42 USC 8374 - Emergency authorities

U.S Code last checked for updates: May 18, 2024

§ 8374.

Emergency authorities

(a)

Coal allocation authority

(1)

If the President—

(A)

declares a severe energy supply interruption, as defined in section 6202(8) of this title, or

(B)

finds, and publishes such finding, that a national or regional fuel supply shortage exists or may exist which the President determines—

(i)

is, or is likely to be, of significant scope and duration, and of an emergency nature;

(ii)

causes, or may cause, major adverse impact on public health, safety, or welfare or on the economy; and

(iii)

results, or is likely to result, from an interruption in the supply of coal or from sabotage, or an act of God;

the President may, by order, allocate coal (and require the transportation thereof) for the use of any electric powerplant or major fuel-burning installation, in accordance with such terms and conditions as he may prescribe, to insure reliability of electric service or prevent unemployment, or protect public health, safety, or welfare.

(2)

For purposes of this subsection, the term “coal” means anthracite and bituminous coal and lignite (but does not mean any fuel derivative thereof).

(b)

Emergency prohibition on use of natural gas or petroleum

(c)

Emergency stays

(d)

Duration of emergency orders

(1)

Except as provided in paragraph (3), any order issued by the President under this section shall not be effective for longer than the duration of the interruption or emergency, or 90 days, whichever is less.

(2)

Any such order may be extended by a subsequent order which the President shall transmit to the Congress in accordance with section 6421 of this title. Such order shall be subject to congressional review pursuant to such section.

(3)

Notwithstanding paragraph (1), the effectiveness of any order issued under this section shall not terminate under this subsection during the 15-calendar-day period during which any such subsequent order described in paragraph (2) is subject to congressional review under section 6421 of this title.

(4)

For purposes of this subsection, the provisions of this subsection supersede the provisions of subchapter II of chapter 34 of title 50.

(e)

Delegation of authority prohibited

(f)

Publication and reports to Congress of orders

(Pub. L. 95–620, title IV, § 404, Nov. 9, 1978, 92 Stat. 3319; Pub. L. 100–42, § 1(c)(15), May 21, 1987, 101 Stat. 313.)

cite as: 42 USC 8374