15 U.S.C. § 796 — Reporting of energy information

Page 1255 TITLE 15—COMMERCE AND TRADE § 796 The National Environmental Policy Act of 1969, re- ferred to in subsec. (c), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note under section 4321 of Title 42 and Tables. This chapter, referred to in subsec. (c)(2), was in the original ‘‘this Act’’, meaning Pub. L. 93–319. For com- plete classification of this Act to the Code, see Short Title note set out under section 791 of this title and Ta- bles. Executive Order 10485 of September 3, 1953, referred to in subsec. (d), is Ex. Ord. No. 10485, Sept. 3, 1953, 18 F.R. 5397, which is set out as a note under section 717b of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Department of Health and Human Services’’ sub- stituted for ‘‘Department of Health, Education, and Welfare’’ in subsec. (b), pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. TRANSFER OF FUNCTIONS The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for cer- tain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and 7293 of Title 42, The Public Health and Welfare. § 794. Energy conservation study (a) Study of conservation methods The Federal Energy Administrator shall con- duct a study on potential methods of energy conservation and, not later than six months after June 22, 1974, shall submit to Congress a report on the results of such study. The study shall include, but not be limited to, the fol- lowing: (1) the energy conservation potential of re- stricting exports of fuels or energy-intensive products, or goods, including an analysis of balance-of-payments and foreign relations im- plications of any such restrictions; (2) alternative requirements, incentives, or disincentives for increasing industrial recy- cling and resource recovery in order to reduce energy demand, including the economic costs and fuel consumption tradeoff which may be associated with such recycling and resource recovery in lieu of transportation and use of virgin materials; and (3) means for incentives or disincentives to increase efficiency of industrial use of energy. (b) Emergency mass transportation assistance plan Within ninety days of June 22, 1974, the Sec- retary of Transportation, after consultation with the Federal Energy Administrator, shall submit to the Congress for appropriate action an ‘‘Emergency Mass Transportation Assistance Plan’’ for the purpose of conserving energy by expanding and improving public mass transpor- tation systems and encouraging increased rider- ship as alternatives to automobile travel. (c) Recommendations in plan Such plan shall include, but shall not be lim- ited to— (1) recommendations for emergency tem- porary grants to assist States and local public bodies and agencies thereof in the payment of operating expenses incurred in connection with the provision of expanded mass transpor- tation service in urban areas; (2) recommendations for additional emer- gency assistance for the purchase of buses and rolling stock for fixed rail, including the feasi- bility of accelerating the timetable for such assistance under section 142(a)(2) of title 23 for the purpose of providing additional capacity for and encouraging increased use of public mass transportation systems; (3) recommendations for a program of dem- onstration projects to determine the feasi- bility of fare-free and low-fare urban mass transportation systems, including reduced rates for elderly and handicapped persons dur- ing nonpeak hours of transportation; (4) recommendations for additional emer- gency assistance for the construction of fringe and transportation corridor parking facilities to serve bus and other mass transportation passengers; (5) recommendations on the feasibility of providing tax incentives for persons who use public mass transportation systems. (Pub. L. 93–319, § 8, June 22, 1974, 88 Stat. 260.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Federal Energy Administration terminated and func- tions vested by law in Administrator thereof trans- ferred to Secretary of Energy (unless otherwise specifi- cally provided) by sections 7151(a) and 7293 of Title 42, The Public Health and Welfare. § 795. Report to Congress by January 31, 1975 The Administrator of the Environmental Pro- tection Agency shall report to Congress not later than January 31, 1975, on the implementa- tion of sections 3 through 7 of the Energy Sup- ply and Environmental Coordination Act of 1974. (Pub. L. 93–319, § 9, June 22, 1974, 88 Stat. 261.) Editorial Notes REFERENCES IN TEXT Sections 3 through 7 of the Energy Supply and Envi- ronmental Coordination Act of 1974, referred to in text, are sections 3 through 7 of Pub. L. 93–319, June 22, 1974, 88 Stat. 248–260, which sections enacted section 793 of this title and section 1857c–10 of Title 42, The Public Health and Welfare, and amended sections 1857c–5, 1857c–8, 1857c–9, 1857d–1, 1857f–1, and 1857h–5 of Title 42. Section 1857c–10 of Title 42 was repealed by Pub. L. 95–95, § 112(b)(1). On enactment of Pub. L. 95–95, sections 1857c–5, 1857c–8, 1857c–9, 1857d–1, 1857f–1, and 1857h–5 were reclassified to sections 7410, 7413, 7414, 7416, 7521, and 7607, respectively, of Title 42. § 796. Reporting of energy information (a) Authority of Federal Energy Administrator to request, acquire, and collect energy informa- tion; rules and regulations For the purpose of assuring that the Federal Energy Administrator, the Congress, the States, and the public have access to and are able to ob- tain reliable energy information, the Federal Page 1256 TITLE 15—COMMERCE AND TRADE § 796 1 See References in Text note below. 