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§ 717d. —  Fixing rates and charges; determination of cost of production or transportation.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 15USC717d]

 
                      TITLE 15--COMMERCE AND TRADE
 
                        CHAPTER 15B--NATURAL GAS
 
Sec. 717d. Fixing rates and charges; determination of cost of 
        production or transportation
        

(a) Decreases in rates

    Whenever the Commission, after a hearing had upon its own motion or 
upon complaint of any State, municipality, State commission, or gas 
distributing company, shall find that any rate, charge, or 
classification demanded, observed, charged, or collected by any natural-
gas company in connection with any transportation or sale of natural 
gas, subject to the jurisdiction of the Commission, or that any rule, 
regulation, practice, or contract affecting such rate, charge, or 
classification is unjust, unreasonable, unduly discriminatory, or 
preferential, the Commission shall determine the just and reasonable 
rate, charge, classification, rule, regulation, practice, or contract to 
be thereafter observed and in force, and shall fix the same by order: 
Provided, however, That the Commission shall have no power to order any 
increase in any rate contained in the currently effective schedule of 
such natural gas company on file with the Commission, unless such 
increase is in accordance with a new schedule filed by such natural gas 
company; but the Commission may order a decrease where existing rates 
are unjust, unduly discriminatory, preferential, otherwise unlawful, or 
are not the lowest reasonable rates.

(b) Costs of production and transportation

    The Commission upon its own motion, or upon the request of any State 
commission, whenever it can do so without prejudice to the efficient and 
proper conduct of its affairs, may investigate and determine the cost of 
the production or transportation of natural gas by a natural-gas company 
in cases where the Commission has no authority to establish a rate 
governing the transportation or sale of such natural gas.

(June 21, 1938, ch. 556, Sec. 5, 52 Stat. 823.)

                          Transfer of Functions

    Federal Power Commission terminated and functions with regard to 
establishment, review, and enforcement of rates and charges for 
transportation and sale of natural gas by a producer or gatherer or by a 
natural gas pipeline or natural gas company transferred to Federal 
Energy Regulatory Commission by sections 7172(a)(1)(C) and 7293 of Title 
42, The Public Health and Welfare.
    For transfer of functions of Federal Power Commission, with certain 
reservations, to Chairman of such Commission, see 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 717y, 3431 of this title; 
title 42 sections 7172, 8235e, 8441; title 50 section 167i.



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