43 U.S.C. § 1862 — Natural gas distribution

submitted 48 years ago by Pub. L. 95-372 to r/title-43-PUBLIC-LANDS · 419 words · no verdicts yet

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This section encourages local gas-distribution companies to own Outer Continental Shelf leases and develop gas resources by making interstate transportation of that gas easier. It directs FERC to publish a policy for considering transportation certificates and defines three terms.

(a) Purpose. The purpose is to encourage local distribution companies to participate more in acquiring leases and developing Outer Continental Shelf natural-gas resources. It does this by facilitating interstate transportation of gas produced from a lease partly or wholly owned by such a company to that company’s service area. (b) Certificates. After allowing written and oral views, the Federal Energy Regulatory Commission must publish in the Federal Register a policy statement carrying out that purpose. The statement must set standards for considering and, when appropriate, issuing certificates of public convenience and necessity under section 717f of title 15 for this transportation. It must state the criteria, limits, and requirements for deciding whether a company qualifies and whether public convenience and necessity support the certificate. It must also state the terms or limits that may condition a certificate. As far as practicable, it was to be published within one year after September 18, 1978. (c) Definitions. (1) “Local distribution company” means a person engaged in retail natural-gas distribution, including a subsidiary or affiliate engaged in exploration and production, that is regulated or operated as a public utility by a State or local government or its agency. (2) “Interstate commerce” has the meaning in section 717a(7) of title 15. (3) “Commission” means FERC. This section does not define the quoted terms incorporated from another section.

the actual law source: uscode.house.gov ↗public domain

(a) Expanded participation by local distribution companies in acquisition of leases and development of natural gas resources

The purpose of this section is to encourage expanded participation by local distribution companies in acquisition of leases and development of natural gas resources on the Outer Continental Shelf by facilitating the transportation in interstate commerce of natural gas, which is produced from a lease located on the Outer Continental Shelf and owned, in whole or in part, by a local distribution company, from such lease to the service area of such local distribution company.

(b) Application and issuance of certificates of public convenience and necessity for transportation of natural gas

The Federal Energy Regulatory Commission shall, after opportunity for presentation of written and oral views, promulgate and publish in the Federal Register a statement of Commission policy which carries out the purpose of this section and sets forth the standards under which the Commission will consider applications for, and, as appropriate, issue certificates of public convenience and necessity, pursuant to section 717f of title 15, for the transportation in interstate commerce of natural gas, which is produced from a lease located on the Outer Continental Shelf and owned, in whole or in part, by a local distribution company, from such lease to the service area of such local distribution company. Such statement of policy shall specify the criteria, limitations, or requirements the Commission will apply in determing— 1

(1)

whether the application of any local distribution company qualifies for consideration under the statement of policy; and

(2)

whether the public convenience and necessity will be served by the issuance of the requested certificate of transportation.

Such statement of policy shall also set forth the terms or limitations on which the Commission may condition, pursuant to section 717f of title 15, the issuance of a certificate of transportation under such statement of policy. To the maximum extent practicable, such statement shall be promulgated and published within one year after September 18, 1978.

For purposes of this section, the term—

(1)

“local distribution company” means any person—

(A)

engaged in the distribution of natural gas at retail, including any subsidiary or affiliate thereof engaged in the exploration and production of natural gas; and

(B)

regulated, or operated as a public utility, by a State or local government or agency thereof;

(2)

“interstate commerce” shall have the same meaning as such term has under section 717a(7) of title 15; and

(3)

“Commission” means the Federal Energy Regulatory Commission.

Source credit: (Pub. L. 95–372, title VI, § 603, Sept. 18, 1978, 92 Stat. 694.)

history & why it existsrecord from the source credit

1978Enacted · Pub. L. 95-372 · 92 Stat. 694

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-372 on 1978-09-18.

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