- 9 -9
contain a definition of tight formation gas for purposes of the
nonconventional fuels tax credit. Section 29 simply provides
that the "determination" of "whether any gas is produced from
* * * a tight formation shall be made in accordance with [NGPA]
section 503". By way of contrast, another part of section 29
references NGPA section 2(18), 92 Stat. 3354, 15 U.S.C. sec. 3301
(1988), as providing the definition of the phrase "committed or
dedicated to interstate commerce". See sec. 29(c)(2)(B)(i).
NGPA section 5037 contains procedures by which particular
types of natural gas may qualify for certain price incentives
6(...continued)
(i) geopressured brine, Devonian shale,
coal seams, or a tight formation, or
(ii) biomass, and
(C) liquid, gaseous, or solid synthetic fuels
produced from coal (including lignite), including
such fuels when used as feedstocks.
(2) Gas from geopressured brine, etc.--
(A) In general.--Except as provided in
subparagraph (B), the determination of whether any
gas is produced from geopressured brine, Devonian
shale, coal seams, or a tight formation shall be
made in accordance with section 503 of the Natural
Gas Policy Act of 1978. [Emphasis added.]
7 We note that the Natural Gas Wellhead Decontrol Act of
1989 (Decontrol Act), Pub. L. 101-60, sec. 3(b)(5), 103 Stat.
157, 159, eliminated wellhead and nonprice controls on the first
sale of natural gas. Sec. (3)(b)(5) of the Decontrol Act
repealed the Natural Gas Policy Act of 1978 (NGPA), Pub. L. 95-
621, sec. 503, 92 Stat. 3350, 3397, 15 U.S.C. sec. 3413 (1988),
effective Jan. 1, 1993.
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