-CITE-

15 USC CHAPTER 16C - ENERGY SUPPLY AND ENVIRONMENTAL

COORDINATION 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16C - ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION

.

-HEAD-

CHAPTER 16C - ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION

-MISC1-

Sec.

791. Congressional declaration of purpose.

792. Coal conversion and allocation.

(a) Powerplant and fuel burning installations.

(b) Prerequisites to issuance or effectiveness of

orders prohibiting use of natural gas or

petroleum products as primary energy source.

(c) Construction and design of powerplants or other

major fuel burning installations.

(d) Allocation of coal.

(e) Definitions.

(f) Expiration of authority; effective dates.

793. Protection of public health and environment.

(a) Distribution of low sulfur fuel.

(b) Study of chronic effects of sulfur oxide

emissions among exposed populations.

(c) Major Federal actions significantly affecting the

quality of the human environment.

(d) Importation of hydroelectric energy.

794. Energy conservation study.

(a) Study of conservation methods.

(b) Emergency mass transportation assistance plan.

(c) Recommendations in plan.

795. Report to Congress by January 31, 1975.

796. Reporting of energy information.

(a) Authority of Federal Energy Administrator to

request, acquire, and collect energy

information; rules and regulations.

(b) Powers of Federal Energy Administrator in

obtaining energy information; verification of

accuracy; compliance orders.

(c) Development of initial report; quarterly reports;

accounting practices.

(d) Confidential information.

(e) Definitions.

(f) Availability of energy information.

(g) Independent nature of authority to gather energy

information.

797. Enforcement.

(a) Violations.

(b) Penalties; injunctions; declaratory judgments.

798. Definitions.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 16 section 2643; title 42

sections 6274, 7194, 7410, 7411, 7473.

-CITE-

15 USC Sec. 791 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16C - ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION

-HEAD-

Sec. 791. Congressional declaration of purpose

-STATUTE-

The purposes of this chapter are (1) to provide for a means to

assist in meeting the essential needs of the United States for

fuels, in a manner which is consistent, to the fullest extent

practicable, with existing national commitments to protect and

improve the environment, and (2) to provide requirements for

reports respecting energy resources.

-SOURCE-

(Pub. L. 93-319, Sec. 1(b), June 22, 1974, 88 Stat. 246.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 93-319 which, in addition to enacting this

chapter and provision set out as a note under this section, enacted

sections 1857c-10 and 1857f-6f of Title 42, The Public Health and

Welfare, and amended sections 1857b-1, 1857c-5, 1857c-8, 1857c-9,

1857d-1, 1857f-1, 1857f-6e, 1857f-7, 1857h-5, and 1857l of Title

42. For complete classification of this Act to the Code, see

Tables.

-MISC2-

SHORT TITLE

Section 1(a) of Pub. L. 93-319 provided that Pub. L. 93-319

(enacting this chapter, enacting sections 1857c-10 and 1857f-6f of

Title 42, The Public Health and Welfare, and amending sections

1857b-1, 1857c-5, 1857c-8, 1857c-9, 1857d-1, 1857f-1, 1857f-6e,

1857f-7, 1857h-5, and 1857l of Title 42) may be cited as the

''Energy Supply and Environmental Coordination Act of 1974''.

-CITE-

15 USC Sec. 792 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16C - ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION

-HEAD-

Sec. 792. Coal conversion and allocation

-STATUTE-

(a) Powerplant and fuel burning installations

The Federal Energy Administrator -

(1) shall, by order, prohibit any powerplant, and

(2) may, by order, prohibit any major fuel burning

installation, other than a powerplant,

from burning natural gas or petroleum products as its primary

energy source, if the requirements of subsection (b) of this

section are met and if (A) the Federal Energy Administrator

determines such powerplant or installation on June 22, 1974, had,

or thereafter acquires or is designed with, the capability and

necessary plant equipment to burn coal, or (B) such powerplant or

installation is required to meet a design or construction

requirement under subsection (c) of this section.

