To amend the Federal Energy Administration Act of 1974 to extend the duration of authorities under such Act; to provide an incentive for domestic production; to provide for electric utility rate design initiatives; to provide for energy con- servation standards for new buildings; to provide for energy conservation as- sistance for existing buildings and industrial plants; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Energy Sec. 102. Limitation on discretion of Administrator with respect to energy Sec. 103. Environmental Protection Agency comment period and notice of waiver. Sec. 104. Guidelines for hardship and inequity and hearing at appeals. Sec. 105. Requirements for hearing in the geographic area affected by rules and regulations of the Administrator. Sec. 106. Limitation on the Administrator's authority with respect to enforce- Sec. 107. Maintaining accounts or records for compliance purposes; and allevia- Sec. 110. Authorizations of appropriations. Sec. 111. Collection of information concerning exports of coal or petroleum Sec. 112. Federal Energy Administration Act extension. Sec. 113. Project Independence evaluation system documentation and access. Sec. 121. Exemption of stripper well production. Sec. 122. Enhancement of domestic production. Sec. 123. Construction of refineries by small and independent refiners. "Sec. 51. Establishment of Office of Energy Information and Analysis. "Sec. 52. National Energy Information System. "Sec. 53. Administrative provisions. "Sec. 54. Analytical capability. "Sec. 55. Professional audit review of performance of Office. CONTENTS-Continued Sec. 203. Electric utility rate design proposals. Sec. 204. Rate design innovation and Federal Energy Administration interven- Sec. 304. Promulgation of energy conservation performance standards for new Sec. 305. Application of energy conservation standards for new buildings. TITLE I-FEDERAL ENERGY ADMINISTRATION ACT Federal Energy AMENDMENTS AND RELATED MATTERS PART A-FEDERAL ENERGY ADMINISTRATION ACT AMENDMENTS SHORT TITLE SEC. 101. This title may be cited as the "Federal Energy Administration Act Amendments of 1976". LIMITATION ON DISCRETION OF ADMINISTRATOR WITH RESPECT TO Administration Act Amendments of 1976. 15 USC 761 note. 15 USC 764. 15 USC 754. SEC. 102. Section 5 of the Federal Energy Administration Act of 1974 is amended by adding at the end thereof the following: "(c) (1) The Administrator shall not exercise the discretion delegated to him by the President, pursuant to section 5(b) of the Emergency Petroleum Allocation Act of 1973, to submit to the Congress as one energy action any amendment to the regulation under section 4(a) of such Act, pursuant to section 12 of such Act, which amendment exempts any oil, refined petroleum product, or refined product 760a. category from both the allocation and pricing provisions of the regulation under section 4 of such Act. "(2) Nothing in this subsection shall prevent the Administrator from concurrently submitting an energy action relating to price together with an energy action relating to allocation of the same oil, refined petroleum product, or refined product category.". ENVIRONMENTAL PROTECTION AGENCY COMMENT PERIOD AND 15 USC 753, SEC. 103. Paragraphs (1) and (2) of section 7(c) of the Federal Energy Administration Act of 1974 are amended to read as follows: 15 USC 766. "(1) The Administrator shall, before promulgating proposed Rules and rules, regulations, or policies affecting the quality of the environ- regulations. ment, provide a period of not less than five working days during which the Administrator of the Environmental Protection Agency may provide written comments concerning the impact of such rules, regulations, or policies on the quality of the environment. Such comments shall be published together with publication of notice of the proposed action. "(2) The review required by paragraph (1) of this subsection may be waived for a period of fourteen days if there is an emergency situation which, in the judgment of the Administrator, requires making effective the action proposed to be taken at a date earlier than would permit the Administrator of the Environmental Protection Agency the five working days opportunity for prior comment required by paragraph (1). Notice of any such waiver shall be given to the Administrator of the Environmental Protection Agency and filed with the Federal Register with the publication of notice of proposed or final agency action and shall include an explanation of the reasons for such waiver, together with supporting data and a description of the factual situation in such detail as the Administrator determines will apprise such agency and the public of the reasons for such waiver.". Rules. 15 USC 766. 15 USC 761 note. Review. 15 USC 766. Definitions. GUIDELINES FOR HARDSHIP AND INEQUITY AND HEARING AT APPEALS SEC. 104. Section 7(i) (1) (D) of the Federal Energy Administration Act of 1974 is amended to read as follows: "(D) Any officer or agency authorized to issue the rules, regulations, or orders described in paragraph (A) shall provide for the making of such adjustments, consistent with the other purposes of this Act, as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens and shall, by rule, establish procedures which are available to any person for the purpose of seeking an interpretation, modification, rescission of, exception to, or exemption from, such rules, regulations, and orders. Such officer or agency shall, within ninety days after the date of the enactment of the Federal Energy Administration Act Amendments of 1976, establish criteria and guidelines by which such special hardship, inequity, or unfair distribution of burdens shall be evaluated. Such officer or agency shall additionally insure that each decision on any application or petition requesting an adjustment shall specify the standards of hardship, inequity, or unfair distribution of burden by which any disposition was made, and the specific application of such standards to the facts contained in any such application or petition. If any person is aggrieved or adversely affected by a denial of a request for adjustment under the preceding sentences, he may request a review of such denial by the agency and may obtain judicial review in accordance with paragraph (2) of this subsection when such a denial becomes final. The agency shall, by rule, establish appropriate procedures, including a hearing when requested, for review of a denial, and where deemed advisable by the agency, for considering other requests for action under this paragraph, except that no review of a denial under this subparagraph shall be controlled by the same officer denying the adjustment pursuant to this subparagraph.”. REQUIREMENTS FOR HEARING IN THE GEOGRAPHIC AREA AFFECTED BY SEC. 105. Section 7(i) (1) is amended by adding after subparagraph (E) the following new subparagraph: "(F)(i) With respect to any rule or regulation of the Administrator the effects of which, except for indirect effects of an inconsequential nature, are confined to "(I) a single unit of local government or the residents thereof; "(II) a single geographic area within a State or the residents thereof; or "(III) a single State or the residents thereof; the Administrator shall, in any case where he is required by law, or where he determines, to afford an opportunity for a hearing or the oral presentation of views, provide procedures for the holding of such hearing or oral presentation within the boundaries of the unit of local government, geographic area, or State described in subclauses (I) through (III), as the case may be. "(ii) For purposes of this subparagraph "(I) the term 'unit of local government' means a county, municipality, town, township, village, or other unit of general government below the State level; and "(II) the term 'geographic area within a State' means a special purpose district or other region recognized for governmental purposes within such State which is not a unit of local government. |