Page:United States Statutes at Large Volume 92 Part 3.djvu/759

 PUBLIC LAW 95-621—NOV. 9, 1978

under this subsection and all terms and conditions established, by rule o r order, by the Commission and applicable to such sale. (6)

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TERMINATION OF SALES.—

(A) HEARING.—Upon complaint of any interested person, or upon the Commission's own motion, the Commission shall, after affording an opportunity for oral presentation of views and arguments, terminate any sale authorized under paragraph (1) if the Commission determines— (i) such termination is required to enable the intrastate pipeline involved to provide adequate service to the customers of such pipeline a t the time of such sale; (ii) such sale involves the sale of natural gas acquired by the intrastate pipeline involved solely or primarily for the purpose of resale of such natural gas pursuant to a sale authorized under paragraph (1); (iii) such sale violates any requirement of this subsection or any term or condition established, by rule or order, by the Commission and applicable to such sale; or (iv) such sale circumvents or violates any provision of this Act. (B)

(D)

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SUSPENSION PENDING H E A R I N G. — P r i o r to any h e a r i n g

or determination required under subparagraph (A), upon complaint of any interested person or upon the Commission's own motion, the Commission may suspend any sale authorized under paragraph (1) if the Commission finds that it is likely that the determinations described in subparagraph (A) will be made following the hearing required under subparagraph (A). (C) DETERMINATION.—The determination of whether any interruption of any sale authorized under paragraph (1) is required under subparagraph (A)(i) shall be made by the Commission without regard to the character of the use of n a t u r a l g a s by any customer of the intrastate pipeline involved.

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92 STAT. 3391

STATE

INTERVENTION.—Any

interested

State

may

intervene as a matter of r i g h t in any proceeding before the Commission relating to any determination under this section. (7) DISAPPROVAL o r APPLICATION.—The Commission shall dis-

approve any application for authorization of any sale under paragraph (1) if the Commission determines— (A) such sale would impair the ability of the intrastate pipeline involved to provide adequate service to its customers a t the time of such sale (without regard to the character of the use of natural gas by such customer); (B) such sale would involve the sale of natural gas acquired by the intrastate pipeline involved solely or primarily for the purpose of resale of such natural gas pursuant ' to a sale authorized under paragraph (1); (C) such sale would violate any requirement of this subsection or any term or condition established, by rule or order, by the Commission and applicable to such sale; or (D) such sale would circumvent or violate any provision of this Act. (c) TERMS AND CONDITIONS.—Any authorization granted under this section shall be under such terms and conditions as the Commission may prescribe.

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