15 U.S.C. § 717n

Process coordination; hearings; rules of procedure

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 15 CasesGoogle Scholar

(a) DefinitionIn this section, the term “Federal authorization”—(1) means any authorization required under Federal law with respect to an application for authorization under section 717b of this title or a certificate of public convenience and necessity under section 717f of this title; and(2) includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to an application for authorization under section 717b of this title or a certificate of public convenience and necessity under section 717f of this title.(b) Designation as lead agency(1) In general

The Commission shall act as the lead agency for the purposes of coordinating all applicable Federal authorizations and for the purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(2) Other agencies

Each Federal and State agency considering an aspect of an application for Federal authorization shall cooperate with the Commission and comply with the deadlines established by the Commission.

(c) Schedule(1) Commission authority to set scheduleThe Commission shall establish a schedule for all Federal authorizations. In establishing the schedule, the Commission shall—(A) ensure expeditious completion of all such proceedings; and(B) comply with applicable schedules established by Federal law.(2) Failure to meet schedule

If a Federal or State administrative agency does not complete a proceeding for an approval that is required for a Federal authorization in accordance with the schedule established by the Commission, the applicant may pursue remedies under section 717r(d) of this title.

(d) Consolidated recordThe Commission shall, with the cooperation of Federal and State administrative agencies and officials, maintain a complete consolidated record of all decisions made or actions taken by the Commission or by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to any Federal authorization. Such record shall be the record for—(1) appeals or reviews under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), provided that the record may be supplemented as expressly provided pursuant to section 319 of that Act [16 U.S.C. 1465]; or(2) judicial review under section 717r(d) of this title of decisions made or actions taken of Federal and State administrative agencies and officials, provided that, if the Court determines that the record does not contain sufficient information, the Court may remand the proceeding to the Commission for further development of the consolidated record.(e) Hearings; parties

Hearings under this chapter may be held before the Commission, any member or members thereof, or any representative of the Commission designated by it, and appropriate records thereof shall be kept. In any proceeding before it, the Commission in accordance with such rules and regulations as it may prescribe, may admit as a party any interested State, State commission, municipality or any representative of interested consumers or security holders, or any competitor of a party to such proceeding, or any other person whose participation in the proceeding may be in the public interest.

(f) Procedure

All hearings, investigations, and proceedings under this chapter shall be governed by rules of practice and procedure to be adopted by the Commission, and in the conduct thereof the technical rules of evidence need not be applied. No informality in any hearing, investigation, or proceeding or in the manner of taking testimony shall invalidate any order, decision, rule, or regulation issued under the authority of this chapter.

(June 21, 1938, ch. 556, § 15, 52 Stat. 829; Pub. L. 109–58, title III, § 313(a), Aug. 8, 2005, 119 Stat. 688.)Editorial NotesReferences in Text

The National Environmental Policy Act of 1969, referred to in subsec. (b)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

The Coastal Zone Management Act of 1972, referred to in subsec. (d)(1), is title III of Pub. L. 89–454, as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, which is classified generally to chapter 33 (§ 1451 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1451 of Title 16 and Tables.

Amendments

2005—Pub. L. 109–58 substituted “Process coordination; hearings; rules of procedure” for “Hearings; rules of procedure” in section catchline, added subsecs. (a) to (d), and redesignated former subsecs. (a) and (b) as (e) and (f), respectively.

Notes of Decisions

Cited in 53 cases (9 in the last 5 years), 1945–2025 · leading case: Sierra Club v. Fed. Energy Regulatory Comm'n, 827 F.3d 36 (D.C. Cir. 2016).

Sort: Relevance Newest Treatment

Sierra Club v. Fed. Energy Regulatory Comm'n, 827 F.3d 36 (D.C. Cir. 2016). · cites it 2× “” 15 U.S.C. § 717n(b)(l); see also 42 U.S.C.”

Total Gas & Power North Am., Inc. v. Fed. Energy Regulatory Comm'n, 859 F.3d 325 (5th Cir. 2017). · cites it 2× “§ 717t-1; see also NGA § 15, 15 U.S.C. § 717n. Even assuming that Total is correct in its argument that it is entitled to de novo review of the penalty assessment in district court, no penalty can be said to have been “assessed” until the conclusion of all FERC proceedings.”

