Jurisdiction of the Commission under the Natural Gas Act
Sales
Application to first sales
15 U.S.C. 717(b)15 U.S.C. 717For purposes of section 1(b) of the Natural Gas Act [], the provisions of the Natural Gas Act [ et seq.], and the jurisdiction of the Commission under such Act shall not apply to any natural gas solely by reason of any first sale of such natural gas.
Authorized sales or assignments
Natural-gas company
15 U.S.C. 71715 U.S.C. 717a(6)For purposes of the Natural Gas Act [ et seq.], the term “natural-gas company” (as defined in section 2(6) of such Act [ et seq.]) shall not include any person by reason of, or with respect to, any sale of natural gas if the provisions of the Natural Gas Act and the jurisdiction of the Commission do not apply to such sale solely by reason of subparagraph (A) or (B) of this paragraph.
Transportation
Jurisdiction of the Commission
Natural-gas company
15 U.S.C. 71715 U.S.C. 717a(6)For purposes of the Natural Gas Act [ et seq.], the term “natural-gas company” (as defined in section 2(6) of such Act []) shall not include any person by reason of, or with respect to, any transportation of natural gas if the provisions of the Natural Gas Act and the jurisdiction of the Commission under the Natural Gas Act do not apply to such transportation by reason of subparagraph (A) of this paragraph.
Charges deemed just and reasonable
Sales
First sales
Except as otherwise provided in this subsection, for purposes of sections 4 and 5 of the Natural Gas Act, any amount paid in any first sale of natural gas shall be deemed to be just and reasonable.
Emergency sales
15 U.S.C. 717csection 3362(a) of this titleFor purposes of sections 4 and 5 of the Natural Gas Act [, 717d], any amount paid in any sale authorized under shall be deemed to be just and reasonable if such amount does not exceed the fair and equitable price established under such section and applicable to such sale.
Sales by intrastate pipelines
15 U.S.C. 717csection 3371(b) of this titleFor purposes of sections 4 and 5 of the Natural Gas Act [, 717d] any amount paid in any sale authorized by the Commission under shall be deemed to be just and reasonable if such amount does not exceed the fair and equitable price established by the Commission and applicable to such sale.
Assignments
15 U.S.C. 717csection 3372(a) of this titleFor purposes of sections 4 and 5 of the Natural Gas Act [, 717d], any amount paid pursuant to the terms of any contract with respect to that portion of which the Commission has authorized an assignment authorized under shall be deemed to be just and reasonable.
Affiliated entities limitation
For purposes of paragraph (1), in the case of any first sale between any interstate pipeline and any affiliate of such pipeline, any amount paid in any first sale shall be deemed to be just and reasonable if, in addition to satisfying the requirements of such paragraph, such amount does not exceed the amount paid in comparable first sales between persons not affiliated with such interstate pipeline.
Other charges
Allocation
15 U.S.C. 717csection 3363(h)(1) of this titleFor purposes of sections 4 and 5 of the Natural Gas Act [, 717d], any amount paid by any interstate pipeline for transportation, storage, delivery or other services provided pursuant to any order under section 3363(b), (c), or (d) of this title shall be deemed to be just and reasonable if such amount is prescribed by the President under .
Transportation
15 U.S.C. 717csection 3371(a) of this titleFor purposes of sections 4 and 5 of the Natural Gas Act [, 717d], any amount paid by any interstate pipeline for any transportation authorized by the Commission under shall be deemed to be just and reasonable if such amount does not exceed that approved by the Commission under such section.
Guaranteed passthrough
Certificate may not be denied based upon price
15 U.S.C. 717fThe Commission may not deny, or condition the grant of, any certificate under section 7 of the Natural Gas Act [] based upon the amount paid in any sale of natural gas, if such amount is deemed to be just and reasonable under subsection (b) of this section.
Recovery of just and reasonable prices paid
15 U.S.C. 717cFor purposes of sections 4 and 5 of the Natural Gas Act [, 717d], the Commission may not deny any interstate pipeline recovery of any amount paid with respect to any purchase of natural gas if, under subsection (b) of this section, such amount is deemed to be just and reasonable for purposes of sections 4 and 5 of such Act, except to the extent the Commission determines that the amount paid was excessive due to fraud, abuse, or similar grounds.