(b) Prerequisites to issuance or effectiveness of orders

prohibiting use of natural gas or petroleum products as primary

energy source

The requirements referred to in subsection (a) of this section

are as follows:

(1) An order under subsection (a) of this section may not be

issued with respect to a powerplant or installation unless the

Federal Energy Administrator finds (A) that the burning of coal

by such plant or installation, in lieu of petroleum products or

natural gas, is practicable and consistent with the purposes of

this chapter, (B) that coal and coal transportation facilities

will be available during the period the order is in effect, and

(C) in the case of a powerplant, that the prohibition under

subsection (a) of this section will not impair the reliability of

service in the area served by such plant. Such an order shall be

rescinded or modified to the extent the Federal Energy

Administrator determines that any requirement described in

subparagraph (A), (B), or (C) of this paragraph is no longer met;

and such an order may at any time be modified if the Federal

Energy Administrator determines that such order, as modified,

complies with the requirements of this section.

(2)(A) Before issuing an order under subsection (a) of this

section which is applicable to a powerplant or installation for a

period ending on or before June 30, 1975, the Federal Energy

Administrator (i) shall give notice to the public and afford

interested persons an opportunity for written presentations of

data, views, and arguments, (ii) shall consult with the

Administrator of the Environmental Protection Agency, and (iii)

shall take into account the likelihood that the powerplant or

installation will be permitted to burn coal after June 30, 1975.

(B) An order described in subparagraph (A) of this paragraph

shall not become effective until the date which the Administrator

of the Environmental Protection Agency certifies pursuant to

section 1857c-10(d)(1)(A) (FOOTNOTE 1) of title 42 is the

earliest date that such plant or installation will be able to

comply with the air pollution requirements which will be

applicable to it. Such order shall not be effective for any

period certified by the Administrator of the Environmental

Protection Agency pursuant to section 1857c-10(d)(3)(B) (FOOTNOTE

1) of title 42.

(FOOTNOTE 1) See References in Text note below.

(3)(A) Before issuing an order under subsection (a) of this

section which is applicable to a powerplant or installation after

June 30, 1975 (or modifying an order to which paragraph (2)

applies, so as to apply such order to a powerplant or

installation after such date), the Federal Energy Administrator

shall give notice to the public and afford interested persons an

opportunity for oral and written presentations of data, views,

and arguments.

(B) An order (or modification thereof) described in

subparagraph (A) of this paragraph shall not become effective

until (i) the Administrator of the Environmental Protection

Agency notifies the Federal Energy Administrator under section

1857c-10(d)(1)(B) (FOOTNOTE 1) of title 42 that such plant or

installation will be able on and after July 1, 1975, to burn coal

and to comply with all applicable air pollution requirements

without a compliance date extension under section 1857c-10(c)

(FOOTNOTE 1) of title 42, or (ii) if such notification is not

given, the date which the Administrator of the Environmental

Protection Agency certifies pursuant to section 1857c-10(d)(1)(B)

(FOOTNOTE 1) of title 42 is the earliest date that such plant or

installation will be able to comply with all applicable

requirements of such 1857c-10 (FOOTNOTE 1) of title 42. Such

order (or modification) shall not be effective during any period

certified by the Administrator of the Environmental Protection

Agency under section 1857c-10(d)(3)(B) (FOOTNOTE 1) of title 42.

(c) Construction and design of powerplants or other major fuel

burning installations

The Federal Energy Administrator may require that any powerplant

or other major fuel burning installation in the early planning

process (other than a combustion gas turbine or combined cycle

unit) be designed and constructed so as to be capable of using coal

as its primary energy source. No powerplant or other major fuel

burning installation may be required under this subsection to be so

designed and constructed, if the Administrator determines that (1)

in the case of a powerplant to do so is likely to result in an

impairment of reliability or adequacy of service, or (2) an

adequate and reliable supply of coal is not expected to be

available. In considering whether to impose a design and

construction requirement under this subsection, the Federal Energy

Administrator shall consider the existence and effects of any

contractual commitment for the construction of such facilities and

the capability of the owner to recover any capital investment made

as a result of any requirement imposed under this subsection.

