Page:United States Statutes at Large Volume 89.djvu/998

 89 STAT. 938

PUBLIC LAW 94-163—DEC. 22, 1975 GENERAL

Jurisdiction. 42 USC 6346.

15 USC 796. Post, p. 956.

Exemption.

PROVISIONS

SEC. 376. (a) The district courts of the United States shall have jurisdiction, upon petition, to issue an order to the chief executive officer of any corporation subject to the reporting requirements of section 3 7 5 (a), requiring such person to comply forthwith. F a i l u r e to obey such an order shall be treated by any such court as a contempt thereof. (b) I n addition to the exercise of authority under this part, the Administrator may exercise any authority he has under any provision of law (other than this part) to obtain such information with respect to industrial energy efficiency and industrial energy conservation as is necessary or appropriate to the attainment of the objectives of the program established under section 372. (c) The Administrator shall afford interested persons an opportunity to submit written and oral data, views, and arguments prior to the establishment of any industrial energy efficiency improvement target under section 374 and prior to publication of any reporting requirements under section 375. (d) Any information submitted by a corporation to the Administrator under this part shall not be considered energy information, as defined by section 11(e)(1) of the Energy Supply and Environmental Coordination Act of 1974, for purposes of any verification examination authorized to be conducted by the Comptroller General under section 501 of this Act. (e) The Administrator may not disclose any information obtained under this part which is a trade secret or other m a t t e r described in section 552(b)(4) of title 5, United States Code, disclosure of which may cause significant competitive d a m a g e; except to committees of Congress upon request of such committees. P r i o r to disclosing any information described in such section 5 5 2 (b)(4), the Administrator shall afford the person who provided such information an opportunity to comment on the proposed disclosure. (f) No liability shall attach, and no civil or criminal penalties may be imposed, for any failure to meet any industrial energy efficiency improvement target established under section 374 of this Act. (g)(1) The Administrator shall exempt a corporation from the requirements of section 375(a) if such corporation is in an industry which has an adequate voluntary reporting program, as determined by the Administrator annually after notice and opportunity for interested persons to comment. A n industry's voluntary reporting program shall be determined to be adequate only if— (A) each corporation within such industry which is identified under section 373 fully participates in such program; (B) all information deemed necessary by the Administrator for purposes of evaluating the progress made by such industry in achieving the industry energy efficiency improvement target set forth under section 374 is provided to the A d m i n i s t r a to r; and (C) reports made to a trade association or other person, in connection with such program, are retained for a reasonable period of time and are available to the Administrator. (2) I f the Administrator determines that an industry's voluntary reporting program is not adequate solely on the basis that any corporation within such industry is not fully participating in such program, he shall exempt from the requirements of section 375(a) only those corporations which fully participate in such program. (h) Nothing in this part shall limit the authority of the Administ r a to r to require reports of energy information under any other law.

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