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15 U.S.C. § 3413 — Administrative procedure

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3413 — Administrative procedure

**(a) Administrative Procedure Act** Subject to subsection (b), the provisions of subchapter II of chapter 5 of title 5 shall apply to any rule or order issued under this chapter having the applicability and effect of a rule as defined in [section 551(4) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/4&num=0&edition=prelim); except that sections 554, 556, and 557 of such title 5 shall not apply to any order under such section 3361, 3362, or 3363 of this title. **(b) Opportunity for oral presentations** To the maximum extent practicable, an opportunity for oral presentation of data, views, and arguments shall be afforded with respect to any proposed rule or order described in subsection (a) (other than an order under section 3361, 3362, or 3363 of this title). To the maximum extent practicable, such opportunity shall be afforded before the effective date of such rule or order. Such opportunity shall be afforded no later than 30 days after such date in the case of a waiver of the entire comment period under [section 553(d)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/d/3&num=0&edition=prelim), and no later than 45 days after such date in all other cases. A transcript shall be made of any such oral presentation. **(c) Adjustments** The Commission or any other Federal officer or agency authorized to issue rules or orders described in subsection (a) (other than an order under section 3361, 3362, or 3363 of this title) shall, by rule, provide for the making of such adjustments, consistent with the other purposes of this chapter, as may be necessary to prevent special hardship, inequity, or an unfair distribution of burdens. Such rule shall establish procedures which are available to

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Source location: Title 15, Chapter 60, § 3413; chapter-060-natural-gas-policy.md

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3416 — Intervention

**(a) Authority to intervene** (1) **Intervention as matter of right** — The Secretary of Energy may intervene as a matter of right in any proceeding relating to the prorationing of, or other limitations upon, natural gas production which is conducted by any State agency having regulatory jurisdiction over the production of natural gas. (2) **Enforcement of right to intervene** — The Secretary may bring an action in any appropriate court of the United States to enforce his right to intervene under paragraph (1). (3) **Access to information** — As an intervenor in a proceeding described in subsection (a), the Secretary shall have access to information available to other parties to the proceeding if such information is relevant to the issues to which his participation in such proceeding relates. Such information may be obtained through reasonable rules relating to discovery of information prescribed by the State agency. **(b) Access to State courts** (1) **Review in State courts** — The Secretary may obtain review of any determination made in any proceeding described in subsection (a)(1) in the appropriate State court if the Secretary intervened or otherwise participated in the original proceeding or if State law otherwise permits such review. (2) **Participation as amicus curiae** — In addition to his authority to obtain review under paragraph (1), the Secretary may also participate an 11 So in original. Probably should be “as”. amicus curiae in any judicial review of any proceeding described in subsection (a)(1).

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 45K — Credit for producing fuel from a nonconventional source

**(a) Allowance of credit** For purposes of section 38, the nonconventional source production credit determined under this section for the taxable year is an amount equal to— (1) $3, multiplied by (2) the barrel-of-oil equivalent of qualified fuels— (A) sold by the taxpayer to an unrelated person during the taxable year, and (B) the production of which is attributable to the taxpayer. **(b) Limitations and adjustments** (1) **Phaseout of credit** — The amount of the credit allowable under subsection (a) shall be reduced by an amount which bears the same ratio to the amount of the credit (determined without regard to this paragraph) as— (A) the amount by which the reference price for the calendar year in which the sale occurs exceeds $23.50, bears to (B) $6. (2) **Credit and phaseout adjustment based on inflation** — The $3 amount in subsection (a) and the $23.50 and $6 amounts in paragraph (1) shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale occurs. In the case of gas from a tight formation, the $3 amount in subsection (a) shall not be adjusted. (3) **Credit reduced for grants, tax-exempt bonds, and subsidized energy financing** (A) *In general* — The amount of the credit allowable under subsection (a) with respect to any project for any taxable year (determined after the application of paragraphs (1) and (2)) shall be reduced by the amount which is the product of the amount so determined for such year and a fraction— (i) the numerator of which is the sum, for the taxable year and all prior taxable years, of— (I) grants provided by the United States, a State, or a political subdivision of a State for use in connection with the project, (II) proceeds of any

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 613A — Limitations on percentage depletion in case of oil and gas wells

**(a) General rule** Except as otherwise provided in this section, the allowance for depletion under section 611 with respect to any oil or gas well shall be computed without regard to section 613. **(b) Exemption for certain domestic gas wells** (1) **In general** — The allowance for depletion under section 611 shall be computed in accordance with section 613 with respect to— (A) regulated natural gas, and (B) natural gas sold under a fixed contract, and 22 percent shall be deemed to be specified in subsection (b) of section 613 for purposes of subsection (a) of that section. (2) **Natural gas from geopressured brine** — The allowance for depletion under section 611 shall be computed in accordance with section 613 with respect to any qualified natural gas from geopressured brine, and 10 percent shall be deemed to be specified in subsection (b) of section 613 for purposes of subsection (a) of such section. (3) **Definitions** — For purposes of this subsection— (A) *Natural gas sold under a fixed contract* — The term “natural gas sold under a fixed contract” means domestic natural gas sold by the producer under a contract, in effect on February 1, 1975, and at all times thereafter before such sale, under which the price for such gas cannot be adjusted to reflect to any extent the increase in liabilities of the seller for tax under this chapter by reason of the repeal of percentage depletion for gas. Price increases after February 1, 1975, shall be presumed to take increases in tax liabilities into account unless the taxpayer demonstrates to the contrary by clear and convincing evidence. (B) *Regulated natural gas* — The term “regulated natural gas” means domestic natural gas produced and sold by the producer, before July 1, 1976, subject to the jurisdic

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3413 — Repealed. Pub. L. 101–60, § 3(b)(5), July 26,

Page 2013 TITLE 15—COMMERCE AND TRADE § 3414 Such opportunity shall be afforded no later than 30 days after such date in the case of a waiver of the entire comment period under section 553(d)(3) of title 5, and no later than 45 days after such date in all other cases. A transcript shall be made of any such oral presentation. (c) Adjustments The Commission or any other Federal officer or agency authorized to issue rules or orders de- scribed in subsection (a) (other than an order under section 3361, 3362, or 3363 of this title) shall, by rule, provide for the making of such ad- justments, consistent with the other purposes of this chapter, as may be necessary to prevent special hardship, inequity, or an unfair distribu- tion of burdens. Such rule shall establish proce- dures which are available to any person for the purpose of seeking an interpretation, modifica- tion, or rescission of, exception to, or exemption from, such applicable rules or orders. If any per- son is aggrieved or adversely affected by the de- nial of a request for adjustment under the pre- ceding sentence, such person may request a re- view of such denial by the officer or agency and may obtain judicial review in accordance with section 3416 of this title when such denial be- comes final. The officer or agency shall, by rule, establish procedures, including an opportunity for oral presentation of data, views, and argu- ments, for considering requests for adjustment under this subsection. (Pub. L. 95–621, title V, § 502, Nov. 9, 1978, 92 Stat. 3397; Pub. L. 101–60, § 3(a)(3), July 26, 1989, 103 Stat. 158.) Editorial Notes AMENDMENTS 1989—Subsec. (d). Pub. L. 101–60 struck out subsec. (d) which directed that any determination made under sec- tion 3347(c) of this title be ma

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