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15 U.S.C. § 3363 — Emergency purchase authority
Federal law — U.S. Code and appendices · legal_authorities
**(a) Presidential authorization** During any natural gas supply emergency declared under [section 3361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3361&num=0&edition=prelim), the President may, by rule or order, authorize any interstate pipeline or local distribution company served by any interstate pipeline to contract, upon such terms and conditions as the President determines to be appropriate (including provisions respecting fair and equitable prices), for the purchase of emergency supplies of natural gas—
(1) from any producer of natural gas (other than a producer who is affiliated with the purchaser, as determined by the President) if—
(A) such natural gas is not produced from the Outer Continental Shelf; and
(B) the sale or transportation of such natural gas was not pursuant to a certificate issued under the Natural Gas Act [[15 U.S.C. 717](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717&num=0&edition=prelim) et seq.] immediately before the date on which such contract was entered into; or
(2) from any intrastate pipeline, local distribution company, or other person (other than an interstate pipeline or a producer of natural gas).
**(b) Contract duration** The duration of any contract authorized under subsection (a) may not exceed 4 months. The preceding sentence shall not prohibit the President from authorizing under subsection (a) a renewal of any contract, previously authorized under such subsection, following the expiration of such contract.
**(c) Related transportation and facilities** The President may, by order, require any pipeline to transport natural gas, and to construct and operate such facilities for the transportation of natural gas, as he determines necessary t
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Source file: Laws/federal/codes/united-states-code/title-15/section-3363-emergency-purchase-authority--4a30d9e55c.md
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Source location: Title 15, Chapter 60, § 3363; chapter-060-natural-gas-policy.md
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**(a) Presidential authorization** During any natural gas supply emergency declared under [section 3361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3361&num=0&edition=prelim), the President may, by rule or order, authorize any interstate pipeline or local distribution company served by any interstate pipeline to contract, upon such terms and conditions as the President determines to be appropriate (including provisions respecting fair and equitable prices), for the purchase of emergency supplies of natural gas—
(1) from any producer of natural gas (other than a producer who is affiliated with the purchaser, as determined by the President) if—
(A) such natural gas is not produced from the Outer Continental Shelf; and
(B) the sale or transportation of such natural gas was not pursuant to a certificate issued under the Natural Gas Act [[15 U.S.C. 717](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717&num=0&edition=prelim) et seq.] immediately before the date on which such contract was entered into; or
(2) from any intrastate pipeline, local distribution company, or other person (other than an interstate pipeline or a producer of natural gas).
**(b) Contract duration** The duration of any contract authorized under subsection (a) may not exceed 4 months. The preceding sentence shall not prohibit the President from authorizing under subsection (a) a renewal of any contract, previously authorized under such subsection, following the expiration of such contract.
**(c) Related transportation and facilities** The President may, by order, require any pipeline to transport natural gas, and to construct and operate such facilities for the transportation of natural gas, as he determines necessary to carry out any contract authorized under subsection (a). The costs of any construction or transportation ordered under this subsection shall be paid by the purchaser of natural gas under the contract with respect to which such order is issued. No order to transport natural gas under this subsection shall require any pipeline to transport natural gas in excess of such pipeline’s available capacity.
**(d) Maintenance of adequate records** The Commission shall require any interstate pipeline or local distribution company contracting under the authority of this section for natural gas to maintain and make available full and adequate records concerning transactions under this section, including records of the volumes of natural gas purchased under the authority of this section and the rates and charges for purchase and receipt of such natural gas.
**(e) Special limitation** No sale under any emergency purchase contract under this section for emergency supplies of natural gas for sale and delivery from any intrastate pipeline which is operating under court supervision as of January 1, 1977, may take effect unless the court approves.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 3341, Pub. L. 95–621, title II, § 201, Nov. 9, 1978, 92 Stat. 3371, required Commission to prescribe and make effective a rule designed to provide for passthrough of costs of natural gas, with respect to boiler fuel use of natural gas by industrial boiler fuel facilities, not later than 12 months after Nov. 9, 1978.
