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U.S. Code as of:
01/19/04
Section 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.
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