Page:United States Statutes at Large Volume 92 Part 3.djvu/742

 92 STAT. 3374

PUBLIC LAW 95-621—NOV. 9, 1978 ( A)

during an appropriate period preceding the month during which delivery of such natural gas occurs; divided by (B) a B t u conversion factor of 5.8 mililon Btu's per barreL

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(8) ALASKA NATURAL GAS TRANSPORTATION SYSTEM.—In the case

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of natural gas produced from the P r u d h o e B a y U n i t of Alaska and transported through the natural gas transportation system approved under the Alaska N a t u r a l Gas Transportation Act of 1976— (A) any portion of the first sale acquisition cost of such natu r a l g a s which is not described in subparagraph (B) and which exceeds the maximum lawful price, per million Btu's, computed under section 109 (relating to other categories of natural gas) for the month in which delivery of such natural gas occurs, without regard to section 110; and (B) any amount paid to any person (other than the producer of such natural gas or an affiliate of such producer) for, or attributable to, any compressing, gathering, processing, treating, liquefying, or t r a n s p o r t i n g such natural gas, or any similar service provided with respect to such natural gas, before the delivery of such natural gas to such system.

15 USC 719 note. ,

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(9) INCREASED STATE SEVERANCE TAXES.— (A) INCREASES INCLUDED.—Any p o r t i o n of the cost of

n a t u r a l gas a t any first sale attributable to any increase in the amount of State severance taxes (as defined in section 110 (c)) which results from a provision of State law enacted on or after December 1, 1977. %

(B) CERTAIN CHANGES ALLOWED I N METHOD OF COMPUTING

TAX.—Subparagraph (A) shall not apply to any increase in. State severance taxes resulting from a change in the method of computation of such tax by reason of any provision of State law enacted on o r after December 1, 1977, if— (i) as of the effective date of such change i n method of computation, such increase does not result in an increase in the level of such tax, expressed as a percentage of the weighted average first sale price of natural gas J produced in such State, above the percentage of such average first sale price which such tax constituted on the -,„,..,,„, day before such effective date; and (ii) such provision of law is equally applicable to n a t u r a l gas produced i n such State and delivered in interstate commerce and to natural gas produced in such State and not so delivered. (C) DETERMINATION o r AVERAGE PRICE.—The price to be

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used i n determining the weighted average first sale price for purposes of clause (i) shall be the price paid a t the first sale which is used by such State in administering such tax (or an imputed value, if the State uses an event other than a first sale in administering such tax). (10) PURCHASES UNDER SECTION 311.-—In the case of any sale

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of n a t u r a l gas authorized under section 311, any portion of any amount paid, per million Btu's, in the acquisition of such natural g a s i n any such sale which exceeds the incremental pricing threshold applicable for the month in which such acquisition occurs. (11) SURCHARGES PAID TO OTHER PIPELINES.—The amount of any surcharge (described in section 204(c)(3)) paid by any interstate pipeline for n a t u r a l g a s acquired by such pipeline from another interstate pipeline.

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