§ 3375. Filing of contracts and agreements

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Pub. L. 95–621 title III § 315 · 92 Stat. 3350

   Enacted · 15 U.S.C. § 3375

   Pub. L. 95–621, title III, § 315, Nov. 9, 1978, 92 Stat. 3393

   Source evidence

   Code source credit
   Pub. L. 95–621, title III, § 315, Nov. 9, 1978, 92 Stat. 3393

   Enacted provision · exact public law section
   SEC. 315. CONTRACT DURATION; RIGHT OF FIRST REFUSAL; FILING OF CONTRACTS AND AGREEMENTS. (a) Contract Duration.— (1) General rule.— The Commission may, by rule or order, specify the minimum duration of any contract (other than any existing contract) for the purchase of natural gas to which section 601(a)(1) (A) or (B) is applicable. In no case may the minimum contract duration specified under this paragraph applicable to natural gas produced from any reservoir exceed 15 years or, if less, the commercially producible life of such reservoir. The provisions of this paragraph shall not apply to contracts of natural gas subject to the requirements of paragraph (3). (2) Nondiscriminatory application.— (A) In general.— Except as provided in subparagraph (B), the Commission may not exercise the authority provided under paragraph (1) in a manner which— (i) provides an advantage to interstate pipelines by diverting supplies of natural gas to interstate pipelines and thereby denying adequate supplies of natural gas to intrastate pipelines; or (ii) otherwise discriminates between purchases by interstate pipelines and intrastate pipelines of natural gas. (B) Special circumstances.— The Commission may vary any requirement established under paragraph (1) with respect to any contract by an interstate pipeline or intrastate pipeline to the extent necessary to respond to special circumstances. (3) Contracts for purchase of ocs natural gas.— The Commission shall prescrilie a rule which shall require that any first sale contract (other than any existing contract ) for the purchase of natural gas which is produced from any reservoir on the Outer Continental Shelf and which is new natural gas (as defined in section 102(b)) or high-cost natural gas (as defined in section Ante, p. 3358. 107(c) (1), (2), (3), or (4)) shall be for a duration of not less Ante, p. 3366. than 15 years or, if less, the commercially producible life of the reservoir. (b) Offers; Right of First Refusal.— (1) Application.— This subsection shall apply with respect to any natural gas which is committed or dedicated to interstate commerce on the day before the date of the enactment of this Act and which is— (A) high-cost natural gas (as defined in section 107(c) (1), (2), (3),or (4)); (B) new natural gas (as defined in section 102(c) ) ; or (C) natural gas produced from any new, onshore production well (as denned in section 103(c)). Ante, p. 3361. This subsection shall not apply to any natural gas committed or dedicated to interstate commerce solely by reason of section 2(18) Ante, p. 3352. (A) (i). (2) Offer of sale.— The Commission shall, by rule, require that if natural gas subject to the requirements of this subsection is produced on or after the first day of the first month beginning after the date of the enactment of this Act, a bona fide offer to sell such natural gas must be made to the person who, but for the provisions of section 601(a) (1) (B) (relating to deregulation), would have been entitled pursuant to the commitment or dedication of such natural gas to interstate commerce to receive such natural gas if such natural gas were sold (or any successor in interest to such person). (3) Right of first refusal.— The Commission shall, by rule, require that following— (A) the expiration or termination of any contract with respect to the first sale of natural gas subject to the requirements of this subsection to the person who, but for the provisions of section 601(a)(1)(B) (relating to deregulation), would have been entitled pursuant to the commitment or dedication of such natural gas to interstate commerce to receive such natural gas if such natural gas were sold (or any successor in interest to such person), or (B) any rejection of any bona fide offer, described in paragraph (2), to sell natural gas subject to the requirements of this subsection, such person who would have been entitled to receive such natural gas shall be granted a right of first refusal of the first offer to sell such natural gas which, subject to the exercise of any right of first refusal under this paragraph, has been substantially accepted in principle by another person in an arms-length t ransaction. (c) Filing of Contracts and Ancillary 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 contract, or a roll-over 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.

