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42 U.S.C. § 8515 — Standby Federal conservation plan
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of standby conservation plan**
(1) Within 90 days after November 5, 1979, the Secretary, in accordance with [section 7191 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7191&num=0&edition=prelim), shall establish a standby Federal emergency conservation plan. The Secretary may amend such plan at any time, and shall make such amendments public upon their adoption.
(2) The plan under this section shall be consistent with the attainment of the objectives of section 753(b)(1) 11 See References in Text note below. of title 15, and shall provide for the emergency reduction in the public and private use of each energy source for which an emergency conservation target is in effect or may be in effect under [section 8511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8511&num=0&edition=prelim).
**(b) Implementation of standby conservation plan**
(1) If the President finds—
(A) after a reasonable period of operation, but not less than 90 days, that a State emergency conservation plan approved and implemented under [section 8512 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8512&num=0&edition=prelim) is not substantially meeting a conservation target established under [section 8511(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8511/a&num=0&edition=prelim) for such State and it is likely that such target will continue to be unmet; and
(B) a shortage exists or is likely to exist in such State for the 60-day period beginning after such finding that is equal to or greater than 8 percent of the projected normal demand, as determined by the President, for an energy source for whi
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Source file: Laws/federal/codes/united-states-code/title-42/section-8515-standby-federal-conservation-plan--34319580e6.md
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Source location: Title 42, Chapter 93, § 8515; chapter-093-emergency-energy-conservation.md
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**(a) Establishment of standby conservation plan**
(1) Within 90 days after November 5, 1979, the Secretary, in accordance with [section 7191 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7191&num=0&edition=prelim), shall establish a standby Federal emergency conservation plan. The Secretary may amend such plan at any time, and shall make such amendments public upon their adoption.
(2) The plan under this section shall be consistent with the attainment of the objectives of section 753(b)(1) 11 See References in Text note below. of title 15, and shall provide for the emergency reduction in the public and private use of each energy source for which an emergency conservation target is in effect or may be in effect under [section 8511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8511&num=0&edition=prelim).
**(b) Implementation of standby conservation plan**
(1) If the President finds—
(A) after a reasonable period of operation, but not less than 90 days, that a State emergency conservation plan approved and implemented under [section 8512 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8512&num=0&edition=prelim) is not substantially meeting a conservation target established under [section 8511(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8511/a&num=0&edition=prelim) for such State and it is likely that such target will continue to be unmet; and
(B) a shortage exists or is likely to exist in such State for the 60-day period beginning after such finding that is equal to or greater than 8 percent of the projected normal demand, as determined by the President, for an energy source for which such conservation target has been established under [section 8511(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8511/a&num=0&edition=prelim);
(2) If the President finds after a reasonable period of time, that the conservation target established under [section 8511(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8511/a&num=0&edition=prelim) is not being substantially met and it is likely that such target will continue to be unmet in a State which—
(A) has no emergency conservation plan approved under [section 8512 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8512&num=0&edition=prelim); or
(B) the President finds has substantially failed to carry out the assurances regarding implementation set forth in the plan approved under [section 8512 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8512&num=0&edition=prelim),
then the President shall, after consultation with the Governor of such State, make effective in such State all or any part of the standby Federal conservation plan established under subsection (a) for such period or periods as the President determines appropriate to achieve the target in that State.
**(c) Basis for findings** Any finding under subsection (b) shall be accompanied by such information and analysis as is necessary to provide a basis therefor and shall be available to the Congress and the public.
**(d) Submission of State emergency conservation plan**
(1) 22 So in original. No par. (2) has been enacted. The Governor of a State in which all or any portion of the standby Federal conservation plan is or will be in effect may submit at any time a State emergency conservation plan, and if it is approved under [section 8512(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8512/c&num=0&edition=prelim), all or such portion of the standby Federal conservation plan shall cease to be effective in that State. Nothing in this paragraph shall affect any action or pending proceedings, administrative or civil, not finally determined on such date, nor any administrative or civil action or proceeding, whether or not pending, based upon any act committed or liability incurred prior to such cessation of effectiveness.
