Page:United States Statutes at Large Volume 92 Part 3.djvu/778

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 3 4 1 0

PUBLIC LAW 95-621—NOV. 9, 1978 (i) pursuant to any order under section 302(c) or section 303(b), (c), (d), or (h) of this Act; or (ii) authorized by the Commission under section 311 (a) of this Act.

Ante, pp. 3382, ^^^^v4n«e, p. 3388.

(B) NATURAL-GAS COMPANY.—For purposes of the N a t u r a l

15 USC 717w. 15 USC 717a.

^

Gas Act, the term "natural-gas company" (as defined in section 2(6) of such Act) shall not include any person by reason of, or with respect to, any transportation of n a t u r a l gas if the provisions of the N a t u r a l Gas Act and the jurisdiction of the Commission under the N a t u r a l Gas Act do not apply to such transportation by reason of subparagraph (A) of this paragraph.

(b) CHARGES D E E M E D J U S T AND REASON ABLE.— (1) S A L E S. —

15 USC 717c, '^^'^^I Ante, p. 3356.

Ante, p. 3369. 15 USC 717c, 717(1. Ante, p. 3382. f '" ^

(A) F I R S T SALES.—Subject to paragraph (4), for purposes of sections 4 and 5 of the N a t u r a l G a s Act, any amount paid in any first sale of n a t u r a l gas shall be deemed to be just and reasonable if— (i) such amount does not exceed the applicable maximum lawful price established under title I of this Act; or (ii) there is no applicable maximum lawful price solely by reason of the elimination of price controls pursuant to subtitle B of title I of this Act. (B) EMERGENCY SALES.—For purposes of sections 4 and 5 of the N a t u r a l Gas Act, any amount paid in any sale authorized under section 302(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 P I P E L I N E S. — For purposes of sec-

15 USC 717c, 717(1. Ante, p. 3388. 15 USC 717c, 717d.

Ante, p. 3356.

tions 4 and 5 of the N a t u r a l Gas Act, any amount paid in any sale authorized by the Commission under section 311(b) shall j^g deemed to be just and reasonable if such amount does not exceed the fair and equitable price established by the Commission and applicable to such sale. (D) ASSIGNMENTS.—For purposes of sections 4 and 5 of the N a t u r a l G a s Act, any amount paid pursuant to the terms of any contract with respect to that portion of which the Commission has authorized a n assignment authorized under section 312(a) shall be deemed to be just and reasonable if such amount does not exceed the applicable maximum lawful price established under title I of this Act. (E)

AFFILIATED ENTITIES LIMITATION.—For purposes of

paragraph (1), in the case of any first sale between any interstate pipeline and any affiliate of such pipeline, any amount p a i d in a n ^ first sale 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 between persons not affiliated with such interstate pipeline. (2) OTHER CHARGES.—

15 USC 717c, 717d. Ante, p. 3383.

(A) ALLOCATION.—For purposes of sections 4 and 5 of the N a t u r a l G a s Act, any amount paid by any interstate pipeline for transportation, storage, delivery or other services provided pursuant to any order under section 303(b), (c), or (d) of this Act shall be deemed to be just and reasonable if