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42 U.S.C. § 6243 — Records and accounts

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

42 U.S.C. § 6243 — Records and accounts

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Source file: Laws/federal/codes/united-states-code-2024/title-42/section-6243-records-and-accounts--f16284c4db.md
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Page 6676 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6242 REGULATIONS Pub. L. 105–388, § 9(b), Nov. 13, 1998, 112 Stat. 3484, pro- vided that: ‘‘(1) IN GENERAL.—The Secretary of Energy shall issue such regulations as are necessary to carry out the amendment made by subsection (a) [amending this sec- tion]. ‘‘(2) ADMINISTRATIVE PROCEDURE.—Regulations issued to carry out the amendment made by subsection (a) shall not be subject to— ‘‘(A) section 523 of the Energy Policy and Conserva- tion Act (42 U.S.C. 6393); or ‘‘(B) section 501 of the Department of Energy Orga- nization Act (42 U.S.C. 7191).’’ STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE Provisions related to drawdown and sale from the Strategic Petroleum Reserve were contained in the fol- lowing acts: Pub. L. 118–42, div. D, title III, § 308, Mar. 9, 2024, 138 Stat. 208. Pub. L. 117–58, div. I, § 90002(a)–(c)(1), Nov. 15, 2021, 135 Stat. 1342. Pub. L. 116–136, div. B, title IV, § 14002(b), Mar. 27, 2020, 134 Stat. 526. Pub. L. 116–94, div. C, title III, Dec. 20, 2019, 133 Stat. 2671. Pub. L. 115–270, title III, § 3009, Oct. 23, 2018, 132 Stat. 3870. Pub. L. 115–244, div. A, title III, Sept. 21, 2018, 132 Stat. 2908. Pub. L. 115–141, div. D, title III, Mar. 23, 2018, 132 Stat. 520. Pub. L. 115–141, div. O, title V, § 501(a), (b), Mar. 23, 2018, 132 Stat. 1079, 1080. Pub. L. 115–123, div. C, title II, § 30204(a), (b), Feb. 9, 2018, 132 Stat. 126, 127, as amended by Pub. L. 117–328, div. M, title III, § 1301(d), Dec. 29, 2022, 136 Stat. 5194. Pub. L. 115–97, title II, § 20003, Dec. 22, 2017, 131 Stat. 2237. Pub. L. 115–56, div. D, § 158, as added by Pub. L. 115–123, div. B, § 20101(2), Feb. 9, 2018, 132 Stat. 120. Pub. L. 114–255, div. A, title V, § 5010(a), (b), Dec. 13, 2016, 130 Stat. 1197, 1198. Pub. L. 114–94, div. C, title XXXII, § 32204, Dec. 4, 2015, 129 Stat. 1740, as amended by Pub. L. 117–328, div. M, title III, § 1301(c), Dec. 29, 2022, 136 Stat. 5194. Pub. L. 114–74, title IV, § 403, Nov. 2, 2015, 129 Stat. 589, as amended by Pub. L. 117–328, div. M, title III, § 1301(b), Dec. 29, 2022, 136 Stat. 5194. § 6242. Coordination with import quota system No quantitative restriction on the importa- tion of any petroleum product into the United States imposed by law shall apply to volumes of any such petroleum product imported into the United States for storage in the Reserve. (Pub. L. 94–163, title I, § 162, Dec. 22, 1975, 89 Stat. 889.) § 6243. Records and accounts (a) Preparation and maintenance The Secretary may require any person to pre- pare and maintain such records or accounts as the Secretary, by rule, determines necessary to carry out the purposes of this part. (b) Audit of operations of storage facility The Secretary may audit the operations of any storage facility in which any petroleum product is stored or required to be stored pursuant to the provisions of this part. (c) Access to and inspection of records or ac- counts and storage facilities The Secretary may require access to, and the right to inspect and examine, at reasonable times, (1) any records or accounts required to be prepared or maintained pursuant to subsection (a) and (2) any storage facilities subject to audit by the United States under the authority of this part. (Pub. L. 94–163, title I, § 163, Dec. 22, 1975, 89 Stat. 889; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–619 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’, meaning Administrator of the Federal Energy Administration, wherever appearing. § 6244. Repealed. Pub. L. 106–469, title I, § 103(16), Nov. 9, 2000, 114 Stat. 2032 Section, Pub. L. 94–163, title I, § 164, Dec. 22, 1975, 89 Stat. 889; Pub. L. 94–258, title I, § 105(a), Apr. 5, 1976, 90 Stat. 305; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, required a report on development of Naval Petroleum Reserve Number 4. § 6245. Annual report The Secretary shall report annually to the President and the Congress on actions taken to implement this part. This report shall include— (1) the status of the physical capacity of the Reserve and the type and quantity of petro- leum products in the Reserve; (2) an estimate of the schedule and cost to complete planned equipment upgrade or cap- ital investment in the Reserve, including up- grades and investments carried out as part of operational maintenance or extension of life activities; (3) an identification of any life-limiting con- ditions or operational problems at any Re- serve facility, and proposed remedial actions including an estimate of the schedule and cost of implementing those remedial actions; (4) a description of current withdrawal and distribution rates and capabilities, and an identification of any operational or other limi- tations on those rates and capabilities; (5) a listing of petroleum product acquisi- tions made in the preceding year and planned in the following year, including quantity, price, and type of petroleum; (6) a summary of the actions taken to de- velop, operate, and maintain the Reserve; (7) a summary of the financial status and fi- nancial transactions of the Strategic Petro- leum Reserve and Strategic Petroleum Re- serve Petroleum Accounts for the year; (8) a summary of expenses for the year, and the number of Federal and contractor employ- ees; (9) the status of contracts for development, operation, maintenance, distribution, and other activities related to the implementation of this part; (10) a summary of foreign oil storage agree- ments and their implementation status; (11) any recommendations for supplemental legislation or policy or operational changes the Secretary considers necessary or appro- priate to implement this part. (Pub. L. 94–163, title I, § 165, Dec. 22, 1975, 89 Stat. 889; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9,

