§ 796. — Reporting of energy information.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC796]
TITLE 15--COMMERCE AND TRADE
CHAPTER 16C--ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION
Sec. 796. Reporting of energy information
(a) Authority of Federal Energy Administrator to request, acquire, and
collect energy information; rules and regulations
For the purpose of assuring that the Federal Energy Administrator,
the Congress, the States, and the public have access to and are able to
obtain reliable energy information, the Federal Energy Administrator
shall request, acquire, and collect such energy information as he
determines to be necessary to assist in the formulation of energy policy
or to carry out the purposes of this chapter or the Emergency Petroleum
Allocation Act of 1973 [15 U.S.C. 751 et seq.].\1\ The Federal Energy
Administrator shall promptly promulgate rules pursuant to subsection
(b)(1)(A) of this section requiring reports of such information to be
submitted to the Federal Energy Administrator at least every ninety
calendar days.
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\1\ See References in Text note below.
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(b) Powers of Federal Energy Administrator in obtaining energy
information; verification of accuracy; compliance orders
(1) In order to obtain energy information for the purpose of
carrying out the provisions of subsection (a) of this section, the
Federal Energy Administrator is authorized--
(A) to require, by rule, any person who is engaged in the
production, processing, refining, transportation by pipeline, or
distribution (at other than the retail level) of energy resources to
submit reports;
(B) to sign and issue subpenas for the attendance and testimony
of witnesses and the production of books, records, papers, and other
documents;
(C) to require any person, by general or special order, to
submit answers in writing to interrogatories, requests for reports
or for other information; and such answers or other submissions
shall be made within such reasonable period, and under oath or
otherwise, as the Federal Energy Administrator may determine; and
(D) to administer oaths.
(2) For the purpose of verifying the accuracy of any energy
information requested, acquired, or collected by the Federal Energy
Administrator, the Federal Energy Administrator, or any officer or
employer \2\ duly designated by him, upon presenting appropriate
credentials and a written notice from the Federal Energy Administrator
to the owner, operator, or agent in charge, may--
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\2\ So in original. Probably should be ``employee''.
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(A) enter, at reasonable times, any business premise or
facility; and
(B) inspect, at reasonable times and in a reasonable manner, any
such premise or facility, inventory and sample any stock of energy
resources therein, and examine and copy books, records, papers, or
other documents, relating to any such energy information.
(3) Any United States district court within the jurisdiction of
which any inquiry is carried on may, upon petition by the Attorney
General at the request of the Federal Energy Administrator, in the case
of refusal to obey a subpena or order of the Federal Energy
Administrator issued under this section, issue an order requiring
compliance therewith; and any failure to obey the order of the court may
be punished by the court as a contempt thereof.
(c) Development of initial report; quarterly reports; accounting
practices
(1) The Federal Energy Administrator shall exercise the authorities
granted to him under subsection (b)(1)(A) of this section to develop,
within thirty days after June 22, 1974, as full and accurate a measure
as is reasonably practicable of--
(A) domestic reserves and production;
(B) imports; and
(C) inventories;
of crude oil, residual fuel oil, refined petroleum products, natural
gas, and coal.
(2) For each calendar quarter beginning with the first complete
calendar quarter following June 22, 1974, the Federal Energy
Administrator shall develop and publish a report containing the
following energy information:
(A) Imports of crude oil, residual fuel oil, refined petroleum
products (by product), natural gas, and coal, identifying (with
respect to each such oil, product, gas, or coal) country of origin,
arrival point, quantity received, and the geographic distribution
within the United States.
(B) Domestic reserves and production of crude oil, natural gas,
and coal.
(C) Refinery activities, showing for each refinery within the
United States (i) the amounts of crude oil run by such refinery,
(ii) amounts of crude oil allocated to such refinery pursuant to
regulations and orders of the Federal Energy Administrator, his
delegate pursuant to the Emergency Petroleum Allocation Act of 1973
[15 U.S.C. 751 et seq.],\3\ or any other person authorized by law to
issue regulations and orders with respect to the allocation of crude
oil, (iii) percentage of refinery capacity utilized, and (iv)
amounts of products refined from such crude oil.
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\3\ See References in Text note below.
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(D) Report of inventories, on a national, regional, and State-
by-State basis--
(i) of various refined petroleum products, related refiners,
refineries, suppliers to refiners, share of market, and
allocation fractions;
(ii) of various refined petroleum products, previous quarter
deliveries and anticipated three-month available supplies;
(iii) of anticipated monthly supply of refined petroleum
products, amount of set-aside for assignment by the State,
anticipated State requirements, excess or shortfall of supply,
and allocation fraction of base year; and
(iv) of LPG by State and owner: quantities stored, and
existing capacities, and previous priorities on types,
inventories of suppliers, and changes in supplier inventories.
(3) In order to carry out his responsibilities under subsection (a)
of this section, the Federal Energy Administrator shall require,
pursuant to subsection (b)(1)(A) of this section, that persons engaged,
in whole or in part, in the production of crude oil or natural gas--
(A) keep energy information in accordance with the accounting
practices developed pursuant to section 503 of the Energy Policy and
Conservation Act [42 U.S.C. 6383], and
(B) submit reports with respect to energy information kept in
accordance with such practices.
