Page:United States Statutes at Large Volume 92 Part 3.djvu/521

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-617—NOV. 9, 1978

92 STAT. 3153

(b) PROPOSALS.—Based upon the study prepared pursuant to subsection (a), the Secretary shall develop proposals to improve gas utility rate design and to encourage conservation of natural gas. Such proposals shall include any comments and recommendations of the Commission. (c)

TRANSMISSION TO CONGRESS.—The proposals p r e p a r e d

under

subsection (b) shall be transmitted, together with any legislative recommendations, to each House of Congress not later than 6 months after the date of submission of the study under subsection (a). Such proposals shall be accompanied by an analyses of— (1) the projected savings (if any) in consumption of natural gas, and other energy resources, (2) changes (if any) in the cost of natural gas to consumers, which are likely to result from the implementation nationally of each of such proposals, and (3) the effects of the proposals on other provisions of this Act on gas utility rate structures. (d) P U B L I C PARTICIPATION.—The Secretary shall provide for public participation in the conduct of the study under subsection (a) and the preparation of proposals under subsection (b). SEC. 307. JUDICIAL REVIEW AND ENF0RCEMEN1\ 15 USC 3207. (a) L I M I T A T I O N OF FEDERAL JURISDICTION.— (1)

Notwithstanding

any other provision of law, no court of the United States shall have jurisdiction over any action arising under any provision of this title except for— (A) a n action over which a court of the United States has jurisdiction under paragraph (2), or (B) review in the Supreme Court of the United States in accordance with sections 1257 and 1258 of title 28 of the United States Code. (2) The Secretary may b r i n ^ a n action i n any appropriate court of the United States to enforce his r i g h t to intervene under section 305 and such court shall have jurisdiction to g r a n t appropriate relief. (b) ENFORCEMENT.—(1) Any person may bring an action to enforce the recjuirements of this title in the appropriate State court. Such action in a State court shall be pursuant to applicable State procedures. (2) Nothing in this title shall authorize the Secretary to appeal or otherwise seek judicial review of the decisions of a State regulatory authority or nonregulated gas utility or to become a party to any action to obtain such review or appeal. The Secretary may participate as a n amicus curiae in any judicial review of an action arising under the provisions of this title. SEC. 308. RELATIONSHIP TO OTHER APPLICABLE LAW. 15 USC 3208. Nothing in this title prohibits any State regulatory authority or nonregulated gas utility from adopting, pursuant to State law, any standard or rule affecting g a s utilities which is different from any standard established by this title. SEC. 309. REPORTS RESPECTING STANDARDS. 15 USC 3209. (a) STATE AUTHORITIES AND NONREGULATED U T I L I T I E S. — Not l a t e r

than 1 year after the date of the enactment of this Act and annually thereafter for 10 years, each State regulator}^ authority (with respect to each gas utility for which it has ratemaking authority), and each nonregulated gas utility, shall report to the Secretary, in such manner as the Secretary shall prescribe, respecting its consideration of the standards established by this title. Such report shall include a summ a r y of the determinations made and actions taken with respect to each of such standards on a utility-by-utility basis.