Sierra Club v. U.S. Dep't of the Interior, 899 F.3d 260 (4th Cir. 2018). “" 15 U.S.C. § 717n. On October 13, 2017, FERC issued ACP a certificate of public convenience and necessity that authorized the construction and operation of the pipeline.”

AES Sparrows Point LNG, LLC v. Wilson, 589 F.3d 721 (4th Cir. 2009). · cites it 4× “15 U.S.C. § 717n(b)(1). The FERC docket serves as a central conduit and repository for information requests and responses and is the foundation for the consolidated record for petitions for review, such as this one, concerning water quality certifications under the Clean Water…”

Sierra Club v. State Water Control Bd., 898 F.3d 383 (4th Cir. 2018). · cites it 2× “FERC serves as the "lead agency," coordinating the needed governmental authorizations, see 15 U.S.C. § 717n(b), including the one central to this case, Virginia's state water-quality certification under the Clean Water Act ("CWA").”

Defenders of Wildlife v. U.S. Dept. of the Interior, 931 F.3d 339 (4th Cir. 2019). · cites it 2× “2018) (quoting 15 U.S.C. § 717n(a)(1), (2) ). As the lead agency, FERC is responsible for coordinating all applicable federal authorizations.”

Delaware Riverkeeper Network v. Sec'y Pennsylvania Dep't of Env't Prot., 833 F.3d 360 (3rd Cir. 2016). “See 15 U.S.C. § 717n(e); 18 C.F.R. § 156.10 .”

EarthReports, Inc. v. Fed. Energy Regulatory Comm'n, 828 F.3d 949 (D.C. Cir. 2016). “” 15 U.S.C. § 717n(b)(l); see also 42 U.S.C.”

Columbia Riverkeeper v. United States Coast Guard, 761 F.3d 1084 (9th Cir. 2014). · cites it 2× “at 689, codified at 15 U.S.C. § 717n(b)(l). It required FERC to promulgate regulations for NEPA compliance that require a pre-filing of LNG import terminal siting applications.”

Transcontinental Gas Pipe Line Co LLC v. Pennsylvania Env't Hearing Bd., 108 F.4th 144 (3rd Cir. 2024). · cites it 2× “Purported Un-Reviewability Based on § 717n PADEP’s theory of obstacle preemption rests on a different codified provision of the Natural Gas Act, 15 U.S.C. § 717n, which imposes an obligation on FERC to prepare an administrative record for “Federal authorization[s],” as that term…”

Delaware Riverkeeper Network v. Sec'y of the Pennsylvania Dep't of Env't Prot., 870 F.3d 171 (3rd Cir. 2017). “15 U.S.C. § 717n(b). As a condition of FERC approval, the applicant is required to obtain any other state or federal licenses required by law.”

Sierra Club, Inc. v. U.S. Forest Serv., 897 F.3d 582 (4th Cir. 2018). “See 15 U.S.C. § 717n(b)(1) ; see also EarthReports, Inc.”

Show all 53 citing cases →

— 15 U.S.C. § 717n(a) — 11 cases

Nat'l Coal Ass'n v. Fed. Power Comm'n, 191 F.2d 462 (D.C. Cir. 1951).

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).

Virginia Petroleum Jobbers Ass'n v. Fed. Power Comm'n, 259 F.2d 921 (D.C. Cir. 1958).

Inter-City Gas Corp. v. Boise Cascade Corp., 845 F.2d 184 (8th Cir. 1988).

Ne Hub Partners, L.P. v. CNG Transmission Corp., 239 F.3d 333 (3rd Cir. 2001).

— 15 U.S.C. § 717n(a)(1) — 3 cases

Defenders of Wildlife v. U.S. Dept. of the Interior, 931 F.3d 339 (4th Cir. 2019). “2018) (quoting 15 U.S.C. § 717n(a)(1), (2) ). As the lead agency, FERC is responsible for coordinating all applicable federal authorizations.”

