§ 717m. — Investigations by Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC717m]
TITLE 15--COMMERCE AND TRADE
CHAPTER 15B--NATURAL GAS
Sec. 717m. Investigations by Commission
(a) Power of Commission
The Commission may investigate any facts, conditions, practices, or
matters which it may find necessary or proper in order to determine
whether any person has violated or is about to violate any provisions of
this chapter or any rule, regulation, or order thereunder, or to aid in
the enforcement of the provisions of this chapter or in prescribing
rules or regulations thereunder, or in obtaining information to serve as
a basis for recommending further legislation to the Congress. The
Commission may permit any person to file with it a statement in writing,
under oath or otherwise, as it shall determine, as to any or all facts
and circumstances concerning a matter which may be the subject of
investigation. The Commission, in its discretion, may publish in the
manner authorized by section 825k of title 16, and make available to
State commissions and municipalities, information concerning any such
matter.
(b) Determination of adequacy of gas reserves
The Commission may, after hearing, determine the adequacy or
inadequacy of the gas reserves held or controlled by any natural-gas
company, or by anyone on its behalf, including its owned or leased
properties or royalty contracts; and may also, after hearing, determine
the propriety and reasonableness of the inclusion in operating expenses,
capital, or surplus of all delay rentals or other forms of rental or
compensation for unoperated lands and leases. For the purpose of such
determinations, the Commission may require any natural-gas company to
file with the Commission true copies of all its lease and royalty
agreements with respect to such gas reserves.
(c) Administration of oaths and affirmations; subpena of witnesses, etc.
For the purpose of any investigation or any other proceeding under
this chapter, any member of the Commission, or any officer designated by
it, is empowered to administer oaths and affirmations, subpena
witnesses, compel their attendance, take evidence, and require the
production of any books, papers, correspondence, memoranda, contracts,
agreements, or other records which the Commission finds relevant or
material to the inquiry. Such attendance of witnesses and the production
of any such records may be required from any place in the United States
or at any designated place of hearing. Witnesses summoned by the
Commission to appear before it shall be paid the same fees and mileage
that are paid witnesses in the courts of the United States.
(d) Jurisdiction of courts of United States
In case of contumacy by, or refusal to obey a subpena issued to, any
person, the Commission may invoke the aid of any court of the United
States within the jurisdiction of which such investigation or proceeding
is carried on, or where such person resides or carries on business, in
requiring the attendance and testimony of witnesses and the production
of books, papers, correspondence, memoranda, contracts, agreements, and
other records. Such court may issue an order requiring such person to
appear before the Commission or member or officer designated by the
Commission, there to produce records, if so ordered, or to give
testimony touching the matter under investigation or in question; and
any failure to obey such order of the court may be punished by such
court as a contempt thereof. All process in any such case may be served
in the judicial district whereof such person is an inhabitant or
wherever he may be found or may be doing business. Any person who
willfully shall fail or refuse to attend and testify or to answer any
lawful inquiry or to produce books, papers, correspondence, memoranda,
contracts, agreements, or other records, if in his or its power so to
do, in obedience to the subpena of the Commission, shall be guilty of a
misdemeanor and upon conviction shall be subject to a fine of not more
than $1,000 or to imprisonment for a term of not more than one year, or
both.
(e) Testimony of witnesses
The testimony of any witness may be taken at the instance of a
party, in any proceeding or investigation pending before the Commission,
by deposition at any time after the proceeding is at issue. The
Commission may also order testimony to be taken by deposition in any
proceeding or investigation pending before it at any stage of such
proceeding or investigation. Such depositions may be taken before any
person authorized to administer oaths not being of counsel or attorney
to either of the parties, nor interested in the proceeding or
investigation. Reasonable notice must first be given in writing by the
party or his attorney proposing to take such deposition to the opposite
party or his attorney of record, as either may be nearest, which notice
shall state the name of the witness and the time and place of the taking
of his deposition. Any person may be compelled to appear and depose, and
to produce documentary evidence, in the same manner as witnesses may be
compelled to appear and testify and produce documentary evidence before
the Commission, as hereinbefore provided. Such testimony shall be
reduced to writing by the person taking deposition, or under his
direction, and shall, after it has been reduced to writing, be
subscribed by the deponent.
(f) Deposition of witnesses in a foreign country
If a witness whose testimony may be desired to be taken by
deposition be in a foreign country, the deposition may be taken before
an officer or person designated by the Commission, or agreed upon by the
parties by stipulation in writing to be filed with the Commission. All
depositions must be promptly filed with the Commission.
(g) Witness fees
Witnesses whose depositions are taken as authorized in this chapter,
and the person or officer taking the same, shall be entitled to the same
fees as are paid for like services in the courts of the United States.
(June 21, 1938, ch. 556, Sec. 14, 52 Stat. 828; Pub. L. 91-452, title
II, Sec. 218, Oct. 15, 1970, 84 Stat. 929.)
Amendments
1970--Subsec. (h). Pub. L. 91-452 struck out subsec. (h) which
related to the immunity from prosecution of any individual compelled to
testify or produce evidence, documentary or otherwise, after claiming
his privilege against self-incrimination.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-452 effective on sixtieth day following Oct.
15, 1970, and not to affect any immunity to which any individual is
entitled under this section by reason of any testimony given before
sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452,
set out as an Effective Date; Savings Provision note under section 6001
of Title 18, Crimes and Criminal Procedure.
Transfer of Functions
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), 7291, 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.
Study and Report on Natural Gas Pipeline and Storage Facilities in New
England
Pub. L. 107-355, Sec. 26, Dec. 17, 2002, 116 Stat. 3012, provided
that:
``(a) Study.--The Federal Energy Regulatory Commission, in
consultation with the Department of Energy, shall conduct a study on the
natural gas pipeline transmission network in New England and natural gas
storage facilities associated with that network.
``(b) Consideration.--In carrying out the study, the Commission
shall consider the ability of natural gas pipeline and storage
facilities in New England to meet current and projected demand by gas-
fired power generation plants and other consumers.
``(c) Report.--Not later than 1 year after the date of enactment of
this Act [Dec. 17, 2002], the Federal Energy Regulatory Commission shall
prepare and submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Energy and Commerce of the House of
Representatives a report containing the results of the study conducted
under subsection (a), including recommendations for addressing potential
natural gas transmission and storage capacity problems in New England.''
Section Referred to in Other Sections
This section is referred to in title 42 section 7172.
