Page:United States Statutes at Large Volume 92 Part 3.djvu/723

 PUBLIC LAW 95-621—NOV. 9, 1978

92 STAT. 3355

section 7(c) of the N a t u r a l Gas Act for the transportation of that 15 USC 717f. n a t u r a l gas, for such user unless such natural gas is used for the generation of electricity. (20j SALE.—The term "sale" means any sale, exchange, or other transfer for value. (21) F I R S T SALE.—

(A) GENERAL RULE.—The term "first sale" means any sale of any volume of natural gas— (i) to any interstate pipeline or intrastate pipeline; (ii) to any local distribution company; (iii) to any person for use by such person; (iv) which precedes any sale described in clauses (i), (ii),or (iii); and (v) which precedes or follows any sale described in clauses (i), ( i i), (iii), or (iv) and is defined by the Commission as a first sale in order to prevent circumvention of any maximum lawful price established under this Act. (B) CERTAIN SALES NOT INCLUDED.—Clauses (i), ( i i), ( i i i), or (iv) of subparagraph (A) shall not include the sale of any volume of natural gas by any interstate pipeline, intrastate pipeline, or local distribution company, or any affiliate thereof, unless such sale is attributable to volumes of n a t u r a l gas produced by such interstate pipeline, intrastate pipeline, or local distribution company, or any affiliate thereof. (22) DELIVER.—The term "deliver" when used with respect to any first sale of natural gas, means the physical delivery from the seller; except that in the case of the sale of proven reserves in place to any interstate pipeline, any intrastate pipeline, any local distribution company, or any user of such natural gas, such term means the transfer of title to such reserves. (23) CERTIFICATE.—The term "certificate", when used with respect to the N a t u r a l Gas Act, means a certificate of public convenience and necessity issued under such Act. (24) COMMISSION.—The term "Commission" means the Federal Energy Regulatory Commission. (25) FEDERAL AGENCY.—The term " Federal agency" has the

same meaning as given such term in section 105 of title 5, United States Code. (26) PERSON.—The term "person" includes the United States, any State, and any political subdivision, agency, or instrumentality of the foregoing. (27) A J T I L I A T E. — The term "affiliate", when used in relation to any person, means another person which controls, is controlled by, or is under common control with, such person. (28) ELECTRIC UTILITY.—The term "electric utility" means any person to the extent such person is engaged in the business of the generation of electricity and sale, directly or indirectly, of electricity to the public. (29) McF.—The term "Mcf", when used with respect to n a t u r a l gas, means 1,000 cubic feet of natural gas measured a t a pressure of 14.73 pounds p e r square inch (absolute) and a temperature of 60 degrees Fahrenheit. (30) B T U. — The term " B t u " means British thermal unit. (31) M O N T H. The term " month " means a calendar month.

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