Section 3342, Pub. L. 95–621, title II, § 202, Nov. 9, 1978, 92 Stat. 3372, required Commission to prescribe an amendment to rule required under [section 3341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3341&num=0&edition=prelim), which would expand its application to other industrial uses, not later than 18 months after Nov. 9, 1978.
Section 3343, Pub. L. 95–621, title II, § 203, Nov. 9, 1978, 92 Stat. 3373, enumerated acquisition costs subject to passthrough requirements of rule prescribed under [section 3341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3341&num=0&edition=prelim).
Section 3344, Pub. L. 95–621, title II, § 204, Nov. 9, 1978, 92 Stat. 3375, related to method of passthrough.
Section 3345, Pub. L. 95–621, title II, § 205, Nov. 9, 1978, 92 Stat. 3378, related to direct passthrough of surcharges paid by local distributors on natural gas delivered by interstate pipelines to industrial facilities served by such local distributors.
Section 3346, Pub. L. 95–621, title II, § 206, Nov. 9, 1978, 92 Stat. 3379, enumerated exemptions from application of rule required under [section 3341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3341&num=0&edition=prelim).
Section 3347, Pub. L. 95–621, title II, § 207, Nov. 9, 1978, 92 Stat. 3380, related to application of section 3343 to certain n
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Necessity of regulation in public interest** As disclosed in reports of the Federal Trade Commission made pursuant to S. Res. 83 (Seventieth Congress, first session) and other reports made pursuant to the authority of Congress, it is declared that the business of transporting and selling natural gas for ultimate distribution to the public is affected with a public interest, and that Federal regulation in matters relating to the transportation of natural gas and the sale thereof in interstate and foreign commerce is necessary in the public interest.
**(b) Transactions to which provisions of chapter applicable** The provisions of this chapter shall apply to the transportation of natural gas in interstate commerce, to the sale in interstate commerce of natural gas for resale for ultimate public consumption for domestic, commercial, industrial, or any other use, and to natural-gas companies engaged in such transportation or sale, and to the importation or exportation of natural gas in foreign commerce and to persons engaged in such importation or exportation, but shall not apply to any other transportation or sale of natural gas or to the local distribution of natural gas or to the facilities used for such distribution or to the production or gathering of natural gas.
**(c) Intrastate transactions exempt from provisions of chapter; certification from State commission as conclusive evidence** The provisions of this chapter shall not apply to any person engaged in or legally authorized to engage in the transportation in interstate commerce or the sale in interstate commerce for resale, of natural gas received by such person from another person within or at the boundary of a State if all the natural gas so received is ultimately consumed within such State, or to any fa
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Natural Gas Act.”
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Presidential declaration** The President may declare a natural gas supply emergency (or extend a previously declared emergency) if he finds that—
(1) a severe natural gas shortage, endangering the supply of natural gas for high-priority uses, exists or is imminent in the United States or in any region thereof; and
(2) the exercise of authorities under section 3362 or [section 3363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3363&num=0&edition=prelim) is reasonably necessary, having exhausted other alternatives to the maximum extent practicable, to assist in meeting natural gas requirements for such high-priority uses.
**(b) Limitation**
(1) **Expiration** — Any declaration of a natural gas supply emergency (or extension thereof) under subsection (a), shall terminate at the earlier of—
(A) the date on which the President finds that any shortage described in subsection (a) does not exist or is not imminent; or
(B) 120 days after the date of such declaration of emergency (or extension thereof).
(2) **Extensions** — Nothing in this subsection shall prohibit the President from extending, under subsection (a), any emergency (or extension thereof), previously declared under subsection (a), upon the expiration of such declaration of emergency (or extension thereof) under paragraph (1)(B).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Information**
(1) **Obtaining of information** — In order to obtain information to carry out his authority under this part, the President may—
(A) sign and issue subpenas for the attendance and testimony of witnesses and the production of books, records, papers, and other documents;
(B) require any person, by general or special order, to submit answers in writing to interrogatories, requests for reports or for other information, and such answers shall be made within such reasonable period, and under oath or otherwise as the President may determine; and
(c) 11 So in original. Probably should be “(C)”. secure, upon request, any information from any Federal agency.
