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 to the rule required under subsection (a)(1), shall be required to sup- ply natural gas during any relevant period in volume amounts which exceed the lesser of— (1) the volume determined by reference to the maximum delivery obligations specified in such contract; (2) the volume which such supplier would have been required to supply, under the cur- tailment plan in effect for such supplier, to the person, who transferred contractual inter- ests pursuant to the rule required under sub- section (a)(1), if no such transfer had occurred; and (3) the volume actually delivered or for which payment would have been made pursu- ant to such contract during the 12-calendar- month period ending immediately before such transfer of contractual interests. (Pub. L. 95–617, title VI, § 606, Nov. 9, 1978, 92 Stat. 3167.) Editorial Notes REFERENCES IN TEXT The Natural Gas Act, referred to in subsecs. (a)(2)(A)(i)(II), (b)(1), (c), (e)(5), (9), (11), (12), (f)(2), (3), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to this chapter (§ 717 et seq.). For complete classification of this Act to the Code, see section 717w of this title and Tables. The Powerplant and Industrial Fuel Use Act of 1978, referred to in subsec. (e)(10), is Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3291, which is classified principally to chapter 92 (§ 8301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of Title 42 and Tables. The Natural Gas Policy Act of 1978, referred to in sub- sec. (e)(11), is Pub. L. 95–621, Nov. 9, 1978, 92 Stat. 3350, which is classified generally to chapter 60 (§ 3301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3301 of this title and Tables. CODIFICATION Section was enacted as part of the Public Utility Regulatory Policies Act of 1978, and not as part of the Natural Gas Act which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 2602 of Title 16, Conservation. § 717z. Emergency conversion of utilities and other facilities (a) Presidential declaration The President may declare a natural gas sup- ply emergency (or extend a previously declared emergency) if he finds that— (1) a severe natural gas shortage, endan- gering the supply of natural gas for high-pri- ority uses, exists or is imminent in the United States or in any region thereof; and (2) the exercise of authorities under this sec- tion is reasonably necessary, having exhausted other alternatives (not including section 3363 of this title) to the maximum extent prac- ticable, to assist in meeting natural gas re- quirements for such high-priority uses. (b) Limitation (1) Any declaration of a natural gas supply emergency (or extension thereof) under sub- section (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 declara- tion of emergency (or extension thereof). (2) Nothing in this subsection shall prohibit the President from extending, under subsection (a), any emergency (or extension thereof) pre- viously 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 elec- tric powerplant or major fuel-burning installa- tion 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 re- quirements; (2) significant quantities of natural gas which would otherwise be burned by such pow- erplant or installation could be made available before the termination of such emergency to Page 1206 TITLE 15—COMMERCE AND TRADE § 717z 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 quan- tity (or rate of use) of natural gas that may be burned by an electric powerplant or major fuel- burning installation during such period, includ- ing the burning of natural gas by an electric powerplant to meet peak load requirements. No such order may continue in effect after the ter- mination or expiration of such natural gas sup- ply 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 instal- lation. (f) Exemption for air-quality emergencies The President shall exempt any electric pow- erplant 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 allevi- ate any imminent and substantial endangerment to the health of persons within the meaning of section 7603 of title 42. (g) Limitation on injunctive relief (1) Except as provided in paragraph (2), no court shall have jurisdiction to grant any in- junctive relief to stay or defer the implementa- tion of any order issued under this section un- less 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 Colum- bia may, after an opportunity for a hearing be- fore such court and on an appropriate showing, issue a preliminary injunction temporarily en- joining, 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 Dis- trict 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 wit- nesses outside of the District of Columbia at a greater distance than 100 miles from the place of holding court unless the permission of the Dis- trict 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’’, ‘‘power- plant’’, ‘‘major fuel-burning installation’’, and ‘‘installation’’ shall have the same meanings as such terms have under section 8302 of title 42. (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 es- tablishment 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 en- danger life, health, or maintenance of phys- ical property. (4) The term ‘‘Mcf’’, when used with respect to natural gas, means 1,000 cubic feet of nat- ural 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 ‘‘petro- leum 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) 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. (Pub. L. 95–617, title VI, § 607, Nov. 9, 1978, 92 Stat. 3171.) Editorial Notes CODIFICATION Section was enacted as part of the Public Utility Regulatory Policies Act of 1978, and not as part of the Natural Gas Act which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 2602 of Title 16, Conservation. Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section, except for authority to declare, extend, and terminate a natural gas supply emergency pursuant to subsecs. (a) and (b) of this section, delegated to Secretary of Energy, see section 1–102 of Ex. Ord. No. 12235, Sept. 3, 1980, 45 F.R. 58803, set out as a note under section 3364 of this title. CHAPTER 15C—ALASKA NATURAL GAS TRANSPORTATION Sec. 719. Congressional findings. 719a. Congressional statement of purpose. 719b. Definitions. 719c. Federal Power Commission reviews and re- ports. 719d. Federal and State officer or agency and other interested persons’ reports. 719e. Presidential decision and report. 719f. Congressional review. 719g. Transportation system certificates, rights-of- way, permits, leases, or other authoriza- tions. 719h. Judicial review. 719i. Supplemental enforcement authority. 719j. Export limitations. 719k. Equal access to facilities.