15 U.S.C. § 3341 — Untitled legal text

Page 2002 TITLE 15—COMMERCE AND TRADE §§ 3311 to 3333 14 to 19, 21, and 22 to 27 of this title, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of this title and Ta- bles. The Federal Trade Commission Act (15 U.S.C. 41 et seq.), referred to in par. (37), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to sub- chapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see sec- tion 58 of this title and Tables. Act of June 19, 1936, chapter 592, referred to in par. (37), means act June 19, 1936, ch. 592, 49 Stat. 1526, popu- larly known as the Robinson-Patman Antidiscrimina- tion Act and also as the Robinson-Patman Price Dis- crimination Act, which enacted sections 13a, 13b, and 21a of this title and amended section 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 13 of this title and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1989 AMENDMENT Pub. L. 101–60, § 1, July 26, 1989, 103 Stat. 157, provided that: ‘‘This Act [amending sections 3331, 3372, 3373, 3375, 3411, 3412, 3414, 3416, 3431, and 3432 of this title, repealing sections 3311 to 3320, 3331 to 3333, 3413, and 3417 of this title, and enacting provisions set out as notes under sections 3311 and 3372 of this title] may be cited as the ‘Natural Gas Wellhead Decontrol Act of 1989’.’’ SHORT TITLE Pub. L. 95–621, § 1, Nov. 9, 1978, 92 Stat. 3351, provided that: ‘‘This Act [enacting this chapter and amending section 7255 of Title 42, The Public Health and Welfare] may be cited as the ‘Natural Gas Policy Act of 1978’.’’ SUBCHAPTER I—WELLHEAD PRICING §§ 3311 to 3333. Repealed. Pub. L. 101–60, § 2(b), July 26, 1989, 103 Stat. 158 Sections 3311 to 3320 comprised part A of this sub- chapter. Section 3311, Pub. L. 95–621, title I, § 101, Nov. 9, 1978, 92 Stat. 3356, related to inflation adjustments and other general price ceiling rules to be applied in establishing wellhead price controls. Section 3312, Pub. L. 95–621, title I, § 102, Nov. 9, 1978, 92 Stat. 3358; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000, related to ceiling price for new natural gas and certain gas produced from Outer Continental Shelf. Section 3313, Pub. L. 95–621, title I, § 103, Nov. 9, 1978, 92 Stat. 3361, related to ceiling price for new, onshore production wells. Section 3314, Pub. L. 95–621, title I, § 104, Nov. 9, 1978, 92 Stat. 3362, related to a ceiling price for sales of nat- ural gas dedicated to interstate commerce. Section 3315, Pub. L. 95–621, title I, § 105, Nov. 9, 1978, 92 Stat. 3363, related to ceiling price for sales under intrastate contracts existing on Nov. 8, 1978. Section 3316, Pub. L. 95–621, title I, § 106, Nov. 9, 1978, 92 Stat. 3365, related to ceiling price for sales under rollover contracts. Section 3317, Pub. L. 95–621, title I, § 107, Nov. 9, 1978, 92 Stat. 3366, related to ceiling price for high-cost nat- ural gas. Section 3318, Pub. L. 95–621, title I, § 108, Nov. 9, 1978, 92 Stat. 3367, related to ceiling price for stripper well natural gas. Section 3319, Pub. L. 95–621, title I, § 109, Nov. 9, 1978, 92 Stat. 3368, related to ceiling price for other cat- egories of natural gas. Section 3320, Pub. L. 95–621, title I, § 110, Nov. 9, 1978, 92 Stat. 3368, related to treatment of State severance taxes and certain production-related costs. Sections 3331 to 3333 comprised part B of this sub- chapter. Section 3331, Pub. L. 95–621, title I, § 121, Nov. 9, 1978, 92 Stat. 3369; Pub. L. 101–60, § 2(a), July 26, 1989, 103 Stat. 157, provided for elimination of price controls for cer- tain natural gas sales. Section 3332, Pub. L. 95–621, title I, § 122, Nov. 9, 1978, 92 Stat. 3370, related to standby price control author- ity. Section 3333, Pub. L. 95–621, title I, § 123, Nov. 9, 1978, 92 Stat. 3371, related to reports to Congress by Depart- ment of Energy. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Section 2(b) of Pub. L. 101–60 provided that the repeal of sections 3311 to 3320 and 3331 to 3333 is effective Jan. 1, 1993. SUBCHAPTER II—INCREMENTAL PRICING §§ 3341 to 3348. Repealed. Pub. L. 100–42, § 2(a), May 21, 1987, 101 Stat. 314 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 pass- through of costs of natural gas, with respect to boiler fuel use of natural gas by industrial boiler fuel facili- ties, 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, which would expand its application to other in- dustrial 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 sec- tion 3341 of this title. 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 sur- charges paid by local distributors on natural gas deliv- ered 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. Section 3347, Pub. L. 95–621, title II, § 207, Nov. 9, 1978, 92 Stat. 3380, related to application of section 3343 to certain natural gas and liquefied natural gas imports. Section 3348, Pub. L. 95–621, title II, § 208, Nov. 9, 1978, 92 Stat. 3381, directed that Alaska natural gas be allo- cated to rates and charges of interstate pipelines in ac- cordance with certain general principles applicable on Nov. 9, 1978, for establishing rates. Statutory Notes and Related Subsidiaries REPEAL OF INCREMENTAL PRICING REQUIREMENTS Pub. L. 100–42, § 2, May 21, 1987, 101 Stat. 314, provided that: ‘‘(a) REPEAL.—Subject to subsections (b) and (c) of this section, title II of the Natural Gas Policy Act of 1978 (15 U.S.C. 3341–3348) is repealed, and the items re- lating to title II are stricken from the table of contents of that Act. ‘‘(b) LIMITED CONTINUING EFFECT OF RULES.—A rule promulgated by the Federal Energy Regulatory Com- mission, under title II of the Natural Gas Policy Act of 1978 shall continue in effect only with respect to the flowthrough of costs incurred before the enactment of this section [May 21, 1987], including any surcharges based on such costs. ‘‘(c) IMPLEMENTATION.—The Federal Energy Regu- latory Commission may take appropriate action to im- plement this section.’’ 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—