Pub. L. 95–621, title VI, § 60192 Stat. 3409Pub. L. 101–60, § 3(a)(7)103 Stat. 158(, , ; , (b)(7), , , 159.)
Editorial Notes
References in Text
act June 21, 1938, ch. 55652 Stat. 821section 717w of this titleThe Natural Gas Act, referred to in subsec. (a)(1), (2)(A), (B), is , , which is classified generally to chapter 15B (§ 717 et seq.) of this title. For complete classification of this act to the Code, see and Tables.
Amendments
Pub. L. 101–60, § 3(b)(7)(A)1989—Subsec. (a)(1)(A). , in heading substituted “Application to first sales” for “Natural gas not committed or dedicated” and amended text generally. Prior to amendment, text read as follows: “For purposes of section 1(b) of the Natural Gas Act, effective on the first day of the first month beginning after , the provisions of the Natural Gas Act and the jurisdiction of the Commission under such Act shall not apply to natural gas which was not committed or dedicated to interstate commerce as of , solely by reason of any first sale of such natural gas.”
Pub. L. 101–60, § 3(b)(7)(B)Subsec. (a)(1)(B). , (C), redesignated subpar. (C) as (B) and struck out former subpar. (B) which related to committed or dedicated natural gas which was high-cost natural gas, new natural gas, or natural gas produced from any new, onshore production well.
Pub. L. 101–60, § 3(b)(7)(C)Subsec. (a)(1)(C). , (D), redesignated subpar. (D) as (C) and substituted “subparagraph (A) or (B)” for “subparagraph (A), (B), or (C)”. Former subpar. (C) redesignated (B).
Pub. L. 101–60, § 3(b)(7)(C)Subsec. (a)(1)(D). , redesignated subpar. (D) as (C).
Pub. L. 101–60, § 3(b)(7)(B)section 3331(f) of this titleSubsec. (a)(1)(E). , struck out subpar. (E), “Certain additional natural gas”, which read as follows: “For purposes of section 1(b) of the Natural Gas Act, the provisions of the Natural Gas Act and the jurisdiction of the Commission under such Act shall not apply solely by reason of any first sale of natural gas which is committed or dedicated to interstate commerce as of , and which is not subject to a maximum lawful price under part A of subchapter I of this chapter by reason of , effective as of the date such gas ceases to be subject to such maximum lawful price.”
Pub. L. 101–60, § 3(a)(7)(A), substituted “Certain additional natural gas” for “Alaskan natural gas” in heading and amended text generally. Prior to amendment, text read as follows: “Subparagraph (B)(ii) and (iii) shall not apply with respect to natural gas produced from the Prudhoe Bay unit of Alaska and transported through the transportation system approved under the Alaska Natural Gas Transportation Act of 1976.”
Pub. L. 101–60, § 3(b)(7)(E)Subsec. (b)(1)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Subject to paragraph (4), for purposes of sections 4 and 5 of the Natural Gas Act, any amount paid in any first sale of natural gas shall be deemed to be just and reasonable if—
“(i) such amount does not exceed the applicable maximum lawful price established under subchapter I of this chapter; or
“(ii) there is no applicable maximum lawful price solely by reason of the elimination of price controls pursuant to part B of subchapter I of this chapter.”
Pub. L. 101–60, § 3(b)(7)(F)Subsec. (b)(1)(D). , struck out before period at end “if such amount does not exceed the applicable maximum lawful price established under subchapter I of this chapter”.
Pub. L. 101–60, § 3(a)(7)(B)Subsec. (c)(2). , substituted “purchase of natural gas if, under subsection (b) of this section, such amount is deemed to be just and reasonable for purposes of sections 4 and 5 of such Act,” for “purchase of natural gas if—
“(A) under subsection (b) of this section, such amount is deemed to be just and reasonable for purposes of sections 4 and 5 of such Act, and
section 3341 of this titlesection 3342 of this title“(B) such recovery is not inconsistent with any requirement of any rule under (including any amendment under ),”.
Statutory Notes and Related Subsidiaries
Effective Date of 1989 Amendment
section 3(b)(7) of Pub. L. 101–60section 3(b) of Pub. L. 101–60section 3372 of this titleAmendment by effective , see , set out as a note under .