(2) **Enforcement of subpenas and orders** — The appropriate United States district court may, upon petition of the Attorney General at the request of the President, in the case of refusal to obey a subpena or order of the President issued under this subsection, issue an order requiring compliance therewith, and any failure to obey an order of the court may be punished by the court as a contempt thereof.
**(b) Reporting of prices and volumes** In issuing any order under section 3362 or 3363 of this title, the President shall require that the prices and volumes of natural gas delivered, transported, or contracted for pursuant to such order shall be reported to him on a weekly basis. Such reports shall be made available to the Congress.
**(c) Presidential reports to Congress** The President shall report to the Congress, not later than 90 days following the termination under [section 3361(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3361/b&num=0&edition=prelim) of any declaration of a natural gas supply emergency (or extension thereof) under [secti
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** It shall be unlawful for any person to violate any provision of this chapter or any rule or order under this chapter.
**(b) Civil enforcement**
(1) **In general** — Except as provided in paragraph (2), whenever it appears to the Commission that any person is engaged or about to engage in any act or practice which constitutes or will constitute a violation of any provision of this chapter, or of any rule or order thereunder, the Commission may bring an action in the District Court of the United States for the District of Columbia or any other appropriate district court of the United States to enjoin such act or practice and to enforce compliance with this chapter, or any rule or order thereunder.
(2) **Enforcement of emergency orders** — Whenever it appears to the President that any person has engaged, is engaged, or is about to engage in acts or practices constituting a violation of any order under [section 3362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3362&num=0&edition=prelim) or any order or supplemental order issued under [section 3363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3363&num=0&edition=prelim), the President may bring a civil action in any appropriate district court of the United States to enjoin such acts or practices.
(3) **Repealed. Pub. L. 101–60, § 3(a)(4)(B), July 26, 1989, 103 Stat. 158**
(4) **Relief available** — In any action under paragraph (1) or (2), the court shall, upon a proper showing, issue a temporary restraining order or preliminary or permanent injunction without bond. In any such action, the court may also issue a mandatory injunction commanding any person to comply with any applicable provision of law, rule, or
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Orders**
(1) **In general** — The provisions of this subsection shall apply to judicial review of any order, within the meaning of [section 551(6) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/6&num=0&edition=prelim) (other than an order assessing a civil penalty under [section 3414(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3414/b/4&num=0&edition=prelim) or any order under [section 3362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3362&num=0&edition=prelim) or any order under [section 3363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3363&num=0&edition=prelim)), issued under this chapter and to any final agency action under this chapter required to be made on the record after an opportunity for an agency hearing.
(2) **Rehearing** — Any person aggrieved by any order issued by the Commission in a proceeding under this chapter to which such person is a party may apply for a rehearing within 30 days after the issuance of such order. Any application for rehearing shall set forth the specific ground upon which such application is based. Upon the filing of such application, the Commission may grant or deny the requested rehearing or modify the original order without further hearing. Unless the Commission acts upon such application for rehearing within 30 days after it is filed, such application shall be deemed to have been denied. No person may bring an action under this section to obtain judicial review of any order of the Commission unless—
(A) such person shall have made application to the Commission for rehearing under this subsection; and
(B) the Commission shall have
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Presidential declaration** The President may declare a natural gas supply emergency (or extend a previously declared emergency) if he finds that—
(1) a severe natural gas shortage, endangering the supply of natural gas for high-priority uses, exists or is imminent in the United States or in any region thereof; and
(2) the exercise of authorities under this section is reasonably necessary, having exhausted other alternatives (not including [section 3363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3363&num=0&edition=prelim)) to the maximum extent practicable, to assist in meeting natural gas requirements for such high-priority uses.
**(b) Limitation**
(1) Any declaration of a natural gas supply emergency (or extension thereof) under subsection (a), shall terminate at the earlier of—
(A) the date on which the President finds that any shortage described in subsection (a) does not exist or is not imminent; or
(B) 120 days after the date of such declaration of emergency (or extension thereof).
(2) Nothing in this subsection shall prohibit the President from extending, under subsection (a), any emergency (or extension thereof) previously declared under subsection (a), upon the expiration of such declaration of emergency (or extension thereof) under paragraph (1)(B).
