42 U.S.C. § 8815: Price guarantees

Summary

Under sections 8812 and 8817, the Secretary can guarantee that an owner or operator of a biomass energy project will get at least a set sales price for all or part of its output, with the price fixed on the day the guarantee is signed. The guarantee cannot be based on a cost-plus plan that promises a profit, but pricing set by law or by a regulator using cost-of-service rules is allowed. Each guarantee must state the maximum dollar amount the United States would have to pay. If the Secretary decides a project would not be satisfactorily completed or kept running, and finishing it is needed to meet the goals of this chapter, the sales price and the United States’ maximum payment can be renegotiated.

Title 42, §8815

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Authority of Secretary concerned; minimum sales price

Subject to section 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (d)(2), was in the original “this title”, meaning title II of Pub. L. 96–294, June 30, 1980, 94 Stat. 683, known as the Biomass Energy and Alcohol Fuels Act of 1980, which is classified principally to this chapter. For complete classification of title II to the Code, see

Short Title

note set out under section 8801 of this title and Tables.

§8815 Price Guarantees