42 U.S.C. § 8374 : US Code - Section 8374: Emergency authorities

Search 42 U.S.C. § 8374 : US Code - Section 8374: Emergency authorities

(a) Coal allocation authority
(1) If the President -
(A) declares a severe energy supply interruption, as defined in
section 6202(8) of this title, or
(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 fuel-burning 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" means
anthracite 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 6202(8) of this title, 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 7410(d) (!1) of this
title, required by such prohibition shall be issued only in
accordance with section 7410(f) of this title.
(c) Emergency stays
The President may, by order, stay the application of any
provision of this chapter, 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
the President shall transmit to the Congress in accordance with
section 6421 of this title. 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 6421 of this title.
(4) For purposes of this subsection, the provisions of this
subsection supersede the provisions of subchapter II of chapter 34
of title 50.
(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 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.