2. 1988

   Pub. L. 100–439 § 2(b)(1) · 102 Stat. 1720

   Struck · 15 U.S.C. § 3375

   Pub. L. 100–439, § 2(b)(1), struck out “right of first refusal;” after “Contract duration;” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 100–439, § 2(b)(1), struck out “right of first refusal;” after “Contract duration;” in section catchline.

   Enacted provision · exact public law section
   (1) The title of such section 315 is amended by striking “RIGHT OF FIRST REFUSAL;”.

3. 1988

   Pub. L. 100–439 § 1 · 102 Stat. 1720

   Struck · 15 U.S.C. § 3375(a)(1)

   Pub. L. 100–439, § 1, struck out last sentence which directed that provisions of par. (1) did not apply to contracts of natural gas subject to requirements of par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 100–439, § 1, struck out last sentence which directed that provisions of par. (1) did not apply to contracts of natural gas subject to requirements of par. (3).

   Enacted provision · exact public law section
   SECTION 1. CONTRACT DURATION. Section 315(a) of the Natural Gas Policy Act of 1978 (15 U.S.C. 3375(a)) is amended by striking the last sentence of paragraph (1) and by striking paragraph (3).

4. 1988

   Pub. L. 100–439 § 1 · 102 Stat. 1720

   Struck · 15 U.S.C. § 3375(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   SECTION 1. CONTRACT DURATION. Section 315(a) of the Natural Gas Policy Act of 1978 (15 U.S.C. 3375(a)) is amended by striking the last sentence of paragraph (1) and by striking paragraph (3).

5. 1988

   Pub. L. 100–439 § 2(a) · 102 Stat. 1720

   1. Redesignated · 15 U.S.C. § 3375(b); 15 U.S.C. § 3375(c)

      Pub. L. 100–439, § 2(a), redesignated subsec. (c) as (b)

   2. Struck · 15 U.S.C. § 3375(b); 15 U.S.C. § 3375(c)

      Pub. L. 100–439, § 2(a), struck out former subsec. (b) which related to certain rights of first refusal with respect to certain natural gas committed or dedicated to interstate commerce on November 8, 1978

   Source evidence

   Code amendment note
   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 respect to certain natural gas committed or dedicated to interstate commerce on November 8, 1978.

   Enacted provision · exact public law section
   (a) Amendment.— Section 315(b) of such Act (15 U.S.C. 3375(b)) is repealed, and subsection (c) of such section is redesignated as subsection (b).

6. 1989

   Pub. L. 101–60 § 3(a)(2) · 103 Stat. 157

   1. Substituted · 15 U.S.C. § 3375

      Pub. L. 101–60, in section catchline, substituted “Filing of contracts and agreements” for “Contract duration; filing of contracts and agreements”, and in text

   2. Struck · 15 U.S.C. § 3375

      Pub. L. 101–60, in section catchline, struck out subsec. (a) designation, heading “Contract duration”, and text relating to power of Commissioner to specify minimum duration of contracts for purchase of natural gas and requiring nondiscriminatory exercise of such authority

   3. Struck · 15 U.S.C. § 3375

      Pub. L. 101–60, in section catchline, struck out subsec. (b) designation and heading “Filing of contracts and ancillary agreements”

   Source evidence

   Code amendment note
   Pub. L. 101–60, in section catchline, substituted “Filing of contracts and agreements” for “Contract duration; filing of contracts and agreements”, and in text, struck out subsec. (a) designation, heading “Contract duration”, and text relating to power of Commissioner to specify minimum duration of contracts for purchase of natural gas and requiring nondiscriminatory exercise of such authority, and struck out subsec. (b) designation and heading “Filing of contracts and ancillary agreements”.

   Enacted provision · exact public law section
   (2) Section 315 (15 U.S.C. 3375) is amended— (A) in the section heading, by striking “CONTRACT DURATION;”; and (B) by striking “(a) Contract Duration.—” and all that follows through “(b) Filing of Contracts and Ancillary Agreements—”

9 of 9 references resolved to an enrolled provision