15 U.S.C. § 3362

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)
Section 3362 - Emergency purchase authority
(a) Presidential authorization

During any natural gas supply emergency declared under section 3361 of this title, the President may, by rule or order, authorize any interstate pipeline or local distribution company served by any interstate pipeline to contract, upon such terms and conditions as the President determines to be appropriate (including provisions respecting fair and equitable prices), for the purchase of emergency supplies of natural gas-

(1) from any producer of natural gas (other than a producer who is affiliated with the purchaser, as determined by the President) if-
(A) such natural gas is not produced from the Outer Continental Shelf; and
(B) the sale or transportation of such natural gas was not pursuant to a certificate issued under the Natural Gas Act [ 15 U.S.C. 717 et seq.] immediately before the date on which such contract was entered into; or
(2) from any intrastate pipeline, local distribution company, or other person (other than an interstate pipeline or a producer of natural gas).
(b) Contract duration

The duration of any contract authorized under subsection (a) may not exceed 4 months. The preceding sentence shall not prohibit the President from authorizing under subsection (a) a renewal of any contract, previously authorized under such subsection, following the expiration of such contract.

(c) Related transportation and facilities

The President may, by order, require any pipeline to transport natural gas, and to construct and operate such facilities for the transportation of natural gas, as he determines necessary to carry out any contract authorized under subsection (a). The costs of any construction or transportation ordered under this subsection shall be paid by the purchaser of natural gas under the contract with respect to which such order is issued. No order to transport natural gas under this subsection shall require any pipeline to transport natural gas in excess of such pipeline's available capacity.

(d) Maintenance of adequate records

The Commission shall require any interstate pipeline or local distribution company contracting under the authority of this section for natural gas to maintain and make available full and adequate records concerning transactions under this section, including records of the volumes of natural gas purchased under the authority of this section and the rates and charges for purchase and receipt of such natural gas.

(e) Special limitation

No sale under any emergency purchase contract under this section for emergency supplies of natural gas for sale and delivery from any intrastate pipeline which is operating under court supervision as of January 1, 1977, may take effect unless the court approves.

15 U.S.C. § 3362

Pub. L. 95-621, title III, §302, Nov. 9, 1978, 92 Stat. 3382.

EDITORIAL NOTES

REFERENCES IN TEXTThe Natural Gas Act, referred to in subsec. (a)(1)(B), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to chapter 15B (§717 et seq.) of this title. For complete classification of this act to the Code, see section 717w of this title and Tables.

Commission
The term "Commission" means the Federal Energy Regulatory Commission.
interstate pipeline
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 U.S.C. 717 et seq.].
intrastate pipeline
The term "intrastate pipeline" means any person engaged in natural gas transportation (not including gathering) which is not subject to the jurisdiction of the Commission under the Natural Gas Act [ 15 U.S.C. 717 et seq.] (other than any such pipeline which is not subject to the jurisdiction of the Commission solely by reason of section 1(c) of the Natural Gas Act [ 15 U.S.C. 717(c) ]).
local distribution company
The term "local distribution company" means any person, other than any interstate pipeline or any intrastate pipeline, engaged in the transportation, or local distribution, of natural gas and the sale of natural gas for ultimate consumption.
natural gas
The term "natural gas" means either natural gas unmixed, or any mixture of natural and artificial gas.
person
The term "person" includes the United States, any State, and any political subdivision, agency, or instrumentality of the foregoing.
sale
The term "sale" means any sale, exchange, or other transfer for value.