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

42 U.S.C. § 6243 — Drawdown and sale of petroleum products

**(a) Power of Secretary** The Secretary may drawdown and sell petroleum products in the Reserve only in accordance with the provisions of this section. **(b) , (c) Repealed. Pub. L. 106–469, title I, § 103(15)(C), Nov. 9, 2000, 114 Stat. 2031** **(d) Presidential finding prerequisite to drawdown and sale** (1) Drawdown and sale of petroleum products from the Strategic Petroleum Reserve may not be made unless the President has found drawdown and sale are required by a severe energy supply interruption or by obligations of the United States under the international energy program. (2) For purposes of this section, in addition to the circumstances set forth in [section 6202(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6202/8&num=0&edition=prelim), a severe energy supply interruption shall be deemed to exist if the President determines that— (A) an emergency situation exists and there is a significant reduction in supply which is of significant scope and duration; (B) a severe increase in the price of petroleum products has resulted from such emergency situation; and (C) such price increase is likely to cause a major adverse impact on the national economy. **(e) Sales procedures** (1) The Secretary shall sell petroleum products withdrawn from the Strategic Petroleum Reserve at public sale to the highest qualified bidder in the amounts, for the period, and after a notice of sale considered appropriate by the Secretary, and without regard to Federal, State, or local regulations controlling sales of petroleum products. (2) The Secretary may cancel in whole or in part any offer to sell petroleum products as part of any drawdown and sale under this section. **(f) Repealed. Pub. L. 106–469, title I, § 103(15)(C), N

