Page:United States Statutes at Large Volume 92 Part 3.djvu/538

 92 STAT. 3170

PUBLIC LAW 95-617—NOV. 9, 1978

i,

Post, p. 3289.

15 USC 717w.

(6) The term "high-priority use" means any use of n a t u r a l gas (other than its use for the generation of steam for industrial purposes or electricity) identified by the Commission as a high priority use for which the Commission determines a substitute fuel is not reasonably available. (7) The term "heavy petroleum fuel oil" means number 4, 5, or 6 fuel oil which is domestically refined. (8) The term "local distribution company" means any person, other than any intrastate pipeline or any interstate pipeline, engaged i n the transportation, or local distribution, of n a t u r a l gas and the sale of n a t u r a l gas for ultimate consumption. (9) The term "intrastate pipeline" means any person engaged in n a t u r a l gas transportation (not including gathering) which is not subject to the jurisdiction of the Commission under the Natural Gas Act. (10) The term "facility" means any electric powerplant, or major fuel b u r n i n g installation, as such terms are defined in the Powerplant and Industrial Fuel Use Act of 1978. (11) The term "curtailment p l a n " means a plan (including any modification of such plan required by the N a t u r a l Gas Policy Act of 1978), in effect under the N a t u r a l Gas A c to r State law, which provides for recognizing and implementing priorities of service during periods of curtailed deliveries by any local distribution company, intrastate pipeline, or interstate pipeline. (12) The term "interstate commerce" has the same meaning as such term has under the N a t u r a l Gas Act. (f) CooRDiNATTox W T T H THE NATTTRAI. G A S ACT. — (1)

15 USC 717c, 717d. 15 USC 717w.

Considera-

tion in any transfer of contractual interests pursuant to the rule required under subsection (a)(1) of this section shall be deemed iust and reasonable for pumoses of sections 4 and 5 of the N a t u r a l Gas Act if such consideration does not exceed just compensation. (2) N o person shall be subject to the jurisdiction of the Commission under the Natural Gas Act as a n a t u r a l gas-company (within the meaning of such Act) or to regulation as a common carrier under any provision of Federal or State law solely by reason of making; any sale, or engaging in any transportation, of n a t u r a l gas with respect to which contractual interests are transferred pursuant to the rule reouired under subsection (a) (\). (3) Nothing in this section shall exempt from the jurisdiction of the Commission under the N a t u r a l Gas Act any transportation in interstate commerce of n a t u r a l gas, any sale in interstate commerce for resale of natural eras, or any person engaged in such transportation or such sale to the extent such transportation, sale, o r person is subject to the jurisdiction of the Commission under such Act without regard to the transfer of contractual interests pursuant to the rule reouired under subpection fa)(1). (4) Nothinn^ in this section shall exempt any person from any obligation to obtain a certificate of public convenience and necessity for the sale in interstate commerce for resale or the transportation in interstate commerce of n a t u r a l gas with respect to which contractual interests are transferred pursuant to the rule required under subsection (a)(1). (g) VoLTTME LIMITATION.—No supplier of natural gas under any contract, with respect to which contractual interests have been transferred pursuant to the rule required under subsection (a)(1), shall be

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