Page:United States Statutes at Large Volume 92 Part 3.djvu/768

 9 2 STAT. 3400

PUBLIC LAW 95-621—NOV. 9, 1978 (d) E F F E C T OF DETERMINATION S. — For purposes of t h i s Act—

(1) GENERAL RULE.—Any final determination referred to in subsection (a)(1) made by a Federal o r State agency (or by the Commission under subsection (c)(2)) which relates to any n a t u r a l gas and which is no longer subject to review by the Commission under this section or to judicial review shall thereafter be binding with respect to such n a t u r a l ^as. The preceding sentence shall not apply to any final determination— (A) if i n making such determination the Commission or such Federal or State agency relied on any untrue statement of a material fact; or (B) if there was omitted a statement of material fact necessary in order to make the statements made not misleading, in light of the circumstances under which they were made, to the Federal or State agency i n making such final determination or to the Commission i n reviewing such determination. (2) APPLICATION OF TITLE 18.—Any u n t r u e statement or omission

of material fact to a Federal or State agency upon which the Commission relied shall be deemed to be statement o r entry under section 1001 of title 18, United States Code. (e) I N T E R I M COLLECTION o r MAXIMUM I^AWFUL P R I C E. — (1) COLLECTION OF SECTION 109 PRICE.— (A) GENERAL RULE.—Effective b e g i n n i n g on the first day

Ante, p. 3368.

of the first month beginning after the date of the enactment of this Act, a seller of n a t u r a l gas which is produced from a new well may, i n accordance with subparagraph (B), charge and collect the appropriate maximum lawful price under section 109 for any first sale of such n a t u r a l gas. (B) REQUIREMENTS.—^A seller may charge and make collections under subparagraph (A) only in accordance with the following requirements: (i) SWORN STATEMENT.—Before any suoh

collection

is made, the seller shall file with the Commission, and any Federal or State agency h a v i n g authority to make determinations referred to i n subsection (a)(1), a written sworn statement that such n a t u r a l gas is produced from a new well and that such seller believes in good faith that such n a t u r a l g a s is eligible under t h i s Act to be sold at a price not less than the appropriate maximimi lawful price under section 109. ( l i) P E T I T I O N FOR DETERMINATION.—Within 90 days

after the date of the enactment of this Act, the seller files a petition to such Federal or State agency for a determination under this section. (iii) COLLECTION SUBJECT TO REFUND.—Any such col-

lection made by the seller pending a determination under this section shall be collected subject to a condition of refund, w i t h interest, in the event it is determined by such Federal or State agency that the applicable maximum lawful price is lower than that provided under section 109. (2) ALTERNATE INTERIM COLLECTION AUTHORITY.—

(A) GENERAL RULE.—Promptly after the date of the enactment of this Act, the Commission shall, by rule or order, provide one or more methods under which a seller of natural gas may, i n accordance w i t h requirements established, and

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