77-6-23 - Excess capacity or output may be sold or exchanged.
§ 77-6-23. Excess capacity or output may be sold or exchanged.
The authority may sell or exchange the excess capacity or output of a project not then required by any of its members or with any party with whom the authority may contract for such consideration and for such period and upon such other terms and conditions as may be determined by the parties to any municipality or with any party with whom the authority may contract in this state or any other state owning gas distribution facilities, to any municipalities, agencies or instrumentalities of any other state, to any gas association, to any end-user, to any public or private utility, or to any other state, federal or municipal agency which owns gas production, transmission or distribution facilities either within or without this state. Provided, however, that sales of excess capacity or output of a project to gas associations, public or private utilities, and other persons the interest on whose securities and other obligations are not exempt from taxation by the federal government shall not be made in such amounts, for such periods of time, and under such terms and conditions as will cause the interest on bonds issued to finance the cost of a project to become taxable by the federal government.
Sources: Laws, 1988, ch. 515, § 12, eff from and after passage (approved May 16, 1988).