15 U.S.C. § 717s: Enforcement of chapter

Summary

If the Commission finds someone is breaking or about to break the rules in this chapter or its orders, it can go to federal court to stop those acts and make the person follow the rules. The court can issue temporary or permanent orders, including injunctions or restraining orders, and it can do so without requiring a bond. The Commission can also give any evidence it has to the Attorney General, who may decide to bring criminal charges. At the Commission’s request, federal courts can issue writs of mandamus to force people to obey the chapter or the Commission’s rules. The Commission may hire lawyers it needs and pay them from its budget. In cases about market manipulation under section 717c–1 (including related rules), a court can bar someone who violated that rule from being an officer or director of a natural gas company or from buying or selling natural gas or transmission services the Commission controls, either permanently or for a set time.

Title 15, §717s

Commerce and Trade, Source: USLM XML via OLRC

(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.

(d)Violation of market manipulation provisions

In any proceedings under subsection (a), the court may prohibit, conditionally or unconditionally, and permanently or for such period of time as the court determines, any individual who is engaged or has engaged in practices constituting a violation of section 717c–1 of this title (including related rules and regulations) from—

(1)acting as an officer or director of a natural gas company; or

(2)engaging in the business of—

(A)the purchasing or selling of natural gas; or

(B)the purchasing or selling of transmission services subject to the jurisdiction of the Commission.

Notes & Related Subsidiaries

Editorial Notes

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”.

Amendments

2005—Subsec. (d). Pub. L. 109–58 added subsec. (d).

§717s Enforcement of Chapter

Summary

Title 15, §717s

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata