§ 717b. — Exportation or importation of natural gas.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC717b]
TITLE 15--COMMERCE AND TRADE
CHAPTER 15B--NATURAL GAS
Sec. 717b. Exportation or importation of natural gas
(a) Mandatory authorization order
After six months from June 21, 1938, no person shall export any
natural gas from the United States to a foreign country or import any
natural gas from a foreign country without first having secured an order
of the Commission authorizing it to do so. The Commission shall issue
such order upon application, unless, after opportunity for hearing, it
finds that the proposed exportation or importation will not be
consistent with the public interest. The Commission may by its order
grant such application, in whole or in part, with such modification and
upon such terms and conditions as the Commission may find necessary or
appropriate, and may from time to time, after opportunity for hearing,
and for good cause shown, make such supplemental order in the premises
as it may find necessary or appropriate.
(b) Free trade agreements
With respect to natural gas which is imported into the United States
from a nation with which there is in effect a free trade agreement
requiring national treatment for trade in natural gas, and with respect
to liquefied natural gas--
(1) the importation of such natural gas shall be treated as a
``first sale'' within the meaning of section 3301(21) of this title;
and
(2) the Commission shall not, on the basis of national origin,
treat any such imported natural gas on an unjust, unreasonable,
unduly discriminatory, or preferential basis.
(c) Expedited application and approval process
For purposes of subsection (a) of this section, the importation of
the natural gas referred to in subsection (b) of this section, or the
exportation of natural gas to a nation with which there is in effect a
free trade agreement requiring national treatment for trade in natural
gas, shall be deemed to be consistent with the public interest, and
applications for such importation or exportation shall be granted
without modification or delay.
(June 21, 1938, ch. 556, Sec. 3, 52 Stat. 822; Pub. L. 102-486, title
II, Sec. 201, Oct. 24, 1992, 106 Stat. 2866.)
Amendments
1992--Pub. L. 102-486 designated existing provisions as subsec. (a)
and added subsecs. (b) and (c).
Transfer of Functions
Enforcement functions of Secretary or other official in Department
of Energy and Commission, Commissioners, or other official in Federal
Energy Regulatory Commission related to compliance with authorizations
for importation of natural gas from Alberta as predeliveries of Alaskan
gas issued under this section with respect to pre-construction,
construction, and initial operation of transportation system for
Canadian and Alaskan natural gas transferred to the Federal Inspector,
Office of Federal Inspector for Alaska Natural Gas Transportation
System, until first anniversary of date of initial operation of Alaska
Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,
Secs. 102(d), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376,
effective July 1, 1979, set out under section 719e of this title. Office
of Federal Inspector for the Alaska Natural Gas Transportation System
abolished and functions and authority vested in Inspector transferred to
Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out as an
Abolition of Office of Federal Inspector note under section 719e of this
title.
Federal Power Commission terminated and functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a)(1), 7291, and 7293 of Title 42,
The Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out in the Appendix to Title 5, Government
Organization and Employees.
Delegation of Functions
Functions of President respecting certain facilities constructed and
maintained on United States borders delegated to Secretary of State, see
Ex. Ord. No. 11423, Aug. 16, 1968, 33 F.R. 11741, set out as a note
under section 301 of Title 3, The President.
Ex. Ord. No. 10485. Performance of Functions Respecting Electric Power
and Natural Gas Facilities Located on United States Borders
Ex. Ord. No. 10485. Sept. 3, 1953, 18 F.R. 5397, as amended by Ex.
Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, provided:
Section 1. (a) The Secretary of Energy is hereby designated and
empowered to perform the following-described functions:
(1) To receive all applications for permits for the construction,
operation, maintenance, or connection, at the borders of the United
States, of facilities for the transmission of electric energy between
the United States and a foreign country.
(2) To receive all applications for permits for the construction,
operation, maintenance, or connection, at the borders of the United
States, of facilities for the exportation or importation of natural gas
to or from a foreign country.
(3) Upon finding the issuance of the permit to be consistent with
the public interest, and, after obtaining the favorable recommendations
of the Secretary of State and the Secretary of Defense thereon, to issue
to the applicant, as appropriate, a permit for such construction,
operation, maintenance, or connection. The Secretary of Energy shall
have the power to attach to the issuance of the permit and to the
exercise of the rights granted thereunder such conditions as the public
interest may in its judgment require.
(b) In any case wherein the Secretary of Energy, the Secretary of
State, and the Secretary of Defense cannot agree as to whether or not a
permit should be issued, the Secretary of Energy shall submit to the
President for approval or disapproval the application for a permit with
the respective views of the Secretary of Energy, the Secretary of State
and the Secretary of Defense.
Sec. 2. [Deleted.]
Sec. 3. The Secretary of Energy is authorized to issue such rules
and regulations, and to prescribe such procedures, as it may from time
to time deem necessary or desirable for the exercise of the authority
delegated to it by this order.
Sec. 4. All Presidential Permits heretofore issued pursuant to
Executive Order No. 8202 of July 13, 1939, and in force at the time of
the issuance of this order, and all permits issued hereunder, shall
remain in full force and effect until modified or revoked by the
President or by the Secretary of Energy.
Sec. 5. Executive Order No. 8202 of July 13, 1939, is hereby
revoked.
Section Referred to in Other Sections
This section is referred to in title 49 section 60104.
