Page:United States Statutes at Large Volume 92 Part 3.djvu/716

 92 STAT. 3348

49 USC 26b.

42 USC 8482.

15 USC 792.

42 USC 8483.

PUBLIC LAW 95-620—NOV. 9, 1978 803 (a) and (b) of the Powerplant and Industrial Fuel Use Act of 1978, applications for such funds for the purpose of coal transportation shall be deemed to be for the provision of essential freight services.". (6) Section 505(d)(3) of such Act (45 U.S.C. 825) is amended— (A) by striking out in the first sentence "$600,000,000" and inserting in lieu thereof "$700,000,000", and (B) by striking out in the second sentence "$100,000,000" and inserting in lieu thereof "$150,000,000". SEC. 804. OFFICE OF RAIL PUBLIC COUNSEL. Section 27 of the Interstate Commerce Act is amended— (1) by striking out "and" at the end of paragraph (4)(d), (2) by striking out the period at the end of paragraph (4)(e) and inserting in lieu thereof "and", and (3) by inserting after paragraph (4)(e) the following: "(f) shall present the views of users, as well as the views of the general public and affected communities, and, where appropriate, providers of rail services in proceedings of Federal agencies concerning— "(1) the impact of energy proposals and actions on rail transportation, and "(2) whether transportation policies are consistent with National energy policies.". SEC. 805. RETROACTIVE APPLICATION OF CERTAIN REMEDIAL ORDERS. (a) GENERAL RULE.—Section 503 of the Department of Energy Organization Act (42 U.S.C. 7193) is amended by adding at the end thereof the following new subsection; "(g) With respect to any person whose sole petroleum industry operation relates to the marketing of petroleum products, the Secretary or any person acting on his behalf may not exercise discretion to maintain a civil action (other than an action for injunctive relief) or issue a remedial order against such person for any violation of any rule or regulation if— " (1) such civil action or order is based on a retroactive application of such rule or regulation or is based upon a retroactive interpretation of such rule or regulation; and " (2) such person relied in good faith upon rules, regulations, or ruling in effect on the date of the violation interpreting such rules or regulations.". (b) TECHNICAL CONFORMING AMENDMENTS.—In subsections (e) and (f) of such section 503, insert "preceding provisions of" before "this section". SEC. 806. ANNUAL REPORT. The Secretary shall submit to the Congress on March 1 of each year a detailed report prepared by hin> in conjunction with the Administrator of the Environmental Protection Agency of the actions taken under this Act ajid under section 2 of the Energy Supply and Environmental Coordination Act of 1974 during the preceding calendar year, and the actions to be taken. Each such report shall include data on the effectiveness of this Act in achieving the purposes of this Act. SEC. 807. SUBMISSION OF REPORTS. Copies of any report required by this Act to be submitted to the Congress shall be separately submitted to the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

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