Page images
PDF
EPUB

15 USC 717.

[ocr errors]

of any State if applied with respect to any transfer approved under the rule required under subsection (a)(1).

(d) CONTRACTUAL OBLIGATIONS UNAFFECTED.—The person acquiring contractual interests transferred pursuant to the rule myuired under subsection (a) (1) shall assume the contractual obligaties which the person transferring such contractual interests has under such contract. This section shall not relieve the person transferring such contractual interests from any contractual obligation of such persin under such contract if such obligation is not performed by the person acquiring such contractual interests. (e) DEFINITION6.- For purposes of this section

(1) The term “natural gas" has the same meaning as provided
by section 2(5) of the Natural Gas Act.

(2) The term “just compensation”, when used with respect to
any.contractual interests pursuant to the rule requinul under şub.
section (a) (1), means the maximum amount of, or method of
determini ng, consideration which does not exceed the amount by
which,

(A) the reasonable costs (not including capital costs)
incurred, during the remainder of the period of ihe contract
with respect to which contractual interests ani transferred
pursuant to the rule required under subsection (a) (1), in
direct association with the use of heavy petroleum fuel oil as
a fuel in the applicable facility, exceeds

(B) the price under such contract for natural gas, subject
to such contract, delivered during such period.
For purpo es of subparagraph (A),

the reasonable costs directly
associated with the use of heavy petroleum fuel oil as a fuel shall
include an allowance for the amortization, over the remaining
useful life of the undepreciated value of depreciable assets located
on the premises containing such facility, which assets were directly
associated with the use of natural gas and are not usable in connec-
tion with the use of such heavy petroleum fuel oil.

(3) The term “just compensation”, when used with respect to
ang intrastate pipeline which would have transported or distrib-
uted natural gas with respect to which contractual interests are
transferred pursuant to the rule required under subsection (a) (1),
means an amount equal to any loss of revenue, during the remain-
ing period of the contract with respect to which contractual inter-
est, are transferred pursuant to the rule required under subsection
(a) (1), to the extent such loss-

(A) is directly incurred by reason of the discontinuation
of the transportation or distribution of natural gas resulting
from the transfer of contractual interests pursuant to the rule
required under subsection (a)(1); and
(B) is not offset by ---

(i) a reduction in expenses associated with such discon-
tinuation; and

(ii) revenues derived from other transportation or dis-
tribution which would not have occurred if such con-

tractual interests had not been transferred.
(4) The term "contractual interests” means the right to receive
natural gas under contract as affected by an applicable curtail-
ment plan filed with the Commission or the appropriate State
regulatory authority.

(5) The term “interstate pipeline” means any person engaged
in natural gas transportation subject to the jurisdiction of the
Commission under the Natural Gas Act.

15 L'SC 717w.

Posh p. 3289.

(6) The term "high-priority use" means any use of natural gas (other than its use for the generation of steam for industrial purposes or electricity) identified by the Commission as a high priority use for which the Commission determines a substi. tute fuel is not reasonably available.

(7) The term “heavy petroleum fuel oil” means number 4, 5, or 6 fuel oil which is domestically refined.

(8) The term “local distribution company” means any person, other than any intrastate pipeline or any interstate pipeline, engaged in the transportation, or local distribution, of natural gas and the sale of natural gas for ultimate consumption.

(9) The term “intrast ate pipeline” means any person engaged in natural gas transportation (not including gathering) which is not subject to the jurisdiction of the Commission under the Yatural Gas Act.

(10) The term "facility” means any electric powerplant, or major fuel burning installation, as such terms are defined in the Powerplant and Industrial Fuel Use Act of 1978.

(11) The term “curtailment plan” means a plan (including any modification of such plan required by the Natural Gas Policy Act of 1978), in effect under the Natural Gas Act or State las. which provides for recognizing and implementing priorities of service during periods of curtailed deliveries by any local distribution company, intrastate pipeline, or interstate pipeline.

