---
kind: "section"
citation: "15 U.S.C. § 3431"
title: "15"
title_heading: "Commerce and Trade"
number: "3431"
heading: "Coordination with the Natural Gas Act"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/3431"
units:
  - "Chapter 60 — Natural Gas Policy"
  - "Subchapter VI — Coordination with Natural Gas Act; Miscellaneous Provisions"
---

# §3431. Coordination with the Natural Gas Act

- (a) **Jurisdiction of the Commission under the Natural Gas Act—**
  - (1) **Sales—**
    - (A) **Application to first sales—** For purposes of section 1(b) of the Natural Gas Act [[15 U.S.C. 717(b)](/usc/15/717.md?p=b)], the provisions of the Natural Gas Act [[15 U.S.C. 717](/usc/15/717.md) et seq.], and the jurisdiction of the [Commission](/usc/15/3301.md?p=24) under such Act shall not apply to any [natural gas](/usc/15/3301.md?p=1) solely by reason of any [first sale](/usc/15/3301.md?p=21-A) of such [natural gas](/usc/15/3301.md?p=1).
    - (B) **Authorized sales or assignments—** For purposes of section 1(b) of the Natural Gas Act [[15 U.S.C. 717(b)](/usc/15/717.md?p=b)], the provisions of the Natural Gas Act [[15 U.S.C. 717](/usc/15/717.md) et seq.] and the jurisdiction of the [Commission](/usc/15/3301.md?p=24) under such Act shall not apply by reason of any sale of [natural gas](/usc/15/3301.md?p=1)—
      - (i) authorized under section [3362(a)](/usc/15/3362.md?p=a) or [3371(b)](/usc/15/3371.md?p=b) of this title; or
      - (ii) pursuant to any assigned[^1] authorized under [section 3372(a) of this title](/usc/15/3372.md?p=a).
    - (C) **Natural-gas company—** For purposes of the Natural Gas Act [[15 U.S.C. 717](/usc/15/717.md) et seq.], the term “natural-gas company” (as defined in [section 2(6)](/usc/15/2.md) of such Act [[15 U.S.C. 717a(6)](/usc/15/717a.md?p=6) et seq.]) shall not include any [person](/usc/15/3301.md?p=26) by reason of, or with respect to, any sale of [natural gas](/usc/15/3301.md?p=1) if the provisions of the Natural Gas Act and the jurisdiction of the [Commission](/usc/15/3301.md?p=24) do not apply to such sale solely by reason of subparagraph (A) or (B) of this paragraph.
  - (2) **Transportation—**
    - (A) **Jurisdiction of the Commission—** For purposes of section 1(b) of the Natural Gas Act [[15 U.S.C. 717(b)](/usc/15/717.md?p=b)] the provisions of such Act [[15 U.S.C. 717](/usc/15/717.md) et seq.] and the jurisdiction of the [Commission](/usc/15/3301.md?p=24) under such Act shall not apply to any transportation in interstate commerce of [natural gas](/usc/15/3301.md?p=1) if such transportation is—
      - (i) pursuant to any order under [section 3362(c)](/usc/15/3362.md?p=c) or [section 3363(b)](/usc/15/3363.md?p=b), (c), (d), or (h) of this title; or
      - (ii) authorized by the [Commission](/usc/15/3301.md?p=24) under [section 3371(a) of this title](/usc/15/3371.md?p=a).
    - (B) **Natural-gas company—** For purposes of the Natural Gas Act [[15 U.S.C. 717](/usc/15/717.md) et seq.], the term “natural-gas company” (as defined in [section 2(6)](/usc/15/2.md) of such Act [[15 U.S.C. 717a(6)](/usc/15/717a.md?p=6)]) shall not include any [person](/usc/15/3301.md?p=26) by reason of, or with respect to, any transportation of [natural gas](/usc/15/3301.md?p=1) if the provisions of the Natural Gas Act and the jurisdiction of the [Commission](/usc/15/3301.md?p=24) under the Natural Gas Act do not apply to such transportation by reason of subparagraph (A) of this paragraph.
- (b) **Charges deemed just and reasonable—**
  - (1) **Sales—**
    - (A) **First sales—** Except as otherwise provided in this subsection, for purposes of sections 4 and 5 of the Natural Gas Act, any amount paid in any [first sale](/usc/15/3301.md?p=21-A) of [natural gas](/usc/15/3301.md?p=1) shall be deemed to be just and reasonable.
