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

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

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

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Stable record: federal_law:legal_authorities:record_usc_ea974687204f975808791da7
Source file: Laws/federal/codes/united-states-code/title-15/section-3371-miscellaneous-provisions--d8dd451d04.md
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Source location: Title 15, Chapter 60, § 3371; chapter-060-natural-gas-policy.md

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**(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 [section 3361(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3361/a&num=0&edition=prelim), respecting the exercise of authority under section 3361, 3362, 3363 of this title, or this section. **(d) Delegation of authorities** The President may delegate all or any portion of the authority granted to him under section 3361, 3362, 3363 of this title, or this section to such Federal officers or agencies as he determines appropriate, and may authorize such redelegation as may be appropriate. Except with respect to [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim), any Federal officer or agency to which authority is delegated or redelegated under this subsection shall be subject only to such procedural requirements respecting the exercise of such authority as the President would be subject to if such authority were not so delegated. **(e) Antitrust protections** (1) **Defenses** — There shall be available as a defense for any person to civil or criminal action brought for violation of the Federal antitrust laws (or any similar law of any State) with respect to any action taken, or meeting held, pursuant to any order of the President under section 3363(b), (c), (d), or (i) of this title, or any meeting held pursuant to a request of the President under [section 3363(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3363/g&num=0&edition=prelim), if— (A) such action was taken or meeting held solely for the purpose of complying with the President’s request or order; (B) such action was not taken for the purpose of injuring competition; and (C) any such meeting complied with the requirements of paragraph (2). Persons interposing the defense provided by this subsection shall have the burden of proof, except that the burden shall be on the person against whom the defense is asserted with respect to whether the actions were taken for the purpose of injuring competition. (2) **Requirements of meetings** — With respect to any meeting held pursuant to a request by the President under [section 3363(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3363/g&num=0&edition=prelim) or pursuant to an order under [section 3363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3363&num=0&edition=prelim)— (A) there shall be present at such meeting a full-time Federal employee designated for such purposes by the Attorney General; (B) a full and complete record of such meeting shall be taken and deposited, together with any agreements resulting therefrom, with the Attorney General, who shall make it available for public inspection and copying; (C) the Attorney General and the Federal Trade Commission shall have the opportunity to participate from the beginning in the development and carrying out of agreements and actions under [section 3363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3363&num=0&edition=prelim), in order to propose any alternative which would avoid or overcome, to the greatest extent practicable, possible anticompetitive effects while achieving substantially the purposes of [section 3363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3363&num=0&edition=prelim) and any order thereunder; and (D) such other procedures as may be specified by the President in such request or order shall be complied with. **(f) Effect on certain contractual obligations** There shall be available as a defense to any action brought for breach of contract under Federal or State Law arising out of any act or omission that such act was taken or that such omission occurred for purposes of complying with any order issued under [section 3363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3363&num=0&edition=prelim). **(g) Preemption** Any order issued pursuant to this subchapter shall preempt any provision of any program for the allocation, emergency delivery, transportation, or purchase of natural gas established by any State or local government if such program is in conflict with any such order.

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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

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

**(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

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

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

5 U.S.C. § 552 — Public information; agency rules, opinions, orders, records, and proceedings

**(a)** Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public— (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format— (A) final opinions, including concurring and dissen

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552

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

15 U.S.C. § 3361 — Repealed. Pub. L. 100–42, § 2(a), May 21, 1987, 101 Stat. 314

### 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

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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

15 U.S.C. § 3371 — Authorization of certain sales and trans-

Page 2007 TITLE 15—COMMERCE AND TRADE § 3371 tunity to participate from the beginning in the development and carrying out of agree- ments and actions under section 3363 of this title, in order to propose any alternative which would avoid or overcome, to the greatest extent practicable, possible anti- competitive effects while achieving substan- tially the purposes of section 3363 of this title and any order thereunder; and (D) such other procedures as may be speci- fied by the President in such request or order shall be complied with. (f) Effect on certain contractual obligations There shall be available as a defense to any ac- tion brought for breach of contract under Fed- eral or State Law arising out of any act or omis- sion that such act was taken or that such omis- sion occurred for purposes of complying with any order issued under section 3363 of this title. (g) Preemption Any order issued pursuant to this subchapter shall preempt any provision of any program for the allocation, emergency delivery, transpor- tation, or purchase of natural gas established by any State or local government if such program is in conflict with any such order. (Pub. L. 95–621, title III, § 304, Nov. 9, 1978, 92 Stat. 3387.) Executive Documents EX. ORD. NO. 12235. ASSIGNMENT OF MANAGEMENT RESPONSIBILITY IN CASES OF NATURAL GAS EMERGENCIES Ex. Ord. No. 12235, Sept. 3, 1980, 45 F.R. 58803, pro- vided: By the authority vested in me as President by the Constitution and statutes of the United States of America, including Section 304(d) of the Natural Gas Policy Act of 1978 (92 Stat. 3387; 15 U.S.C. 3364(d)) and Section 301 of Title 3 of the United States Code, and in order to assign management responsibility in case of a natural gas supply emergency, it is hereby o

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 3371

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