15 U.S.C. § 717f(c)(1) — 2 cases

Barr v. Atl. Coast Pipeline, LLC, 815 S.E.2d 783 (Va. 2018).

Danny Hatfield, Martha Browning, Sheila Miller, Chris Cohenour, Tina Cohenour, Jared Calloway, Stewart Johnson, Joshua V (S.D.W. Va 2026).

— 15 U.S.C. § 717f(c)(1)(A) — 78 cases

Columbia Gas Transmission, LLC v. 1.01 Acres, More or Less, 768 F.3d 300 (3rd Cir. 2014). “The District 19 The Landowners, in their brief, argued that Columbia seeks an “extension” of its pipeline requiring it to acquire a new certificate authorizing the project, pursuant to 15 U.S.C. § 717f(c)(1)(A). (Landowners’ Br.”

City of Clarksville v. Fed. Energy Regulatory Comm'n, 888 F.3d 477 (D.C. Cir. 2018).

Nat'l Ass'n of Home Builders v. Defenders of Wildlife, 551 U.S. 644 (2007).

Env't Def. Fund v. FERC, 2 F.4th 953 (D.C. Cir. 2021). “EDWARDS, Senior Circuit Judge: In the action leading to this petition for review, the Federal Energy Regulatory Commission (the “Commission” or “FERC”) issued a certificate of public convenience and necessity (“Certificate”) under section 7(c) of the Natural Gas Act, 15 U.S.C. §…”

Sierra Club v. United States Army Corps of Engineers, 803 F.3d 31 (D.C. Cir. 2015).

— 15 U.S.C. § 717f(c)(1)(B) — 3 cases

Allegheny Def. Proj. v. Fed. Energy Regulatory Comm'n, 932 F.3d 940 (D.C. Cir. 2019).

Sierra Club v. FERC, 97 F.4th 16 (D.C. Cir. 2024).

Cascade Nat. Gas Corp. v. Fed. Energy Regulatory Comm'n, 955 F.2d 1412 (10th Cir. 1992).

— 15 U.S.C. § 717f(c)(2) — 5 cases

Tenneco, Inc. Ex Rel. Tennessee Gas Pipeline Co. v. Sutton, 530 F. Supp. 411 (M.D. La. 1981).

Process Gas Consumers Grp. v. U. S. Dep't of Agric., 694 F.2d 728 (D.C. Cir. 1981).

Cerro Wire & Cable Co. v. Fed. Energy Regulatory Comm'n, 677 F.2d 124 (D.C. Cir. 1982).

Maryland People's Couns. v. Fed. Energy Regulatory Comm'n, 761 F.2d 780 (D.C. Cir. 1985).

Sierra Club v. FERC (D.C. Cir. 2025).

— 15 U.S.C. § 717f(c)(l)(A) — 29 cases

Williston Basin Interstate Pipeline Co. v. an Exclusive Gas Storage Leasehold & Easement in the Cloverly Subterranean Geological Formation, 524 F.3d 1090 (9th Cir. 2008).

Nat'l Ass'n of Home Builders v. Defenders of Wildlife, 551 U.S. 644 (2007).

Gunpowder Riverkeeper v. Fed. Energy Regulatory Comm'n, 807 F.3d 267 (D.C. Cir. 2015). “15 U.S.C. § 717f(c)(1)(A). With an exception not relevant here, the Commission grants a certificate only if the construction project “is or will be required by the present or future public convenience and necessity,” and conditions it upon “such reasonable terms and conditions…”

EarthReports, Inc. v. Fed. Energy Regulatory Comm'n, 828 F.3d 949 (D.C. Cir. 2016).

— 15 U.S.C. § 717f(c)(l)(B) — 2 cases

Metzenbaum v. Fed. Energy Regulatory Comm'n, 675 F.2d 1282 (D.C. Cir. 1982).

Peoples Gas Light & Co. v. Fed. Energy Regulatory Comm'n, 742 F.2d 1109 (7th Cir. 1984).

— 15 U.S.C. § 717f(d) — 8 cases

East Tennessee Nat. Gas Co. v. Sage, 361 F.3d 808 (4th Cir. 2004). “15 U.S.C. § 717f(d); 18 C.F.R. § 157.6 (b).”

Tennessee Gas Pipeline v. 104 Acres in Prov. Cty., 749 F. Supp. 427 (D.R.I. 1990).

Gas Transmission Nw., LLC v. 15.83 Acres of Permanent Easement More or Less, Located in Morrow Cnty., 126 F. Supp. 3d 1192 (D. Or. 2015).

Moreau v. Fed. Energy Regulatory Comm'n, 982 F.2d 556 (D.C. Cir. 1993).

Bohon v. Fed. Energy Regulatory Comm'n (D.D.C. 2020).