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

42 U.S.C. § 6393 — Prohibited actions

**(a) Unreasonable classifications and differentiations** Action taken under the authorities to which this section applies, resulting in the allocation of petroleum products or electrical energy among classes of users or resulting in restrictions on use of petroleum products and electrical energy shall not be based upon unreasonable classifications of, or unreasonable differentiations between, classes of users. In making any such allocation the President, or any agency of the United States to which such authority is delegated, shall give consideration to the need to foster reciprocal and nondiscriminatory treatment by foreign countries of United States citizens engaged in commerce in those countries. **(b) Unreasonably disproportionate share of burdens between segments of business community** To the maximum extent practicable, any restriction under authorities to which this section applies on the use of energy shall be designed to be carried out in such manner so as to be fair and to create a reasonable distribution of the burden of such restriction on all sectors of the economy, without imposing an unreasonably disproportionate share of such burden on any specific class of industry, business, or commercial enterprise, or on any individual segment thereof. In prescribing any such restriction, due consideration shall be given to the needs of commercial, retail, and service establishments whose normal function is to supply goods or services of an essential convenience nature during times of day other than conventional daytime working hours. **(c) Authorities to which section applies** This section applies to actions under any of the following authorities: (1) titles I and II of this Act (other than any provision of such titles which amends another law). (2) this title

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

42 U.S.C. § 6393 — Administrative procedure and judicial re-

Page 6825 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6393 1 See References in Text note below. 1 See References in Text note below. 2 So in original. The closing parenthesis probably should follow ‘‘another law’’. 3 So in original. Probably should be ‘‘amends’’. PART B—GENERAL PROVISIONS § 6391. Prohibited actions (a) Unreasonable classifications and differentia- tions Action taken under the authorities to which this section applies, resulting in the allocation of petroleum products or electrical energy among classes of users or resulting in restric- tions on use of petroleum products and elec- trical energy shall not be based upon unreason- able classifications of, or unreasonable differen- tiations between, classes of users. In making any such allocation the President, or any agen- cy of the United States to which such authority is delegated, shall give consideration to the need to foster reciprocal and nondiscriminatory treatment by foreign countries of United States citizens engaged in commerce in those coun- tries. (b) Unreasonably disproportionate share of bur- dens between segments of business commu- nity To the maximum extent practicable, any re- striction under authorities to which this section applies on the use of energy shall be designed to be carried out in such manner so as to be fair and to create a reasonable distribution of the burden of such restriction on all sectors of the economy, without imposing an unreasonably disproportionate share of such burden on any specific class of industry, business, or commer- cial enterprise, or on any individual segment thereof. In prescribing any such restriction, due consideration shall be given to the needs of com- mercial, retail, and service establishments whose normal function is

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

42 U.S.C. § 7191 — Federal Energy Regulatory Commission fees and annual charges

**(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.

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

42 U.S.C. § 7191 — Procedures for issuance of rules, regula-

Page 7077 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7191 § 7176. Reorganization For the purposes of chapter 9 of title 5 the Commission shall be deemed to be an inde- pendent regulatory agency. (Pub. L. 95–91, title IV, § 406, Aug. 4, 1977, 91 Stat. 586.) § 7177. Access to information (a) The Secretary, each officer of the Depart- ment, and each Federal agency shall provide to the Commission, upon request, such existing in- formation in the possession of the Department or other Federal agency as the Commission de- termines is necessary to carry out its respon- sibilities under this chapter. (b) The Secretary, in formulating the informa- tion to be requested in the reports or investiga- tions under section 825c and section 825j of title 16 and section 717i and section 717j of title 15 shall include in such reports and investigations such specific information as requested by the Federal Energy Regulatory Commission and copies of all reports, information, results of in- vestigations and data under said sections shall be furnished by the Secretary to the Federal En- ergy Regulatory Commission. (Pub. L. 95–91, title IV, § 407, Aug. 4, 1977, 91 Stat. 587.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Orga- nization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. § 7178. Federal Energy Regulatory Commission fees and annual charges (a) In general (1) Except as provided in paragraph (2) and be- ginning in fiscal year 1987 and in each fiscal year thereafter, the Federal Ene

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