§ 1862. — Natural gas distribution.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1862]
TITLE 43--PUBLIC LANDS
CHAPTER 36--OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
SUBCHAPTER III--MISCELLANEOUS PROVISIONS
Sec. 1862. Natural gas distribution
(a) Expanded participation by local distribution companies in
acquisition of leases and development of natural gas resources
The purpose of this section is to encourage expanded participation
by local distribution companies in acquisition of leases and development
of natural gas resources on the Outer Continental Shelf by facilitating
the transportation in interstate commerce of natural gas, which is
produced from a lease located on the Outer Continental Shelf and owned,
in whole or in part, by a local distribution company, from such lease to
the service area of such local distribution company.
(b) Application and issuance of certificates of public convenience and
necessity for transportation of natural gas
The Federal Energy Regulatory Commission shall, after opportunity
for presentation of written and oral views, promulgate and publish in
the Federal Register a statement of Commission policy which carries out
the purpose of this section and sets forth the standards under which the
Commission will consider applications for, and, as appropriate, issue
certificates of public convenience and necessity, pursuant to section
717f of title 15, for the transportation in interstate commerce of
natural gas, which is produced from a lease located on the Outer
Continental Shelf and owned, in whole or in part, by a local
distribution company, from such lease to the service area of such local
distribution company. Such statement of policy shall specify the
criteria, limitations, or requirements the Commission will apply in
determing-- \1\
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\1\ So in original. Probably should be ``determining--''.
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(1) whether the application of any local distribution company
qualifies for consideration under the statement of policy; and
(2) whether the public convenience and necessity will be served
by the issuance of the requested certificate of transportation.
Such statement of policy shall also set forth the terms or limitations
on which the Commission may condition, pursuant to section 717f of title
15, the issuance of a certificate of transportation under such statement
of policy. To the maximum extent practicable, such statement shall be
promulgated and published within one year after September 18, 1978.
(c) Definitions
For purposes of this section, the term--
(1) ``local distribution company'' means any person--
(A) engaged in the distribution of natural gas at retail,
including any subsidiary or affiliate thereof engaged in the
exploration and production of natural gas; and
(B) regulated, or operated as a public utility, by a State
or local government or agency thereof;
(2) ``interstate commerce'' shall have the same meaning as such
term has under section 717a(7) of title 15; and
(3) ``Commission'' means the Federal Energy Regulatory
Commission.
(Pub. L. 95-372, title VI, Sec. 603, Sept. 18, 1978, 92 Stat. 694.)
