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