The Administrator shall file quarterly reports with the President and
the Congress compiled from accounts kept in accordance with such section
503 and submitted to the Administrator in accordance with this
paragraph. Such reports shall present energy information in the
categories specified in subsection (c) of such section 503 to the extent
that such information may be compiled from such accounts. Such energy
information shall be collected and such quarterly reports made for each
calendar quarter which begins 6 months after the date on which the
accounting practices developed pursuant to such section 503 are made
effective.
(d) Confidential information
Upon a showing satisfactory to the Federal Energy Administrator by
any person that any energy information obtained under this section from
such person would, if made public, divulge methods or processes entitled
to protection as trade secrets or other proprietary information of such
person, such information, or portion thereof, shall be confidential in
accordance with the provisions of section 1905 of title 18; except that
such information, or part thereof, shall not be deemed confidential for
purposes of disclosure, upon request, to (1) any delegate of the Federal
Energy Administrator for the purpose of carrying out this chapter and
the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 et
seq.],\4\ (2) the Attorney General, the Secretary of the Interior, the
Federal Trade Commission, the Federal Power Commission, or the General
Accounting Office, when necessary to carry out those agencies' duties
and responsibilities under this and other statutes, and (3) the
Congress, or any committee of Congress upon request of the Chairman.
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\4\ See References in Text note below.
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(e) Definitions
As used in this section:
(1) The term ``energy information'' includes (A) all information
in whatever form on (i) fuel reserves, exploration, extraction, and
energy resources (including petrochemical feedstocks) wherever
located; (ii) production, distribution, and consumption of energy
and fuels wherever carried on; and (B) matters relating to energy
and fuels, such as corporate structure and proprietary
relationships, costs, prices, capital investment, and assets, and
other matters directly related thereto, wherever they exist.
(2) The term ``person'' means any natural person, corporation,
partnership, association, consortium, or any entity organized for a
common business purpose, wherever situated, domiciled, or doing
business, who directly or through other persons subject to their
control does business in any part of the United States.
(3) The term ``United States'' when used in the geographical
sense means the States, the District of Columbia, Puerto Rico, and
the territories and possessions of the United States.
(f) Availability of energy information
Information obtained by the Administration under authority of this
chapter shall be available to the public in accordance with the
provisions of section 552 of title 5.
(g) Independent nature of authority to gather energy information
The authority contained in this section is in addition to,
independent of, not limited by, and not in limitation of, any other
authority of the Federal Energy Administrator.
(Pub. L. 93-319, Sec. 11, June 22, 1974, 88 Stat. 262; Pub. L. 94-163,
title V, Secs. 505(a), 506, Dec. 22, 1975, 89 Stat. 960; Pub. L. 95-620,
title VII, Sec. 762(d), Nov. 9, 1978, 92 Stat. 3346.)
References in Text
This chapter, referred to in subsec. (a), was in the original ``this
Act'', meaning Pub. L. 93-319. For complete classification of this Act
to the Code, see Short Title note set out under section 791 of this
title and Tables.
The Emergency Petroleum Allocation Act of 1973, referred to in
subsecs. (a), (c)(2)(C), and (d), is Pub. L. 93-159, Nov. 27, 1973, 87
Stat. 628, as amended, which was classified generally to chapter 16A
(Sec. 751 et seq.) of this title, was omitted from the Code pursuant to
section 760g of this title, which provided for the expiration of the
President's authority under that chapter on Sept. 30, 1981.
Amendments
1978--Subsec. (g). Pub. L. 95-620 struck out provisions comprising
par. (2) relating to termination of this section at midnight, Dec. 31,
1979, and designated remaining provisions as subsec. (g).
1975--Subsec. (c)(3). Pub. L. 94-163, Sec. 505(a), added par. (3).
Subsec. (g)(2). Pub. L. 94-163, Sec. 506, substituted ``December 31,
1979'' for ``June 30, 1975'' in two places.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-620 effective 180 days after Nov. 9, 1978,
see section 901 of Pub. L. 95-620, set out as an Effective Date note
under section 8301 of Title 42, The Public Health and Welfare.
Effective Date of 1975 Amendment
Section 505(b) of Pub. L. 94-163 provided that: ``The amendment made
by subsection (a) to section 11(c) of the Energy Supply and
Environmental Coordination Act of 1974 [subsec. (c) of this section]
shall take effect on the first day of the first accounting quarter to
which such practices apply.''
Transfer of Functions
Federal Energy Administration terminated and functions vested by law
in Administrator thereof transferred to Secretary of Energy (unless
otherwise specifically provided) by sections 7151(a) and 7293 of Title
42, The Public Health and Welfare.
Federal Power Commission terminated and functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a)(1), 7291, and 7293 of Title 42.
Section Referred to in Other Sections
This section is referred to in sections 772, 790, 797, 3418 of this
title; title 16 section 2703; title 42 sections 5917, 6274, 6296, 6299,
6381, 7135, 8401, 8421, 8541; title 49 section 32912.
