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42 U.S.C. § 7195 — Requests for adjustments

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42 U.S.C. § 7195 — Requests for adjustments

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Source location: Title 42, Chapter 84, § 7195; chapter-084-department-of-energy.md

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**(a)** The Secretary or any officer designated by him shall provide for the making of such adjustments to any rule, regulation or order described in [section 7191(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7191/a&num=0&edition=prelim) issued under the Federal Energy Administration Act [[15 U.S.C. 761](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section761&num=0&edition=prelim) et seq.], the Emergency Petroleum Allocation Act of 1973 11 See References in Text note below. [[15 U.S.C. 751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section751&num=0&edition=prelim) et seq.], the Energy Supply and Environmental Coordination Act of 1974 [[15 U.S.C. 791](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section791&num=0&edition=prelim) et seq.], or the Energy Policy and Conservation Act [[42 U.S.C. 6201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6201&num=0&edition=prelim) et seq.], consistent with the other purposes of the relevant Act, as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens, and shall by rule, establish procedures which are available to any person for the purpose of seeking an interpretation, modification, or recission 22 So in original. Probably should be “recision”. of, exception to, or exemption from, such rule, regulation or order. The Secretary or any such officer shall additionally insure that each decision on any application or petition requesting an adjustment shall specify the standards of hardship, inequity, or unfair distribution of burden by which any disposition was made, and the specific application of such standards to the facts contained in any such application or petition. **(b)** (1) If any person is aggrieved or adversely affected by a denial of a request for adjustment under subsection (a) such person may request a review of such denial by the Commission and may obtain judicial review in accordance with this subchapter when such a denial becomes final. (2) The Commission shall, by rule, establish appropriate procedures, including a hearing when requested, for review of a denial. Action by the Commission under this section shall be considered final agency action within the meaning of [section 704 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section704&num=0&edition=prelim) and shall not be subject to further review by the Secretary or any officer or employee of the Department. Litigation involving judicial review of such action shall be the responsibility of the Secretary.

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

5 U.S.C. § 704 — Actions reviewable

Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review. A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on the review of the final agency action. Except as otherwise expressly required by statute, agency action otherwise final is final for the purposes of this section whether or not there has been presented or determined an application for a declaratory order, for any form of reconsideration, or, unless the agency otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority.

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15 U.S.C. § 761 — Congressional declaration of purpose

**(a) Objectives** The Congress hereby declares that the general welfare and the common defense and security require positive and effective action to conserve scarce energy supplies, to insure fair and efficient distribution of, and the maintenance of fair and reasonable consumer prices for, such supplies, to promote the expansion of readily usable energy sources, and to assist in developing policies and plans to meet the energy needs of the Nation. **(b) Necessity for reorganization** The Congress finds that to help achieve these objectives, and to assure a coordinated and effective approach to overcoming energy shortages, it is necessary to reorganize certain agencies and functions of the executive branch and to establish a Federal Energy Administration. **(c) Creation of Federal Energy Administration** The sole purpose of this chapter is to create an administration in the executive branch, called the Federal Energy Administration, to vest in the Administration certain functions as provided in this chapter, and to transfer to such Administration certain executive branch functions authorized by other laws, where such transfer is necessary on an interim basis to deal with the Nation’s energy shortages.

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42 U.S.C. § 6201 — Procedure for Congressional review of Presidential requests to implement certain authorities

**(a) “Energy action” defined** For purposes of this section, the term “energy action” means any matter required to be transmitted, or submitted to the Congress in accordance with the procedures of this section. **(b) Transmittal of energy action to Congress** The President shall transmit any energy action (bearing an identification number) to both Houses of Congress on the same day. If both Houses are not in session on the day any energy action is received by the appropriate officers of each House, for purposes of this section such energy action shall be deemed to have been transmitted on the first succeeding day on which both Houses are in session. **(c) Effective date of energy action** (1) Except as provided in paragraph (2) of this subsection, if energy action is transmitted to the Houses of Congress, such action shall take effect at the end of the first period of 15 calendar days of continuous session of Congress after the date on which such action is transmitted to such Houses, unless between the date of transmittal and the end of such 15-day period, either House passes a resolution stating in substance that such House does not favor such action. (2) An energy action described in paragraph (1) may take effect prior to the expiration of the 15-calendar-day period after the date on which such action is transmitted, if each House of Congress approves a resolution affirmatively stating in substance that such House does not object to such action. **(d) Computation of period** For the purpose of subsection (c) of this section— (1) continuity of session is broken only by an adjournment of Congress sine die; and (2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the

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15 U.S.C. § 791 — Congressional declaration of purpose

The purposes of this chapter are (1) to provide for a means to assist in meeting the essential needs of the United States for fuels, in a manner which is consistent, to the fullest extent practicable, with existing national commitments to protect and improve the environment, and (2) to provide requirements for reports respecting energy resources.

