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U.S. Code as of:
01/19/04
Section 1507. Common carrier status
(a) Status of deepwater ports and storage facilities
A deepwater port and a storage facility serviced directly by that
deepwater port shall operate as a common carrier under applicable
provisions of part I of the Interstate Commerce Act and subtitle IV
of title 49, and shall accept, transport, or convey without
discrimination all oil delivered to the deepwater port with respect
to which its license is issued, except as provided by subsection
(b) of this section.
(b) Discrimination prohibition; exceptions
A licensee is not discriminating under this section and is not
subject to common carrier regulations under subsection (a) of this
section when that licensee -
(1) is subject to effective competition for the transportation
of oil from alternative transportation systems; and
(2) sets its rates, fees, charges, and conditions of service on
the basis of competition, giving consideration to other relevant
business factors such as the market value of services provided,
licensee's cost of operation, and the licensee's investment in
the deepwater port and a storage facility, and components
thereof, serviced directly by that deepwater port.
(c) Enforcement, suspension, or termination proceedings
When the Secretary has reason to believe that a licensee is not
in compliance with this section, the Secretary shall commence an
appropriate proceeding before the Federal Energy Regulatory
Commission or request the Attorney General to take appropriate
steps to enforce compliance with this section and, when
appropriate, to secure the imposition of appropriate sanctions. In
addition, the Secretary may suspend or revoke the license of a
licensee not complying with its obligations under this section.
(d) Managed access
Subsections (a) and (b) of this section shall not apply to
deepwater ports for natural gas. A licensee of a deepwater port for
natural gas, or an affiliate thereof, may exclusively utilize the
entire capacity of the deepwater port and storage facilities for
the acceptance, transport, storage, regasification, or conveyance
of natural gas produced, processed, marketed, or otherwise obtained
by agreement by such licensee or its affiliates. The licensee may
make unused capacity of the deepwater port and storage facilities
available to other persons, pursuant to reasonable terms and
conditions imposed by the licensee, if such use does not otherwise
interfere in any way with the acceptance, transport, storage,
regasification, or conveyance of natural gas produced, processed,
marketed, or otherwise obtained by agreement by such licensee or
its affiliates.
(e) Jurisdiction
Notwithstanding any provision of the Natural Gas Act (15 U.S.C.
717 et seq.), any regulation or rule issued thereunder, or section
1518 of this title as it pertains to such Act, this chapter shall
apply with respect to the licensing, siting, construction, or
operation of a deepwater natural gas port or the acceptance,
transport, storage, regasification, or conveyance of natural gas at
or through a deepwater port, to the exclusion of the Natural Gas
Act or any regulation or rule issued thereunder.
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