Page:United States Statutes at Large Volume 106 Part 4.djvu/275

 PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 3011 respect to an oil pipeline tarifT is withdrawn, any proceeding with respect to such complaint shall be terminated. (e) ALTERNATIVE DISPUTE RESOLUTION.— To the maximum extent practicable, the Commission shall establish appropriate alternative dispute resolution procedures, including required negotiations and voluntary arbitration, early in an oil pipeline rate proceeding as a method preferable to adjudication in resolving disputes relating to the rate. Any proposed rates derived from implementation of such procedures shall be considered by the Commission on an expedited basis for approval. SEC. 1803. PROTECTION OF CERTAIN EXISTING RATES. (a) RATES DEEMED JUST AND REASONABLE. —Except as provided in subsection (b)— (1) any rate in effect for the 365-day period ending on the date of the enactment of this Act shall be deemed to be just and reasonable (within the meaning of section 1(5) of the Interstate Commerce Act); and (2) any rate in effect on the 365th day preceding the date of such enactment shall be deemed to be just and reasonable (within the meaning of such section 1(5)) regardless of whether or not, with respect to such rate, a new rate has been filed with the Commission during such 365-day period; if the rate in effect, as described in paragraph (1) or (2), has not been subject to protest, investigation, or complaint during such 365-day period. (b) CHANGED CIRCUMSTANCES.— N O person may file a complaint under section 13 of the Interstate Commerce Act against a rate deemed to be just and reasonable under subsection (a) unless— (1) evidence is presented to the Commission which establishes that a substantial change has occurred after the date of the enactment of this Act— (A) in the economic circumstances of the oil pipeline which were a basis for the rate; or (B) in the nature of the services provided which were a basis for the rate; or (2) the person filing the complaint was under a contractual prohibition against the filing of a complaint which was in effect on the date of enactment of this Act and had been in effect prior to January 1, 1991, provided that a complaint by a party bound by such prohibition is brought within 30 days after the expiration of such prohibition. If the Commission determines pursuant to a proceeding instituted as a result of a complaint under section 13 of the Interstate Commerce Act that the rate is not lust and reasonable, the rate shall not be deemed to be just and reasonable. Any tariff reduction or refunds that may result as an outcome of such a complaint shall be prospective from the date of the filing of the complaint. (c) LIMITATION REGARDING UNDULY DISCRIMINATORY OR PREF- ERENTIAL TARIFFS.—Nothing in this section shall prohibit any aggrieved person from filing a complaint under section 13 or section 15(1) of the Interstate Commerce Act challenging any tariff provision as unduly discriminatory or unduly preferential. SEC. 1804. DEFINITIONS. For the purposes of this title, the following definitions apply: (1) COMMISSION.— The term "Commission" means the Federal Energy Regulatory Commission and, unless the context

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