2 So in original. Probably should be ‘‘employee’’. Energy Administrator shall request, acquire, and collect such energy information as he deter- mines to be necessary to assist in the formula- tion of energy policy or to carry out the pur- poses of this chapter or the Emergency Petro- leum Allocation Act of 1973 [15 U.S.C. 751 et seq.].1 The Federal Energy Administrator shall promptly promulgate rules pursuant to sub- section (b)(1)(A) of this section requiring reports of such information to be submitted to the Fed- eral Energy Administrator at least every ninety calendar days. (b) Powers of Federal Energy Administrator in obtaining energy information; verification of accuracy; compliance orders (1) In order to obtain energy information for the purpose of carrying out the provisions of subsection (a), the Federal Energy Adminis- trator is authorized— (A) to require, by rule, any person who is en- gaged in the production, processing, refining, transportation by pipeline, or distribution (at other than the retail level) of energy resources to submit reports; (B) to sign and issue subpenas for the attend- ance and testimony of witnesses and the pro- duction of books, records, papers, and other documents; (C) to require any person, by general or spe- cial order, to submit answers in writing to in- terrogatories, requests for reports or for other information; and such answers or other sub- missions shall be made within such reasonable period, and under oath or otherwise, as the Federal Energy Administrator may determine; and (D) to administer oaths. (2) For the purpose of verifying the accuracy of any energy information requested, acquired, or collected by the Federal Energy Adminis- trator, the Federal Energy Administrator, or any officer or employer 2 duly designated by him, upon presenting appropriate credentials and a written notice from the Federal Energy Administrator to the owner, operator, or agent in charge, may— (A) enter, at reasonable times, any business premise or facility; and (B) inspect, at reasonable times and in a rea- sonable manner, any such premise or facility, inventory and sample any stock of energy re- sources therein, and examine and copy books, records, papers, or other documents, relating to any such energy information. (3) Any United States district court within the jurisdiction of which any inquiry is carried on may, upon petition by the Attorney General at the request of the Federal Energy Adminis- trator, in the case of refusal to obey a subpena or order of the Federal Energy Administrator issued under this section, issue an order requir- ing compliance therewith; and any failure to obey the order of the court may be punished by the court as a contempt thereof. (c) Development of initial report; quarterly re- ports; accounting practices (1) The Federal Energy Administrator shall exercise the authorities granted to him under subsection (b)(1)(A) to develop, within thirty days after June 22, 1974, as full and accurate a measure as is reasonably practicable of— (A) domestic reserves and production; (B) imports; and (C) inventories; of crude oil, residual fuel oil, refined petroleum products, natural gas, and coal. (2) For each calendar quarter beginning with the first complete calendar quarter following June 22, 1974, the Federal Energy Administrator shall develop and publish a report containing the following energy information: (A) Imports of crude oil, residual fuel oil, re- fined petroleum products (by product), natural gas, and coal, identifying (with respect to each such oil, product, gas, or coal) country of ori- gin, arrival point, quantity received, and the geographic distribution within the United States. (B) Domestic reserves and production of crude oil, natural gas, and coal. (C) Refinery activities, showing for each re- finery within the United States (i) the amounts of crude oil run by such refinery, (ii) amounts of crude oil allocated to such refinery pursuant to regulations and orders of the Fed- eral Energy Administrator, his delegate pursu- ant to the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 et seq.],1 or any other person authorized by law to issue regulations and orders with respect to the allocation of crude oil, (iii) percentage of refinery capacity utilized, and (iv) amounts of products refined from such crude oil. (D) Report of inventories, on a national, re- gional, and State-by-State basis— (i) of various refined petroleum products, related refiners, refineries, suppliers to re- finers, share of market, and allocation frac- tions; (ii) of various refined petroleum products, previous quarter deliveries and anticipated three-month available supplies; (iii) of anticipated monthly supply of re- fined petroleum products, amount of set- aside for assignment by the State, antici- pated State requirements, excess or shortfall of supply, and allocation fraction of base year; and (iv) of LPG by State and owner: quantities stored, and existing capacities, and previous priorities on types, inventories of suppliers, and changes in supplier inventories. (3) In order to carry out his responsibilities under subsection (a) of this section, the Federal Energy Administrator shall require, pursuant to subsection (b)(1)(A) of this section, that persons engaged, in whole or in part, in the production of crude oil or natural gas— (A) keep energy information in accordance with the accounting practices developed pur- suant to section 503 of the Energy Policy and Conservation Act [42 U.S.C. 6383], and (B) submit reports with respect to energy in- formation kept in accordance with such prac- tices. Page 1257 TITLE 15—COMMERCE AND TRADE § 797 The Administrator shall