(d) Allocation of coal

The Federal Energy Administrator may, by rule or order, allocate

coal (1) to any powerplant or major fuel-burning installation to

which an order under subsection (a) of this section has been

issued, or (2) to any other person to the extent necessary to carry

out the purposes of this chapter.

(e) Definitions

For purposes of this section:

(1) The term ''powerplant'' means a fossil-fuel fired electric

generating unit which produces electric power for purposes of

sale or exchange.

(2) The term ''coal'' includes coal derivatives.

(f) Expiration of authority; effective dates

(1) Authority to issue orders or rules under subsections (a)

through (d) of this section shall expire at midnight, December 31,

1978. Such a rule or order may take effect at any time before

January 1, 1985.

(2) Authority to amend, repeal, rescind, modify, or enforce such

rules or orders shall expire at midnight, December 31, 1984; but

the expiration of such authority shall not affect any

administrative or judicial proceeding which relates to any act or

omission which occurred prior to January 1, 1985.

-SOURCE-

(Pub. L. 93-319, Sec. 2, June 22, 1974, 88 Stat. 246; Pub. L.

94-163, title I, Sec. 101, Dec. 22, 1975, 89 Stat. 875; Pub. L.

95-70, Sec. 7, July 21, 1977, 91 Stat. 277.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (b)(1) and (d), 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.

Section 1857c-10 of title 42, referred to in subsec. (b)(2)(B),

(3)(B), was in the original a reference to section 119 of the Clean

Air Act, and was repealed by Pub. L. 95-95, Sec. 112(b), which

provided in part that references in this section to section

1857c-10 shall be construed to refer to section 7413(d) of title 42

and to paragraph (5) thereof in particular. Subsequently, section

7413 of title 42 was amended generally by Pub. L. 101-549, title

VII, Sec. 701, Nov. 15, 1990, 104 Stat. 2672, and, as so amended,

subsec. (d) no longer relates to final compliance orders. See

section 7413(a) of title 42 for provisions relating generally to

compliance orders. For further details, see Compliance Orders note

set out below.

-MISC2-

AMENDMENTS

1977 - Subsec. (f)(1). Pub. L. 95-70 substituted ''shall expire

at midnight, December 31, 1978'' for ''shall expire at midnight,

June 30, 1977''.

1975 - Subsec. (a). Pub. L. 94-163, Sec. 101(b), authorized the

Administrator to prohibit any powerplant or other fuel burning

installation from burning natural gas or petroleum products as its

primary energy source if such powerplant or other installation is

required to meet a design or construction requirement under subsec.

(c) of this section.

Subsec. (c). Pub. L. 94-163, Sec. 101(c), inserted ''or other

major fuel burning installation'' after ''powerplant'' wherever

appearing and inserted ''in the case of a powerplant'' after ''if

the Administrator determines that (1)''.

Subsec. (f)(1). Pub. L. 94-163, Sec. 101(a)(1), substituted

''June 30, 1977'' for ''June 30, 1975'' and ''January 1, 1985'' for

''January 1, 1979''.

Subsec. (f)(2). Pub. L. 94-163, Sec. 101(a)(2), substituted

''December 31, 1984'' for ''December 31, 1978'' and ''January 1,

1985'' for ''January 1, 1979''.

-TRANS-

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.

-MISC5-

COMPLIANCE ORDERS

Pub. L. 95-95, title I, Sec. 112(b), Aug. 7, 1977, 91 Stat. 709,

repealed section 119 of the Clean Air Act, which was classified to

section 1857c-10 of Title 42, The Public Health and Welfare, and

which related to the Administrator's authority to deal with the

energy shortage. Section 112(b) of Pub. L. 95-95 provided that:

''(1) Section 119 of such Act (section 1857c-10 of Title 42, The

Public Health and Welfare) is hereby repealed. All references to

such section 119 (section 1857c-10 of Title 42) or subsections

thereof in section 2 of the Energy Supply and Environmental

Coordination Act of 1974 (Public Law 93-319) (this section) or any

amendment thereto, or any subsequent enactment which supersedes

such Act (Pub. L. 93-319, June 22, 1974, 88 Stat. 246), shall be

construed to refer to section 113(d) of the Clean Air Act (section

7413(d) of Title 42) and to paragraph (5) thereof in particular.

