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provided for under section 122(c)(2) of the Natural Gas Policy Act of 1978.".

(3) RESOLUTION OF DISAPPROVAL OF INCREMENTAL PRICING ACTION.—The term “resolution of disapproval”, when used with respect to incremental pricing rules, means a resolution the matter after the resolving clause of which is as follows:“That the

does not approve the proposed rule under section of the Natural Gas Policy Act of 1978 (relating to incremental pricing of natural gas) a copy of which was trasnmitted to the Congress on

.", the first blank being filled with the House in which such resolution is introduced, the second blank space being filled with the section under which proposed rule was issued, and the following blank spaces being filled with the appropriate date. For purposes of this paragraph, the term “rule” means any rule or any amendment thereto (other than a technical

or clerical amendment). (d) EXPEDITED PROCEDURE.(1) CONGRESSIONAL RULEMAKING POWER.—

2.-This subsection is enacted by Congress

(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of resolutions described by paragraph (2) of this subsection; and it supersedes other rules only to the extent that it is inconsistent therewith; and

(B) With full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of the

House. (2) REFERRAL.-A resolution described by paragraph (2) once introduced with respect to any submittal shall immediately be referred to a committee (and all resolutions with respect to the same submittal shall be referred to the same committee) by the President of the Senate or the Speaker of the House of Representatives, as the case may be. (3) DISCHARGE.

(A) IN GENERAL.-If the committee to which a resolution with respect to a submittal has been referred has not reported it at the end of 20 calendar days after its referral, it shall be in order to move either to discharge the committee from further consideration of such resolution or to discharge the committee from further consideration of any other resolution with respect to such submittal which has been referred to the committee.

(B) MOTIONS.—A motion to discharge may be made only by an individual favoring the resolution, shall be highly privileged (except that it may not be made after the committee has reported a resolution with respect to the same submittal) and debate thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to.

(C) RENEWAL.-If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to

any other resolution with respect to the same submittal. (4) FLOOR CONSIDERATION.

(A) MOTION TO CONSIDER.—When the committee has reported, or has been discharged from further consideration of, a resolution, it shall be at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion shall be highly privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to.

(B) DEBATE AND CONSIDERATION.-Debate on the resolution referred to in subparagraph (A) of this paragraph shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing such resolution. A motion further to limit debate shall not be debatable. An amendment to, or motion to recommit, the resolution shall not be in order, and it shall not be in order to move to reconsider the vote by which such resolution

was agreed to or disagreed to.
(6) DETERMINATION ON MOTIONS.-

(A) MOTIONS TO POSTPONE OR TO PROCEED TO OTHER BUSINESS.-Motions to postpone, made with respect to the discharge from committee, or the consideration of a resolution and motions to proceed to the consideration of other business, shall be decided without debate.

(B) APPEALS FROM THE DECISION OF THE CHAIR.—Appeals from the decision of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution

shall be decided without debate. (7) SUBSEQUENT ACTION.—Notwithstanding any of the provisions of this subsection, if a House has approved a resolution with respect to a submittal, then it shall not be in order to consider in that House any other resolution with respect to the same

such submittal. SEC. 508. TECHNICAL PROVISIONS.

(a) SECTION 645 OF THE DEPARTMENT OF ENERGY ORGANIZATION Act.—Section 645 of the Department of Energy Organization Act is amended by inserting at the

end thereof the following now sentence: "For purposes of carrying out its responsibilities under the Natural Gas Policy Act of 1978, the Commission shall have the same powers and authority as the Secretary has under this section.”.

(b) SECTION 301 (a) OF THE DEPARTMENT OF ENERGY ORGANIZATION ACT.-In order to obtain information for the purpose of carrying out its functions under this Act, the Commission shall have the same authority as is vested in the Secretary under section 301 (a) of the Department of Energy Organization Act with respect to the exercise of authority under section 11(b) of the Energy Supply and Environmental Coordination Act of 1974 and sections 13 (b), (c), and (d) of the Federal Energy Administration Act of 1974.

TITLE VI–COORDINATION WITH NAT. URAL GAS ACT; MISCELLANEOUS PROVISIONS

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SEC. 601. COORDINATION WITH THE NATURAL GAS ACT.

(a) JURISDICTION OF THE COMMISSION UNDER THE NATURAL Gas ACT.

(1) SALES.

(A) NATURAL GAS NOT COMMITTED OR DEDICATED.poses of section 1(b) of the Natural Gas Act, effective on the first day of the first month beginning after the date of the enactment of this Act, the provisions of the Natural Gas Act and the jurisdiction of the Commission under such Act shall not apply to natural gas which was not committed or dedicated to interstate commerce as of the day before the date of enactment of this Act solely by reason of any first sale of such natural gas.