    - (B) **Emergency sales—** For purposes of sections 4 and 5 of the Natural Gas Act [[15 U.S.C. 717c](/usc/15/717c.md), 717d], any amount paid in any sale authorized under [section 3362(a) of this title](/usc/15/3362.md?p=a) shall be deemed to be just and reasonable if such amount does not exceed the fair and equitable price established under such section and applicable to such sale.
    - (C) **Sales by intrastate pipelines—** For purposes of sections 4 and 5 of the Natural Gas Act [[15 U.S.C. 717c](/usc/15/717c.md), 717d] any amount paid in any sale authorized by the [Commission](/usc/15/3301.md?p=24) under [section 3371(b) of this title](/usc/15/3371.md?p=b) shall be deemed to be just and reasonable if such amount does not exceed the fair and equitable price established by the [Commission](/usc/15/3301.md?p=24) and applicable to such sale.
    - (D) **Assignments—** For purposes of sections 4 and 5 of the Natural Gas Act [[15 U.S.C. 717c](/usc/15/717c.md), 717d], any amount paid pursuant to the terms of any contract with respect to that portion of which the [Commission](/usc/15/3301.md?p=24) has authorized an assignment authorized under [section 3372(a) of this title](/usc/15/3372.md?p=a) shall be deemed to be just and reasonable.
    - (E) **Affiliated entities limitation—** For purposes of [paragraph (1)](#b-1), in the case of any [first sale](/usc/15/3301.md?p=21-A) between any [interstate pipeline](/usc/15/3301.md?p=15) and any [affiliate](/usc/15/3301.md?p=27) of such pipeline, any amount paid in any [first sale](/usc/15/3301.md?p=21-A) shall be deemed to be just and reasonable if, in addition to satisfying the requirements of such paragraph, such amount does not exceed the amount paid in comparable [first sales](/usc/15/3301.md?p=21-A) between [persons](/usc/15/3301.md?p=26) not affiliated with such [interstate pipeline](/usc/15/3301.md?p=15).
  - (2) **Other charges—**
    - (A) **Allocation—** For purposes of sections 4 and 5 of the Natural Gas Act [[15 U.S.C. 717c](/usc/15/717c.md), 717d], any amount paid by any [interstate pipeline](/usc/15/3301.md?p=15) for transportation, storage, delivery or other services provided pursuant to any order under [section 3363(b)](/usc/15/3363.md?p=b), (c), or (d) of this title shall be deemed to be just and reasonable if such amount is prescribed by the President under [section 3363(h)(1) of this title](/usc/15/3363.md).
    - (B) **Transportation—** For purposes of sections 4 and 5 of the Natural Gas Act [[15 U.S.C. 717c](/usc/15/717c.md), 717d], any amount paid by any [interstate pipeline](/usc/15/3301.md?p=15) for any transportation authorized by the [Commission](/usc/15/3301.md?p=24) under [section 3371(a) of this title](/usc/15/3371.md?p=a) shall be deemed to be just and reasonable if such amount does not exceed that approved by the [Commission](/usc/15/3301.md?p=24) under such section.
- (c) **Guaranteed passthrough—**
  - (1) **Certificate may not be denied based upon price—** The [Commission](/usc/15/3301.md?p=24) may not deny, or condition the grant of, any [certificate](/usc/15/3301.md?p=23) under section 7 of the Natural Gas Act [[15 U.S.C. 717f](/usc/15/717f.md)] based upon the amount paid in any sale of [natural gas](/usc/15/3301.md?p=1), if such amount is deemed to be just and reasonable under [subsection (b)](#b) of this section.
  - (2) **Recovery of just and reasonable prices paid—** For purposes of sections 4 and 5 of the Natural Gas Act [[15 U.S.C. 717c](/usc/15/717c.md), 717d], the [Commission](/usc/15/3301.md?p=24) may not deny any [interstate pipeline](/usc/15/3301.md?p=15) recovery of any amount paid with respect to any purchase of [natural gas](/usc/15/3301.md?p=1) if, under [subsection (b)](#b) of this section, such amount is deemed to be just and reasonable for purposes of sections [4](/usc/15/4.md) and [5](/usc/15/5.md) of such Act, except to the extent the [Commission](/usc/15/3301.md?p=24) determines that the amount paid was excessive due to fraud, abuse, or similar grounds.

