Fifth circuit expands not substantially developed exception to FERC jurisdiction under the Natural Gas Act of 1938

Journal Article · Mon Jul 01 04:00:00 EDT 1985 · Nat. Resour. J.; (United States)

OSTI ID:6411939

Eppler, D

The El Paso Natural Gas Co. v. Sun Oil Co. suit found that the Federal Energy Regulatory Commission (FERC) does not have jurisdiction over the sale of leases covering proven reserves of natural gas that lack the imminent ability to produce in commercial quantities. A review of the case and an analysis of the Court's decision concludes that it seems more logical to define the limits of the production and gathering exception in terms of commerce clause and federalism rather than in terms of the number of wells drilled at the time of sale. FERC's jurisdiction under the Natural Gas Act ought to be defined to reach wherever the state's regulatory jurisdiction cannot. Such an interpretation of FERC jurisdiction would further the purpose of the Natural Gas Act, which is to protect consumers from exploitation by natural gas suppliers by regulating the price at which large quantities of gas are transported and sold in interstate commerce.

• OSTI ID: 6411939
• Journal Information: Nat. Resour. J.; (United States), Journal Name: Nat. Resour. J.; (United States) Vol. 25:3; ISSN NRJOA
• Country of Publication: United States
• Language: English

Related Subjects

03 NATURAL GAS
031000* -- Natural Gas-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
294003 -- Energy Planning & Policy-- Natural Gas
ADMINISTRATIVE PROCEDURES
CASE LAW
CONSUMER PROTECTION
INDUSTRY
LAWS
LAWSUITS
LEASES
LEGAL ASPECTS
NATIONAL ENERGY ACT
NATIONAL ORGANIZATIONS
NATURAL GAS INDUSTRY
NATURAL GAS POLICY ACT
PRICING REGULATIONS
REGULATIONS
TRADE
US DOE
US FERC
US ORGANIZATIONS