(12) The term "interstate commerce” has the same meaning as such term has under the Natural Gas Act. (f) COORDIXATION WITH THE NATURAL GAS Act.-(1) Consideration in any transfer of contractual interests pursuant to the rule required under subsection (a)(1) of this section shall be deemed int and reasonable for purposes of sections 4 and 5 of the Natural Gas Act if such consideration does not erceed just compensation.

(2) No person shall be subject to the jurisdiction of the Commission under the Natural Gas Act as a natural gas-company (within the meaning of such Act) or to regulation as a common carrier under any provision of Federal or State law solely by reason of making any sale, or engaging in any transportation, of natural gas with respect to which contractual interests are transferred pursuant to the rule required under subsection (a)(1).

(3) Nothing in this section shall exempt from the jurisdiction of the Commission under the Natural Gas Act any transportation in interstate commerce of natural gas, any sale in interstate commerce for resale of natural gas, or any person engaged in such transportation or such sale to the extent such transportation, sale, or person is subject to the jurisdiction of the Commission under such Act without regard to the transfer of contractual interests pursuant to the rule required under subsection (a)(1).

(4) Nothin, in this sertion shall exempt any person from any obli. gation to obtain a certificate of public convenience and necessity for the sale in interstate commerce for resale or the transportation in interstate commerce of natural gas with respect to which contractual interests are transferred pursuant to the rule required under subsection (a)(1).

(g) VOLUME LIMITATION.—No supplier of natural gas under any contract, with respect to which contractual interests have been transferred pursuant to the rule required under subsection (a)(1), shall be

15 USC 7175 717d.

1

required to supply natural gas during any relevant period in volume amounts which exceed the lesser of

(1) the volume determined by reference to the maximum delivery obligations specified in such contract;

(2) the volume which such supplier would have been required to supply, under the curtailment plan in effect for such supplier, to the person, who transferred contractual interests pursuant to the rule required under subsection (a) (1), if no such transfer had occurred; and

(3) the volume actually delivered or for which payment would have been made pursuant to such contract during the 12-calendarmonth period ending immediately before such transfer of con

tractual interests. SEC. 637. EMERGENCY CONVERSION OF UTILITIES AND OTHER 15 USC 7172.

FACILITIES (8) 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 303 of the Natural Gas Policy Act of 1978) to the maximum extent practicable, to assist in meeting natural gas require

ments for such high-priority uses. (b) LOUITATION.-(1) Any declaration of a natural gas supply emergency (or extension thereof) under subsection (a), shall termínate 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) PROHIBITION6. - 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 prod. ucts 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 highpriority use; and

(3) petroleum products will be available for use by such powerplant or installation throughout the period the order is in effect.

[ocr errors]

42 USC 1857h-1.

(d) LIMITATIONB.—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 USE8.-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 Alame 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 303 of the Clean Air Act.

(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 tempo
rarily 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) DEFINITION8.—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 103 of the Powerplant and Industrial Fuel Use Act of 1978.

(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 main-

tenance 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
80 degrees Fahrenheit.

(i) Use or CERTAIN TERM8.-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 608(e) (7)) 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. SEC. 608 NATURAL GAS TRANSPORTATION POLICIES.

(2) IN GENERALSection 7(c) of the Natural Gas Act (15 U.S.C. 717f (c))

is amended by adding at the end thereof the following: “(2) The Commission may issue a certificate of public convenience and necessity to a natural-gas company for the transportation in interstate commerce of natural gas used by any person for one or more high-priority uses, as defined, by rule, by the Commission, in the case of

“(A) natural gas sold by the producer to such person; and

“(B) natural gas produced by such person.”. (b) CONFORMING AMENDMENT.- (1) Subsection (c) of section 7 of the Natural Gas Act (15 U.S.C. 717f(c)), is amended

(A) by striking out “(c)” and inserting in lieu thereof “(c) (1)(A)", and

(B) by inserting “(B)” immediately before "In all other cases." where such term appears in the second undesignated paragraph

of such subsection. (2) Subsection (e) of section 7 of the Natural Gas Act (15 U.S.C. 717f(a)) is amended by striking out “subsection (c)” and inserting in lieu thereof "subsection (c)(1)".

« PreviousContinue »