15 U.S.C. § 3361 — Declaration of emergency

Page 2003 TITLE 15—COMMERCE AND TRADE § 3363 SUBCHAPTER III—ADDITIONAL AUTHORITIES AND REQUIREMENTS PART A—EMERGENCY AUTHORITY § 3361. Declaration of emergency (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 section 3362 or section 3363 of this title is reasonably necessary, having exhausted other alter- natives to the maximum extent practicable, to assist in meeting natural gas requirements for such high-priority uses. (b) Limitation (1) Expiration 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) Extensions 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 emer- gency (or extension thereof) under paragraph (1)(B). (Pub. L. 95–621, title III, § 301, Nov. 9, 1978, 92 Stat. 3381.) Executive Documents DELEGATION OF FUNCTIONS Functions of President under this subchapter, except for authority to declare, extend, and terminate a na- tional gas supply emergency pursuant to this section, delegated to Secretary of Energy, see section 1–101 of Ex. Ord. No. 12235, Sept. 3, 1980, 45 F.R. 58803, set out as a note under section 3364 of this title. § 3362. Emergency purchase authority (a) Presidential authorization During any natural gas supply emergency de- clared under section 3361 of this title, the Presi- dent may, by rule or order, authorize any inter- state 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 provi- sions 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 pur- chaser, 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 nat- ural gas was not pursuant to a certificate issued under the Natural Gas Act [15 U.S.C. 717 et seq.] immediately before the date on which such contract was entered into; or (2) from any intrastate pipeline, local dis- tribution 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 Presi- dent from authorizing under subsection (a) a re- newal 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 pipe- line to transport natural gas, and to construct and operate such facilities for the transpor- tation of natural gas, as he determines nec- essary to carry out any contract authorized under subsection (a). The costs of any construc- tion or transportation ordered under this sub- section shall be paid by the purchaser of natural gas under the contract with respect to which such order is issued. No order to transport nat- ural gas under this subsection shall require any pipeline to transport natural gas in excess of such pipeline’s available capacity. (d) Maintenance of adequate records The Commission shall require any interstate pipeline or local distribution company con- tracting under the authority of this section for natural gas to maintain and make available full and adequate records concerning transactions under this section, including records of the vol- umes of natural gas purchased under the author- ity of this section and the rates and charges for purchase and receipt of such natural gas. (e) Special limitation No sale under any emergency purchase con- tract under this section for emergency supplies of natural gas for sale and delivery from any intrastate pipeline which is operating under court supervision as of January 1, 1977, may take effect unless the court approves. (Pub. L. 95–621, title III, § 302, Nov. 9, 1978, 92 Stat. 3382.) Editorial Notes REFERENCES IN TEXT The Natural Gas Act, referred to in subsec. (a)(1)(B), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classi- fied generally to chapter 15B (§ 717 et seq.) of this title. For complete classification of this act to the Code, see section 717w of this title and Tables. § 3363. Emergency allocation authority (a) In general In order to assist in meeting natural gas re- quirements for high-priority uses of natural gas during any natural gas supply emergency de- clared under section 3361 of this title, the Presi- dent may, by order, allocate supplies of natural gas under subsections (b), (c), and (d) to—