§ 8374. Emergency authorities

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Pub. L. 95–620 title IV § 404 · 92 Stat. 3289

   Enacted · 42 U.S.C. § 8374

   Pub. L. 95–620, title IV, § 404, Nov. 9, 1978, 92 Stat. 3319

   Source evidence

   Code source credit
   Pub. L. 95–620, title IV, § 404, Nov. 9, 1978, 92 Stat. 3319

   Enacted provision · exact public law section
   SEC. 404. EMERGENCY AUTHORITIES. (a) Coal Allocation Authority.— (1) If the President— 42 USC 8374. (A) declares a severe energy supply interruption, as defined in section 3(8) of the Energy Policy and Conservation Act, or 42 USC 6202. (B) finds, and publishes such finding, that a national or regional fuel supply shortage exists or may exist which the President determines— (i) is, or is likely to be, of significant scope and duration, and of an emergency nature; (ii) causes, or may cause, major adverse impact on public health, safety, or welfare or on the economy; and (iii) results, or is likely to result, from an interruption in the supply of coal or from sabotage, or an act of God; the President may, by order, allocate coal (and require the transportation thereof) for the use of any electric powerplant or major ruelburning installation, in accordance with such terms and conditions as he may prescribe, to insure reliability of electric service or prevent unemployment, or protect public health, safety, or welfare. (2) For purposes of this subsection, the term “coal” mans anthracite “Coal.” and bituminous coal and lignite (but does not mean any fuel derivative thereof). (b) Emergency Prohibition on Use of Natural Gas or Petroleum.— If the President declares a severe energy supply interruption, as defined in section 3(8) of the Energy Policy and Conservation Act, 42 USC 6202. the President may, by order, prohibit any electric powerplant or major fuel-burning installation from using natural gas or petroleum, or both, as a primary energy source for the duration of such interruption. Notwithstanding any other provision of this section, any suspension of emission limitations or other requirements of applicable implementation plans, as defined in section 110(d) of the Clean Air Act, required 42 USC 7410. by such prohibition shall be issued only in accordance with section 110(f) of the Clean Air Act. (c) Emergency Stays.— The President may, by order, stay the application of any provision of this Act, or any rule or order thereunder, applicable to any new or existing electric powerplant, if the President finds, and publishes such finding, that an emergency exists, due to national, regional, or systemwide shortages of coal or other alternate fuels, or disruption of transportation facilities, which emergency is likely to affect reliability of service of any such electric powerplant. (d) Duration of Emergency Orders.— (1) Except as provided in paragraph (3), any order issued by the President under this section shall not be effective for longer than the duration of the interruption or emergency, or 90 days, whichever is less. (2) Any such order may be extended by a subsequent order which Transmittal to Congress. 42 USC 6421. Congressional review. the President shall transmit to the Congress in accordance with section 551 of the Energy Policy and Conservation Act. Such order shall be subject to congressional review pursuant to such section. (3) Notwithstanding paragraph (1), the effectiveness of any order issued under this section shall not terminate under this subsection during the 15-calendar-day period during which any such subsequent order described in paragraph (2) is subject to congressional review under section 551 of the Energy Policy and Conservation Act. 42 USC 6421. (4) For purposes of this subsection, the provisions of this subsection supersede the provisions of title II of the Act of September 14, 1976 (Public Law 94–412; 50 U.S.C. 1621 and following). (e) Delegation of Authority Prohibited.— The authority of the President to issue any order under this section may not be delegated. This subsection shall not be construed to prevent the President from directing any Federal agency to issue rules or regulations or take such other action, consistent with this section, in the implementation of such order. (f) Publication in Federal Register. Publication and Reports to Congress of Orders.— Any Order issued under this section shall be published in the Federal Register. To the greatest extent practicable, the President shall, before issuing any order under this section, but in no event later than 5 days after issuing such order, report to the Congress of his intention to issue such order and state his reasons therefor. (g) Emergency Uses of Natural Gas or Petroleum.— (1) During a temporary emergency condition (other than emergency conditions Ante, p. 3292. provided for under section 103(a) (15)), any person operating a peak-load powerplant or a major fuel-burning installation may, under rules prescribed by the Secretary, use natural gas or petroleum as a primary energy source in such powerplant or installation, notwithstanding any prohibition otherwise imposed by or pursuant to this Act, if— (A) such person notifies the Secretary within 24 hours after commencing such use; and (B) the Secretary has not notified such person that in his judgment the emergency condition does not exist, or does not warrant the use of natural gas or petroleum involved. (2) Within 90 days after the effective date of this Act, the Secretary shall, by rule, prescribe the form and content of such notices and the conditions which may constitute a temporary emergency. (3) Hours of operation allowed under paragraph (1) shall not be included in the peakload powerplant’s operating hours for the purposes of the penalties in section 723 (b).

2. 1987

   Pub. L. 100–42 § 1(c)(15) · 101 Stat. 310

   Struck · 42 U.S.C. § 8374(g)

   Pub. L. 100–42 struck out subsec. (g) which permitted use of natural gas or petroleum as primary energy source in peakload powerplant or major fuel-burning installation during temporary emergency condition (other than emergency conditions provided for under section 8302(a)(15) of this title)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 100–42 struck out subsec. (g) which permitted use of natural gas or petroleum as primary energy source in peakload powerplant or major fuel-burning installation during temporary emergency condition (other than emergency conditions provided for under section 8302(a)(15) of this title).

   Enacted provision · exact public law section
   (15) Section 404 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8374) is amended by striking subsection (g).

2 of 2 references resolved to an enrolled provision