§ 719c. — Federal Power Commission reviews and reports.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC719c]
TITLE 15--COMMERCE AND TRADE
CHAPTER 15C--ALASKA NATURAL GAS TRANSPORTATION
Sec. 719c. Federal Power Commission reviews and reports
(a) Proceedings: suspension, vacation or removal of suspension; issuance
of certificate of convenience and necessity
(1) Notwithstanding any provision of the Natural Gas Act or any
other provision of law, the Commission shall suspend all proceedings
pending before the Commission on October 22, 1976, relating to a system
for the transportation of Alaska natural gas as soon as the Commission
determines to be practicable after such date, and the Commission may
refuse to act on any application, amendment thereto, or other requests
for action under the Natural Gas Act relating to a system for the
transportation of Alaska natural gas until such time as (A) a decision
of the President designating such a system for approval takes effect
pursuant to section 719f of this title, (B) no such decision takes
effect pursuant to section 719f of this title, or (C) the President
decides not to designate such a system for approval under section 719f
of this title and so advises the Congress pursuant to section 719e of
this title.
(2) In the event a decision of the President designating such a
system takes effect pursuant to this chapter, the Commission shall
forthwith vacate proceedings suspended under paragraph (1) and, pursuant
to section 719g of this title and in accordance with the President's
decision, issue a certificate of public convenience and necessity
respecting such system.
(3) In the event such a decision of the President does not take
effect pursuant to this chapter or the President decides not to
designate such a system and so advises the Congress pursuant to section
719e of this title, the suspension provided for in paragraph (1) of this
subsection shall be removed.
(b) Recommendation; submittal to President; rule for presentation of
data, views, and arguments; Federal agency cooperation
(1) The Commission shall review all applications for the issuance of
a certificate of public convenience and necessity relating to the
transportation of Alaska natural gas pending on October 22, 1976, and
any amendments thereto which are timely made, and after consideration of
any alternative transportation system which the Commission determines to
be reasonable, submit to the President not later than May 1, 1977, a
recommendation concerning the selection of such a transportation system.
Such recommendation may be in the form of a proposed certificate of
public convenience and necessity, or in such other form as the
Commission determines to be appropriate, or may recommend that no
decision respecting the selection of such a transportation system be
made at this time or pursuant to this chapter. Any recommendation that
the President approve a particular transportation system shall (A)
include a description of the nature and route of the system, (B)
designate a person to construct and operate the system, which person
shall be the applicant, if any, which filed for a certificate of public
convenience and necessity to construct and operate such system, (C) if
such recommendation is for an all-land pipeline transportation system,
or a transportation system involving water transportation, include
provision for new facilities to the extent necessary to assure direct
pipeline delivery of Alaska natural gas contemporaneously to points both
east and west of the Rocky Mountains in the lower continental United
States.
(2) The Commission may, by rule, provide for the presentation of
data, views, and arguments before the Commission or a delegate of the
Commission pursuant to such procedures as the Commission determines to
be appropriate to carry out its responsibilities under paragraph (1) of
this subsection. Such a rule shall, to the extent determined by the
Commission, apply, notwithstanding any provision of law that would
otherwise have applied to the presentation of data, views, and
arguments.
(3) The Commission may request such information and assistance from
any Federal agency as the Commission determines to be necessary or
appropriate to carry out its responsibilities under this chapter. Any
Federal agency requested to submit information or provide assistance
shall submit such information to the Commission at the earliest
practicable time after receipt of a Commission request.
(c) Report; public availability; factors to be discussed
The Commission shall accompany any recommendation under subsection
(b)(1) of this section with a report, which shall be available to the
public, explaining the basis for such recommendation and including for
each transportation system reviewed or considered a discussion of the
following:
(1) for each year of the 20-year period which begins with the
first year following October 22, 1976, the estimated--
(A) volumes of Alaska natural gas which would be available
to each region of the United States directly, or indirectly by
displacement or otherwise, and
(B) transportation costs and delivered prices of any such
volumes of gas by region;
(2) the effects of each of the factors described in
subparagraphs (A) and (B) of paragraph (1) on the projected natural
gas supply and demand for each region of the United States and on
the projected supplies of alternative fuels available by region to
offset shortages of natural gas occurring in such region for each
such year;
(3) the impact upon competition;
(4) the extent to which the system provides a means for the
transportation to United States markets of natural resources or
other commodities from sources in addition to the Prudhoe Bay
Reserve;
(5) environmental impacts;
(6) safety and efficiency in design and operation and potential
for interruption in deliveries of Alaska natural gas;
(7) construction schedules and possibilities for delay in such
schedules or for delay occurring as a result of other factors;
(8) feasibility of financing;
(9) extent of reserves, both proven and probable and their
deliverability by year for each year of the 20-year period which
begins with the first year following October 22, 1976;
(10) the estimate of the total delivered cost to users of the
natural gas to be transported by the system by year for each year of
the 20-year period which begins with the first year following
October 22, 1976;
(11) capability and cost of expanding the system to transport
additional volumes of natural gas in excess of initial system
capacity;
(12) an estimate of the capital and operating costs, including
an analysis of the reliability of such estimates and the risk of
cost overruns; and
(13) such other factors as the Commission determines to be
appropriate.
(d) Recommendation not based upon Canadian pipeline system decision
The recommendation by the Commission pursuant to this section shall
not be based upon the fact that the Government of Canada or agencies
thereof have not, by then rendered a decision as to authorization of a
pipeline system to transport Alaska natural gas through Canada.
(e) Transportation system: recommendation, submittal to President;
environmental impact statement: submittal to President
If the Commission recommends the approval of a particular
transportation system, it shall submit to the President with such
recommendation (1) an identification of those facilities and operations
which are proposed to be encompassed within the term ``construction and
initial operation'' in order to define the scope of directions contained
in section 719g of this title and (2) the terms and conditions permitted
under the Natural Gas Act [15 U.S.C. 717 et seq.], which the Commission
determines to be appropriate for inclusion in a certificate of public
convenience and necessity to be issued respecting such system. The
Commission shall submit to the President contemporaneously with its'
report an environmental impact statement prepared respecting the
recommended system, if any, and each environmental impact statement
which may have been prepared respecting any other system reported on
under this section.
(Pub. L. 94-586, Sec. 5, Oct. 22, 1976, 90 Stat. 2904.)
References in Text
The Natural Gas Act, referred to in subsecs. (a)(1) and (e), is act
June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is classified
generally to chapter 15B (Sec. 717 et seq.) of this title. For complete
classification of this Act to the Code, see section 717w of this title
and Tables.
Transfer of Functions
Enforcement functions authorized by, and supplemental enforcement
authority created by this chapter with respect to pre-construction,
construction, and initial operation of transportation system for
Canadian and Alaskan natural gas transferred to 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(h)(1), 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.
Section Referred to in Other Sections
This section is referred to in sections 719d, 719e, 719f of this
title.