— 15 U.S.C. § 717f(e) — 145 cases

Sierra Club v. Fed. Energy Regulatory Comm'n, 867 F.3d 1357 (D.C. Cir. 2017). “See 15 U.S.C. § 717f. Before any such pipeline can be built, FERC must grant the developer a “certificate of public convenience and necessity,” id.”

PennEast Pipeline Co. v. New Jersey, 594 U.S. 482 (2021).

— 15 U.S.C. § 717f(e)(1)(A) — 1 case

Alabama Mun. Distributors Grp. v. Fed. Energy Regulatory Comm'n, 312 F.3d 470 (D.C. Cir. 2002).

— 15 U.S.C. § 717f(e)(l)(A) — 4 cases

Delaware Riverkeeper Network v. Fed. Energy Regulatory Comm'n, 857 F.3d 388 (D.C. Cir. 2017).

B&J Oil & Gas v. Fed. Energy Regulatory Comm'n, 353 F.3d 71 (D.C. Cir. 2004).

Texaco Inc. v. Fed. Energy Regulatory Comm'n, 148 F.3d 1091 (D.C. Cir. 1998).

Nat'l Fuel Gas Supply Corp. v. Town of Wales, 904 F. Supp. 2d 324 (W.D.N.Y. 2012).

— 15 U.S.C. § 717f(e)(l)(B) — 1 case

Midwestern Gas Transmission Co. v. William D. McCarty, 270 F.3d 536 (7th Cir. 2001).

— 15 U.S.C. § 717f(f) — 4 cases

Billy J. McCombs v. Fed. Power Comm'n, United Gas Pipe Line Co., Intervenor, 542 F.2d 1144 (10th Cir. 1976).

Transwestern Pipeline Co. v. Kerr-McGee Corp., 492 F.2d 878 (10th Cir. 1974).

Atl. Seaboard Corp. v. Fed. Power Comm'n, 397 F.2d 753 (4th Cir. 1968).

Yellowstone to Uintas Connection v. Bolling (D. Idaho 2021).

— 15 U.S.C. § 717f(f)(1) — 2 cases

City of Clarksville v. Fed. Energy Regulatory Comm'n, 888 F.3d 477 (D.C. Cir. 2018).

City of Clarksville, Tennessee v. FERC (D.C. Cir. 2018).

— 15 U.S.C. § 717f(f)(2) — 2 cases

Washington Gas Light Co. v. Prince George's Cnty. Council, 711 F.3d 412 (4th Cir. 2013).

Yellowstone to Uintas Connection v. Bolling (D. Idaho 2021).

— 15 U.S.C. § 717f(f)(l) — 1 case

Washington Gas Light Co. v. Prince George's Cnty. Council, 711 F.3d 412 (4th Cir. 2013).

— 15 U.S.C. § 717f(g) — 3 cases

Midcoast Interstate Transmission, Inc. v. Fed. Energy Regulatory Comm'n, 198 F.3d 960 (D.C. Cir. 2000).

N. Nat. Gas Co. v. Fed. Power Comm'n, 399 F.2d 953 (D.C. Cir. 1968).

Atl. Seaboard Corp. v. Fed. Power Comm'n, 397 F.2d 753 (4th Cir. 1968).

— 15 U.S.C. § 717f(h) — 288 cases

Transcontinental Gas Pipe Line Co., LLC v. Gail Brandon Cochran, 910 F.3d 1130 (11th Cir. 2018). “The district court granted summary judgment in favor of Transcontinental on the issue of whether it had a right to condemn certain portions of Defendants' properties under Section 7(h) of the Natural Gas Act, 15 U.S.C. § 717f(h). The district court also issued a preliminary…”

Tenn. Gas Pipeline Co. v. Permanent Easement for 7.053 Acres, 931 F.3d 237 (3rd Cir. 2019). “We are now faced with the purely legal question of whether state law or federal law governs the substantive determination of just compensation in condemnation actions brought by private entities under the NGA.”

Mountain Valley Pipeline, LLC v. 6.56 Acres of Land, 915 F.3d 197 (4th Cir. 2019). “On October 13, 2017, the Commission issued a "certificate of public convenience and necessity" (the "Certificate") under the Natural Gas Act, 15 U.S.C. § 717f(e). The Commission found that the proposed pipeline is in the public interest, would meet a market demand, and is…”

GSS, LLC v. Centerpoint Energy Gas Transmission Co., 2014 Ark. 144 (Ark. 2014). “CenterPoint filed a motion to dismiss GSS’s counterclaims, and GSS then filed a motion for summary judgment, asserting that CenterPoint’s petition to condemn should be dismissed because it had proceeded under a wholly or partially preempted state statutory scheme and also…”

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