§ 717z. — Emergency conversion of utilities and other facilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC717z]
TITLE 15--COMMERCE AND TRADE
CHAPTER 15B--NATURAL GAS
Sec. 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) of this section, shall terminate at the
earlier of--
(A) the date on which the President finds that any shortage
described in subsection (a) of this section 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) of this section, any emergency (or
extension thereof) previously declared under subsection (a) of this
section, 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
The President may specify in any order issued under this section the
periods of time during which such order will be in effect and the
quantity (or rate of use) of natural gas that may be burned by an
electric powerplant or major fuel-burning installation during such
period, including the burning of natural gas by an electric powerplant
to meet peak load requirements. No such order may continue in effect
after the termination or expiration of such natural gas supply
emergency.
(e) Exemption for secondary uses
The President shall exempt from any order issued under this section
the burning of natural gas for the necessary processes of ignition,
startup, testing, and flame stabilization by an electric powerplant or
major fuel-burning installation.
(f) Exemption for air-quality emergencies
The President shall exempt any electric powerplant or major fuel-
burning installation in whole or in part, from any order issued under
this section for such period and to such extent as the President
determines necessary to alleviate any imminent and substantial
endangerment to the health of persons within the meaning of section 7603
of title 42.
(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
In applying the provisions of this section in the case of natural
gas subject to a prohibition order issued under this section, the term
``petroleum products'' (as defined in subsection (h)(2) of this section)
shall be substituted for the term ``heavy petroleum fuel oil'' (as
defined in section 717y(e)(7) of this title) if the person subject to
any order under this section demonstrates to the Commission that the
acquisition and use of heavy petroleum fuel oil is not technically or
economically feasible.
(Pub. L. 95-617, title VI, Sec. 607, Nov. 9, 1978, 92 Stat. 3171.)
Codification
Section was enacted as part of the Public Utility Regulatory
Policies Act of 1978, and not as part of the Natural Gas Act which
comprises this chapter.
Delegation of Functions
Functions of President under this section, except for authority to
declare, extend, and terminate a natural gas supply emergency pursuant
to subsecs. (a) and (b) of this section, delegated to Secretary of
Energy, see section 1-102 of Ex. Ord. No. 12235, Sept. 3, 1980, 45 F.R.
58803, set out as a note under section 3364 of this title.
Section Referred to in Other Sections
This section is referred to in sections 717y, 3363 of this title.
