Page:United States Statutes at Large Volume 92 Part 3.djvu/518

 92 STAT. 3150

^

15 USC 3202.

15 USC 3203. Notice and hearing.

,!

.

PUBLIC LAW 95-617—NOV. 9, 1978

(c) EXCLUSION OF WHOLESALE SALES.—The requirements of this title do not apply to the operations of a gas utility, or to proceedings respecting such operations, to the extent that such operations or proceedings relate to sales of natural gas for purposes of resale. (d) LIST OF COVERED UTILITIES.—Before the oeginning of each calendar year, the Secretary shall publish a list identifying each gas utility to which this title applies during such calendar year. Promptly after publication of such list, each State regulatory authority shall notify the Secretary of each gas utility on the list for which such State regulatory authority has ratemaking authority. SEC. 302. DEFINITIONS. For purposes of this title— (1) The term "gas consumer" means any person, State agency, or Federal agency, to which natural gas is sold other than for purposes of resale. (2) The term "gas utility" means any person, State agency, or Federal agency, engaged in the local distribution of natural gas, and the sale of natural gas to any ultimate consumer of natural gas. (3) The term "State regulated gas utility" means any gas utility with respect to which a State regulatory authority has ratemaking authority. (4) The term "nonregulated gas utility" means any gas utility other than a State regulated gas utility. (5) The term "rate" means any (A) price, rate, charge, or classification made, demanded, observed, or received with respect to sale of natural gas to a gas consumer, (B) any rule, regulation, or practice respecting any such rate, charge, or classification, and (C) any contract pertaining to the sale of natural gas to a gas consumer. (6) The term "ratemaking authority" means authority to fix, modify, approve, or disapprove rates. (7) The term "sale", when used with respect to natural gas, includes an exchange of natural gas. (8) The term "State regulatorv authority" means any State agency which has ratemaking authority with respect to the sale of natural gas by any gas utility (other than by such State agency). SEC. 303. ADOPTION OF CERTAIN STANDARDS. (a) ADOPTION OF STANDARDS,—Not later than 2 years after the date of the enactment of this Act, each State regulatory authority (with respect to each gas utility for which it has ratemaking authority) and each nonregulated gas utility shall provide public notice and conduct a hearing respecting the standards established by subsection (b) and, on the basis of such hearing, shall— (1) adopt the standard established by subsection (b)(1) if, and to the extent, such authority or nonregulated utility determines that such adoption is appropriate and is consistent with otherwise applicable State law, and (2) adopt the standard established by subsection (b)(2) if, and to the extent, such authority or nonregulated utility determines that such adoption is appropriate to carry out the purposes of this title, is otherwise appropriate, and is consistent with otherwise applicable State law. For purposes of any determination under paragraphs (1) and (2) and any review of such determination in any court under section 307, the

