Page:United States Statutes at Large Volume 106 Part 4.djvu/274

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106 STAT. 3010 PUBLIC LAW 102-486—OCT. 24, 1992 42 USC 7122 note. TITLE XVIII—OIL PIPELINE REGULATORY REFORM SEC. 1801. OIL PIPELINE RATEMAKING METHODOLOGY. (a) ESTABLISHMENT.— Not later than 1 year after the date of the enactment of this Act, the Federal Ener^sr Regulatory Commission shall issue a final rule which establishes a simplified and generally applicable ratemaking methodology for oil pipelines in accordance with section 1(5) of part I of the Interstate Commerce Act. (b) EFFECTIVE DATE. —The final rule to be issued under subsection (a) may not take effect before the 365th day following the date of the issuance of the rule. SEC. 1802. STREAMLINING OF COMMISSION PROCEDURES. (a) RULEMAKING.—Not later than 18 months after the date of the enactment of this Act, the Commission shall issue a final rule to streamline procedures of the Commission relating to oil pipeline rates in order to avoid imnecessary regulatory costs and delays. (b) SCOPE OF RULEMAKING. —Issues to be considered in the rulemaking proceeding to be conducted under subsection (a) shall include the following: (1) Identification of information to be filed with an oil pipeline tariff and the availability to the public of any analysis of such tariff filing performed by the Commission or its staff. (2) Qualification for standing (including definitions of economic interest) of parties who protest oil pipeline tariff filings or file complaints thereto. (3) The level of specificity required for a protest or complaint and guidelines for Commission action on the portion of the tariff or rate filing subject to protest or complaint. (4) An opportunity for the oil pipeline to file a response for the record to an initial protest or complaint. (5) Identification of specific circumstances under which Commission staff may initiate a protest. (c) ADDITIONAL PROCEDURAL CHANGES.— In conducting the rulemaking proceeding to carry out subsection (a), the Commission shall identify and transmit to Congress any other procedural changes relating to oil pipeline rates which the Commission determines are necessary to avoid unnecessary regulatory costs and delays and for which additional legislative authority may be necessary. (d) WITHDRAWAL OF TARIFFS AND COMPLAINTS,— (1) WITHDRAWAL OF TARIFFS.— If an oil pipeline tariff which is filed under part I of the Interstate Commerce Act and which is subject to investigation is withdrawn— (A) any proceeding with respect to such tariff shall be terminated; (B) the previous tariff rate shall be reinstated; and (C) any amounts collected under the withdrawn tariff rate which are in excess of the previous tariff rate shall be refunded. (2) WITHDRAWAL OF COMPLAINTS. — If a complaint which is filed under section 13 of the Interstate Commerce Act with