Any certification or notification required to be given by the

Administrator of the Environmental Protection Agency under section

2 of the Energy Supply and Environmental Coordination Act of 1974

(this section) or any amendment thereto, or any subsequent

enactment which supersedes such Act, shall be given only when the

Governor of the State in which is located the source to which the

proposed order under section 113(d)(5) of the Clean Air Act

(section 7413(d)(5) of Title 42) is to be issued gives his prior

written concurrence.

''(2) In the case of any major stationary source to which any

requirement is applicable under section 113(d)(5)(B) of the Clean

Air Act (section 7413(d)(5)(B) of Title 42) and for which

certification is required under section 2 of the Energy Supply and

Environmental Coordination Act of 1974 (this section) or any

amendment thereto, or any subsequent enactment which supersedes

such Act (Pub. L. 93-319), the Administrator of the Environmental

Protection Agency shall certify the date which he determines is the

earliest date that such source will be able to comply with all such

requirements. In the case of any plant or installation which the

Administrator of the Environmental Protection Agency determines

(after consultation with the State) will not be subject to an order

under section 113(d) of the Clean Air Act (section 7413(d) of Title

42) and for which certification is required under section 2 of the

Energy Supply and Environmental Coordination Act of 1974 (this

section) or any amendment thereto, or any subsequent enactment

which supersedes such Act (Pub. L. 93-319), the Administrator of

the Environmental Protection Agency shall certify the date which he

determines is the earliest date that such plant or installation

will be able to burn coal in compliance with all applicable

emission limitations under the implementation plan.

''(3) Any certification required under section 2 of the Energy

Supply and Environmental Coordination Act of 1974 (this section) or

any amendment thereto, or any subsequent enactment which supersedes

such Act (Pub. L. 93-319), or under this subsection may be provided

in an order under section 113(d) of the Clean Air Act (section

7413(d) of Title 42).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 793, 797 of this title;

title 42 sections 7411, 7420, 7473, 8402, 8461, 8472.

-CITE-

15 USC Sec. 793 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16C - ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION

-HEAD-

Sec. 793. Protection of public health and environment

-STATUTE-

(a) Distribution of low sulfur fuel

Any allocation program provided for in section 792 of this title

or in the Emergency Petroleum Allocation Act of 1973 (15 U.S.C. 751

et seq.), (FOOTNOTE 1) shall, to the maximum extent practicable,

include measures to assure that available low sulfur fuel will be

distributed on a priority basis to those areas of the United States

designated by the Administrator of the Environmental Protection

Agency as requiring low sulfur fuel to avoid or minimize adverse

impact on public health.

(FOOTNOTE 1) See References in Text note below.

(b) Study of chronic effects of sulfur oxide emissions among

exposed populations

In order to determine the health effects of emissions of sulfur

oxides to the air resulting from any conversions to burning coal to

which section 119 (FOOTNOTE 1) of the Clean Air Act (42 U.S.C.

1857c-10) applies, the Department of Health and Human Services

shall, through the National Institute of Environmental Health

Sciences and in cooperation with the Environmental Protection

Agency, conduct a study of chronic effects among exposed

populations. The sum of $3,500,000 is authorized to be

appropriated for such a study. In order to assure that long-term

studies can be conducted without interruption, such sums as are

appropriated shall be available until expended.

(c) Major Federal actions significantly affecting the quality of

the human environment

(1) No action taken under the Clean Air Act (42 U.S.C. 7401 et

seq.) shall be deemed a major Federal action significantly

affecting the quality of the human environment within the meaning

of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et

seq.).

