Page:United States Statutes at Large Volume 93.djvu/794

 93 STAT. 762

PUBLIC LAW 96-102—NOV. 5, 1979 SEC. 213. STANDBY FEDERAL CONSERVATION PLAN.

42 USC 8513.

(a) ESTABLISHMENT OF STANDBY CONSERVATON PLAN.—(1) Within 90 days after the date of the enactment of this part, the Secretary, in accordance with section 501 of the Department of Energy Organization Act (42 U.S.C. 7191), shall establish a standby Federal emergency conservation plan. The Secretary may amend such plan at any time, and shall make such amendments public upon their adoption. (2) The plan under this section shall be consistent with the attainment of the objectives of section 4(b)(1) of the Emergency Petroleum Allocation Act of 1973 (15 U.S.C. 753(b)(l)), and shall provide for the emergency reduction in the public and private use of each energy source for which an emergency conservation target is in effect or may be in effect under section 211. (b) IMPLEMENTATION OP STANDBY CONSERVATION PLAN.—(1) If the

President finds— (A) after a reasonable period of operation, but not less than 90 days, that a State emergency conservation plan approved and implemented under section 212 is not substantially meeting a conservation target established under section 211(a) for such State and it is likely that such target will continue to be unmet; and (B) a shortage exists or is likely to exist in such State for the 60day period beginning after such finding that is equal to or greater than 8 percent of the projected normal demand, as determined by the President, for £m energy source for which such conservation target has been established under section 211(a); then the President shall, after consultation with the Governor of such State, make effective in such State all or any part of the standby Federal conservation plan established under subsection (a) for such period or periods as the President determines appropriate to achieve the target in that State. (2) If the President finds after a reasonable period of time, that the conservation target established under section 211(a) is not being substantially met and it is likely that such target will continue to be unmet in a State which— (A) has no emergency conservation plan approved under section 212; or (B) the President finds has substantially failed to carry out the assurances regarding implementation set forth in the plan approved under section 212, then the President sheill, after consultation with the Governor of such State, make effective in such State all or any part of the standby Federal conservation plan established under subsection (a) for such period or periods as the President determines appropriate to achieve the target in that State. (c) BASIS FOR FINDINGS.—Any finding under subsection (b) shall be accompanied by such information and analysis as is necessary to provide a basis therefor and shall be available to the Congress and the public. (d) SUBMISSION OF STATE EMERGENCY CONSERVATION PLAN.—(1) The

Governor of a State in which all or any portion of the standby Federal conservation plan is or will be in effect may submit at any time a State emergency conservation plan, and if it is approved under section 212(c), all or such portion of the standby Federal conservation plan shall cease to be effective in that State. Nothing in this paragraph shall affect any action or pending proceedings, administrative or civil, not finally determined on such date, nor any administrative or civil action or proceeding, whether or not pending, based

