Natural gas
The term “natural gas” means either natural gas unmixed, or any mixture of natural and artificial gas.
Well
The term “well” means any well for the discovery or production of natural gas, crude oil, or both.
New well
Old well
The term “old well” means any well other than a new well.
Marker well
General rule
The term “marker well” means any well from which natural gas was produced in commercial quantities at any time after , and before .
New wells
The term “marker well” does not include any new well under paragraph (3)(A) but includes any new well under paragraph (3)(B) if such well qualifies as a marker well under subparagraph (A) of this paragraph.
Reservoir
Completion location
General rule
The term “completion location” means any subsurface location from which natural gas is being or has been produced in commercial quantities.
Marker well
The term “completion location”, when used with reference to any marker well, means any subsurface location from which natural gas was produced from such well in commercial quantities after , and before .
Proration unit
New lease
The term “new lease”, when used with respect to the Outer Continental Shelf, means a lease, entered into on or after , of submerged acreage.
Old lease
The term “old lease”, when used with respect to the Outer Continental Shelf, means any lease other than a new lease.
New contract
The term “new contract” means any contract, entered into on or after , for the first sale of natural gas which was not previously subject to an existing contract.
Rollover contract
The term “rollover contract” means any contract, entered into on or after , for the first sale of natural gas that was previously subject to an existing contract which expired at the end of a fixed term (not including any extension thereof taking effect on or after ) specified by the provisions of such existing contract, as such contract was in effect on , whether or not there is an identity of parties or terms with those of such existing contract.
Existing contract
The term “existing contract” means any contract for the first sale of natural gas in effect on .
Successor to an existing contract
The term “successor to an existing contract” means any contract, other than a rollover contract, entered into on or after , for the first sale of natural gas which was previously subject to an existing contract, whether or not there is an identity of parties or terms with those of such existing contract.
Interstate pipeline
15 U.S.C. 717The term “interstate pipeline” means any person engaged in natural gas transportation subject to the jurisdiction of the Commission under the Natural Gas Act [ et seq.].
Intrastate pipeline
15 U.S.C. 71715 U.S.C. 717(c)The term “intrastate pipeline” means any person engaged in natural gas transportation (not including gathering) which is not subject to the jurisdiction of the Commission under the Natural Gas Act [ et seq.] (other than any such pipeline which is not subject to the jurisdiction of the Commission solely by reason of section 1(c) of the Natural Gas Act []).
Local distribution company
The term “local distribution company” means any person, other than any interstate pipeline or any intrastate pipeline, engaged in the transportation, or local distribution, of natural gas and the sale of natural gas for ultimate consumption.
Committed or dedicated to interstate commerce
General rule
Exclusion
Certificated natural gas
15 U.S.C. 717f(c)The term “certificated natural gas” means natural gas transported by any interstate pipeline in a facility for which there is in effect a certificate issued under section 7(c) of the Natural Gas Act []. Such term does not include natural gas sold to the user by the producer and transported pursuant to a certificate which is specifically issued under section 7(c) of the Natural Gas Act for the transportation of that natural gas, for such user unless such natural gas is used for the generation of electricity.
Sale
The term “sale” means any sale, exchange, or other transfer for value.
First sale
General rule
Certain sales not included
Clauses (i), (ii), (iii), or (iv) of subparagraph (A) shall not include the sale of any volume of natural gas by any interstate pipeline, intrastate pipeline, or local distribution company, or any affiliate thereof, unless such sale is attributable to volumes of natural gas produced by such interstate pipeline, intrastate pipeline, or local distribution company, or any affiliate thereof.
Deliver
The term “deliver”, when used with respect to any first sale of natural gas, means the physical delivery from the seller; except that in the case of the sale of proven reserves in place to any interstate pipeline, any intrastate pipeline, any local distribution company, or any user of such natural gas, such term means the transfer of title to such reserves.
