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U.S. Code as of:
01/19/04
Section 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.
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