Page:United States Statutes at Large Volume 91.djvu/41

 PUBLIC LAW 95-2—FEB. 2, 1977

91 STAT. 7

(g) In order to effect the purposes of this Act, the President shall Delivery to highmonitor the operation of any order made pursuant to this sectionto P™"*^ "^^''^ assure that natural gas delivered pursuant to this section is applied °^ yto high-priority uses only. ANTITRUST PROTECTIONS

SEC. 5. (a) There shall be available as a defense for any person to 15 USC 717 note. civil or criminal action brought for violation of the antitrust laws (or any similar law of any State) with respect to any action taken or meeting held pursuant to a request or order of the President under section 4 (a) or (d) of this Act, if— (1) such action was taken or meeting held solely for the purpose of complying with the President's request or order;^ (2) such action was not taken for the purpose of injuring competition; and (3) such person complied with the requirements of subsection (b) of this section. Persons interposing the defense provided by this subsection shall have the burden of proof, except that the burden shall be on the person against whom the defense is asserted with respect to whether the actions were taken for the purpose of injuring competition. (b) A meeting held pursuant to a request by the President under section 4(d) or pursuant to an order under section 4(a) complies with the requirements of subsection (a) if—(1) there is present at such meeting a full-time Federal employee designated for such purposes by the Attorney General; (2) a full and complete record of such meeting is taken and deposited, together with any agreements resulting therefrom, with the Attorney General, who shall make it available for public ,.j<; inspection and copying; (3) the Attorney General and the Federal Trade Gommission have the opportunity to participate from the beginning in the development and carrying out of agreements and actions under sections 4(a) and 4(d), in order to propose any alternative which would avoid or overcome, to the greatest extent practicable, posr ' ' ^ sible anticompetitive effects while achieving substantially the purposes of this Act; and (4) such other procedures as may be specified in such request or order are complied with. EMERGENCY PURCHASES

SEC. 6. (a) The President may authorize any interstate pipeline 15 USC 717 note. or local distribution company served by an interstate pipeline (or class or category of such pipelines or companies) to contract, upon such terms and conditions as the President determines to be appropriate (including provisions respecting fair and equitable prices), for emergency supplies of natural gas for delivery before August 1, 1977— (1) from any producer of natural gas (other than a producer ";.?. who is affiliated with the purchaser as determined by the President) if (A) such natural gas is not produced from the Outer Continental Shelf and (B) the sale or transportation of such gas was not, immediately before the date on which such contract was entered into, certificated under the JS'atural Gas Act, or 15 USC 717w. (2) from any intrastate pipeline, local distribution company, or other person (other than in interstate pipeline or a producer of natural gas).

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