## Footnotes

[^1]: So in original. Probably should be “assignment”.

## Source credit

(Pub. L. 95–621, title VI, § 601, Nov. 9, 1978, 92 Stat. 3409; Pub. L. 101–60, § 3(a)(7), (b)(7), July 26, 1989, 103 Stat. 158, 159.)

## Notes

### Editorial Notes

### References in Text

The Natural Gas Act, referred to in subsec. (a)(1), (2)(A), (B), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to chapter 15B (§ 717 et seq.) of this title. For complete classification of this act to the Code, see section 717w of this title and Tables.

### Amendments

1989—Subsec. (a)(1)(A). Pub. L. 101–60, § 3(b)(7)(A), in heading substituted “Application to first sales” for “Natural gas not committed or dedicated” and amended text generally. Prior to amendment, text read as follows: “For purposes of section 1(b) of the Natural Gas Act, effective on the first day of the first month beginning after November 9, 1978, the provisions of the Natural Gas Act and the jurisdiction of the Commission under such Act shall not apply to natural gas which was not committed or dedicated to interstate commerce as of November 8, 1978, solely by reason of any first sale of such natural gas.”

Subsec. (a)(1)(B). Pub. L. 101–60, § 3(b)(7)(B), (C), redesignated subpar. (C) as (B) and struck out former subpar. (B) which related to committed or dedicated natural gas which was high-cost natural gas, new natural gas, or natural gas produced from any new, onshore production well.

Subsec. (a)(1)(C). Pub. L. 101–60, § 3(b)(7)(C), (D), redesignated subpar. (D) as (C) and substituted “subparagraph (A) or (B)” for “subparagraph (A), (B), or (C)”. Former subpar. (C) redesignated (B).

Subsec. (a)(1)(D). Pub. L. 101–60, § 3(b)(7)(C), redesignated subpar. (D) as (C).

Subsec. (a)(1)(E). Pub. L. 101–60, § 3(b)(7)(B), struck out subpar. (E), “Certain additional natural gas”, which read as follows: “For purposes of section 1(b) of the Natural Gas Act, the provisions of the Natural Gas Act and the jurisdiction of the Commission under such Act shall not apply solely by reason of any first sale of natural gas which is committed or dedicated to interstate commerce as of July 25, 1989, and which is not subject to a maximum lawful price under part A of subchapter I of this chapter by reason of section 3331(f) of this title, effective as of the date such gas ceases to be subject to such maximum lawful price.”

Pub. L. 101–60, § 3(a)(7)(A), substituted “Certain additional natural gas” for “Alaskan natural gas” in heading and amended text generally. Prior to amendment, text read as follows: “Subparagraph (B)(ii) and (iii) shall not apply with respect to natural gas produced from the Prudhoe Bay unit of Alaska and transported through the transportation system approved under the Alaska Natural Gas Transportation Act of 1976.”

Subsec. (b)(1)(A). Pub. L. 101–60, § 3(b)(7)(E), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Subject to paragraph (4), for purposes of sections 4 and 5 of the Natural Gas Act, any amount paid in any first sale of natural gas shall be deemed to be just and reasonable if—

“(i) such amount does not exceed the applicable maximum lawful price established under subchapter I of this chapter; or

“(ii) there is no applicable maximum lawful price solely by reason of the elimination of price controls pursuant to part B of subchapter I of this chapter.”

Subsec. (b)(1)(D). Pub. L. 101–60, § 3(b)(7)(F), struck out before period at end “if such amount does not exceed the applicable maximum lawful price established under subchapter I of this chapter”.

Subsec. (c)(2). Pub. L. 101–60, § 3(a)(7)(B), substituted “purchase of natural gas if, under subsection (b) of this section, such amount is deemed to be just and reasonable for purposes of sections 4 and 5 of such Act,” for “purchase of natural gas if—

“(A) under subsection (b) of this section, such amount is deemed to be just and reasonable for purposes of sections 4 and 5 of such Act, and

“(B) such recovery is not inconsistent with any requirement of any rule under section 3341 of this title (including any amendment under section 3342 of this title),”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1989 Amendment

Amendment by section 3(b)(7) of Pub. L. 101–60 effective Jan. 1, 1993, see section 3(b) of Pub. L. 101–60, set out as a note under section 3372 of this title.