**(c) Prohibitions** During a natural gas emergency declared under this section, the President may, by order, prohibit the burning of natural gas by any electric powerplant or major fuel-burning installation if the President determines that—
(1) such powerplant or installation had on September 1, 1977 (or at any time thereafter) the capability to burn petroleum products without damage to its facilities or equipment and without interference with opera
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Federal law — U.S. Code and appendices · legal_authorities
Page 2003
TITLE 15—COMMERCE AND TRADE
§ 3363
SUBCHAPTER III—ADDITIONAL
AUTHORITIES AND REQUIREMENTS
PART A—EMERGENCY AUTHORITY
§ 3361. Declaration of emergency
(a) Presidential declaration
The President may declare a natural gas sup-
ply emergency (or extend a previously declared
emergency) if he finds that—
(1) a severe natural gas shortage, endan-
gering the supply of natural gas for high-pri-
ority uses, exists or is imminent in the United
States or in any region thereof; and
(2) the exercise of authorities under section
3362 or section 3363 of this title is reasonably
necessary,
having
exhausted
other
alter-
natives to the maximum extent practicable, to
assist in meeting natural gas requirements for
such high-priority uses.
(b) Limitation
(1) Expiration
Any declaration of a natural gas supply
emergency (or extension thereof) under sub-
section (a), shall terminate at the earlier of—
(A) the date on which the President finds
that any shortage described in subsection (a)
does not exist or is not imminent; or
(B) 120 days after the date of such declara-
tion of emergency (or extension thereof).
(2) Extensions
Nothing in this subsection shall prohibit the
President from extending, under subsection
(a), any emergency (or extension thereof), pre-
viously declared under subsection (a), upon
the expiration of such declaration of emer-
gency (or extension thereof) under paragraph
(1)(B).
(Pub. L. 95–621, title III, § 301, Nov. 9, 1978, 92
Stat. 3381.)
Executive Documents
DELEGATION OF FUNCTIONS
Functions of President under this subchapter, except
for authority to declare, extend, and terminate a na-
tional gas supply emergency pursuant to this section,
delegated to Secretary of Energy, see section 1–101 of
Ex. Ord. No. 12235, Sept. 3, 1980,
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Federal law — U.S. Code and appendices · legal_authorities
Page 1186
TITLE 15—COMMERCE AND TRADE
§ 715l
§ 715l. Repealed. June 22, 1942, ch. 436, 56 Stat.
381
Section, acts Feb. 22, 1935, ch. 18, § 13, 49 Stat. 33; June
14, 1937, ch. 335, 50 Stat. 257; June 29, 1939, ch. 250, 53
Stat. 927, provided for expiration of this chapter on
June 30, 1942.
§ 715m. Cooperation between Secretary of the In-
terior and Federal and State authorities
The Secretary of the Interior, in carrying out
the Act of February 22, 1935, as amended (15
U.S.C., ch. 15A), is authorized to cooperate with
Federal and State authorities.
(June 25, 1946, ch. 472, § 3, 60 Stat. 307.)
Editorial Notes
REFERENCES IN TEXT
Act of February 22, 1935, referred to in text, is act
Feb. 22, 1935, ch. 18, 49 Stat. 30, popularly known as the
‘‘Hot Oil Act’’ and also as the ‘‘Connally Hot Oil Act’’,
which is classified generally to this chapter. For com-
plete classification of this Act to the Code, see Short
Title note set out under section 715 of this title and Ta-
bles.
CODIFICATION
Section was not enacted as a part of act Feb. 22, 1935,
which comprises this chapter.
Executive Documents
DELEGATION OF FUNCTIONS
Delegation of President’s authority to Secretary of
the Interior, see note set out under section 715j of this
title.
CHAPTER 15B—NATURAL GAS
Sec.
717.
Regulation of natural gas companies.
717a.
Definitions.
717b.
Exportation or importation of natural gas;
LNG terminals.
717b–1.
State and local safety considerations.
717c.
Rates and charges.
717c–1.
Prohibition on market manipulation.
717d.
Fixing rates and charges; determination of
cost of production or transportation.
717e.
Ascertainment of cost of property.
717f.
Construction, extension, or abandonment of
facilities.
717g.
Accounts; records; memoranda.
717h.
Rates of
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