15 U.S.C. § 3375 — Filing of contracts and agreements

Page 2010 TITLE 15—COMMERCE AND TRADE § 3374 Editorial Notes REFERENCES IN TEXT Sections 3315 and 3317 of this title, referred to in text, were repealed effective Jan. 1, 1993, by Pub. L. 101–60, § 2(b), July 26, 1989, 103 Stat. 158. AMENDMENTS 1989—Pub. L. 101–60 inserted ‘‘, as such section was in effect on January 1, 1989’’ in four places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–60 effective Jan. 1, 1993, see section 3(b) of Pub. L. 101–60, set out as a note under section 3372 of this title. § 3374. Clauses prohibiting certain sales, trans- portation, and commingling (a) General rule Any provision of any contract for the first sale of natural gas is hereby declared against public policy and unenforceable with respect to any natural gas covered by this chapter if such pro- vision— (1) prohibits the commingling of natural gas subject to such contract with natural gas sub- ject to the jurisdiction of the Commission under the provisions of the Natural Gas Act [15 U.S.C. 717 et seq.]; (2) prohibits the sale of any natural gas sub- ject to such contract to, or transportation of any such natural gas by, any person subject to the jurisdiction of the Commission under the Natural Gas Act [15 U.S.C. 717 et seq.], or oth- erwise prohibits the sale or transportation in interstate commerce (within the meaning of the Natural Gas Act) of natural gas subject to such contract; or (3) terminates, or grants any party the op- tion to terminate, any obligation under any such contract as a result of such commingling, sale, or transportation. (b) Natural gas covered by this chapter For purposes of subsection (a), the term ‘‘nat- ural gas covered by this chapter’’ means— (1) natural gas which is not committed or dedicated to interstate commerce as of No- vember 8, 1978; (2) natural gas, the sale in interstate com- merce of which— (A) is authorized under section 3362(a) or 3371(b) of this title; or (B) is pursuant to an assignment under section 3372(a) of this title; and, (3) natural gas, the transportation in inter- state commerce of which is— (A) pursuant to any order under section 3362(c) or section 3363(b), (c), (d), or (h) of this title; or (B) authorized by the Commission under section 3371(a) of this title. (Pub. L. 95–621, title III, § 314, Nov. 9, 1978, 92 Stat. 3392.) Editorial Notes REFERENCES IN TEXT The Natural Gas Act, referred to in subsec. (a)(1), (2), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classi- fied generally to chapter 15B (§ 717 et seq.) of this title. For complete classification of this act to the Code, see section 717w of this title and Tables. § 3375. Filing of contracts and agreements The Commission may, by rule or order, require any first sale purchaser of natural gas under a new contract, a successor to an existing con- tract, or a rollover contract to file with the Commission a copy of such contract, together with all ancillary agreements and any existing contract applicable to such natural gas. (Pub. L. 95–621, title III, § 315, Nov. 9, 1978, 92 Stat. 3393; Pub. L. 100–439, §§ 1, 2(a), (b)(1), Sept. 22, 1988, 102 Stat. 1720; Pub. L. 101–60, § 3(a)(2), July 26, 1989, 103 Stat. 158.) Editorial Notes AMENDMENTS 1989—Pub. L. 101–60, in section catchline, substituted ‘‘Filing of contracts and agreements’’ for ‘‘Contract du- ration; filing of contracts and agreements’’, and in text, struck out subsec. (a) designation, heading ‘‘Con- tract duration’’, and text relating to power of Commis- sioner to specify minimum duration of contracts for purchase of natural gas and requiring nondiscrim- inatory exercise of such authority, and struck out sub- sec. (b) designation and heading ‘‘Filing of contracts and ancillary agreements’’. 1988—Pub. L. 100–439, § 2(b)(1), struck out ‘‘right of first refusal;’’ after ‘‘Contract duration;’’ in section catchline. Subsec. (a)(1). Pub. L. 100–439, § 1, struck out last sen- tence which directed that provisions of par. (1) did not apply to contracts of natural gas subject to require- ments of par. (3). Subsec. (a)(3). Pub. L. 100–439, § 1, struck out par. (3) which related to contracts for purchase of natural gas produced from reservoirs on Outer Continental Shelf. Subsecs. (b), (c). Pub. L. 100–439, § 2(a), redesignated subsec. (c) as (b) and struck out former subsec. (b) which related to certain rights of first refusal with re- spect to certain natural gas committed or dedicated to interstate commerce on November 8, 1978. SUBCHAPTER IV—NATURAL GAS CURTAILMENT POLICIES § 3391. Natural gas for essential agricultural uses (a) General rule Not later than 120 days after November 9, 1978, the Secretary of Energy shall prescribe and make effective a rule, which may be amended from time to time, which provides that, not- withstanding any other provision of law (other than subsection (b)) and to the maximum extent practicable, no curtailment plan of an interstate pipeline may provide for curtailment of deliv- eries of natural gas for any essential agricul- tural use, unless such curtailment— (1) does not reduce the quantity of natural gas delivered for such use below the use re- quirement specified in subsection (c); or (2) is necessary in order to meet the require- ments of high-priority users. (b) Curtailment priority not applicable if alter- native fuel available If the Commission, in consultation with the Secretary of Agriculture, determines, by rule or order, that use of a fuel (other than natural gas) is economically practicable and that the fuel is