- 17 -17
definition as that determined by the FERC under the
NGPA * * * [Id. at 139-140, 1980-3 C.B. at 299-300.]
Finally, the staff of the Joint Committee's General Explanation
of COWPTA contains the statement that
For purposes of the credit, the definition of
natural gas from geopressured brine, Devonian shale,
coal seams, or a tight formation is that determined by
the Federal Energy Regulatory Commission in accordance
with section 503 of the Natural Gas Policy Act of 1978
(NGPA). * * *
Staff of Joint Comm. on Taxation, General Explanation of the
Crude Oil Windfall Profit Tax Act of 1980, at 81 (J. Comm. Print
1981).
Accordingly, portions of the legislative history contain the
expectation that FERC would create a definition of tight
formation gas to be utilized for purposes of obtaining the tax
credit. Petitioner contends that, by use of the term
"determination", Congress intended to incorporate the definition
to be promulgated by FERC, rather than to require a well-category
determination for each specific well under NGPA section 503. We
could agree that Congress expected that FERC would ultimately
define "tight formation" gas. But Congress' choice of the term
"determination", rather than "definition", in section 29 leaves
petitioner's contentions without statutory support or substance.
Petitioner also argues that Congress retained the
"determined in accordance with section 503" language of section
29(c)(2)(A) even though the statutory authority under the NGPA to
make determinations under section 503 for most new tight
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