Page:United States Statutes at Large Volume 92 Part 3.djvu/756

 92 STAT. 3388

PUBLIC LAW 95-621—NOV. 9, 1978

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(B) such action was not taken for the purpose of injuring competition; and (C) any such meeting complied with the requirements of paragraph (2). Persons interposing the defense provided by this subsection shall have the burden of proof, except that the burden shall be on the person against whom the defense is asserted with respect to whether the actions were taken for the purpose of injuring competition. (2) REQUIREMENTS o r MEETINGS.—With respect to any meeting

held pursuant to a request by the President under section 303(g) or pursuant to an order under section 303— , (A) there shall be present a t such meeting a full-time Federal employee designated for such purposes by the Attorney General; (B) a full and complete record of such meeting shall be taken and deposited, together with any agreements resulting therefrom, with the Attorney General, w h o shall make it ,-j available for public inspection and copying; (G) the Attorney General and the Federal Trade Commission shall have the opportunity to participate from the beginning in the development and carrying out of agreements and actions under section 303, in order to propose any alternative which would avoid or overcome, to the greatest extent practicable, possible anticompetitive effects while achieving substantially the purposes of section 303 and any order thereunder; and (D) such other procedures as may be specified by the President in such request or order shall be complied with. (f) E F F E C T ON CERTAIN CONTRACTUAL OBLIGATIONS.—There shall be

available as a defense to any action brought for breach of contract under Federal or State Law arising out of any act or omission that such act was taken or that such omission occurred for purposes of complying with any order issued under section 303. (g) PREEIVIPTION.—Any order issued pursuant to this title shall preempt any provision of any program for the allocation, emergency delivery, transportation, or purchase of n a t u r a l gas established by any State or local government if such program is in conflict with any such order.

Subtitle B—Other Authorities and Requirements SEC. 311. AUTHORIZATION OF CERTAIN SALES AND TRANSPORTATION. 15 USC 3371.

(a) COMMISSION APPROVAL OF TRANSPORTATION.— (1) INTERSTATE P I P E L I N E S. —

(A) IN GENERAL,—The Commission may, by rule or order, authorize any interstate pipeline to t r a n s p o r t n a t u r a l gas on behalf of— (i) any intrastate pipeline; and ';• •. 1 (ii) any local distribution company. (B) J U S T AND REASONABLE RATES.—The r a t e s and charges

15 USC 717w.

of any interstate pipeline with respect to any transportation authorized under subparagraph (A) shall be just and reasonable (within the meaning of the N a t u r a l Gas Act).

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