Notes on 42 U.S.C. § 7172 : US Code - Notes

Search Notes on 42 U.S.C. § 7172 : US Code - Notes

(Pub. L. 95-91, title IV, Sec. 402, Aug. 4, 1977, 91 Stat. 583;
Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379.)
REFERENCES IN TEXT
The Federal Power Act, referred to in subsec. (a)(1)(A), (B), and
(F), is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,
which is classified generally to chapter 12 (Sec. 791a et seq.) of
Title 16, Conservation. Parts I and II of the Federal Power Act are
classified generally to subchapters I (Sec. 791a et seq.) and II
(Sec. 824 et seq.), respectively, of chapter 12 of Title 16. For
complete classification of this Act to the Code, see section 791a
of Title 16 and Tables.
The Natural Gas Act, referred to in subsec. (a)(1)(E), (F), is
act June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is
classified generally to chapter 15B (Sec. 717 et seq.) of Title 15,
Commerce and Trade. For complete classification of this Act to the
Code, see section 717w of Title 15 and Tables.
Sections 753, 757, and 760a of title 15, referred to in subsec.
(c), were omitted from the Code pursuant to section 760g of Title
15, which provided for the expiration of the President's authority
under those sections on Sept. 30, 1981.
Section 6214 of this title, referred to in subsec. (d), was
repealed by Pub. L. 106-469, title I, Sec. 103(3), Nov. 9, 2000,
114 Stat. 2029.
AMENDMENTS
1994 - Subsec. (b). Pub. L. 103-272 struck out subsec. (b) which
read as follows: "There are transferred to, and vested in, the
Commission all functions and authority of the Interstate Commerce
Commission or any officer or component of such Commission where the
regulatory function establishes rates or charges for the
transportation of oil by pipeline or establishes the valuation of
any such pipeline." See section 60502 of Title 49, Transportation.
OIL PIPELINE REGULATORY REFORM
Pub. L. 102-486, title XVIII, Oct. 24, 1992, 106 Stat. 3010,
provided that:
"SEC. 1801. OIL PIPELINE RATEMAKING METHODOLOGY.
"(a) Establishment. - Not later than 1 year after the date of the
enactment of this Act [Oct. 24, 1992], the Federal Energy
Regulatory Commission shall issue a final rule which establishes a
simplified and generally applicable ratemaking methodology for oil
pipelines in accordance with section 1(5) of part I of the
Interstate Commerce Act [former 49 U.S.C. 1(5)].
"(b) Effective Date. - The final rule to be issued under
subsection (a) may not take effect before the 365th day following
the date of the issuance of the rule.
"SEC. 1802. STREAMLINING OF COMMISSION PROCEDURES.
"(a) Rulemaking. - Not later than 18 months after the date of the
enactment of this Act [Oct. 24, 1992], the Commission shall issue a
final rule to streamline procedures of the Commission relating to
oil pipeline rates in order to avoid unnecessary regulatory costs
and delays.
"(b) Scope of Rulemaking. - Issues to be considered in the
rulemaking proceeding to be conducted under subsection (a) shall
include the following:
"(1) Identification of information to be filed with an oil
pipeline tariff and the availability to the public of any
analysis of such tariff filing performed by the Commission or its
staff.
"(2) Qualification for standing (including definitions of
economic interest) of parties who protest oil pipeline tariff
filings or file complaints thereto.
"(3) The level of specificity required for a protest or
complaint and guidelines for Commission action on the portion of
the tariff or rate filing subject to protest or complaint.
"(4) An opportunity for the oil pipeline to file a response for
the record to an initial protest or complaint.
"(5) Identification of specific circumstances under which
Commission staff may initiate a protest.
"(c) Additional Procedural Changes. - In conducting the
rulemaking proceeding to carry out subsection (a), the Commission
shall identify and transmit to Congress any other procedural
changes relating to oil pipeline rates which the Commission
determines are necessary to avoid unnecessary regulatory costs and
delays and for which additional legislative authority may be
necessary.
"(d) Withdrawal of Tariffs and Complaints. -
"(1) Withdrawal of tariffs. - If an oil pipeline tariff which
is filed under part I of the Interstate Commerce Act [former 49
U.S.C. 1 et seq.] and which is subject to investigation is
withdrawn -
"(A) any proceeding with respect to such tariff shall be
terminated;
"(B) the previous tariff rate shall be reinstated; and
"(C) any amounts collected under the withdrawn tariff rate
which are in excess of the previous tariff rate shall be
refunded.
