42 USC 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
Terms Used In 42 USC 8815
- biomass: means any organic matter which is available on a renewable basis, including agricultural crops and agricultural wastes and residues, wood and wood wastes and residues, animal wastes, municipal wastes, and aquatic plants. See 42 USC 8802
- biomass energy: means &mdash. See 42 USC 8802
- person: means any individual, company, cooperative, partnership, corporation, association, consortium, unincorporated organization, trust, estate, or any entity organized for a common business purpose, any State or local government (including any special purpose district or similar governmental unit) or any agency or instrumentality thereof, or any Indian tribe or tribal organization. See 42 USC 8802
(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.