§ 717s. — Enforcement of chapter.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC717s]
TITLE 15--COMMERCE AND TRADE
CHAPTER 15B--NATURAL GAS
Sec. 717s. Enforcement of chapter
(a) Action in district court for injunction
Whenever it shall appear to the Commission that any person is
engaged or about to engage in any acts or practices which constitute or
will constitute a violation of the provisions of this chapter, or of any
rule, regulation, or order thereunder, it may in its discretion bring an
action in the proper district court of the United States, or the United
States courts of any Territory or other place subject to the
jurisdiction of the United States, to enjoin such acts or practices and
to enforce compliance with this chapter or any rule, regulation, or
order thereunder, and upon a proper showing a permanent or temporary
injunction or decree or restraining order shall be granted without bond.
The Commission may transmit such evidence as may be available concerning
such acts or practices or concerning apparent violations of the Federal
antitrust laws to the Attorney General, who, in his discretion, may
institute the necessary criminal proceedings.
(b) Mandamus
Upon application of the Commission the district courts of the United
States and the United States courts of any Territory or other place
subject to the jurisdiction of the United States shall have jurisdiction
to issue writs of mandamus commanding any person to comply with the
provisions of this chapter or any rule, regulation, or order of the
Commission thereunder.
(c) Employment of attorneys by Commission
The Commission may employ such attorneys as it finds necessary for
proper legal aid and service of the Commission or its members in the
conduct of their work, or for proper representation of the public
interest in investigations made by it, or cases or proceedings pending
before it, whether at the Commission's own instance or upon complaint,
or to appear for or represent the Commission in any case in court; and
the expenses of such employment shall be paid out of the appropriation
for the Commission.
(June 21, 1938, ch. 556, Sec. 20, 52 Stat. 832; June 25, 1948, ch. 646,
Sec. 1, 62 Stat. 875, 895.)
References in Text
The Federal antitrust laws, referred to in subsec. (a), are
classified generally to chapter 1 (Sec. 1 et seq.) of this title.
Codification
The words ``the District Court of the United States for the District
of Columbia'' in subsec. (a) following ``district court of the United
States'' and in subsec. (b) following ``district courts of the United
States'' omitted as superfluous in view of section 132(a) of Title 28,
Judiciary and Judicial Procedure, which states that ``There shall be in
each judicial district a district court which shall be a court of record
known as the United States District Court for the district'', and
section 88 of title 28 which states that ``The District of Columbia
constitutes one judicial district''.
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.
Section Referred to in Other Sections
This section is referred to in title 42 section 7172.