U.S. Code » Title 15 » Chapter CHAPTER 15B— NATURAL GAS

15 U.S.C. § 717s

Enforcement of chapter

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(a) Action in district court for injunction

Whenever it shall appear to the Commission that any person is engaged or about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this chapter, or of any rule, regulation, or order thereunder, it may in its discretion bring an action in the proper district court of the United States, or the United States courts of any Territory or other place subject to the jurisdiction of the United States, to enjoin such acts or practices and to enforce compliance with this chapter or any rule, regulation, or order thereunder, and upon a proper showing a permanent or temporary injunction or decree or restraining order shall be granted without bond. The Commission may transmit such evidence as may be available concerning such acts or practices or concerning apparent violations of the Federal antitrust laws to the Attorney General, who, in his discretion, may institute the necessary criminal proceedings.

(b) Mandamus

Upon application of the Commission the district courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction to issue writs of mandamus commanding any person to comply with the provisions of this chapter or any rule, regulation, or order of the Commission thereunder.

(c) Employment of attorneys by Commission

The Commission may employ such attorneys as it finds necessary for proper legal aid and service of the Commission or its members in the conduct of their work, or for proper representation of the public interest in investigations made by it, or cases or proceedings pending before it, whether at the Commission’s own instance or upon complaint, or to appear for or represent the Commission in any case in court; and the expenses of such employment shall be paid out of the appropriation for the Commission.

(d) Violation of market manipulation provisionsIn any proceedings under subsection (a), the court may prohibit, conditionally or unconditionally, and permanently or for such period of time as the court determines, any individual who is engaged or has engaged in practices constituting a violation of section 717c–1 of this title (including related rules and regulations) from—(1) acting as an officer or director of a natural gas company; or(2) engaging in the business of—(A) the purchasing or selling of natural gas; or(B) the purchasing or selling of transmission services subject to the jurisdiction of the Commission.(June 21, 1938, ch. 556, § 20, 52 Stat. 832; June 25, 1948, ch. 646, § 1, 62 Stat. 875, 895; Pub. L. 109–58, title III, § 318, Aug. 8, 2005, 119 Stat. 693.)Editorial NotesCodification

The words “the District Court of the United States for the District of Columbia” in subsec. (a) following “district court of the United States” and in subsec. (b) following “district courts of the United States” omitted as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that “There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district”, and section 88 of title 28 which states that “The District of Columbia constitutes one judicial district”.

Amendments

2005—Subsec. (d). Pub. L. 109–58 added subsec. (d).

Notes of Decisions
Cited in 30 cases (2 in the last 5 years), 1949–2025 · leading case: Younger v. Jensen, 605 P.2d 813 (Cal. 1980).
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Younger v. Jensen, 605 P.2d 813 (Cal. 1980). · cites it 2× “15 U.S.C. § 717s(a): "The [FPC] may transmit such evidence as may be available .”
Green v. United States, 356 U.S. 165 (1958). · cites it 2× “832 , 15 U. S. C. § 717s; Fair Labor Standards Act, 52 Stat.”
Naacp v. Fpc, 425 U.S. 662 (1976). “See 15 U. S. C. § 717s (a); 16 U. S. C. §§ 803 (a), (h); Gulf States Utilities Co.”
Columbia Gas Transmission, LLC v. Kanwal Singh, 707 F.3d 583 (6th Cir. 2013). “15 U.S.C. § 717s(a) (emphasis added). If Congress had intended for private actors such as Columbia to have broad enforcement powers under the Natural Gas Act, Congress could have easily given private actors such powers.”
Harmon v. Phillips Petroleum Co., 555 F. Supp. 447 (D. Mont. 1982). “Enforcement of the Natural Gas Act rests with the Federal Energy Regulatory Commission and does not grant a private cause of action, 15 U.S.C. § 717s. Furthermore, compliance with the Act is not a condition precedent to application of state condemnation statutes.”
United States of Am., in No. 82-1605 v. Fmc Corp., in No. 82-1640, 717 F.2d 775 (3rd Cir. 1983). “§ 53 (1976) (authorizing Federal Trade Commission to sue to enjoin violations of any law enforced by the Commission); 15 U.”
Tennessee Gas Pipeline Co. v. Fed. Energy Regulatory Comm'n, 606 F.2d 1094 (D.C. Cir. 1979). · cites it 2× “Pipeline expenditures for the purchase of gas beyond just and reasonable prices may be denied reimbursement (i.”
Portland Nat. Gas Transmission Sys. v. 4.83 Acres of Land, 26 F. Supp. 2d 332 (D.N.H. 1998). “See 15 U.S.C. § 717s(a). Condition 2 of the certificate clearly specifies that the agency has the authority to police compliance with Conditions 17 and 19.”
Mesa Petroleum Co. v. Fed. Power Comm'n, 441 F.2d 182 (5th Cir. 1971). “See § 20(a) of the Act, 15 U.S.C. § 717s(a), where the Commission in the event of a violation of the provisions of the Act may “in its discretion bring an action in the proper district court of the United States, or the United States courts of any territory or other place…”
Deep South Oil Co. of Texas v. Fed. Power Comm'n, 247 F.2d 882 (5th Cir. 1957). “Not here concerned with the validity of those regulations and accepting them for what they state, these regulations with their injunctive and criminal sanctions under *896 Sections 20, 21(a), 15 U.S.C.A. § 717s, § 717t(a), compel definitive action.”
The Nat'l Ass'n for the Advancement of Colored People v. The Fed. Power Comm'n, 520 F.2d 432 (D.C. Cir. 1975). “Although the Commission is nowhere empowered to enforce the antitrust laws as such, 42 it is authorized by the Natural Gas Act to transmit evidence of apparent violations of those laws to the Attorney General.”
Nat'l Ass'n for the Advancement of Colored People v. Fed. Power Comm'n, 425 U.S. 662 (1976). “See 15 U. S. C. § 717s (a); 16 U. S. C. §§803 (a), (h); Gulf States Utilities Co.”
Show all 30 citing cases →
— 15 U.S.C. § 717s(a) — 13 cases
Younger v. Jensen, 605 P.2d 813 (Cal. 1980). “15 U.S.C. § 717s(a): "The [FPC] may transmit such evidence as may be available .”
Columbia Gas Transmission, LLC v. Kanwal Singh, 707 F.3d 583 (6th Cir. 2013). “15 U.S.C. § 717s(a) (emphasis added). If Congress had intended for private actors such as Columbia to have broad enforcement powers under the Natural Gas Act, Congress could have easily given private actors such powers.”
United States of Am., in No. 82-1605 v. Fmc Corp., in No. 82-1640, 717 F.2d 775 (3rd Cir. 1983). “§ 53 (1976) (authorizing Federal Trade Commission to sue to enjoin violations of any law enforced by the Commission); 15 U.”
Portland Nat. Gas Transmission Sys. v. 4.83 Acres of Land, 26 F. Supp. 2d 332 (D.N.H. 1998). “See 15 U.S.C. § 717s(a). Condition 2 of the certificate clearly specifies that the agency has the authority to police compliance with Conditions 17 and 19.”
Mesa Petroleum Co. v. Fed. Power Comm'n, 441 F.2d 182 (5th Cir. 1971). “See § 20(a) of the Act, 15 U.S.C. § 717s(a), where the Commission in the event of a violation of the provisions of the Act may “in its discretion bring an action in the proper district court of the United States, or the United States courts of any territory or other place…”
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