(2) No action under section 792 of this title for a period of one

year after initiation of such action shall be deemed a major

Federal action significantly affecting the quality of the human

environment within the meaning of the National Environmental Policy

Act of 1969 (42 U.S.C. 4321 et seq.). However, before any action

under section 792 of this title that has a significant impact on

the environment is taken, if practicable, or in any event within

sixty days after such action is taken, an environmental evaluation

with analysis equivalent to that required under section 102(2)(C)

of the National Environmental Policy Act (42 U.S.C. 4332(2)(C)), to

the greatest extent practicable within this time constraint, shall

be prepared and circulated to appropriate Federal, State, and local

government agencies and to the public for a thirty-day comment

period after which a public hearing shall be held upon request to

review outstanding environmental issues. Such an evaluation shall

not be required where the action in question has been preceded by

compliance with the National Environmental Policy Act by the

appropriate Federal agency. Any action taken under section 792 of

this title which will be in effect for more than a one-year period

or any action to extend an action taken under section 792 of this

title to a total period of more than one year shall be subject to

the full provisions of the National Environmental Policy Act,

notwithstanding any other provision of this chapter.

(d) Importation of hydroelectric energy

In order to expedite the prompt construction of facilities for

the importation of hydroelectric energy thereby helping to reduce

the shortage of petroleum products in the United States, the

Federal Power Commission is hereby authorized and directed to issue

a Presidential permit pursuant to Executive Order 10485 of

September 3, 1953, for the construction, operation, maintenance,

and connection of facilities for the transmission of electric

energy at the borders of the United States without preparing an

environmental impact statement pursuant to section 102 of the

National Environmental Policy Act of 1969 (42 U.S.C. 4332) for

facilities for the transmission of electric energy between Canada

and the United States in the vicinity of Fort Covington, New York.

-SOURCE-

(Pub. L. 93-319, Sec. 7, June 22, 1974, 88 Stat. 259; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

The Emergency Petroleum Allocation Act of 1973, referred to in

subsec. (a), 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.

Section 119 of the Clean Air Act (42 U.S.C. 1857c-10), referred

to in subsec. (b), was repealed by Pub. L. 95-95, Sec. 112(b)(1),

Aug. 7, 1977, 91 Stat. 709, which is set out as a Compliance Orders

note under section 792 of this title. A new section 119 of the

Clean Air Act was added by Pub. L. 95-95, Sec. 117(b), and is

classified to section 7419 of Title 42, The Public Health and

Welfare.

The Clean Air Act, referred to in subsec. (c), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of Title 42. For

complete classification of this Act of the Code, see Short Title

note set out under section 7401 of Title 42 and Tables.

The National Environmental Policy Act of 1969, referred to in

subsec. (c), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42. For complete classification of this Act to the

Code, see Short Title note under section 4321 of Title 42 and

Tables.

This chapter, referred to in subsec. (c)(2), 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.

Executive Order 10485 of September 3, 1953, referred to in

subsec. (d), is Ex. Ord. No. 10485, Sept. 3, 1953, 18 F.R. 5397,

which is set out as a note under section 717b of this title.

-CHANGE-

CHANGE OF NAME

''Department of Health and Human Services'' substituted for

''Department of Health, Education, and Welfare'' in subsec. (b),

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-TRANS-

TRANSFER OF FUNCTIONS

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, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 795 of this title.

-CITE-

15 USC Sec. 794 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16C - ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION

-HEAD-

Sec. 794. Energy conservation study

-STATUTE-

(a) Study of conservation methods

The Federal Energy Administrator shall conduct a study on

potential methods of energy conservation and, not later than six

months after June 22, 1974, shall submit to Congress a report on

the results of such study. The study shall include, but not be

limited to, the following:

(1) the energy conservation potential of restricting exports of

fuels or energy-intensive products, or goods, including an

analysis of balance-of-payments and foreign relations

implications of any such restrictions;

(2) alternative requirements, incentives, or disincentives for

increasing industrial recycling and resource recovery in order to

reduce energy demand, including the economic costs and fuel

consumption tradeoff which may be associated with such recycling

and resource recovery in lieu of transportation and use of virgin

materials; and

(3) means for incentives or disincentives to increase

efficiency of industrial use of energy.

