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42 U.S.C. § 8815Price guarantees

submitted 46 years ago by Pub. L. 96-294 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 254 words · no verdicts yet

in plain englishAI-generated · not legal advice

A translation hasn’t been published for this section yet. The official text below is complete and authoritative.

the actual law source: uscode.house.gov ↗public domain
(a) Authority of Secretary concerned; minimum sales price

Subject to sections 8812 and 8817 of this title, the Secretary concerned may commit to guarantee, and guarantee, that the price that the owner or operator of any biomass energy proj­ect will receive for all or part of the production from that project shall not be less than a specified sales price determined as of the date of execution of the price guarantee or commitment to guarantee.

(b) Cost-plus arrangements as basis
(1)

No price guarantee under this section may be based upon a cost-plus arrangement, or variant thereof, which guarantees a profit to the owner or operator involved.

(2)

The use of a cost-of-service pricing mechanism by a person pursuant to law, or by a regulatory body establishing rates for a regulated person, shall not be deemed to be a cost-plus arrangement, or variant thereof, for purposes of paragraph (1).

(c) Maximum dollar amount of liability of United States

Each price guarantee, or commitment to guarantee, which is made under this section shall specify the maximum dollar amount of liability of the United States under that guarantee.

(d) Renegotiation of sales price and maximum liability

If the Secretary determines, in the discretion of the Secretary, that—

(1)

a biomass energy project would not otherwise be satisfactorily completed or continued, and

(2)

completion or continuation of such project would be necessary to achieve the purposes of this chapter,

the sales price set forth in the price guarantee, and maximum liability under such guarantee, may be renegotiated.

Source credit: (Pub. L. 96–294, title II, § 215, June 30, 1980, 94 Stat. 692.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-294 · 94 Stat. 692

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-294 on 1980-06-30.

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