Page:United States Statutes at Large Volume 56 Part 1.djvu/112

 PUBLIC LAWS-CH. 49-FEB. 7, 1942 to such natural-gas company a certificate of public convenience and necessity issued by the Commission authorizing such acts or opera- roiso. in bna tions: Provided, however, That if any such natural-gas company or fideoperation predecessor in interest was bona fide engaged in transportation or sale of natural gas, subject to the jurisdiction of the Commission, on the effective date of this amendatory Act, over the route or routes or within the area for which application is made and has so operated since that time, the Commission shall issue such certificate without requiring further proof that public convenience and necessity will be served by such operation, and without further proceedings, if appli- cation for such certificate is made to the Commissiqn within ninety days after the effective date of this amendatory Act. Pending the determination of any such application, the continuance of such opera- tion shall be lawful. Hearings and deci- "In all other cases the Commission shall set the matter for hearing and shall give such reasonable notice of the hearing thereon to all interested persons as in its judgment may be necessary under rules and regulations to be prescribed by the Commission; and the applica- tion shall be decided in accordance with the procedure provided in subsection (e) of this section and such certificate shall be issued or Tmrary certif- denied accordingly: Provided, however, That the Commission may cates. issue a temporary certificate in cases of emergency, to assure mainte- nance of adequate service or to serve particular customers, without notice or hearing, pending the determination of an application for a certificate, and may by regulation exempt from the requirements of this section temporary acts or operations for which the issuance of a certificate will not be required in the public interest. tifapication for cer "(d) Application for certificates shall be made in writing to the Commission, be verified under oath, and shall be in such form, con- tain such information, and notice thereof shall be served upon such interested parties and in such manner as the Commission shall, by regulation, require. forqssuanceots etf "(e) Except in the cases governed by the provisos contained in cat e . subsection (c) of this section, a certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operation, sale, service, construction, extension, or acquisition covered by the application, if it is found that the applicant is able and willing properly to do the acts and to perform the service proposed and to conform to the provisions of the Act and the requirements, rules, and regulations of the Commission thereunder, and that the proposed service, sale, operation, construction, extension, or acquisition, to the extent authorized by the certificate, is or will be required by the present or future public convenience and necessity; otherwise such Terms and condi- application shall be denied. The Commission shall have the power to attach to the issuance of the certificate and to the exercise of the rights granted thereunder such reasonable terms and conditions as the public convenience and necessity may require. etervice area. o (f) The Commission, after a hearing had upon its own motion or upon application, may determine the service area to which each authorization under this section is to be limited. Within such service area as determined by the Commission a natural-gas company may enlarge or extend its facilities for the purpose of supplying increased market demands in such service area without further authorization. ready beinmgseed "(g) Nothing contained in this section shall be construed as a limitation upon the power of the Commission to grant certificates of public convenience and necessity for service of an area already being served by another natural-gas company." Approved, February 7, 1942. [56 STAT.

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