Page:United States Statutes at Large Volume 92 Part 3.djvu/769

 PUBLIC LAW 95-621—NOV. 9, 1978

92 STAT. 3 4 0 1

for such period as may be prescribed, under such rule or order, charge and collect for any first sale of such natural gas the maximum lawful price under title I for which a peti- ^".te, p. 3356. tion is filed for a determination under this section i n any case in which such price exceeds the a p p r o p r i a t e maximum lawful price under section 109. Ante, p. 3368. (B) COLLECTION SUBJECT TO REFUND.—Any such collec-

tion made by the seller pending a determination under section 603 shall be collected subject to a condition of refund, with interest. Such refund with interest shall be paid, in accordance with the rule under subparagraph (A), unless it is determined under this Act that the applicable maximum lawful price is equal to or greater than that collected. I n addition, such seller shall comply with such requirements as the Commission shall prescribe in the applicable rule or order to provide adequate assurance that funds, to the extent attributable to a price in excess of the a p p r o p r i a t e maximum lawful price under title I are available in the event of such refund. (3)

COLLECTION AFTER INITIAL DETERMINATION.—

(A) GENERAL RULE.—Effective beginning on the date of the notice of a determination under subsection (a)(2), a seller of n a t u r a l gas covered by such determination may, in accordance with subparagraph (B), charge and collect the appropriate maximum lawful price applicable under such determination. (B) REQUIREMENTS.—A seller may charge and make collections under subparagraph (A) if such collection is subject to conditions prescribed by the Commission to assure refund, with interest, in the event it is determined under this Act that the applicable maximum lawful price is lower than that provided under section 109. SEC. 504. ENFORCEMENT. (a) GENERAL RULE. — I t shall be unlawful for any person— (1) to sell natural gas at a first sale price in excess of any applicable maximum lawful price under this Act; or (2) to otherwise violate any provision of this Act or any rule or order under this Act. (b)

CIVIL ENFORCEMENT.^—

(1) IN GENERAL,—Except as provided in paragraph s (2) and (3), whenever it appears to the Commission that any person is engaged or about to engage in any act or practice which constitutes or will constitute a violation of any provision of this Act, or of any rule or order thereunder, the Commission may b r i n g an action in the District Court of the United States for the District of Columbia or any other appropriate district court of the United States to enjoin such act or practice and to enforce compliance with this Act, or any rule or order thereunder. (2)

ENFORCEMENT OF EMERGENCY ORDERS.—"Whenever i t a p p e a r s

to the President that any person has engaged, is engaged, or is about to engage in acts or practices constituting a violation of any order under section 302 or any order or supplemental order issued under section 303, the President may b r i n g a civil action in any appropriate district court of the United States to enjoin such acts or practices.

39-194 O—80—pt. 3

49: QL3

15 USC 3414.

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