Page:United States Statutes at Large Volume 92 Part 3.djvu/517

 PUBLIC LAW 95-617—NOV. 9, 1978

92 STAT. 3149

"SEC. 30. (a) Except as provided in subsection (b) or (c), the Com- 16 USC 823a. mission may grant an exemption in whole or in part from the requirements of this part, including any license requirements contained in this part, to any facility (not including any dam or other impoundment) constructed, operated, or maintained for the generation of electric power which the Commission determines, by rule or order— " (1) is located on non-Federal lands, and "(2) utilizes for such generation only the hydroelectric potential of a manmade conduit, which is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. "(b) The Commission may not grant any exemption under subsection (a) to any facility the installed capacity of which exceeds 15 megawatts. "(c) In making the determination under subsection (a) the Commission shall consult with the United States Fish and Wildlife Service and the State agency exercising administration over the fish and wildlife resources of the State in which the facility is or will be located, in the manner provided by the Fish and Wildlife Coordination Act (16 U.S.C. 661, et seq.), and shall include in any such exemption— "(1) such terms and conditions as the Fish and Wildlife Service and the State agency each determine are appropriate to prevent loss of, or damage to, such resources and to otherwise carry C' out the purposes of such Act, and " (2) such terms and conditions as the Commission deems appropriate to insure that such facility continues to comply with the provisions of this section and terms and conditions included in any such exemption. "(d) Any violation of a term or condition of any exemption granted under subsection (a) shall be treated as a violation of a rule or order of the Commission under this Act.". SEC. 214. PRIOR ACTION; EFFECT ON OTHER AUTHORITIES. 16 USC 824 note. (a) PRIOR ACTIONS.—No provision of this title or of any amendment

made by this title shall apply to, or affect, any action taken by the Commission before the date of the enactment of this Act. (b) OTHER AUTHORITIES.—No provision of this title or of any amendment made by this title shall limit, impair or otherwise affect any authority of the Commission or any other agency or instrumentality of the United States under any other provision of law except as specifically provided in this title.

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TITLE III—RETAIL POLICIES FOR NATURAL GAS UTILITIES SEC. 301. PURPOSES; COVERAGE.

(a) PURPOSES.—The purposes of this title are to encourage— (1) conservation of energy supplied by gas utilities; (2) the optimization of the efficiency of use of facilities and resources by gas utility systems; and (3) equitable rates to gas consumers of natural gas. (b) VOLUME OF TOTAL EETAIL SALES.—This title applies to each gas utility in any calendar year, and to each proceeding relating to each gas utility in such year, if the total sales of natural gas by such utility for purposes other than resale exceeded 10 billion cubic feet during any calendar year beginning after December 31, 1975, and before the immediately preceding calendar year.

15 USC 3201.

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