PUBLIC LAW 109–58—AUG. 8, 2005 119 STAT. 595
Sec. 152. Energy-efficient appliances.
Sec. 153. Energy efficiency standards.
Sec. 154. Energy strategy for HUD.
TITLE II—RENEWABLE ENERGY
Subtitle A—General Provisions
Sec. 201. Assessment of renewable energy resources.
Sec. 202. Renewable energy production incentive.
Sec. 203. Federal purchase requirement.
Sec. 204. Use of photovoltaic energy in public buildings.
Sec. 205. Biobased products.
Sec. 206. Renewable energy security.
Sec. 207. Installation of photovoltaic system.
Sec. 208. Sugar cane ethanol program.
Sec. 209. Rural and remote community electrification grants.
Sec. 210. Grants to improve the commercial value of forest biomass for electric energy,
useful heat, transportation fuels, and other commercial purposes.
Sec. 211. Sense of Congress regarding generation capacity of electricity from renewable
energy resources on public lands.
Subtitle B—Geothermal Energy
Sec. 221. Short title.
Sec. 222. Competitive lease sale requirements.
Sec. 223. Direct use.
Sec. 224. Royalties and near-term production incentives.
Sec. 225. Coordination of geothermal leasing and permitting on Federal lands.
Sec. 226. Assessment of geothermal energy potential.
Sec. 227. Cooperative or unit plans.
Sec. 228. Royalty on byproducts.
Sec. 229. Authorities of Secretary to readjust terms, conditions, rentals, and royalties.
Sec. 230. Crediting of rental toward royalty.
Sec. 231. Lease duration and work commitment requirements.
Sec. 232. Advanced royalties required for cessation of production.
Sec. 233. Annual rental.
Sec. 234. Deposit and use of geothermal lease revenues for 5 fiscal years.
Sec. 235. Acreage limitations.
Sec. 236. Technical amendments.
Sec. 237. Intermountain West Geothermal Consortium.
Subtitle C—Hydroelectric
Sec. 241. Alternative conditions and fishways.
Sec. 242. Hydroelectric production incentives.
Sec. 243. Hydroelectric efficiency improvement.
Sec. 244. Alaska State jurisdiction over small hydroelectric projects.
Sec. 245. Flint Creek hydroelectric project.
Sec. 246. Small hydroelectric power projects.
Subtitle D—Insular Energy
Sec. 251. Insular areas energy security.
Sec. 252. Projects enhancing insular energy independence.
TITLE III—OIL AND GAS
Subtitle A—Petroleum Reserve and Home Heating Oil
Sec. 301. Permanent authority to operate the Strategic Petroleum Reserve and
other energy programs.
Sec. 302. National Oilheat Research Alliance.
Sec. 303. Site selection.
Subtitle B—Natural Gas
Sec. 311. Exportation or importation of natural gas.
Sec. 312. New natural gas storage facilities.
Sec. 313. Process coordination; hearings; rules of procedure.
Sec. 314. Penalties.
Sec. 315. Market manipulation.
Sec. 316. Natural gas market transparency rules.
Sec. 317. Federal-State liquefied natural gas forums.
Sec. 318. Prohibition of trading and serving by certain individuals.
Subtitle C—Production
Sec. 321. Outer Continental Shelf provisions.
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SEC. 315. MARKET MANIPULATION.
The Natural Gas Act is amended by inserting after section
4 (15 U.S.C. 717c) the following:
‘‘PROHIBITION ON MARKET MANIPULATION
‘‘SEC. 4A. It shall be unlawful for any entity, directly or
indirectly, to use or employ, in connection with the purchase or
sale of natural gas or the purchase or sale of transportation services
subject to the jurisdiction of the Commission, any manipulative
or deceptive device or contrivance (as those terms are used in
section 10(b) of the Securities Exchange Act of 1934 (15 U.S.C.
78j(b))) in contravention of such rules and regulations as the
Commission may prescribe as necessary in the public interest or
for the protection of natural gas ratepayers. Nothing in this section
shall be construed to create a private right of action.’’.
SEC. 316. NATURAL GAS MARKET TRANSPARENCY RULES.
The Natural Gas Act (15 U.S.C. 717 et seq.) is amended by
inserting after section 22 the following:
‘‘NATURAL GAS MARKET TRANSPARENCY RULES
‘‘SEC. 23. (a)(1) The Commission is directed to facilitate price
transparency in markets for the sale or transportation of physical
natural gas in interstate commerce, having due regard for the
public interest, the integrity of those markets, fair competition,
and the protection of consumers.
‘‘(2) The Commission may prescribe such rules as the Commission
determines necessary and appropriate to carry out the purposes
of this section. The rules shall provide for the dissemination, on
a timely basis, of information about the availability and prices
15 USC 717t–2.
15 USC 717c–1.
15 USC 717t–1.
15 USC
717u–717w.
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119 STAT. 692 PUBLIC LAW 109–58—AUG. 8, 2005
of natural gas sold at wholesale and in interstate commerce to
the Commission, State commissions, buyers and sellers of wholesale
natural gas, and the public.
‘‘(3) The Commission may—
‘‘(A) obtain the information described in paragraph (2) from
any market participant; and
‘‘(B) rely on entities other than the Commission to receive
and make public the information, subject to the disclosure
rules in subsection (b).
‘‘(4) In carrying out this section, the Commission shall consider
the degree of price transparency provided by existing price publishers
and providers of trade processing services, and shall rely
on such publishers and services to the maximum extent possible.
The Commission may establish an electronic information system
if it determines that existing price publications are not adequately
providing price discovery or market transparency.
‘‘(b)(1) Rules described in subsection (a)(2), if adopted, shall
exempt from disclosure information the Commission determines
would, if disclosed, be detrimental to the operation of an effective
market or jeopardize system security.
‘‘(2) In determining the information to be made available under
this section and the time to make the information available, the
Commission shall seek to ensure that consumers and competitive
markets are protected from the adverse effects of potential collusion
or other anticompetitive behaviors that can be facilitated by
untimely public disclosure of transaction-specific information.
‘‘(c)(1) Within 180 days of enactment of this section, the
Commission shall conclude a memorandum of understanding with
the Commodity Futures Trading Commission relating to information
sharing, which shall include, among other things, provisions
ensuring that information requests to markets within the respective
jurisdiction of each agency are properly coordinated to minimize
duplicative information requests, and provisions regarding the
treatment of proprietary trading information.
‘‘(2) Nothing in this section may be construed to limit or affect
the exclusive jurisdiction of the Commodity Futures Trading
Commission under the Commodity Exchange Act (7 U.S.C. 1 et
seq.).
‘‘(d)(1) The Commission shall not condition access to interstate
pipeline transportation on the reporting requirements of this section.
‘‘(2) The Commission shall not require natural gas producers,
processors, or users who have a de minimis market presence to
comply with the reporting requirements of this section.
‘‘(e)(1) Except as provided in paragraph (2), no person shall
be subject to any civil penalty under this section with respect
to any violation occurring more than 3 years before the date on
which the person is provided notice of the proposed penalty under
section 22(b).
‘‘(2) Paragraph (1) shall not apply in any case in which the
Commission finds that a seller that has entered into a contract
for the transportation or sale of natural gas subject to the jurisdiction
of the Commission has engaged in fraudulent market manipulation
activities materially affecting the contract in violation of section
4A.’’.
Deadline.
Memorandum.
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| File Type | application/msword |
| Author | Michael Miller |
| Last Modified By | michael miller |
| File Modified | 2010-01-29 |
| File Created | 2010-01-29 |