Certificate
15 U.S.C. 717The term “certificate”, when used with respect to the Natural Gas Act [ et seq.], means a certificate of public convenience and necessity issued under such Act.
Commission
The term “Commission” means the Federal Energy Regulatory Commission.
Federal agency
section 105 of title 5The term “Federal agency” has the same meaning as given such term in .
Person
The term “person” includes the United States, any State, and any political subdivision, agency, or instrumentality of the foregoing.
Affiliate
The term “affiliate”, when used in relation to any person, means another person which controls, is controlled by, or is under common control with, such person.
Electric utility
The term “electric utility” means any person to the extent such person is engaged in the business of the generation of electricity and sale, directly or indirectly, of electricity to the public.
Mcf
The term “Mcf”, when used with respect to natural gas, means 1,000 cubic feet of natural gas measured at a pressure of 14.73 pounds per square inch (absolute) and a temperature of 60 degrees Fahrenheit.
Btu
The term “Btu” means British thermal unit.
Month
The term “month” means a calendar month.
Mile
The term “mile” means a statute mile of 5,280 feet.
United States
The term “United States” means the several States and includes the Outer Continental Shelf.
State
The term “State” means each of the several States and the District of Columbia.
Outer Continental Shelf
section 1331(a) of title 43The term “Outer Continental Shelf” has the same meaning as such term has under .
Prudhoe Bay Unit of Alaska
The term “Prudhoe Bay Unit of Alaska” means the geographic area subject to the voluntary unit agreement approved by the Commissioner of the Department of Natural Resources of the State of Alaska on , and referred to as the “affected area” in Conservation Order No. 145 of the Alaska Oil and Gas Conservation Committee, Division of Oil and Gas Conservation, Department of Natural Resources of the State of Alaska, as such order was in effect on , and determined without regard to any adjustments in the description of the affected area permitted to be made under such order.
Antitrust laws
15 U.S.C. 115 U.S.C. 1215 U.S.C. 4115 U.S.C. 8–915 U.S.C. 13The term “Federal antitrust laws” means the Sherman Act ( et seq.), the Clayton Act (, 13, 14–19, 20, 21, 22–27), the Federal Trade Commission Act ( et seq.), sections 73 and 74 of the Wilson Tariff Act (), and the Act of , chapter 592 (, 13a, 13b, and 21a).
Pub. L. 95–621, § 292 Stat. 3352(, , .)
Editorial Notes
References in Text
act June 21, 1938, ch. 55652 Stat. 821section 717w of this titleThe Natural Gas Act, and such Act, referred to in pars. (15), (16), (18)(A)(ii), (B)(i), (iii)(II), (23), 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.
Pub. L. 95–2, § 691 Stat. 7section 717 of this titleSection 6 of the Emergency Natural Gas Act of 1977, referred to in par. (18)(B)(i)(I), is , , , which was formerly set out in a note under .
15 U.S.C. 1act July 2, 1890, ch. 64726 Stat. 209section 1 of this titleThe Sherman Act ( et seq.), referred to in par. (37), is , , which is classified to sections 1 to 7 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
15 U.S.C. 12act Oct. 15, 1914, ch. 32338 Stat. 730section 12 of this titleThe Clayton Act (, 13, 14–19, 20, 21, 22–27), referred to in par. (37), is , , which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of this title, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under and Tables.
15 U.S.C. 41act Sept. 26, 1914, ch. 31138 Stat. 717section 58 of this titleThe Federal Trade Commission Act ( et seq.), referred to in par. (37), is , , which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see and Tables.
act June 19, 1936, ch. 59249 Stat. 1526section 13 of this titlesection 13 of this titleAct of , chapter 592, referred to in par. (37), means , , popularly known as the Robinson-Patman Antidiscrimination Act and also as the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of this title and amended . For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Statutory Notes and Related Subsidiaries
Short Title of 1989 Amendment
Pub. L. 101–60, § 1103 Stat. 157
Short Title
Pub. L. 95–621, § 192 Stat. 3351