- 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 tightPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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