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15 U.S.C. § 717z — Emergency conversion of utilities and other facilities

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 717z — Emergency conversion of utilities and other facilities

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Stable record: federal_law:legal_authorities:record_usc_275a1e7ae60e6622696895bd
Source file: Laws/federal/codes/united-states-code/title-15/section-717z-emergency-conversion-of-utilities-and-other-facilities--4b35c03d9a.md
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Source location: Title 15, Chapter 15B, § 717z; chapter-15b-natural-gas.md

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**(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 operational requirements; (2) significant quantities of natural gas which would otherwise be burned by such powerplant or installation could be made available before the termination of such emergency to any person served by an interstate pipeline for use by such person in a high-priority use; and (3) petroleum products will be available for use by such powerplant or installation throughout the period the order is in effect. **(d) Limitations** The President may specify in any order issued under this section the periods of time during which such order will be in effect and the quantity (or rate of use) of natural gas that may be burned by an electric powerplant or major fuel-burning installation during such period, including the burning of natural gas by an electric powerplant to meet peak load requirements. No such order may continue in effect after the termination or expiration of such natural gas supply emergency. **(e) Exemption for secondary uses** The President shall exempt from any order issued under this section the burning of natural gas for the necessary processes of ignition, startup, testing, and flame stabilization by an electric powerplant or major fuel-burning installation. **(f) Exemption for air-quality emergencies** The President shall exempt any electric powerplant or major fuel-burning installation in whole or in part, from any order issued under this section for such period and to such extent as the President determines necessary to alleviate any imminent and substantial endangerment to the health of persons within the meaning of [section 7603 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7603&num=0&edition=prelim). **(g) Limitation on injunctive relief** (1) Except as provided in paragraph (2), no court shall have jurisdiction to grant any injunctive relief to stay or defer the implementation of any order issued under this section unless such relief is in connection with a final judgment entered with respect to such order. (2) (A) On the petition of any person aggrieved by an order issued under this section, the United States District Court for the District of Columbia may, after an opportunity for a hearing before such court and on an appropriate showing, issue a preliminary injunction temporarily enjoining, in whole or in part, the implementation of such order. (B) For purposes of this paragraph, subpenas for witnesses who are required to attend the District Court for the District of Columbia may be served in any judicial district of the United States, except that no writ of subpena under the authority of this section shall issue for witnesses outside of the District of Columbia at a greater distance than 100 miles from the place of holding court unless the permission of the District Court for the District of Columbia has been granted after proper application and cause shown. **(h) Definitions** For purposes of this section— (1) The terms “electric powerplant”, “powerplant”, “major fuel-burning installation”, and “installation” shall have the same meanings as such terms have under [section 8302 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8302&num=0&edition=prelim). (2) The term “petroleum products” means crude oil, or any product derived from crude oil other than propane. (3) The term “high priority use” means any— (A) use of natural gas in a residence; (B) use of natural gas in a commercial establishment in amounts less than 50 Mcf on a peak day; or (C) any use of natural gas the curtailment of which the President determines would endanger life, health, or maintenance of physical property. (4) The term “Mcf”, when used with respect to natural gas, means 1,000 cubic feet of natural gas measured at a pressure of 14.73 pounds per square inch (absolute) and a temperature of 60 degrees Fahrenheit. **(i) Use of general terms** In applying the provisions of this section in the case of natural gas subject to a prohibition order issued under this section, the term “petroleum products” (as defined in subsection (h)(2) of this section) shall be substituted for the term “heavy petroleum fuel oil” (as defined in [section 717y(e)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717y/e/7&num=0&edition=prelim)) if the person subject to any order under this section demonstrates to the Commission that the acquisition and use of heavy petroleum fuel oil is not technically or economically feasible.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3363 — Emergency purchase authority

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3363

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2602 — Relationship to other authority

Nothing in this chapter shall be construed to limit or affect any authority of the Secretary or the Commission under any other provision of law.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3364 — Emergency allocation authority

**(a) In general** In order to assist in meeting natural gas requirements for high-priority uses of natural gas 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 order, allocate supplies of natural gas under subsections (b), (c), and (d) to— (1) any interstate pipeline; (2) any local distribution company— (A) which is served by any interstate pipeline; (B) which is providing natural gas only for high-priority uses; and (C) which is in need of deliveries of natural gas to assist in meeting natural gas requirements for high-priority uses of natural gas; and (3) any person for meeting requirements of high-priority uses of natural gas. **(b) Allocation of certain boiler fuel gas** (1) **Required finding** — The President shall not allocate supplies of natural gas under this subsection unless he finds that— (A) to the maximum extent practicable, emergency purchase authority under [section 3362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3362&num=0&edition=prelim) has been utilized to assist in meeting natural gas requirements for high-priority uses of natural gas; (B) emergency purchases of natural gas supplies under [section 3362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3362&num=0&edition=prelim) are not likely to satisfy the natural gas requirements for such high-priority uses; (C) the exercise of authority under this subsection is reasonably necessary to assist in meeting natural gas requirements for such high-priority uses; and (D) any interstate pipeline or local distribution company receivin