(b) Emergency mass transportation assistance plan

Within ninety days of June 22, 1974, the Secretary of

Transportation, after consultation with the Federal Energy

Administrator, shall submit to the Congress for appropriate action

an ''Emergency Mass Transportation Assistance Plan'' for the

purpose of conserving energy by expanding and improving public mass

transportation systems and encouraging increased ridership as

alternatives to automobile travel.

(c) Recommendations in plan

Such plan shall include, but shall not be limited to -

(1) recommendations for emergency temporary grants to assist

States and local public bodies and agencies thereof in the

payment of operating expenses incurred in connection with the

provision of expanded mass transportation service in urban areas;

(2) recommendations for additional emergency assistance for the

purchase of buses and rolling stock for fixed rail, including the

feasibility of accelerating the timetable for such assistance

under section 142(a)(2) of title 23 for the purpose of providing

additional capacity for and encouraging increased use of public

mass transportation systems;

(3) recommendations for a program of demonstration projects to

determine the feasibility of fare-free and low-fare urban mass

transportation systems, including reduced rates for elderly and

handicapped persons during nonpeak hours of transportation;

(4) recommendations for additional emergency assistance for the

construction of fringe and transportation corridor parking

facilities to serve bus and other mass transportation passengers;

(5) recommendations on the feasibility of providing tax

incentives for persons who use public mass transportation

systems.

-SOURCE-

(Pub. L. 93-319, Sec. 8, June 22, 1974, 88 Stat. 260.)

-TRANS-

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.

-CITE-

15 USC Sec. 795 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16C - ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION

-HEAD-

Sec. 795. Report to Congress by January 31, 1975

-STATUTE-

The Administrator of the Environmental Protection Agency shall

report to Congress not later than January 31, 1975, on the

implementation of sections 3 through 7 of the Energy Supply and

Environmental Coordination Act of 1974.

-SOURCE-

(Pub. L. 93-319, Sec. 9, June 22, 1974, 88 Stat. 261.)

-REFTEXT-

REFERENCES IN TEXT

Sections 3 through 7 of the Energy Supply and Environmental

Coordination Act of 1974, referred to in text, are sections 3

through 7 of Pub. L. 93-319, June 22, 1974, 88 Stat. 248-260, which

sections enacted section 793 of this title and section 1857c-10 of

Title 42, The Public Health and Welfare, and amended sections

1857c-5, 1857c-8, 1857c-9, 1857d-1, 1857f-1, and 1857h-5 of Title

42. Section 1857c-10 of Title 42 was repealed by Pub. L. 95-95,

Sec. 112(b)(1). On enactment of Pub. L. 95-95, sections 1857c-5,

1857c-8, 1857c-9, 1857d-1, 1857f-1, and 1857h-5 were reclassified

to sections 7410, 7413, 7414, 7416, 7521, and 7607, respectively,

of Title 42.

-CITE-

15 USC Sec. 796 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16C - ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION

-HEAD-

Sec. 796. Reporting of energy information

-STATUTE-

(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.). (FOOTNOTE 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.

(FOOTNOTE 1) See References in Text note below.

(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 (FOOTNOTE 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 -

(FOOTNOTE 2) So in original. Probably should be ''employee''.

(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.), (FOOTNOTE 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.

(FOOTNOTE 3) See References in Text note below.

(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.), (FOOTNOTE 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.

(FOOTNOTE 4) See References in Text note below.

(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.

-SOURCE-

(Pub. L. 93-319, Sec. 11, June 22, 1974, 88 Stat. 262; Pub. L.

94-163, title V, Sec. 505(a), 506, Dec. 22, 1975, 89 Stat. 960;

Pub. L. 95-620, title VII, Sec. 762(d), Nov. 9, 1978, 92 Stat.

3346.)

-REFTEXT-

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.

-MISC2-

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.''

-TRANS-

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.

-SECREF-

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.

-CITE-

15 USC Sec. 797 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16C - ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION

-HEAD-

Sec. 797. Enforcement

-STATUTE-

(a) Violations

It shall be unlawful for any person to violate any provision of

section 792 of this title (relating to coal conversion and

allocation) or section 796 of this title (relating to energy

information) or to violate any rule, regulation, or order issued

pursuant to any such provision.

