
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC3391]

 
                      TITLE 15--COMMERCE AND TRADE
 
                     CHAPTER 60--NATURAL GAS POLICY
 
             SUBCHAPTER IV--NATURAL GAS CURTAILMENT POLICIES
 
Sec. 3391. Natural gas for essential agricultural uses


(a) General rule

    Not later than 120 days after November 9, 1978, the Secretary of 
Energy shall prescribe and make effective a rule, which may be amended 
from time to time, which provides that, notwithstanding any other 
provision of law (other than subsection (b) of this section) and to the 
maximum extent practicable, no curtailment plan of an interstate 
pipeline may provide for curtailment of deliveries of natural gas for 
any essential agricultural use, unless such curtailment--
        (1) does not reduce the quantity of natural gas delivered for 
    such use below the use requirement specified in subsection (c) of 
    this section; or
        (2) is necessary in order to meet the requirements of high-
    priority users.

(b) Curtailment priority not applicable if alternative fuel available

    If the Commission, in consultation with the Secretary of 
Agriculture, determines, by rule or order, that use of a fuel (other 
than natural gas) is economically practicable and that the fuel is 
reasonably available as an alternative for any agricultural use of 
natural gas, the provisions of subsection (a) of this section shall not 
apply with respect to any curtailment of deliveries for such use.

(c) Determination of essential agricultural use requirements

    The Secretary of Agriculture shall certify to the Secretary of 
Energy and the Commission the natural gas requirements (expressed either 
as volumes or percentages of use) of persons (or classes thereof) for 
essential agricultural uses in order to meet the requirements of full 
food and fiber production.

(d) Authority of Secretary of Agriculture to intervene

    The Secretary of Agriculture may intervene as a matter of right in 
any proceeding before the Commission which is conducted in connection 
with implementing the requirements of the rule prescribed under 
subsection (a) of this section.

(e) Limitation

    The Secretary of Agriculture may not exercise any authority under 
this section for the purpose of restricting the production of any crop.

(f) Definitions

    For purposes of this section--

                   (1) Essential agricultural use

        The term ``essential agricultural use'', when used with respect 
    to natural gas, means any use of natural gas--
            (A) for agricultural production, natural fiber production, 
        natural fiber processing, food processing, food quality 
        maintenance, irrigation pumping, crop drying, or
            (B) as a process fuel or feedstock in the production of 
        fertilizer, agricultural chemicals, animal feed, or food,

    which the Secretary of Agriculture determines is necessary for full 
    food and fiber production.

                       (2) High-priority user

        The term ``high-priority user'' means any person who--
            (A) uses natural gas in a residence;
            (B) uses natural gas in a commercial establishment in 
        amounts of less than 50 Mcf on a peak day;
            (C) uses natural gas in any school, hospital, or similar 
        institution; or
            (D) uses natural gas in any other use the curtailment of 
        which the Secretary of Energy determines would endanger life, 
        health, or maintenance of physical property.

(Pub. L. 95-621, title IV, Sec. 401, Nov. 9, 1978, 92 Stat. 3394.)

                  Section Referred to in Other Sections

    This section is referred to in sections 3391a, 3392, 3393 of this 
title.
