
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8815]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
              CHAPTER 96--BIOMASS ENERGY AND ALCOHOL FUELS
 
            SUBCHAPTER I--GENERAL BIOMASS ENERGY DEVELOPMENT
 
Sec. 8815. Price guarantees


(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.

(Pub. L. 96-294, title II, Sec. 215, June 30, 1980, 94 Stat. 692.)