**(e) State substitute emergency conservation measures**
(1) After the President makes all or any part of the standby Federal conservation plan effective in any State or political subdivision under subsection (b), the Secretary shall provide procedures whereby such State or any political subdivision thereof may submit to the Secretary for approval one or more measures under authority of State or local law to be implemented by such State or political subdivision and to be substituted for any Federal measure in the Federal plan. The measures may include provisions whereby persons affected by such Federal measure are permitted to use alternative means of conserving at least as much energy as would be conserved by such Federal measure. Such measures shall provide effective procedures, as determined by the Secretary, for the approval and enforcement of such alternative means by such State or by any political subdivision thereof.
(2) The Secretary may approve the measures under paragraph (1) if he finds—
(A) that such measures when in effect will conserve at least as much energy as would be conserved by such Federal measure which would have otherwise been in effect in such State or political subdivision;
(B) such measures otherwise meet the requirements of this paragraph; and
(C) such measures would be approved under section 8512(c)(1)(B), (C), and (D) of this title.
(3) If the Secretary approves measures under this subsection such Federal measure shall cease to be effective in that State or political subdivision. Nothing in this paragraph shall affect any action or pending proceedings, administrative or civil, not finally determined on the date the Federal measure ceases to be effective in that State or political subdivision, nor any administrative or civil action or proceeding, whether or not pending, based upon any act committed or liability incurred prior to such cessation of effectiveness.
(4) If the Secretary finds after a reasonable period of time that the requirements of this subsection are not being met under the measures in effect under this subsection he may reimpose the Federal measure referred to in paragraph (1).
**(f) State authority to administer plan** At the request of the Governor of any State, the President may provide that the administration and enforcement of all or a portion of the standby Federal conservation plan made effective in that State under subsection (b) be in accordance with section 8512(d)(1), (2), and (4) of this title.
**(g) Presidential authority not to be delegated** Notwithstanding any other provision of law (other than subsection (f)), the authority vested in the President under this section may not be delegated.
**(h) Requirements of plan** The plan established under subsection (a) shall—
(1) taken as a whole, be designed so that the plan, if implemented, would be likely to achieve the emergency conservation target under [section 8511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8511&num=0&edition=prelim) for which it would be implemented,
(2) taken as a whole, be designed so as not to impose an unreasonably disproportionate share of the burden of restrictions on energy use on any specific class of industry, business, or commercial enterprise, or any individual segment thereof, and
(3) not contain any measure which the Secretary finds—
(A) is inconsistent with any otherwise applicable Federal law (including any rule or regulation under such law),
(B) is an undue burden on interstate commerce,
(C) is a tax, tariff, or user fee, or
(D) is a program for the assignment of rights for end-user purchases of gasoline or diesel fuel, as described in section 6263(a)(1)(A) and (B) 1 of this title.
**(i) Plan may not authorize weekend closings of retail gasoline stations**
(1) Except as provided in paragraph (2), the plan established under subsection (a) may not provide for the restriction of hours of sale of motor fuel at retail at any time between Friday noon and Sunday midnight.
(2) Paragraph (1) shall not preclude the restriction on such hours of sale if that restriction occurs in connection with a program for restricting hours of sale of motor fuel each day of the week on a rotating basis.
**(j) Civil penalties**
(1) Whoever violates the requirements of such a plan implemented under subsection (b) shall be subject to a civil penalty not to exceed $1,000 for each violation.
(2) Any penalty under paragraph (1) may be assessed by the court in any action brought in any appropriate United States district court or any other court of competent jurisdiction. Except to the extent provided under paragraph (3), any such penalty collected shall be deposited into the general fund of the United States Treasury as miscellaneous receipts.
(3) The Secretary may enter into an agreement with the Governor of any State under which amounts collected pursuant to this subsection may be collected and retained by the State to the extent necessary to cover costs incurred by that State in connection with the administration and enforcement of that portion of the standby Federal conservation plan for which authority is delegated to that State under subsection (f).
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter—
(1) The term “severe energy supply interruption”, when used with respect to motor fuel or any other energy source, means a national energy supply shortage of such energy source which the President determines—
(A) is, or is likely to be, of significant scope and duration;
(B) may cause major adverse impact on national security or the national economy; and
(C) results, or is likely to result, from an interruption in the energy supplies of the United States, including supplies of imported petroleum products, or from sabotage or an act of God.
(2) The term “international energy program” has the meaning given that term in [section 6202(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6202/7&num=0&edition=prelim).
(3) The term “motor fuel” means gasoline and diesel fuel.
