Page:United States Statutes at Large Volume 109 Part 1.djvu/940

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109 STAT. 924 PUBLIC LAW 104-88—DEC. 29, 1995 "(2) rules and practices on matters related to that transportation or service. "§ 15503. Authority and criteria: rates, classifications, rules, and practices prescribed by Board "(a) IN GENERAL. — When the Board, after a full hearing, decides that a rate charged or collected by a pipeline carrier for transportation subject to this part, or that a classification, rule, or practice of that carrier, does or will violate this part, the Board may prescribe the rate, classification, rule, or practice to be followed. In prescribing the rate, classification, rule, or practice, the Board may utilize rate reasonableness procedures that provide an effective simulation of a market-based price for a stand alone pipeline. The Board may order the carrier to stop the violation. When a rate, classification, rule, or practice is prescribed under this subsection, the affected carrier may not publish, charge, or collect a different rate and shall adopt the classification and observe the rule or practice prescribed by the Board. "(b) FACTORS TO CONSIDER.— W hen prescribing a rate, classification, rule, or practice for transportation or service by a pipeline carrier, the Board shall consider, among other factors— "(1) the effect of the prescribed rate, classification, rule, or practice on the movement of traffic by that carrier; "(2) the need for revenues that are sufficient, under honest, economical, and efficient management, to let the carrier provide that transportation or service; and "(3) the availability of other economic transportation alternatives. "(c) PROCEEDING. — The Board may begin a proceeding under this section on complaint. A complaint under this section must contain a full statement of the facts and the reasons for the complaint and must be made under oath. "§ 15504. Government traffic "A pipeline carrier providing transportation or service for the United States Government may transport property for the United States Government without charge or at a rate reduced from the applicable commercial rate. Section 3709 of the Revised Statutes (41 U.S.C. 5) does not apply when transportation for the United States Government can be obtained from a carrier lawfully operating in the area where the transportation would be provided. "§ 15505. Prohibition against discrimination by pipeline carriers A pipeline carrier providing transportation or service subject to this part may not subject a person, place, port, or type of traffic to unreasonable discrimination. "§ 15506. Facilities for interchange of traffic "A pipeline carrier providing transportation subject to this part shall provide reasonable, proper, and equal facilities that are within its power to provide for the interchange of traffic between, and for the receiving, forwarding, and delivering of property to and from, its respective line and a connecting line of a pipeline, rail, or water carrier under this subtitle.