118 STAT. 1256 PUBLIC LAW 108–324—OCT. 13, 2004 (8) STATE.—The term ‘‘State’’ means the State of Alaska. SEC. 103. ISSUANCE OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. (a) AUTHORITY OF THE COMMISSION.—Notwithstanding the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.), the Commission may, in accordance with section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)), consider and act on an application for the issuance of a certificate of public convenience and necessity authorizing the construction and operation of an Alaska natural gas transportation project other than the Alaska natural gas transportation system. (b) ISSUANCE OF CERTIFICATE.— (1) IN GENERAL.—The Commission shall issue a certificate of public convenience and necessity authorizing the construction and operation of an Alaska natural gas transportation project under this section if the applicant has satisfied the require ments of section 7(e) of the Natural Gas Act (15 U.S.C. 717f(e)). (2) CONSIDERATIONS.—In considering an application under this section, the Commission shall presume that— (A) a public need exists to construct and operate the proposed Alaska natural gas transportation project; and (B) sufficient downstream capacity will exist to trans port the Alaska natural gas moving through the project to markets in the contiguous United States. (c) EXPEDITED APPROVAL PROCESS.—Not later than 60 days after the date of issuance of the final environmental impact state ment under section 104 for an Alaska natural gas transportation project, the Commission shall issue a final order granting or denying any application for a certificate of public convenience and necessity for the project under section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)) and this section. (d) PROHIBITION OF CERTAIN PIPELINE ROUTE.—No license, permit, lease, right of way, authorization, or other approval required under Federal law for the construction of any pipeline to transport natural gas from land within the Prudhoe Bay oil and gas lease area may be granted for any pipeline that follows a route that— (1) traverses land beneath navigable waters (as defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301)) beneath, or the adjacent shoreline of, the Beaufort Sea; and (2) enters Canada at any point north of 68 degrees north latitude. (e) OPEN SEASON.— (1) IN GENERAL.—Not later than 120 days after the date of enactment of this Act, the Commission shall issue regulations governing the conduct of open seasons for Alaska natural gas transportation projects (including procedures for the allocation of capacity). (2) REGULATIONS.—The regulations referred to in para graph (1) shall— (A) include the criteria for and timing of any open seasons; (B) promote competition in the exploration, develop ment, and production of Alaska natural gas; and Deadline. Regulations. Deadline. 15 USC 720a.
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