(b) Penalties; injunctions; declaratory judgments

(1) Whoever violates any provision of subsection (a) of this

section shall be subject to a civil penalty of not more than $2,500

for each violation.

(2) Whoever willfully violates any provision of subsection (a) of

this section shall be fined not more than $5,000 for each

violation.

(3) It shall be unlawful for any person to offer for sale or

distribute in commerce any coal in violation of an order or

regulation issued pursuant to section 792(d) of this title. Any

person who knowingly and willfully violates this paragraph after

having been subjected to a civil penalty for a prior violation of

the same provision of any order or regulation issued pursuant to

section 792(d) of this title shall be fined not more than $50,000,

or imprisoned not more than six months, or both.

(4) Whenever it appears to the Federal Energy Administrator or

any person authorized by the Federal Energy Administrator to

exercise authority under section 792 of this title or section 796

of this title that any individual or organization has engaged, is

engaged, or is about to engage in acts or practices constituting a

violation of subsection (a) of this section the Federal Energy

Administrator or such person may request the Attorney General to

bring a civil action to enjoin such acts or practices, and upon a

proper showing, a temporary restraining order or a preliminary or

permanent injunction shall be granted without bond. In such

action, the court may also issue mandatory injunctions commanding

any person to comply with any provision, the violation of which is

prohibited by subsection (a) of this section.

(5) Any person suffering legal wrong because of any act or

practice arising out of any violation of subsection (a) of this

section may bring a civil action for appropriate relief, including

an action for a declaratory judgment or writ of injunction. United

States district courts shall have jurisdiction of actions under

this paragraph without regard to the amount in controversy.

Nothing in this paragraph shall authorize any person to recover

damages.

-SOURCE-

(Pub. L. 93-319, Sec. 12, June 22, 1974, 88 Stat. 264.)

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 790 of this title; title

16 section 2643.

-CITE-

15 USC Sec. 798 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16C - ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION

-HEAD-

Sec. 798. Definitions

-STATUTE-

(a) For purposes of this chapter and the Clean Air Act (42 U.S.C.

7401 et seq.) the term ''Federal Energy Administrator'' means the

Administrator of the Federal Energy Administration established by

Federal Energy Administration Act of 1974 (15 U.S.C. 761 et seq.);

except that until such Administrator takes office and after such

Administration ceases to exist, such term means any officer of the

United States designated as Federal Energy Administrator by the

President for purposes of this chapter and section 119 (FOOTNOTE 1)

of the Clean Air Act (42 U.S.C. 1857c-10).

(FOOTNOTE 1) See References in Text note below.

(b) For purposes of this chapter, the term ''petroleum product''

means crude oil, residual fuel oil, or any refined petroleum

product (as defined in section 752(5) (FOOTNOTE 1) of this title).

-SOURCE-

(Pub. L. 93-319, Sec. 14, June 22, 1974, 88 Stat. 265.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (b), 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 Clean Air Act, referred to in subsec. (a), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 7401 of Title 42

and Tables.

Section 119 of the Clean Air Act (42 U.S.C. 1857c-10), referred

to in subsec. (a), was repealed by Pub. L. 95-95, Sec. 112(b)(1),

Aug. 7, 1977, 91 Stat. 709, which is set out as a Compliance Orders

note under section 792 of this title. A new section 119 of the

Clean Air Act was added by Pub. L. 95-95, Sec. 117(b), and is

classified to section 7419 of Title 42.

The Federal Energy Administration Act of 1974, referred to in

subsec. (a), is Pub. L. 93-275, May 7, 1974, 88 Stat. 96, as

amended, which is classified generally to chapter 16B (Sec. 761 et

seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 761 of this

title and Tables.

Section 752 of this title, referred to in subsec. (b), was

omitted from the Code pursuant to section 760g of this title, which

provided for the expiration of the President's authority under that

section on Sept. 30, 1981.

-TRANS-

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.

-CITE-