Page:United States Statutes at Large Volume 92 Part 3.djvu/760

 92 STAT. 3392

15 USC 3372..

PUBLIC LAW 95-621—NOV. 9, 1978 SEC. 312. ASSIGNMENT OF CONTRACTUAL RIGHTS TO RECEIVE SURPLUS NATURAL GAS. (a) AUTHORIZATION OF ASSIGNMENTS.—The Commission may, byrule or order, authorize any intrastate pipeline to a s s i ^, without compensation, to any interstate pipeline or local distribution company all or any portion of such intrastate pipeline's right to receive surplus natural ^as at any first sale, upon such terms and conditions as the Commission determines appropriate. (b) EFFECT OF AUTHORIZATION UNDER SUBSECTION (a).—For the

15 USC 717w.

Ante, p. 3356.

15 USC 3373. Ante, p. 3366. Ante, p. 3363.

eflfect of an authorization under subsection (a), see section 601 (relating to the coordination of this Act with the Natural Gas Act). (c) SURPLUS NATURAL GAS.—For purposes of this section, the term "surplus natural gas" means any natural gas— (1) which is not committed or dedicated to interstate commerce on the day before the date of the enactment of this Act; (2) the first sale of which is subject to a maximum lawful price established under title I of this Act; and (3) which is determined, by the State agency having regulatory jurisdiction over the intrastate pipeline which would be entitled to receive such natural gas in the absence of any assignment to exceed the then current demands on such pipeline for natural gas. SEC. 313. EFFECT OF CERTAIN NATURAL GAS PRICES ON INDEFINITE PRICE ESCALATOR CLAUSES. (a) HIGH-COST NATURAL GAS.—No price paid in any first sale of high-cost natural gas (as defined in section 107(c)) may be taken into account in applving any indefinite price escalator clause (as defined in section 105(b)(3)(B)) with respect to any first sale of any natural gas other than high-cost natural gas (as defined in section 107(c)). (b) OTHER TRANSACTIONS.—No price paid—

15 USC 3374.

15 USC 717w.

(1) in any sale authorized under section 302(a), or (2) pursuant to any order issued under section 303(b), (c), (d),or(g}, may be taken into account in applying any indefinite price escalator clause (as defined in section 105(b)(3)(B)). SEC. 314. CLAUSES PROHIBITING CERTAIN SALES, TRANSPORTATION, AND COMMINGLING. (a) GENERAL RULE.—Any provision of any contract for the first sale of natural gas is hereby declared against public policy and unenforceable with respect to any natural gas covered by this Act if such provision— (1) prohibits the commingling of natural gas subject to such contract with natural gas subject to the jurisdiction of the Commission under the provisions of the Natural Gas Act; (2) prohibits the sale of any natural gas subject to such contract to, or transportation of any such natural gas by, any person subject to the jurisdiction of the Commission under the Natural Gas Act, or otherwise prohibits the sale or transportation in interstate commerce (within the meaning of the Natural Gas Act) of natural gas subject to such contract; or (3) terminates, or grants any party the option to terminate, any obligation under any such contract as a result of such commingling, sale, or transportation. (b) NATURAL GAS COVERED BY T H I S ACT.—For purposes of subsec-

tion (a), the term "natural gas covered by this Act" means— (1) natural gas which is not committed or dedicated to interstate commerce as of the day before the date of the enactment of this Act;

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