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

15 U.S.C. § 751 — Untitled legal text

Page 1230 TITLE 15—COMMERCE AND TRADE §§ 721, 722 amendment of subsec. (a) by inserting ‘‘or with an enti- ty the Secretary determines is qualified to construct and operate a liquefied natural gas project to transport liquefied natural gas from Southcentral Alaska to West Coast States,’’ before ‘‘to issue’’, was executed to par. (1) of subsec. (a) to reflect the probable intent of Con- gress. Subsec. (b)(1). Pub.L. 108–199, § 146(2), as amended by Pub. L. 108–447, § 114(1)–(3), inserted before period at end ‘‘, or after the Secretary certifies there exists a quali- fied entity to construct and operate a liquefied natural gas project to transport liquefied natural gas from Southcentral Alaska to West Coast States. In no case shall loan guarantees be issued for more than one qualified project’’. Subsec. (b)(4). Pub. L. 108–447, § 114(b), added par. (4). Subsec. (c)(2). Pub. L. 108–199, § 146(3), as amended by Pub. L. 108–447, § 114(1), (2), (4), which directed the amendment of subsec. (a)(2) by inserting ‘‘, except that the total amount of principal that may be guaranteed for a qualified liquefied natural gas project may not ex- ceed a principal amount in which the cost of loan guar- antees, as defined by section 661a(5) of title 2, exceeds $2,000,000,000’’ before period at end, was executed by making the amendment to subsec. (c)(2), to reflect the probable intent of Congress. Subsec. (g)(4). Pub.L. 108–199, § 146(4), as amended by Pub. L. 108–447, § 114(1), (2), (5), inserted ‘‘or system’’ after ‘‘gas transportation project’’ and ‘‘liquification plants and liquefied natural gas tankers for transpor- tation of liquefied natural gas from Southcentral Alas- ka to the West Coast’’ after ‘‘including gas treatment plants’’. Statutory Notes and Related

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

15 U.S.C. § 761 — Congressional declaration of purpose

Page 1231 TITLE 15—COMMERCE AND TRADE § 761 Section 760b, Pub. L. 93–159, § 13, as added Pub. L. 94–163, title IV, § 456, Dec. 22, 1975, 89 Stat. 952, related to standby purchase authority of President. Section 760c, Pub. L. 93–159, § 14, as added Pub. L. 94–163, title IV, § 457, Dec. 22, 1975, 89 Stat. 953, related to direct Presidential control of refinery operations. Section 760d, Pub. L. 93–159, § 15, as added Pub. L. 94–163, title IV, § 458, Dec. 22, 1975, 89 Stat. 953, related to Presidential control of domestic oil and oil product inventories. Section 760e, Pub. L. 93–159, § 16, as added Pub. L. 94–163, title IV, § 459, Dec. 22, 1975, 89 Stat. 954, prohib- ited willful accumulation of excess crude, etc., oil dur- ing severe energy supply interruption. Section 760f, Pub. L. 93–159, § 17, as added Pub. L. 94–163, title IV, § 460, Dec. 22, 1975, 89 Stat. 955, author- ized President to amend regulations requiring alloca- tion of asphalt, and thereafter to exempt asphalt from such regulation. Section 760g, Pub. L. 93–159, § 18, as added Pub. L. 94–163, title IV, § 461, Dec. 22, 1975, 89 Stat. 955, provided for conversion of certain Presidential authority from mandatory to discretionary, for expiration of certain limitations, and for expiration, at midnight Sept. 30, 1981, of President’s authority to promulgate and amend any regulation or to issue any order under this chapter, but such expiration not to affect any action or pending proceedings, administrative, civil, or criminal, not fi- nally determined on such date, nor any administrative, civil, or criminal action or proceeding, whether or not pending, based upon any act committed or liability in- curred prior to such expiration date. Section 760h, Pub. L. 93–159, § 19, as added Pub. L. 94

