Page:United States Statutes at Large Volume 92 Part 3.djvu/540

 92 STAT. 3172

PUBLIC LAW 95-617—NOV. 9, 1978 (d) LIMITATIONS.—The President may specify in any order issued under this section the periods of time during which such order will be in effect and the quantity (or rate of use) of natural gas that may be burned by an electric powerplant or major fuel-burning installation during such period, including the b u r n i n g of natural gas by an electric powerplant to meet peak load requirements. No such order may continue in effect after the termination or expiration of such natural g a s supply emergency. (e) E X E M P T I O N FOR SECONDARY U S E S. — The P r e s i d e n t shall exempt

from any order issued under this section the b u r n i n g of natural gas for the necessary processes of ignition, s t a r t u p, testing, and flame stabilization by an electric powerplant or major fuel-burning installation. (f)

42 USC 1857h-l.

Post, p. 3292.

E X E M P T I O N FOR A I R - Q U A L I T Y EMERGENCIES.—The

President

shall exempt any electric powerplant or major fuel-burning installation in whole or in part, from any order issued under this section for such period and to such extent as the President determines necessary to alleviate any imminent and substantial endangerment to the health of persons within the meaning of section 303 of the Clean A i r Act. (g) L I M I T A T I O N ON I N J U N C T IV E R E L I E F. — (1) E x c e p t as provided in

paragraph (2), no court shall have jurisdiction to g r a n t any injunctive relief to stay or defer the implementation of any order issued under this section unless such relief is in connection with a final judgment entered with respect to such order. (2)(A) O n the petition of any person aggrieved by an order issued under this section, the United States District Court for the District of Columbia may, after an opportunity for a hearing before such court and on an appropriate showing, issue a preliminary injunction temporarily enjoining, in whole or in part, the implementation of such order. (B) For purposes of this paragraph, subpenas for witnesses who are required to attend the District Court for the District of Columbia may be served in any judicial district of the United States, except that no writ of subpena under the authority of this section shall issue for witnesses outside of the District of Columbia a t a greater distance than 100 miles from the place of holding court unless the permission of the District Court for the District of Columbia has been granted after proper application and cause shown. (h) DEFINITIONS. — For purposes of this section— (1) The terms "electric powerplant", "powerplant", "major fuel-burning installation", and "installation" shall have the same meanings as such terms have under section 103 of the Powerplant and Industrial Fuel Use Act of 1978. (2) The term "petroleum products" means crude oil, or any product derived from crude oil other than propane. (3) The term "high priority use" means any— (A) use of natural gas in a residence; (B) use of natural gas in a commercial establishment in amounts less than 50 Mcf on a peak d a y; or (C) any use of n a t u r a l gas the curtailment of which the President determines would endanger life, health, or maintenance of physical property. (4) The term "Mcf", when used with respect to natural gas, means 1,000 cubic feet of n a t u r a l gas measured a t a pressure of 14.73 pounds p e r square inch (absolute) and a temperature of 60 degrees Fahrenheit.

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