§ 3391. — Natural gas for essential agricultural uses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC3391]
TITLE 15--COMMERCE AND TRADE
CHAPTER 60--NATURAL GAS POLICY
SUBCHAPTER IV--NATURAL GAS CURTAILMENT POLICIES
Sec. 3391. Natural gas for essential agricultural uses
(a) General rule
Not later than 120 days after November 9, 1978, the Secretary of
Energy shall prescribe and make effective a rule, which may be amended
from time to time, which provides that, notwithstanding any other
provision of law (other than subsection (b) of this section) and to the
maximum extent practicable, no curtailment plan of an interstate
pipeline may provide for curtailment of deliveries of natural gas for
any essential agricultural use, unless such curtailment--
(1) does not reduce the quantity of natural gas delivered for
such use below the use requirement specified in subsection (c) of
this section; or
(2) is necessary in order to meet the requirements of high-
priority users.
(b) Curtailment priority not applicable if alternative fuel available
If the Commission, in consultation with the Secretary of
Agriculture, determines, by rule or order, that use of a fuel (other
than natural gas) is economically practicable and that the fuel is
reasonably available as an alternative for any agricultural use of
natural gas, the provisions of subsection (a) of this section shall not
apply with respect to any curtailment of deliveries for such use.
(c) Determination of essential agricultural use requirements
The Secretary of Agriculture shall certify to the Secretary of
Energy and the Commission the natural gas requirements (expressed either
as volumes or percentages of use) of persons (or classes thereof) for
essential agricultural uses in order to meet the requirements of full
food and fiber production.
(d) Authority of Secretary of Agriculture to intervene
The Secretary of Agriculture may intervene as a matter of right in
any proceeding before the Commission which is conducted in connection
with implementing the requirements of the rule prescribed under
subsection (a) of this section.
(e) Limitation
The Secretary of Agriculture may not exercise any authority under
this section for the purpose of restricting the production of any crop.
(f) Definitions
For purposes of this section--
(1) Essential agricultural use
The term ``essential agricultural use'', when used with respect
to natural gas, means any use of natural gas--
(A) for agricultural production, natural fiber production,
natural fiber processing, food processing, food quality
maintenance, irrigation pumping, crop drying, or
(B) as a process fuel or feedstock in the production of
fertilizer, agricultural chemicals, animal feed, or food,
which the Secretary of Agriculture determines is necessary for full
food and fiber production.
(2) High-priority user
The term ``high-priority user'' means any person who--
(A) uses natural gas in a residence;
(B) uses natural gas in a commercial establishment in
amounts of less than 50 Mcf on a peak day;
(C) uses natural gas in any school, hospital, or similar
institution; or
(D) uses natural gas in any other use the curtailment of
which the Secretary of Energy determines would endanger life,
health, or maintenance of physical property.
(Pub. L. 95-621, title IV, Sec. 401, Nov. 9, 1978, 92 Stat. 3394.)
Section Referred to in Other Sections
This section is referred to in sections 3391a, 3392, 3393 of this
title.