N.Y.S. Dep't of Envtl. Conservation v. Fed. Energy Regulatory Comm'n, 884 F.3d 450 (2d Cir. 2018).

In re N.Y. State Dep't of Envtl. Conserv. v. FERC (2d Cir. 2018).

— 15 U.S.C. § 717n(b) — 7 cases

Sierra Club v. State Water Control Bd., 898 F.3d 383 (4th Cir. 2018). “FERC serves as the "lead agency," coordinating the needed governmental authorizations, see 15 U.S.C. § 717n(b), including the one central to this case, Virginia's state water-quality certification under the Clean Water Act ("CWA").”

Appalachian Voices v. State Water Control Bd., 912 F.3d 746 (4th Cir. 2019).

Dominion Transmission, Inc. v. Robert Summers, 723 F.3d 238 (D.C. Cir. 2013).

Tennessee Gas Pipeline Co. v. Delaware Riverkeeper Network, 921 F. Supp. 2d 381 (M.D. Penn. 2013).

— 15 U.S.C. § 717n(b)(1) — 10 cases

Sierra Club, Inc. v. U.S. Forest Serv., 897 F.3d 582 (4th Cir. 2018). “See 15 U.S.C. § 717n(b)(1) ; see also EarthReports, Inc.”

AES Sparrows Point LNG, LLC v. Wilson, 589 F.3d 721 (4th Cir. 2009). “15 U.S.C. § 717n(b)(1). The FERC docket serves as a central conduit and repository for information requests and responses and is the foundation for the consolidated record for petitions for review, such as this one, concerning water quality certifications under the Clean Water…”

Sierra Club v. United States Dep't of Energy, 867 F.3d 189 (D.C. Cir. 2017).

Wild Virginia v. United States Forest Serv., 24 F.4th 915 (4th Cir. 2022).

— 15 U.S.C. § 717n(b)(2) — 1 case

Millennium Pipeline Co. v. Basil Seggos, 860 F.3d 696 (D.C. Cir. 2017).

— 15 U.S.C. § 717n(b)(l) — 3 cases

Sierra Club v. Fed. Energy Regulatory Comm'n, 827 F.3d 36 (D.C. Cir. 2016). “” 15 U.S.C. § 717n(b)(l); see also 42 U.S.C.”

EarthReports, Inc. v. Fed. Energy Regulatory Comm'n, 828 F.3d 949 (D.C. Cir. 2016). “” 15 U.S.C. § 717n(b)(l); see also 42 U.S.C.”

Columbia Riverkeeper v. United States Coast Guard, 761 F.3d 1084 (9th Cir. 2014). “at 689, codified at 15 U.S.C. § 717n(b)(l). It required FERC to promulgate regulations for NEPA compliance that require a pre-filing of LNG import terminal siting applications.”

— 15 U.S.C. § 717n(c) — 1 case

New York State Dep't of Env't Conservation v. Fed. Energy Regul., 991 F.3d 439 (2d Cir. 2021).

— 15 U.S.C. § 717n(d) — 1 case

— 15 U.S.C. § 717n(d)(2) — 2 cases

Transcontinental Gas Pipe Line Co LLC v. Pennsylvania Env't Hearing Bd., 108 F.4th 144 (3rd Cir. 2024). “Purported Un-Reviewability Based on § 717n PADEP’s theory of obstacle preemption rests on a different codified provision of the Natural Gas Act, 15 U.S.C. § 717n, which imposes an obligation on FERC to prepare an administrative record for “Federal authorization[s],” as that term…”

Transcontinental Gas Pipe Line Co LLC v. Pennsylvania Env't Hearing Bd. (3rd Cir. 2024).

— 15 U.S.C. § 717n(e) — 4 cases

Delaware Riverkeeper Network v. Sec'y Pennsylvania Dep't of Env't Prot., 833 F.3d 360 (3rd Cir. 2016). “See 15 U.S.C. § 717n(e); 18 C.F.R. § 156.10 .”

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

Delaware Riverkeeper Network v. Sec'y Pennsylvania Departm (3rd Cir. 2017).

State of Maryland v. United States Dep't of Educ. (D.D.C. 2020).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.