Page:United States Statutes at Large Volume 119.djvu/706

 119 STAT. 688

Notification.

PUBLIC LAW 109–58—AUG. 8, 2005

safety inspections in conformance with Federal regulations and guidelines with respect to the LNG terminal upon written notice to the Commission. The State commission may notify the Commission of any alleged safety violations. The Commission shall transmit information regarding such allegations to the appropriate Federal agency, which shall take appropriate action and notify the State commission. ‘‘(e)(1) In any order authorizing an LNG terminal the Commission shall require the LNG terminal operator to develop an Emergency Response Plan. The Emergency Response Plan shall be prepared in consultation with the United States Coast Guard and State and local agencies and be approved by the Commission prior to any final approval to begin construction. The Plan shall include a cost-sharing plan. ‘‘(2) A cost-sharing plan developed under paragraph (1) shall include a description of any direct cost reimbursements that the applicant agrees to provide to any State and local agencies with responsibility for security and safety— ‘‘(A) at the LNG terminal; and ‘‘(B) in proximity to vessels that serve the facility.’’. SEC. 312. NEW NATURAL GAS STORAGE FACILITIES.

Section 4 of the Natural Gas Act (15 U.S.C. 717c) is amended by adding at the end the following: ‘‘(f)(1) In exercising its authority under this Act or the Natural Gas Policy Act of 1978 (15 U.S.C. 3301 et seq.), the Commission may authorize a natural gas company (or any person that will be a natural gas company on completion of any proposed construction) to provide storage and storage-related services at marketbased rates for new storage capacity related to a specific facility placed in service after the date of enactment of the Energy Policy Act of 2005, notwithstanding the fact that the company is unable to demonstrate that the company lacks market power, if the Commission determines that— ‘‘(A) market-based rates are in the public interest and necessary to encourage the construction of the storage capacity in the area needing storage services; and ‘‘(B) customers are adequately protected. ‘‘(2) The Commission shall ensure that reasonable terms and conditions are in place to protect consumers. ‘‘(3) If the Commission authorizes a natural gas company to charge market-based rates under this subsection, the Commission shall review periodically whether the market-based rate is just, reasonable, and not unduly discriminatory or preferential.’’. SEC. 313. PROCESS COORDINATION; HEARINGS; RULES OF PROCEDURE.

(a) IN GENERAL.—Section 15 of the Natural Gas Act (15 U.S.C. 717n) is amended— (1) by striking the section heading and inserting ‘‘PROCESS COORDINATION; HEARINGS; RULES OF PROCEDURE’’; (2) by redesignating subsections (a) and (b) as subsections (e) and (f), respectively; and (3) by striking ‘‘SEC. 15.’’ and inserting the following: ‘‘SEC. 15.(a) In this section, the term ‘Federal authorization’— ‘‘(1) means any authorization required under Federal law with respect to an application for authorization under section

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