(B) COMMITTED OR DEDICATED NATURAL GAS.—Effective beginning on the first day of the first month beginning after the date of the enactment of this Act, for purposes of section 1(b) of the Natural Gas Act, the provisions of such Act and the jurisdiction of the Commission under such Act shall not apply solely by reason of any first sale of natural gas which is committed or dedicated to interstate commerce as of the day before the date of the enactment of this Act and which is

(i) high-cost natural gas (as defined in section 107 (c) (1), (2), (3), or (4) of this Act);

(ii) new natural gas (as defined in section 102(c) of this Act); or

(iii) natural gas produced from any new, onshore production well (as defined in section 103(c) of this Act). (C) AUTHORIZED SALES OR ASSIGNMENTS.–For purposes of section 1(b) of the Natural Gas Act, the provisions of the Natural Gas Act and the jurisdiction of the Commission under such Act shall not apply by reason of any sale of natural gas

(i) authorized under section 302(a) or 311(b); or

(ii) pursuant to any assigned authorized under section 312(a). (D) NATURAL-GAS COMPANY.–For purposes of the Natural Gas Act, the term "natural-gas company” (as defined in section 2(6) of such Act) shall not include any person by reason of, or with respect to, any sale of natural gas if the provisions of the Natural Gas Act and the jurisdiction of the Commission do not apply to such sale solely by reason of subparagraph (A), (B), or (C) of this paragraph.

(E) ALASKAN NATURAL GAS.-Subparagraph (B) (ii) and (iii) shall not apply with respect to natural gas produced from the Prudhoe Bay unit of Alaska and transported through the transportation system approved under the Álaska Natural Gas Transportation Act of 1976. (2) TRANSPORTATION.

(A) JURISDICTION OF THE COMMISSION.–For purposes of section 1(b) of the Natural Gas Act the ons of such Act and the jurisdiction of the Commission under such Act shall not apply to any transportation in interstate commerce of natural gas if such transportation is

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(i) pursuant to any order under section 302(c) or sec-
tion 303 (b), (c), (d), or (h) of this Act; or

(ii) authorized by the Commission under section 311
(a) of this Act.
(B) NATURAL-GAS COMPANY.-For purposes of the Natural
Gas Act, the term “natural-gas company” (as defined in sec-
tion 2(6) of such Act) shall not include any person by reason
of, or with respect to, any transportation of natural gas if the
provisions of the Natural Gas Act and the jurisdiction of the
Commission under the Natural Gas Act do not apply to such
transportation by reason of subparagraph (A) of this

paragraph.
(b) CHARGES DEEMED JUST AND REASONABLE.-
(1) SALES.-

(A) FIRST SALES.–Subject to paragraph (4), for purposes of sections 4 and 5 of the Natural Gas Act, any amount paid in any first sale of natural gas shall be deemed to be just and reasonable if

(i) such amount does not exceed the applicable maximum lawful price established under title I of this Act;

(ii) there is no applicable maximum lawful price solely
by reason of the elimination of price controls pursuant

to subtitle B of title I of this Act.
(B) EMERGENCY SALES.—For purposes of sections 4 and 5
of the Natural Gas Act, any amount paid in any sale author.
ized under section 302(a) shall be deemed to be just and rea-
sonable if such amount does not exceed the fair and equitable
price established under such section and applicable to such
sale.

(C) SALES BY INTRASTATE PIPELINES.-For purposes of sec-
tions 4 and 5 of the Natural Gas Act, any amount paid in any
sale authorized by the Commission under section 311(b) shall
be deemed to be just and reasonable if such amount does not
exceed the fair and equitable price established by the Commis-
sion and applicable to such sale.

(D) ASSIGNMENTS.—For purposes of sections 4 and 5 of the Natural Gas Act, any amount paid pursuant to the terms of any contract with respect to that portion of which the Commission has authorized an assignment authorized under section 312(a) shall be deemed to be just and reasonable if such amount does not exceed the applicable maximum lawful price established under title I of this Act.

(E) AFFILIATED ENTITIES LIMITATION.- For purposes of paragraph (1), in the case of any first sale between any interstate pipeline and any affiliate of such pipeline, any amount paid in any first sale shall be deemed to be just and reasonable if, in addition to satisfying the requirements of such paragraph, such amount does not exceed the amount paid in comparable first sales between persons not affiliated with such interstate pipeline. (2) OTHER CHARGES.

(A) ALLOCATION.–For purposes of sections 4 and 5 of the Natural Gas Act, any amount paid by any interstate pipeline for transportation, storage, delivery or other services provided pursuant to any order under section 303 (b), (c), or (d) of this Act shall be deemed to be just and reasonable if

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 amo’int paid by any interstate pipeline for any transportation authorized by the Commission 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. (c) GUARANTEED PASSTHROUGH.

(1) CERTIFICATE 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.

() 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 Stato 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 Act.

Approved November 9, 1978.

LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95-437 (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: Nov. 9, Presidential statement.

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