Page:United States Statutes at Large Volume 91.djvu/39

 PUBLIC LAW 95-2—FEB. 2, 1977

91 STAT. 5

EMERGENCY DELIVERIES AXD TRANSPORTATION OF NATURAL GAS

SEC. 4. (a)(1) If the President finds it necessary to assist in meeting the requirements for high-priority uses of natural gas (including siiort-term storage replenishment or injection for protection of highpriority uses), on the basis of a notification by the Governor of any State pursuant to subsection (c) or on the basis of other information available to the President, the President may, during a natural gas emergency declared under section 3, by order, require— (A) any interstate pipeline to make emergency deliveries of, or to transj^ort, interstate natural gas to any other interstate pipeline or to any local distribution company served by an interstate pipeline for purposes of meeting such requirements; (B) any intrastate pipeline to transport interstate natural gas from any interstate pipeline to another interstate pipeline or to any local distribution company served by an interstate pipeline for purposes of meeting such requirements; or (C) the construction and operation by any pipeline of any facilities necessary to effect such deliveries or transportation. N^o such delivery or transportation may continue after April 30, 1977, or after the President terminates the emergency declared under section 3, whichever is earlier. (2) No order may be issued under this subsection unless the President determines that such order will not— (A) create for the interstate pipeline delivering interstate natural gas a supply shortage which will cause such pipeline to be unable to meet the requirements for high-priority uses served, directly or indirectly, by such pipeline; (B) result in a disproportionate share of deliveries or curtailments of natural gas experienced by such interstate pipeline when compared to deliveries and resulting curtailments which are experienced as a result of orders applicable to other interstate pipelines (as determined by the President); and (C) require transportation of natural gas by any pipeline in excess of its available transportation capacity. (3) In issuing such order the President shall also consider the relative availability of alternative fuel to users of the interstate pipeline ordered to make deliveries pursuant to this section. (b) Compliance by any pipeline with an order issued under subsection (a) shall not subject such pipeline to regulation under the Natural Gas Act (15 U.S.C. 717 et seq.) or to regulation as a common carrier under any provision of State or Federal law. No action required to be taken under an order issued under subsection (a) shall be subject to any provision of the Natural Gas Act and any such order shall supersede any provision of a certification, or other requirement, under the Natural Gas Act which is inconsistent with such order. (c)(1) The Governor of any State may notify the President of any finding by such Governor that a shortage of natural gas within such State, endangering the supply of natural gas for high-priority uses, exists or is imminent and that the State, and agencies and instrumentalities thereof, have exercised their authority to the fullest extent practicable and reasonable under the circumstances to overcome such shortage. (2) The Governor shall submit, together with any notification under paragraph (1), information upon which he has based his finding under such paragraph, including— (A) volumes of natural gas required to meet the requirements for high-priority uses in such State;

15 USC 717 note.

Requirements for delivery by interstate or intrastate pipelines.

Order, restrictions.

Alternative fuel, availability.

Notification of shortage by State Governor.

