42 U.S.C. § 8815 - U.S. Code - Unannotated Title 42. The Public Health and Welfare § 8815. Price guarantees
Current as of January 01, 2018 | Updated by FindLaw Staff
Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
(a) Authority of Secretary concerned; minimum sales price
Subject to sections 8812 and 8817 of this title, the Secretary concerned may commit to guarantee, and guarantee, that the price that the owner or operator of any biomass energy project will receive for all or part of the production from that project shall not be less than a specified sales price determined as of the date of execution of the price guarantee or commitment to guarantee.
(b) Cost-plus arrangements as basis
(1) No price guarantee under this section may be based upon a cost-plus arrangement, or variant thereof, which guarantees a profit to the owner or operator involved.
(2) The use of a cost-of-service pricing mechanism by a person pursuant to law, or by a regulatory body establishing rates for a regulated person, shall not be deemed to be a cost-plus arrangement, or variant thereof, for purposes of paragraph (1).
(c) Maximum dollar amount of liability of United States
Each price guarantee, or commitment to guarantee, which is made under this section shall specify the maximum dollar amount of liability of the United States under that guarantee.
(d) Renegotiation of sales price and maximum liability
If the Secretary determines, in the discretion of the Secretary, that--
(1) a biomass energy project would not otherwise be satisfactorily completed or continued, and
(2) completion or continuation of such project would be necessary to achieve the purposes of this chapter,
the sales price set forth in the price guarantee, and maximum liability under such guarantee, may be renegotiated.
Cite this article: FindLaw.com - 42 U.S.C. § 8815 - U.S. Code - Unannotated Title 42. The Public Health and Welfare § 8815. Price guarantees - last updated January 01, 2018 | https://codes.findlaw.com/us/title-42-the-public-health-and-welfare/42-usc-sect-8815.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?