42 U.S.C. § 7172 : US Code - Section 7172: Jurisdiction of Commission

Search 42 U.S.C. § 7172 : US Code - Section 7172: Jurisdiction of Commission

(a) Transfer of functions from Federal Power Commission
(1) There are transferred to, and vested in, the Commission the
following functions of the Federal Power Commission or of any
member of the Commission or any officer or component of the
Commission:
(A) the investigation, issuance, transfer, renewal, revocation,
and enforcement of licenses and permits for the construction,
operation, and maintenance of dams, water conduits, reservoirs,
powerhouses, transmission lines, or other works for the
development and improvement of navigation and for the development
and utilization of power across, along, from, or in navigable
waters under part I of the Federal Power Act [16 U.S.C. 791a et
seq.];
(B) the establishment, review, and enforcement of rates and
charges for the transmission or sale of electric energy,
including determinations on construction work in progress, under
part II of the Federal Power Act [16 U.S.C. 824 et seq.], and the
interconnection, under section 202(b), of such Act [16 U.S.C.
824a(b)], of facilities for the generation, transmission, and
sale of electric energy (other than emergency interconnection);
(C) the establishment, review, and enforcement of rates and
charges for the transportation and sale of natural gas by a
producer or gatherer or by a natural gas pipeline or natural gas
company under sections 1, 4, 5, and 6 of the Natural Gas Act [15
U.S.C. 717, 717c to 717e];
(D) the issuance of a certificate of public convenience and
necessity, including abandonment of facilities or services, and
the establishment of physical connections under section 7 of the
Natural Gas Act [15 U.S.C. 717f];
(E) the establishment, review, and enforcement of curtailments,
other than the establishment and review of priorities for such
curtailments, under the Natural Gas Act [15 U.S.C. 717 et seq.];
and
(F) the regulation of mergers and securities acquisition under
the Federal Power Act [16 U.S.C. 791a et seq.] and Natural Gas
Act [15 U.S.C. 717 et seq.].
(2) The Commission may exercise any power under the following
sections to the extent the Commission determines such power to be
necessary to the exercise of any function within the jurisdiction
of the Commission:
(A) sections 4, 301, 302, 306 through 309, and 312 through 316
of the Federal Power Act [16 U.S.C. 797, 825, 825a, 825e to 825h,
825k to 825o]; and
(B) sections 8, 9, 13 through 17, 20, and 21 of the Natural Gas
Act [15 U.S.C. 717g, 717h, 717l to 717p, 717s, 717t].
(b) Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat.
1379
(c) Consideration of proposals made by Secretary to amend
regulations issued under section 753 of title 15; exception
(1) Pursuant to the procedures specified in section 7174 of this
title and except as provided in paragraph (2), the Commission shall
have jurisdiction to consider any proposal by the Secretary to
amend the regulation required to be issued under section 753(a)
(!1) of title 15 which is required by section 757 or 760a (!1) of
title 15 to be transmitted by the President to, and reviewed by,
each House of Congress, under section 6421 of this title.
(2) In the event that the President determines that an emergency
situation of overriding national importance exists and requires the
expeditious promulgation of a rule described in paragraph (1), the
President may direct the Secretary to assume sole jurisdiction over
the promulgation of such rule, and such rule shall be transmitted
by the President to, and reviewed by, each House of Congress under
section 757 or 760a (!1) of title 15, and section 6421 of this
title.
(d) Matters involving agency determinations to be made on record
after agency hearing
The Commission shall have jurisdiction to hear and determine any
other matter arising under any other function of the Secretary -
(1) involving any agency determination required by law to be
made on the record after an opportunity for an agency hearing; or
(2) involving any other agency determination which the
Secretary determines shall be made on the record after an
opportunity for an agency hearing,
except that nothing in this subsection shall require that functions
under sections 6213 and 6214 (!1) of this title shall be within the
jurisdiction of the Commission unless the Secretary assigns such a
function to the Commission.
(e) Matters assigned by Secretary after public notice and matters
referred under section 7174 of this title
In addition to the other provisions of this section, the
Commission shall have jurisdiction over any other matter which the
Secretary may assign to the Commission after public notice, or
which are required to be referred to the Commission pursuant to
section 7174 of this title.
(f) Limitation
No function described in this section which regulates the exports
or imports of natural gas or electricity shall be within the
jurisdiction of the Commission unless the Secretary assigns such a
function to the Commission.
(g) Final agency action
The decision of the Commission involving any function within its
jurisdiction, other than action by it on a matter referred to it
pursuant to section 7174 of this title, shall be final agency
action within the meaning of section 704 of title 5 and shall not
be subject to further review by the Secretary or any officer or
employee of the Department.
(h) Rules, regulations, and statements of policy
The Commission is authorized to prescribe rules, regulations, and
statements of policy of general applicability with respect to any
function under the jurisdiction of the Commission pursuant to this
section.