15 U.S.C. § 717m

Investigations by Commission

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(a) Power of Commission

The Commission may investigate any facts, conditions, practices, or matters which it may find necessary or proper in order to determine whether any person has violated or is about to violate any provisions of this chapter or any rule, regulation, or order thereunder, or to aid in the enforcement of the provisions of this chapter or in prescribing rules or regulations thereunder, or in obtaining information to serve as a basis for recommending further legislation to the Congress. The Commission may permit any person to file with it a statement in writing, under oath or otherwise, as it shall determine, as to any or all facts and circumstances concerning a matter which may be the subject of investigation. The Commission, in its discretion, may publish in the manner authorized by section 825k of title 16, and make available to State commissions and municipalities, information concerning any such matter.

(b) Determination of adequacy of gas reserves

The Commission may, after hearing, determine the adequacy or inadequacy of the gas reserves held or controlled by any natural-gas company, or by anyone on its behalf, including its owned or leased properties or royalty contracts; and may also, after hearing, determine the propriety and reasonableness of the inclusion in operating expenses, capital, or surplus of all delay rentals or other forms of rental or compensation for unoperated lands and leases. For the purpose of such determinations, the Commission may require any natural-gas company to file with the Commission true copies of all its lease and royalty agreements with respect to such gas reserves.

For the purpose of any investigation or any other proceeding under this chapter, any member of the Commission, or any officer designated by it, is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, contracts, agreements, or other records which the Commission finds relevant or material to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States or at any designated place of hearing. Witnesses summoned by the Commission to appear before it shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.

(d) Jurisdiction of courts of United States

In case of contumacy by, or refusal to obey a subpena issued to, any person, the Commission may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, contracts, agreements, and other records. Such court may issue an order requiring such person to appear before the Commission or member or officer designated by the Commission, there to produce records, if so ordered, or to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district whereof such person is an inhabitant or wherever he may be found or may be doing business. Any person who willfully shall fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, contracts, agreements, or other records, if in his or its power so to do, in obedience to the subpena of the Commission, shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than $1,000 or to imprisonment for a term of not more than one year, or both.

(e) Testimony of witnesses

The testimony of any witness may be taken at the instance of a party, in any proceeding or investigation pending before the Commission, by deposition at any time after the proceeding is at issue. The Commission may also order testimony to be taken by deposition in any proceeding or investigation pending before it at any stage of such proceeding or investigation. Such depositions may be taken before any person authorized to administer oaths not being of counsel or attorney to either of the parties, nor interested in the proceeding or investigation. Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce documentary evidence, in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission, as hereinbefore provided. Such testimony shall be reduced to writing by the person taking deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent.

(f) Deposition of witnesses in a foreign country

If a witness whose testimony may be desired to be taken by deposition be in a foreign country, the deposition may be taken before an officer or person designated by the Commission, or agreed upon by the parties by stipulation in writing to be filed with the Commission. All depositions must be promptly filed with the Commission.

(g) Witness fees

Witnesses whose depositions are taken as authorized in this chapter, and the person or officer taking the same, shall be entitled to the same fees as are paid for like services in the courts of the United States.

(June 21, 1938, ch. 556, § 14, 52 Stat. 828; Pub. L. 91–452, title II, § 218, Oct. 15, 1970, 84 Stat. 929.)Editorial NotesAmendments

1970—Subsec. (h). Pub. L. 91–452 struck out subsec. (h) which related to the immunity from prosecution of any individual compelled to testify or produce evidence, documentary or otherwise, after claiming his privilege against self-incrimination.

Statutory Notes and Related SubsidiariesEffective Date of 1970 Amendment

Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure.

Study and Report on Natural Gas Pipeline and Storage Facilities in New England

Pub. L. 107–355, § 26, Dec. 17, 2002, 116 Stat. 3012, required the Federal Energy Regulatory Commission, in consultation with the Department of Energy, to conduct a study on the natural gas pipeline transmission network in New England and natural gas storage facilities associated with that network, and submit a report on the results to Congress by not later than 1 year after Dec. 17, 2002.

Notes of Decisions

Cited in 24 cases (1 in the last 5 years), 1941–2022 · leading case: Total Gas & Power North Am., Inc. v. Fed. Energy Regulatory Comm'n, 859 F.3d 325 (5th Cir. 2017).

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Total Gas & Power North Am., Inc. v. Fed. Energy Regulatory Comm'n, 859 F.3d 325 (5th Cir. 2017). · cites it 2× “” 15 U.S.C. § 717m. In addition, it authorized FERC to conduct hearings and to establish the procedural rules governing those hearings.”

