15 USC 717z - Emergency conversion of utilities and other facilities

U.S Code last checked for updates: Nov 22, 2024

§ 717z.

Emergency conversion of utilities and other facilities

(a)

Presidential declaration

The President may declare a natural gas supply emergency (or extend a previously declared emergency) if he finds that—

(1)

a severe natural gas shortage, endangering the supply of natural gas for high-priority uses, exists or is imminent in the United States or in any region thereof; and

(2)

the exercise of authorities under this section is reasonably necessary, having exhausted other alternatives (not including section 3363 of this title) to the maximum extent practicable, to assist in meeting natural gas requirements for such high-priority uses.

(b)

Limitation

(1)

Any declaration of a natural gas supply emergency (or extension thereof) under subsection (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 declaration of emergency (or extension thereof).

(2)

Nothing in this subsection shall prohibit the President from extending, under subsection (a), any emergency (or extension thereof) previously 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 electric powerplant or major fuel-burning installation 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 requirements;

(2)

significant quantities of natural gas which would otherwise be burned by such powerplant or installation could be made available before the termination of such emergency to 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

(e)

Exemption for secondary uses

(f)

Exemption for air-quality emergencies

(g)

Limitation on injunctive relief

(1)

Except as provided in paragraph (2), no court shall have jurisdiction to grant any injunctive relief to stay or defer the implementation of any order issued under this section unless 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 Columbia may, after an opportunity for a hearing before such court and on an appropriate showing, issue a preliminary injunction temporarily enjoining, 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 District 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 witnesses outside of the District of Columbia at a greater distance than 100 miles from the place of holding court unless the permission of the District 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”, “powerplant”, “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 establishment 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 endanger life, health, or maintenance of physical property.

(4)

The term “Mcf”, when used with respect to natural gas, means 1,000 cubic feet of natural 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

(Pub. L. 95–617, title VI, § 607, Nov. 9, 1978, 92 Stat. 3171.)

cite as: 15 USC 717z