Page:United States Statutes at Large Volume 92 Part 3.djvu/736

 92 STAT. 3368

15 USC 3319.

15 USC 717w.

15 USC 719 note.

PUBLIC LAW 95-621—NOV. 9, 1978 (ii) any d a y during which n a t u r a l g a s is not produced if production during such d a y is prohibited by a requirement of State law or a conservation practice recognized or approved by the State agency having regulatory jurisdiction over the production of n a t u r a l gas. (B) 90-DAY PRODUCTION PERIOD.—The term "90-day production period" means any period of 90 consecutive calendar days excluding any d a y during which n a t u r a l gas is not produced for reasons other than voluntary action of any person with the r i g h t to control production of n a t u r a l g a s from such well. (C) NoNAssociATED NATURAL GAS.—The term "nonassociated n a t u r a l g a s " means n a t u r a l gas which is not produced in association with crude oil. SEC. 109. CEILING PRICE FOR OTHER CATEGORIES OF NATURAL GAS. (a) APPLICATION.—The maximum lawful price computed under subsection (b) shall apply to any first sale of any n a t u r a l gas delivered during any month, in the case of any n a t u r a l gas which is not covered by any maximum lawful price under any other section of t h i s subtitle, including— (1) n a t u r a l gas produced from any new well not otherwise qualifying for a higher maximum lawful price under this title; (2) n a t u r a l gas committed or dedicated to interstate commerce on the d a y before the date of the enactment of this Act and for which a just and reasonable rate under the N a t u r a l G a s Act was not in effect on such date for the first sale of such n a t u r a l g a s; (3) n a t u r a l g a s which was not committed or dedicated to interstate commerce on the day before the date of the enactment of this Act and which was not subject to a n existing contract on such d a y; and (4) n a t u r a l gas produced from the P r u d h o e B a y U n i t of Alaska and transported through the n a t u r a l g a s transportation system approved under the Alaska N a t u r a l Gas Transportation Act of 1976. (b) MAXIMUM LAWFUL PRICE.—

(1) The maximum lawful price under this section for any month shall be— (A) $1.45 p e r million Btu's, in the case of April 1977; and (B) in the case of any month thereafter, the maximum lawful price, p e r million Btu's, prescribed under t h i s paragraph for the preceding month multiplied by the monthly equivalent of the annual inflation adustment factor applicable for such month. (2) C E I L I N G PRICES MAY BE INCREASED I F J U S T AND REASONABLE.—

15USe717w.

15 USC 3320.

The Commission may, by rule or order, prescribe a maximum lawful ceiling price, applicable to any first sale of any n a t u r a l g a s (or category thereof, as determined by the Commission) otherwise subject to the preceding provisions of this section, if such price is—• (A) higher than the maximum lawful price which would otherwise be applicable under such provisions; and (B) just and reasonable within the meaning of the N a t u r a l Gas Act. SEC. 110. TREATMENT OF STATE SEVERANCE TAXES AND CERTAIN PRODUCTION-RELATED COSTS. (a) ALLOWANCE FOR STATE SEVERANCE TAXES AND CERTAIN PRODUC-

TION-RELATED COSTS.—Except as provided in subsection (b), a price for the first sale of n a t u r a l gas shall not be considered to exceed the

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