Page:United States Statutes at Large Volume 119.djvu/704

 119 STAT. 686

Notice.

Termination date.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

PUBLIC LAW 109–58—AUG. 8, 2005

(2) Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by adding at the end the following: ‘‘(d) Except as specifically provided in this Act, nothing in this Act affects the rights of States under— ‘‘(1) the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); ‘‘(2) the Clean Air Act (42 U.S.C. 7401 et seq.); or ‘‘(3) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). ‘‘(e)(1) The Commission shall have the exclusive authority to approve or deny an application for the siting, construction, expansion, or operation of an LNG terminal. Except as specifically provided in this Act, nothing in this Act is intended to affect otherwise applicable law related to any Federal agency’s authorities or responsibilities related to LNG terminals. ‘‘(2) Upon the filing of any application to site, construct, expand, or operate an LNG terminal, the Commission shall— ‘‘(A) set the matter for hearing; ‘‘(B) give reasonable notice of the hearing to all interested persons, including the State commission of the State in which the LNG terminal is located and, if not the same, the Governorappointed State agency described in section 3A; ‘‘(C) decide the matter in accordance with this subsection; and ‘‘(D) issue or deny the appropriate order accordingly. ‘‘(3)(A) Except as provided in subparagraph (B), the Commission may approve an application described in paragraph (2), in whole or part, with such modifications and upon such terms and conditions as the Commission find necessary or appropriate. ‘‘(B) Before January 1, 2015, the Commission shall not— ‘‘(i) deny an application solely on the basis that the applicant proposes to use the LNG terminal exclusively or partially for gas that the applicant or an affiliate of the applicant will supply to the facility; or ‘‘(ii) condition an order on— ‘‘(I) a requirement that the LNG terminal offer service to customers other than the applicant, or any affiliate of the applicant, securing the order; ‘‘(II) any regulation of the rates, charges, terms, or conditions of service of the LNG terminal; or ‘‘(III) a requirement to file with the Commission schedules or contracts related to the rates, charges, terms, or conditions of service of the LNG terminal. ‘‘(C) Subparagraph (B) shall cease to have effect on January 1, 2030. ‘‘(4) An order issued for an LNG terminal that also offers service to customers on an open access basis shall not result in subsidization of expansion capacity by existing customers, degradation of service to existing customers, or undue discrimination against existing customers as to their terms or conditions of service at the facility, as all of those terms are defined by the Commission. ‘‘(f)(1) In this subsection, the term ‘military installation’— ‘‘(A) means a base, camp, post, range, station, yard, center, or homeport facility for any ship or other activity under the jurisdiction of the Department of Defense, including any leased facility, that is located within a State, the District of Columbia, or any territory of the United States; and

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