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3364

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7603 — Emergency powers

Notwithstanding any other provision of this chapter, the Administrator, upon receipt of evidence that a pollution source or combination of sources (including moving sources) is presenting an imminent and substantial endangerment to public health or welfare, or the environment, may bring suit on behalf of the United States in the appropriate United States district court to immediately restrain any person causing or contributing to the alleged pollution to stop the emission of air pollutants causing or contributing to such pollution or to take such other action as may be necessary. If it is not practicable to assure prompt protection of public health or welfare or the environment by commencement of such a civil action, the Administrator may issue such orders as may be necessary to protect public health or welfare or the environment. Prior to taking any action under this section, the Administrator shall consult with appropriate State and local authorities and attempt to confirm the accuracy of the information on which the action proposed to be taken is based. Any order issued by the Administrator under this section shall be effective upon issuance and shall remain in effect for a period of not more than 60 days, unless the Administrator brings an action pursuant to the first sentence of this section before the expiration of that period. Whenever the Administrator brings such an action within the 60-day period, such order shall remain in effect for an additional 14 days or for such longer period as may be authorized by the court in which such action is brought.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7603

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 8302 — Definitions

**(a) Generally** Unless otherwise expressly provided, for the purposes of this chapter— (1) The term “Secretary” means the Secretary of Energy. (2) The term “person” means any (A) individual, corporation, company, partnership, association, firm, institution, society, trust, joint venture, or joint stock company, (B) any State, the District of Columbia, Puerto Rico, and any territory or possession of the United States, or (C) any agency or instrumentality (including any municipality) thereof. (3) (A) Except as provided in subparagraph (B), the term “natural gas” means any fuel consisting in whole or in part of— (i) natural gas; (ii) liquid petroleum gas; (iii) synthetic gas derived from petroleum or natural gas liquids; or (iv) any mixture of natural gas and synthetic gas. (B) The term “natural gas” does not include— (i) natural gas which is commercially unmarketable (either by reason of quality or quantity), as determined under rules prescribed by the Secretary; (ii) natural gas produced by the user from a well the maximum efficient production rate of which is less than 250 million Btu’s per day; (iii) natural gas to the extent the exclusion of such gas is provided for in subsection (b); or (iv) synthetic gas, derived from coal or other alternate fuel, the heat content of which is less than 600 Btu’s per cubic foot at 14.73 pounds per square inch (absolute) and 60 degrees Fahrenheit. (4) The term “petroleum” means crude oil and products derived from crude oil, other than— (A) synthetic gas derived from crude oil; (B) liquid petroleum gas; (C) liquid, solid, or gaseous waste byproducts of refinery operations which are commercially unmarketable, either by reason of quality or quantity, as determined under rules p

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3371 — Miscellaneous provisions

**(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

15 U.S.C. § 717y — Voluntary conversion of natural gas users to heavy fuel oil

**(a) Transfer of contractual interests** (1) In order to facilitate voluntary conversion of facilities from the use of natural gas to the use of heavy petroleum fuel oil, the Commission shall, by rule, provide a procedure for the approval by the Commission of any transfer to any person described in paragraph 2(B)(i), (ii), or (iii) of contractual interests involving the receipt of natural gas described in paragraph 2(A). (2) (A) The rule required under paragraph (1) shall apply to— (i) natural gas— (I) received by the user pursuant to a contract entered into before September 1, 1977, not including any renewal or extension thereof entered into on or after such date other than any such extension or renewal pursuant to the exercise by such user of an option to extend or renew such contract; (II) other than natural gas the sale for resale or the transportation of which was subject to the jurisdiction of the Federal Power Commission 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.] as of September 1, 1977; (III) which was used as a fuel in any facility in existence on September 1, 1977. (ii) natural gas subject to a prohibition order issued under [section 717z of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717z&num=0&edition=prelim). (B) The rule required under paragraph (1) shall permit the transfer of contractual interests— (i) to any interstate pipeline; (ii) to any local distribution company served by an interstate pipeline; and (iii) to any person served by an interstate pipeline for a high priority use by such person. (3) The rule required under paragraph (1) shall pro

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 717y

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 717z — Emergency conversion of utilities and

Page 1205 TITLE 15—COMMERCE AND TRADE § 717z under subsection (a)(1) of this section shall be deemed just and reasonable for purposes of sec- tions 4 and 5 of the Natural Gas Act [15 U.S.C. 717c, 717d] if such consideration does not exceed just compensation. (2) No person shall be subject to the jurisdic- tion of the Commission under the Natural Gas Act [15 U.S.C. 717 et seq.] as a natural gas-com- pany (within the meaning of such Act) or to reg- ulation as a common carrier under any provi- sion of Federal or State law solely by reason of making any sale, or engaging in any transpor- tation, of natural gas with respect to which con- tractual interests are transferred pursuant to the rule required under subsection (a)(1). (3) Nothing in this section shall exempt from the jurisdiction of the Commission under the Natural Gas Act [15 U.S.C. 717 et seq.] any trans- portation in interstate commerce of natural gas, any sale in interstate commerce for resale of natural gas, or any person engaged in such transportation or such sale to the extent such transportation, sale, or person is subject to the jurisdiction of the Commission under such Act without regard to the transfer of contractual in- terests pursuant to the rule required under sub- section (a)(1). (4) Nothing in this section shall exempt any person from any obligation to obtain a certifi- cate of public convenience and necessity for the sale in interstate commerce for resale or the transportation in interstate commerce of nat- ural gas with respect to which contractual inter- ests are transferred pursuant to the rule re- quired under subsection (a)(1). (g) Volume limitation No supplier of natural gas under any contract, with respect to which contractual interests have been transferred pursuant

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