§ 2841. — Study by Secretary of Energy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2841]
TITLE 15--COMMERCE AND TRADE
CHAPTER 55--PETROLEUM MARKETING PRACTICES
SUBCHAPTER III--SUBSIDIZATION OF MOTOR FUEL MARKETING
Sec. 2841. Study by Secretary of Energy
(a) Consultation with Chairman of Federal Trade Commission, Attorney
General, and other agencies deemed appropriate by Secretary
The Secretary of Energy, in consultation with the Chairman of the
Federal Trade Commission and the Attorney General and other agencies as
the Secretary deems appropriate, shall conduct a study of the extent to
which producers, refiners, and other suppliers of motor fuel subsidize
the sale of such motor fuel at retail or wholesale with profits obtained
from other operations.
(b) Scope
Such study shall examine--
(1) the role of vertically integrated operations in facilitating
subsidization of sales of motor fuel at wholesale or retail;
(2) the extent to which such subsidization is predatory and
presents a threat to competition;
(3) the profitability of various segments of the petroleum
industry;
(4) the impact of prohibiting such subsidization on the
competitive viability of various segments of the petroleum industry,
on prices of motor fuel to consumers and on the health and structure
of the petroleum industry as a whole; and
(5) such other matters as the Secretary considers appropriate.
(c) Notice to interested parties and opportunity to present written and
oral data, views and arguments
In conducting the study required by this section, the Secretary
shall give appropriate notice and afford interested persons an
opportunity to present written and oral data, views and arguments
concerning such study.
(d) Report to Congress; contents and time for submission; Presidential
promulgation of rules establishing interim measures; submission
date and duration of interim measures; Congressional approval of
interim measures
(1) The Secretary shall report the results of the study required by
this section, together with such recommendations for legislative action
and such statistical evidence as he deems appropriate to the Congress on
or before the expiration of the eighteenth month after June 19, 1978.
(2) If the President determines that interim measures are necessary
and appropriate to maintain the competitive viability of the marketing
sector of the petroleum industry during Congressional consideration of
the recommendations contained in the report submitted under paragraph
(1), he shall prescribe, by rule, in accordance with the procedures set
forth in section 6393(a) of title 42 such interim measures.
(3) No interim measure proposed by the President under this section
may be submitted after January 1, 1980, and the effect of such measure
if approved by the Congress under paragraph (4) may not extend beyond 18
months after such Congressional approval.
(4) Such interim measure shall not take effect unless approved by
both Houses of Congress as if it were a contingency plan under section
6422 of title 42: Provided, That the 60-day period referred to in such
section shall be extended to 90 days for purposes of this section.
(e) Authorization of appropriations
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this section.
(Pub. L. 95-297, title III, Sec. 301, June 19, 1978, 92 Stat. 337.)