"(2) Withdrawal of complaints. - If a complaint which is filed
under section 13 of the Interstate Commerce Act [former 49 U.S.C.
13] with respect to an oil pipeline tariff is withdrawn, any
proceeding with respect to such complaint shall be terminated.
"(e) Alternative Dispute Resolution. - To the maximum extent
practicable, the Commission shall establish appropriate alternative
dispute resolution procedures, including required negotiations and
voluntary arbitration, early in an oil pipeline rate proceeding as
a method preferable to adjudication in resolving disputes relating
to the rate. Any proposed rates derived from implementation of such
procedures shall be considered by the Commission on an expedited
basis for approval.
"SEC. 1803. PROTECTION OF CERTAIN EXISTING RATES.
"(a) Rates Deemed Just and Reasonable. - Except as provided in
subsection (b) -
"(1) any rate in effect for the 365-day period ending on the
date of the enactment of this Act [Oct. 24, 1992] shall be deemed
to be just and reasonable (within the meaning of section 1(5) of
the Interstate Commerce Act [former 49 U.S.C. 1(5)]); and
"(2) any rate in effect on the 365th day preceding the date of
such enactment shall be deemed to be just and reasonable (within
the meaning of such section 1(5)) regardless of whether or not,
with respect to such rate, a new rate has been filed with the
Commission during such 365-day period;
if the rate in effect, as described in paragraph (1) or (2), has
not been subject to protest, investigation, or complaint during
such 365-day period.
"(b) Changed Circumstances. - No person may file a complaint
under section 13 of the Interstate Commerce Act [former 49 U.S.C.
13] against a rate deemed to be just and reasonable under
subsection (a) unless -
"(1) evidence is presented to the Commission which establishes
that a substantial change has occurred after the date of the
enactment of this Act [Oct. 24, 1992] -
"(A) in the economic circumstances of the oil pipeline which
were a basis for the rate; or
"(B) in the nature of the services provided which were a
basis for the rate; or
"(2) the person filing the complaint was under a contractual
prohibition against the filing of a complaint which was in effect
on the date of enactment of this Act and had been in effect prior
to January 1, 1991, provided that a complaint by a party bound by
such prohibition is brought within 30 days after the expiration
of such prohibition.
If the Commission determines pursuant to a proceeding instituted as
a result of a complaint under section 13 of the Interstate Commerce
Act that the rate is not just and reasonable, the rate shall not be
deemed to be just and reasonable. Any tariff reduction or refunds
that may result as an outcome of such a complaint shall be
prospective from the date of the filing of the complaint.
"(c) Limitation Regarding Unduly Discriminatory or Preferential
Tariffs. - Nothing in this section shall prohibit any aggrieved
person from filing a complaint under section 13 or section 15(l) of
the Interstate Commerce Act [former 49 U.S.C. 13, 15(1)]
challenging any tariff provision as unduly discriminatory or unduly
preferential.
"SEC. 1804. DEFINITIONS.
"For the purposes of this title, the following definitions apply:
"(1) Commission. - The term 'Commission' means the Federal
Energy Regulatory Commission and, unless the context requires
otherwise, includes the Oil Pipeline Board and any other office
or component of the Commission to which the functions and
authority vested in the Commission under section 402(b) of the
Department of Energy Organization Act (42 U.S.C. 7172(b)) are
delegated.
"(2) Oil pipeline. -
"(A) In general. - Except as provided in subparagraph (B),
the term 'oil pipeline' means any common carrier (within the
meaning of the Interstate Commerce Act [former 49 U.S.C. 1 et
seq.]) which transports oil by pipeline subject to the
functions and authority vested in the Commission under section
402(b) of the Department of Energy Organization Act (42 U.S.C.
7172(b)).
"(B) Exception. - The term 'oil pipeline' does not include
the Trans-Alaska Pipeline authorized by the Trans-Alaska
Pipeline Authorization Act (43 U.S.C. 1651 et seq.) or any
pipeline delivering oil directly or indirectly to the Trans-
Alaska Pipeline.
"(3) Oil. - The term 'oil' has the same meaning as is given
such term for purposes of the transfer of functions from the
Interstate Commerce Commission to the Federal Energy Regulatory
Commission under section 402(b) of the Department of Energy
Organization Act (42 U.S.C. 7172(b)).
"(4) Rate. - The term 'rate' means all charges that an oil
pipeline requires shippers to pay for transportation services."
(!1) See References in Text note below.