Page:United States Statutes at Large Volume 94 Part 3.djvu/88

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 2732

PUBLIC LAW 96-501—DEC. 5, 1980

such notice, or be barred. In the case of a challenge of the plan or programs or amendments thereto, such suit shall be filed within sixty days after publication of a notice of such final action in the Federal Register. Such court shall have jurisdiction to hear and determine any suit brought as provided in this section. The plan and program, as finally adopted or portions thereof, or amendments thereto, shall not thereafter be reviewable as a part of any other action under this Act or any other law. Suits challenging any other actions under this Act shall be filed in the appropriate court. (f) For purposes of enabling the Administrator to acquire resources necessary to meet the firm load of public bodies, cooperatives, and Federal agencies from a governmental unit at a cost no greater than the cost which would be applicable in the absence of such acquisition, the exemption from gross income of interest on certain governmental obligations provided in section 103(a)(l) of the Internal Revenue Code 26 USC 103. of 1954 shall not be affected by the Administrator's acquisition of such resources if— (1) the Administrator, prior to contracting for such acquisition, certifies to his reasonable belief, that the persons for whom the Administrator is acquiring such resources for sale pursuant to section 5 of this Act are public bodies, cooperatives, and Federal agencies, unless the Administrator also certifies that he is unable to acquire such resources without selling a portion thereof to persons who are not exempt persons (as defined in section 103(b) ofsuch Code), and (2) based upon such certification, the Secretary of the Treasury determines in accordance with applicable regulations that less than a major portion of the resource is to be furnished to persons who are not exempt persons (as defined in section 103(b) of such Code). The certification under paragraph (1) shall be made in accordance with this subsection and a procedure and methodology approved by "Major portion." the Secretary of the Treasury. For purposes of this subsection, the term "major portion" shall have the meaning provided by regulations issued by the Secretary of the Treasury. (g) When reviewing rates for the sale of power to the Administrator by an investor-owned utility customer under section 5(c) or 6, the Federal Energy Regulatory Commission shall, in accordance with section 209 of the Federal Power Act (16 U.S.C. 824h)— (1) convene a joint State board, and (2) invest such board with such duties and authority as will assist the Commission in its review of such rates. (h)(1) No "company" (as defined in section 2(a)(2) of the Public Utility Holding Company Act of 1935; 15 U.S.C. 79b(a)(2)), which owns or operates facilities for the generation of electricity (together with associated transmission and other facilities) primarily for sale to the Administrator under section 6 shall be deemed an electric utility company" (as defined in section 2(a)(3) of the Public Utility Holding Company Act of 1935; 15 U.S.C. 79b(a)(3)), within the meaning of any provision or provisions of chapter 2C of title 15 of the United States 15 USC 79 et seq. Code, if at least 90 per centum of the electricity generated by such company is sold to the Administrator under section 6, and if— (A) the organization of such company is consistent with the policies of section 1(b) and (c) of the Public Utility Holding 15 USC 79a. Company Act of 1935, as determined by the Securities and Exchange Commission, with the concurrence of the Administrator, at the time ofsuch organization; and