file quarterly reports with the President and the Congress compiled from accounts kept in accordance with such sec- tion 503 and submitted to the Administrator in accordance with this paragraph. Such reports shall present energy information in the cat- egories specified in subsection (c) of such section 503 to the extent that such information may be compiled from such accounts. Such energy infor- mation shall be collected and such quarterly re- ports made for each calendar quarter which be- gins 6 months after the date on which the ac- counting practices developed pursuant to such section 503 are made effective. (d) Confidential information Upon a showing satisfactory to the Federal Energy Administrator by any person that any energy information obtained under this section from such person would, if made public, divulge methods or processes entitled to protection as trade secrets or other proprietary information of such person, such information, or portion thereof, shall be confidential in accordance with the provisions of section 1905 of title 18; except that such information, or part thereof, shall not be deemed confidential for purposes of disclo- sure, upon request, to (1) any delegate of the Federal Energy Administrator for the purpose of carrying out this chapter and the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 et seq.],1 (2) the Attorney General, the Secretary of the Interior, the Federal Trade Commission, the Federal Power Commission, or the Govern- ment Accountability Office, when necessary to carry out those agencies’ duties and responsibil- ities under this and other statutes, and (3) the Congress, or any committee of Congress upon re- quest of the Chairman. (e) Definitions As used in this section: (1) The term ‘‘energy information’’ includes (A) all information in whatever form on (i) fuel reserves, exploration, extraction, and en- ergy resources (including petrochemical feed- stocks) wherever located; (ii) production, dis- tribution, and consumption of energy and fuels wherever carried on; and (B) matters re- lating to energy and fuels, such as corporate structure and proprietary relationships, costs, prices, capital investment, and assets, and other matters directly related thereto, wher- ever they exist. (2) The term ‘‘person’’ means any natural person, corporation, partnership, association, consortium, or any entity organized for a com- mon business purpose, wherever situated, domiciled, or doing business, who directly or through other persons subject to their control does business in any part of the United States. (3) The term ‘‘United States’’ when used in the geographical sense means the States, the District of Columbia, Puerto Rico, and the ter- ritories and possessions of the United States. (f) Availability of energy information Information obtained by the Administration under authority of this chapter shall be avail- able to the public in accordance with the provi- sions of section 552 of title 5. (g) Independent nature of authority to gather en- ergy information The authority contained in this section is in addition to, independent of, not limited by, and not in limitation of, any other authority of the Federal Energy Administrator. (Pub. L. 93–319, § 11, June 22, 1974, 88 Stat. 262; Pub. L. 94–163, title V, §§ 505(a), 506, Dec. 22, 1975, 89 Stat. 960; Pub. L. 95–620, title VII, § 762(d), Nov. 9, 1978, 92 Stat. 3346; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 93–319. For com- plete classification of this Act to the Code, see Short Title note set out under section 791 of this title and Ta- bles. The Emergency Petroleum Allocation Act of 1973, re- ferred to in subsecs. (a), (c)(2)(C), and (d), is Pub. L. 93–159, Nov. 27, 1973, 87 Stat. 628, which was classified generally to chapter 16A (§ 751 et seq.) of this title, was omitted from the Code pursuant to section 760g of this title, which provided for the expiration of the Presi- dent’s authority under that chapter on Sept. 30, 1981. AMENDMENTS 2004—Subsec. (d). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. 1978—Subsec. (g). Pub. L. 95–620 struck out provisions comprising par. (2) relating to termination of this sec- tion at midnight, Dec. 31, 1979, and designated remain- ing provisions as subsec. (g). 1975—Subsec. (c)(3). Pub. L. 94–163, § 505(a), added par. (3). Subsec. (g)(2). Pub. L. 94–163, § 506, substituted ‘‘De- cember 31, 1979’’ for ‘‘June 30, 1975’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–620 effective 180 days after Nov. 9, 1978, see section 901 of Pub. L. 95–620, set out as an Effective Date note under section 8301 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1975 AMENDMENT Pub. L. 94–163, title V, § 505(b), Dec. 22, 1975, 89 Stat. 960, provided that: ‘‘The amendment made by sub- section (a) to section 11(c) of the Energy Supply and Environmental Coordination Act of 1974 [subsec. (c) of this section] shall take effect on the first day of the first accounting quarter to which such practices apply.’’ TRANSFER OF FUNCTIONS Federal Energy Administration terminated and func- tions vested by law in Administrator thereof trans- ferred to Secretary of Energy (unless otherwise specifi- cally provided) by sections 7151(a) and 7293 of Title 42, The Public Health and Welfare. The Federal Power Commission was terminated and its functions, personnel, property, funds, etc., were transferred to Secretary of Energy (except for certain functions transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and 7293 of Title 42. § 797. Enforcement (a) Violations It shall be unlawful for any person to violate any provision of section 792 of this title (relat-