Gelbard v. United States, 408 U.S. 41 (1972). · cites it 2× “§ 825f (c), Electric Utility Companies Act; 15 U. S. C. § 717m (d), Natural Gas Act; 7 U.”

Matanuska Maid, Inc. v. State, 620 P.2d 182 (Alaska 1980). · cites it 2× “§ 79r), the Natural Gas Act (15 U.S.C. § 717m), and the Federal Power Act (16 U.”

The Superior Oil Co. v. Fed. Energy Regulatory Comm'n, Mitchell Energy Corp. v. Fed. Energy Regulatory Comm'n, 563 F.2d 191 (5th Cir. 1977). · cites it 2× “15 U.S.C.A. § 717m(a) (1976) (emphasis added).”

Union Oil Co. of California v. Fed. Power Comm'n, 542 F.2d 1036 (9th Cir. 1976). · cites it 2× “If the Commission does not have the needed data, section 14 of the Act, 15 U.S.C. § 717m, gives it ample tools with which to obtain them.”

United Gas Pipe Line Co. v. Mobile Gas Serv. Corp., 350 U.S. 332 (1956). “4 See § 14 (a) of the Act, providing in part: “The Commission may permit any person to file with it a statement in writing .”

Cent. States Elec. Co. v. City of Muscatine, 324 U.S. 138 (1945). · cites it 2× “…27 . [5] See, e.g., § 2 (8), 15 U.S.C. § 717 (a) (8); § 5 (a), 15 U.S.C. § 717d (a); § 13, 15 U.S.C. § 717 l ; § 14a, 15 U.S.C. § 717m (a); § 15a, 15 U.S.C. § 717n (a); § 17 (a), 15 U.S.C. § 717 (p). [6] H.R. No. 709, 75th Cong., 1st Sess., pp. 1-3. [7] Public Utilities Comm'n…”

Consol. Gas Transmission Corp. v. Fed. Energy Regulatory Comm'n, 771 F.2d 1536 (D.C. Cir. 1985). “, and the latter section authorizes investigations as to violations of any section of the Act, 15 U.S.C. § 717m (1982). Finally, FERC’s opinions emphasized the nature of the tariff as a condition attached to a certificate of public convenience and necessity.”

In Re W. States Wholesale Nat. Gas, 633 F. Supp. 2d 1151 (D. Nev. 2007). · cites it 2× “15 U.S.C. § 717m(a), § 717 o ; Cal. ex rel.”

In Re June 20, 1977 Concurrent Grand Jury Investigation, J. Ray McDermott & Co., Inc., 622 F.2d 166 (5th Cir. 1980). “Although the FERC has the statutory authority to compel the testimony of witnesses, and to subpoena documents which are “relevant or material” to its investigations, 15 U.S.C. § 717m, it seeks this order to preserve existing documents which may be lost or destroyed and to…”

Portland Nat. Gas Transmission Sys. v. 4.83 Acres of Land, 26 F. Supp. 2d 332 (D.N.H. 1998). “” Section 717m authorizes FERC to investigate violations of provisions of FERC’s orders, see 15 U.S.C. § 717m(a), and FERC regulations specify procedures for such investigations, see 18 C.”

Cont'l Oil Co., the Superior Oil Co., Mitchell Energy Corp., & Mapco Inc. v. Fed. Power Comm'n, 519 F.2d 31 (5th Cir. 1975). “15 U.S.C. § 717m(a) provides in pertinent part that, “[t]he Commission may investigate any facts, conditions, practices, or matters which it may find necessary or proper in order to determine whether any person has violated or is about to violate any provision of this chapter or…”

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— 15 U.S.C. § 717m(a) — 11 cases

The Superior Oil Co. v. Fed. Energy Regulatory Comm'n, Mitchell Energy Corp. v. Fed. Energy Regulatory Comm'n, 563 F.2d 191 (5th Cir. 1977). “15 U.S.C.A. § 717m(a) (1976) (emphasis added).”

Union Oil Co. of California v. Fed. Power Comm'n, 542 F.2d 1036 (9th Cir. 1976). “If the Commission does not have the needed data, section 14 of the Act, 15 U.S.C. § 717m, gives it ample tools with which to obtain them.”

In Re W. States Wholesale Nat. Gas, 633 F. Supp. 2d 1151 (D. Nev. 2007). “15 U.S.C. § 717m(a), § 717 o ; Cal. ex rel.”

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