Page:United States Statutes at Large Volume 92 Part 3.djvu/744

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 3376

PUBLIC LAW 95-621—NOV. 9, 1978 (2) SimcHARGE PASSTHROUGH.—The rule required under section 201 (including any amendment under section 202) shall provide— (A) that any surcharge calculated under paragraph (3) may not be imposed by any interstate pipeline except in accordance with a method prescribed under subparagraph (B);and (B) one or more methods for imposing such surcharge on the rates and charges of such pipeline applicable to any volume of natural gas delivered, during the calendar period involved, for industrial use to any incrementally priced industrial facilities served directly by such interstate pipeline and to incrementally priced industrial facilities served indirectly through any other interstate pipeline or any local distribution company. (3)

SURCHARGE.— (A) CALCULATION OF SURCHARGE.—Subject to

subpara-

graphs (B) and (C), the amount of any surcharge imposed by any interstate pipeline under this subsection on deliveries or natural gas during the calendar period involved shall be based on the dollar amount in such pipeline's account at the beginning of such period and on the volume of natural gas delivered directly or indirectly by such pipeline during such period or a preceding calendar period to incrementally priced industrial facilities for industrial use with such adjustments as the Commission determines necessary to carry out'the purposes of this title. (B) ELIMINATION OR REDUCTION OP SURCHARGE APPLICABLE

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TO A FACILITY.—The rule under section 201 (including any amendment under section 202 to such rule) shall provide one or more methods which have the effect of eliminating or reducing the amount of the surcharge determined under subparagraph (A) to be passed through under paragraph (2) with respect to volumes of natural gas to be delivered directly or indirectly to any incrementally priced industrial facility for industrial use to the extent that such surcharge, in the absence of such elimination or reduction, would cause the rates and charges, per million Btu's, paid for such volumes of natural gas by that incrementally priced industrial facility to exceed the appropriate alternative fuel cost. (C) INCREASE IN GENERAL SURCHARGE TO REFLECT AN ADJUSTMENT UNDER SUBPARAGRAPH (B).—The rule under section 201

(including any amendment under section 202 to such rule) shall provide one or more methods by which, in any case in which the surcharge is eliminated or reduced under subparagraph (5) with respect to certain deliveries of natural gas, the interstate pipeline involved may recover from incrementally priced industrial facilities which are not subject to any surcharge elimination or reduction under subparagraph (B) the dollar amount which would have been so passed through if the elimination or reduction under subparagraph (B) had not occurred. (D) EXCEPTION.—The methods prescribed under subparagraphs (B) and (C) need not require— (i) elimination or reduction under subparagraph (B) of the surcharge with respect to any specific deliveries of natural gas; or