119 STAT. 1018
‘‘(ii) only to the extent that the electricity is sold (other than for resale) to customers of such utility who are located within the service area of such utility. ‘‘(D) ADJUSTMENTS FOR CHANGES IN CUSTOMER BASE.— ‘‘(i) NEW BUSINESS CUSTOMERS.—If— ‘‘(I) after the close of the testing period and before the date of issuance of the issue, the utility owned by a governmental unit enters into a contract to supply natural gas (other than for resale) for a business use at a property within the service area of such utility, and ‘‘(II) the utility did not supply natural gas to such property during the testing period or the ratable amount of natural gas to be supplied under the contract is significantly greater than the ratable amount of gas supplied to such property during the testing period, then a contract shall not fail to be treated as a qualified natural gas supply contract by reason of supplying the additional natural gas under the contract referred to in subclause (I). ‘‘(ii) LOST CUSTOMERS.—The average under subparagraph (B)(i) shall not exceed the annual amount of natural gas reasonably expected to be purchased (other than for resale) by persons who are located within the service area of such utility and who, as of the date of issuance of the issue, are customers of such utility. ‘‘(E) RULING REQUESTS.—The Secretary may increase the average under subparagraph (B)(i) for any period if the utility owned by the governmental unit establishes to the satisfaction of the Secretary that, based on objective evidence of growth in natural gas consumption or population, such average would otherwise be insufficient for such period. ‘‘(F) ADJUSTMENT FOR NATURAL GAS OTHERWISE ON HAND.— ‘‘(i) IN GENERAL.—The amount otherwise permitted to be acquired under the contract for any period shall be reduced by— ‘‘(I) the applicable share of natural gas held by the utility on the date of issuance of the issue, and ‘‘(II) the natural gas (not taken into account under subclause (I)) which the utility has a right to acquire during such period (determined as of the date of issuance of the issue). ‘‘(ii) APPLICABLE SHARE.—For purposes of the clause (i), the term ‘applicable share’ means, with respect to any period, the natural gas allocable to such period if the gas were allocated ratably over the period to which the prepayment relates. ‘‘(G) INTENTIONAL ACTS.—Subparagraph (A) shall cease to apply to any issue if the utility owned by the governmental unit engages in any intentional act to render the volume of natural gas acquired by such prepayment to be in excess of the sum of—
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PUBLIC LAW 109–58—AUG. 8, 2005
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