Page:United States Statutes at Large Volume 92 Part 3.djvu/753

 PUBLIC LAW 95-621—NOV. 9, 1978

92 STAT. 3385

the relative availability of alternative fuel to natural gas users supplied by the interstate pipeline ordered to make deliveries pursuant to this subsection. (d) AixocATiON OF U S E R - O W N E D G A S. —

(1) REQUIRED FINDING.—The President shall not allocate supplies of natural gas under this subsection unless he finds that— (A) to the maximum extent practicable, allocation of supplies of natural gas under subsection (c) has been utilized to assist i n meeting natural gas requirements for high-priority uses of natural g a s; (B) the exercise of such authority is not likely to satisfy the n a t u r a l gas requirements for such high-priority uses; (C) the exercise of authority under this subsection is reasonably necessary to assist in meeting natural gas requirements for such high-priority uses; (D) any interstate pipeline or local distribution company receiving such natural gas has ordered the termination of all deliveries of natural gas for other than high-priority uses and attempted to the maximum extent practicable to terminate such deliveries; and (E) such allocation will not create, for the person who owns and would otherwise use such natural gas, a supply shortage which will cause such person to be unable to satisfy such person's natural gas requirements for high-priority uses. (2) ALLOCATION AUTHORITY.—Subject to paragraph s (1)

and

(3), i n order to assist in meeting natural gas requirements for high-priority uses of natural gas, the President may, by order, allocate supplies of natural gas which would be certificated natural gas but for the second sentence of section 2 (19). (3) CONSIDERATION OF ECONOMIC FEASIBILITY OF ALTERNATIVE

FUELS.—In issuing any order under this subsection, the President shall consider the economic feasibility of alternative fuels available to the user which owned the natural gas subject to an order under this subsection. (e) LIMITATION.—No order may be issued under this section unless the President determines that such order will not require transportation of natural gas by any pipeline in excess of its available transportation capacity. (f) INDUSTRY ASSISTANCE.—The President may request that representatives of pipelines, local distribution companies, and other persons meet and provide assistance to the President in carrying out his authority under this section. (g) COMPENSATION.—

(1) IN GENERAL.—If the parties to any order issued under subsection (b), (c), (d), or (h) fail to agree upon the terms of compensation for natural gas deliveries or transportation required pursuant to such order, the President, after a hearing held either before or after such order takes effect, shall, by supplemental order, prescribe the amount of compensation to be paid for such deliveries or transportation and for any other expenses incurred in delivering or transporting natural gas. (2) CALCULATION OF COMPENSATION FOR CERTAIN BOILER FUEL

NATURAL GAS.—For purposes of any supplemental order under paragraph (1) with respect to emergency deliveries pursuant to subsection (b), the President shall calculate the amount of compensation— (A) for supplies of natural gas based upon the amount required to make whole the user subject to the prohibition

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