Page:United States Statutes at Large Volume 92 Part 3.djvu/779

 PUBLIC LAW 95-621—NOV. 9, 1978 such amount is prescribed by the President under section 303(h)(1). (B) TRANSPORTATION.—For purposes of sections 4 and 5 of the Natural Gas Act, any amount paid by any interstate pipeline for any transportation authorized by the Comraission under section 311(a) of this Act shall be deemed to be just and reasonable if such amount does not exceed that approved by the Commission under such section,

92 STAT. 3411 Ante, p. 33S3. 15 USC 717c, ^^^°" ^rite, p. 3388.

(c) GUARANTEED PASSTHROUGH.— (1) CERTTFICATE MAY NOT BE DENIED BASED UPON PRICE.—The

Commission may not deny, or condition the grant of, any certificate under section 7 of the Natural Gas Act based upon the amount paid in any sale of natural gas, if such amount is deemed to be just and reasonable under subsection (b) of this section. (2) RECOVERY OF JUST AND REASONABLE PRICES PAID.—For purposes of sections 4 and 5 of the Natural Gas Act, the Commission may not deny any interstate pipeline recovery of any amount paid with respect to any purchase of natural gas if— (A) under subsection (b) of this section, such amount is deemed to be just and reasonable for purposes of sections 4 and 5 of such Act, and (B) such recovery is not inconsistent with any requirement of any rule under section 201 (including any amendment under section 202), except to the extent the Commission determines that the amount paid was excessive due to fraud, abuse, or similar grounds. SEC. 602. EFFECT ON STATE LAWS.

15 USC 717f.

15 USC 717c, ^1^*^-

Ante, p. 3371. ^««e, p. 3372.

(a) AUTHORITY To PRESCRIBE LOWER MAXIMUM LAWFUL. PRICES.—

Nothing in this Act shall affect the authority of any State to establish or enforce any maximum lawful price for the first sale of natural gas produced in such State which does not exceed the applicable maximum lawful price, if any, under title I of this Act. (b) COMMON CARRIERS.—No person shall be subject to regulation as a common carrier under any provision of Federal or State law by reason of any transportation— (1) pursuant to any order under section 302(c) or section 303 (b), (c), (d),or (i) of this Act; or (2) authorized by the Commission under section 311(a) of this j^ct.' -^ ^ ^ Approved November 9, 1978. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 96-437 (Comm. on Ways and Means) and No. 95-1752 (Comm. of Conference). SENATE REPORTS: No. 95-423 (Comm. on Finance) and No. 95-1126 (Comm. of Conference). CONGRESSIONAL RECORD: Vol. 123 (1977): July 18, considered and passed House. Oct. 4, considered and passed Senate, amended. Oct. 13, House agreed to certain Senate amendments; agreed to Senate amendment No. 8 with an amendment. Vol. 124 (1978): Sept. 12-15, 18, 19, 25, 27, Senate agreed to conference report and to House amendment of Senate amendment No. 8. Oct. 15, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 14, No. 45 (1978): Nov. 9, Presidential statement.

15 USC 3432. Ante, p. 3356.

Ante, pp. 3382, ^^^^• Ante, p. 3388.

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