Page:United States Statutes at Large Volume 92 Part 3.djvu/764

 92 STAT. 3396

PUBLIC LAW 95-621—NOV. 9, 1978 (b) CURTAILMENT PRIORITY APPLICABLE O N L Y I F ALTERNATIVE F U E L

N O T AVAILABLE.—The provisions of subsection (a) shall apply with respect to any curtailment of deliveries for any essential industrial process or feedstock use only if the Commission determines that use of a fuel (other than n a t u r a l gas) is not economically practicable and that no fuel is reasonably available as a n alternative for such use. (c) DETERMINATION o r ESSENTLA.L INDUSTRIAL U S E REQUIREMENTS. —

The Secretary of Energy shall determine and certify to the Commission the n a t u r a l gas requirements (expressed either as volumes or percentages of use) of persons (or classes thereof) for essential industrial process and feedstock uses (other than those referred to in section 401 (f)(1)(B)). (d) DEFINITIONS. — For purposes of this section— (1) ESSENTIAL INDUSTRIAL PROCESS OR FEEDSTOCK USE.—The term

15 USC 3393. 42 USC 7101 note. 15 USC 717w.

15 USC 3394. 15 USC 717f.

"essential industrial process or feedstock use" means any use of n a t u r a l g a s i n a n industrial process or as a feedstock which the Secretary determines is essential. (2) HIGH-PRIORITY USER.—The term "high-priority user" has the same meaning as given such term in section 401(f)(2). SEC. 403. ESTABLISHMENT AND IMPLEMENTATION OF PRIORITIES. (a) ESTABLISHMENT OF PRIORITIES.—The Secretary of Energy shall prescribe the rules under sections 401 and 402 pursuant to his authority under the Department of Energy Organization Act to establish and review priorities for curtailments under the N a t u r a l Gas Act. ^IJ) IMPLEMENTATION OF PRIORITIES.—The Commission shall implement the rules prescribed under sections 401 and 402 pursuant to its authority under the Department of Energy Organization Act to establish, review, and enforce curtailments under the N a t u r a l G a s Act. SEC. 404. LIMITATION ON REVOKING OR AMENDING CERTAIN PRE1969 CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY. (a) GENERAL RULE. — The Commission may not, during the 10-year period beginning on the date of the enactment of this Act, revoke or amend any certificate of public convenience and necessity issued before January 1, 1969, under section 7 of the N a t u r a l Gas Act for the transportation of n a t u r a l gas owned by any electric utility except upon the application of the person to whom such certificate was issued. (b) COMMISSION CURTAILMENT AUTHORITY. — The limitation under

15 USC 717w.

subsection (a) shall not affect the authority of the Commission to enforce any curtailment of deliveries of n a t u r a l gas under the N a t u r a l Gas Act.

TITLE V—ADMINISTRATION, ENFORCEMENT, AND REVIEW 15 USC 3411.

SEC. 501. GENERAL RULEMAKING AUTHORITY. (a) IN GENERAL.—Except where expressly provided otherwise, the Commission shall administer this Act. The Commission, or any other Federal officer or agency in which any function under t h i s Act is vested or delegated, is authorized to perform any and all acts (including any appropriate enforcement activity), and to prescribe, issue, amend, and rescind such rules and orders as it may find necessary or appropriate to carry out its functions under this Act.

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