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

15 U.S.C. § 791 — Congressional declaration of purpose

Page 1252 TITLE 15—COMMERCE AND TRADE § 791 1 See References in Text note below. Sec. 793. Protection of public health and environment. 794. Energy conservation study. 795. Report to Congress by January 31, 1975. 796. Reporting of energy information. 797. Enforcement. 798. Definitions. § 791. Congressional declaration of purpose The purposes of this chapter are (1) to provide for a means to assist in meeting the essential needs of the United States for fuels, in a manner which is consistent, to the fullest extent prac- ticable, with existing national commitments to protect and improve the environment, and (2) to provide requirements for reports respecting en- ergy resources. (Pub. L. 93–319, § 1(b), June 22, 1974, 88 Stat. 246.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–319 which, in addition to enacting this chapter and provision set out as a note under this section, enacted sections 1857c–10 and 1857f–6f of Title 42, The Public Health and Welfare, and amended sections 1857b–1, 1857c–5, 1857c–8, 1857c–9, 1857d–1, 1857f–1, 1857f–6e, 1857f–7, 1857h–5, and 1857l of Title 42. For complete classification of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 93–319, § 1(a), June 22, 1974, 88 Stat. 246, pro- vided that Pub. L. 93–319 [enacting this chapter, enact- ing sections 1857c–10 and 1857f–6f of Title 42, The Public Health and Welfare, and amending sections 1857b–1, 1857c–5, 1857c–8, 1857c–9, 1857d–1, 1857f–1, 1857f–6e, 1857f–7, 1857h–5, and 1857l of Title 42] may be cited as the ‘‘En- ergy Supply and Environmental Coordination Act of 1974’’. § 792. Coal conversion and allocation (a) Powerplant and fuel burni

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42 U.S.C. § 6201 — Congressional statement of purpose

Page 6651 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6201 Sec. 6422. Expedited procedure for Congressional consid- eration of certain authorities. § 6201. Congressional statement of purpose The purposes of this chapter are— (1) to grant specific authority to the Presi- dent to fulfill obligations of the United States under the international energy program; (2) to provide for the creation of a Strategic Petroleum Reserve capable of reducing the im- pact of severe energy supply interruptions; (3) Repealed. Pub. L. 106–469, title I, § 102(2), Nov. 9, 2000, 114 Stat. 2029; (4) to conserve energy supplies through en- ergy conservation programs, and, where nec- essary, the regulation of certain energy uses; (5) to provide for improved energy efficiency of motor vehicles, major appliances, and cer- tain other consumer products; (6) Repealed. Pub. L. 106–469, title I, § 102(2), Nov. 9, 2000, 114 Stat. 2029; (7) to provide a means for verification of en- ergy data to assure the reliability of energy data; and (8) to conserve water by improving the water efficiency of certain plumbing products and appliances. (Pub. L. 94–163, § 2, Dec. 22, 1975, 89 Stat. 874; Pub. L. 102–486, title I, § 123(a), Oct. 24, 1992, 106 Stat. 2817; Pub. L. 106–469, title I, § 102, Nov. 9, 2000, 114 Stat. 2029.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory clause, was in the original ‘‘this Act’’, meaning Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act. For complete classification of this Act to the Code, see Short Title note set out below and Tables. AMENDMENTS 2000—Par. (1). Pub. L. 106–469, § 102(1), struck out ‘‘standby’’ after ‘‘grant specific’’ and ‘‘, subject to con- gressional review, to im

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

42 U.S.C. § 7195 — Report to Congress; contents

Page 7080 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7194 1 See References in Text note below. 2 So in original. Probably should be ‘‘recision’’. (e) Effect on procedural action taken by Sec- retary prior to issuance of initial remedial order Nothing in preceding provisions of this section shall be construed to affect any procedural ac- tion taken by the Secretary prior to or incident to initial issuance of a remedial order which is the subject of the hearing provided in preceding provisions of this section, but such procedures shall be reviewable in the hearing. (f) Savings provision The provisions of preceding provisions of this section shall be applicable only with respect to proceedings initiated by a notice of probable violation issued after October 1, 1977. (g) Retroactive application; marketing of petro- leum products With respect to any person whose sole petro- leum industry operation relates to the mar- keting of petroleum products, the Secretary or any person acting on his behalf may not exercise discretion to maintain a civil action (other than an action for injunctive relief) or issue a reme- dial order against such person for any violation of any rule or regulation if— (1) such civil action or order is based on a retroactive application of such rule or regula- tion or is based upon a retroactive interpreta- tion of such rule or regulation; and (2) such person relied in good faith upon rules, regulations, or ruling in effect on the date of the violation interpreting such rules or regulations. (Pub. L. 95–91, title V, § 503, Aug. 4, 1977, 91 Stat. 590; Pub. L. 95–620, title VIII, § 805, Nov. 9, 1978, 92 Stat. 3348.) Editorial Notes REFERENCES IN TEXT The Emergency Petroleum Allocation Act of 1973, re- ferred to in subsec. (a), is P

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