(4) The term “person” includes (A) any individual, (B) any corporation, company, association, firm, partnership, society, trust, joint venture, or joint stock company, and (C) the government or any agency of the United States or any State or political subdivision thereof.
(5) The term “vehicle” means any vehicle propelled by motor fuel and manufactured primarily for use on public streets, roads, and highways.
(6) The term “Secretary” means the Secretary of Energy.
(7) The term “Governor” means the chief executive officer of a State.
(8) The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8512
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) Except as provided in paragraph (2) and beginning in fiscal year 1987 and in each fiscal year thereafter, the Federal Energy Regulatory Commission shall, using the provisions of this section and authority provided by other laws, assess and collect fees and annual charges in any fiscal year in amounts equal to all of the costs incurred by the Commission in that fiscal year.
(2) The provisions of this section shall not affect the authority, requirements, exceptions, or limitations in sections 803(e) and 823a(e) of title 16.
**(b) Basis for assessments** The fees or annual charges assessed shall be computed on the basis of methods that the Commission determines, by rule, to be fair and equitable.
**(c) Estimates** The Commission may assess fees and charges under this section by making estimates based on data available to the Commission at the time of assessment.
**(d) Time of payment** The Commission shall provide that the fees and charges assessed under this section shall be paid by the end of the fiscal year for which they were assessed.
**(e) Adjustments** The Commission shall, after the completion of a fiscal year, make such adjustments in the assessments for such fiscal year as may be necessary to eliminate any overrecovery or underrecovery of its total costs, and any overcharging or undercharging of any person.
**(f) Use of funds** All moneys received under this section shall be credited to the general fund of the Treasury.
**(g) Waiver** The Commission may waive all or part of any fee or annual charge assessed under this section for good cause shown.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7191
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that—
(1) serious disruptions have recently occurred in the gasoline and diesel fuel markets of the United States;
(2) it is likely that such disruptions will recur;
(3) interstate commerce is significantly affected by those market disruptions;
(4) an urgent need exists to provide for emergency conservation and other measures with respect to gasoline, diesel fuel, home heating oil, and other energy sources in potentially short supply in order to cope with market disruptions and protect interstate commerce; and
(5) up-to-date and reliable information concerning the supply and demand of gasoline, diesel fuel, and other related data is not available to the President, the Congress, or the public.
**(b) Purposes** The purposes of this chapter are to—
(1) provide a means for the Federal Government, States, and units of local government to establish emergency conservation measures with respect to gasoline, diesel fuel, home heating oil, and other energy sources which may be in short supply;
(2) establish other emergency measures to alleviate disruptions in gasoline and diesel fuel markets;
(3) obtain data concerning such fuels; and
(4) protect interstate commerce.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8511
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Federal law — U.S. Code and appendices · legal_authorities
Page 7623
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 8521
President referred to in subparagraph (B), or the
determination by the Secretary referred to in
subparagraph (C), as the case may be.
(2) The district court shall determine the ques-
tions of law and upon such determination cer-
tify such questions immediately to the United
States court of appeals for the circuit involved,
which shall hear the matter sitting en banc.
(3) Any decision by such court of appeals on a
matter certified under paragraph (2) shall be re-
viewable by the Supreme Court upon attainment
of a writ of certiorari. Any petition for such a
writ shall be filed no later than 20 days after the
decision of the court of appeals.
(b) Repealed. Pub. L. 98–620, title IV, § 402(42),
Nov. 8, 1984, 98 Stat. 3360
(c) Injunctive relief
With respect to judicial review under sub-
section (a)(1)(A), the court shall not have juris-
diction to grant any injunctive relief except in
conjunction with a final judgment entered in
the case.
(Pub. L. 96–102, title II, § 214, Nov. 5, 1979, 93 Stat.
764; Pub. L. 98–620, title IV, § 402(42), Nov. 8, 1984,
98 Stat. 3360.)
Editorial Notes
AMENDMENTS
1984—Subsec. (b). Pub. L. 98–620 struck out subsec. (b)
which required the court of appeals to advance on the
docket and to expedite to the greatest possible extent
the disposition of any matter certified under subsec.
(a)(2).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–620 not applicable to cases
pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620,
set out as an Effective Date note under section 1657 of
Title 28, Judiciary and Judicial Procedure.
§ 8515. Reports
(a) Monitoring
The Secretary shall monitor the implementa-
tion of State emergen
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 8515
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