
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8374]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 92--POWERPLANT AND INDUSTRIAL FUEL USE
 
      SUBCHAPTER IV--ADDITIONAL PROHIBITIONS; EMERGENCY AUTHORITIES
 
Sec. 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

    If the President declares a severe energy supply interruption, as 
defined in section 6202(8) of this title, the President may, by order, 
prohibit any electric powerplant or major fuel-burning installation from 
using natural gas or petroleum, or both, as a primary energy source for 
the duration of such interruption. Notwithstanding any other provision 
of this section, any suspension of emission limitations or other 
requirements of applicable implementation plans, as defined in section 
7410(d) \1\ of this title, required by such prohibition shall be issued 
only in accordance with section 7410(f) of this title.
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    \1\ See References in Text note below.
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(c) Emergency stays

    The President may, by order, stay the application of any provision 
of this chapter, or any rule or order thereunder, applicable to any new 
or existing electric powerplant, if the President finds, and publishes 
such finding, that an emergency exists, due to national, regional, or 
systemwide shortages of coal or other alternate fuels, or disruption of 
transportation facilities, which emergency is likely to affect 
reliability of service of any such electric powerplant.

(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

    The authority of the President to issue any order under this section 
may not be delegated. This subsection shall not be construed to prevent 
the President from directing any Federal agency to issue rules or 
regulations or take such other action, consistent with this section, in 
the implementation of such order.

(f) Publication and reports to Congress of orders

    Any order issued under this section shall be published in the 
Federal Register. To the greatest extent practicable, the President 
shall, before issuing any order under this section, but in no event 
later than 5 days after issuing such order, report to the Congress of 
his intention to issue such order and state his reasons therefor.

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

                       References in Text

    Section 7410(d) of this title, referred to in subsec. (b), was 
repealed by Pub. L. 101-549, title I, Sec. 101(d)(4), Nov. 15, 1990, 104 
Stat. 2409.
    Subchapter II (Sec. 1621 et seq.) of chapter 34 of title 50, 
referred to in subsec. (d)(4), was in the original ``title II of the Act 
of September 14, 1976 (Public Law 94-412)'', which is known as the 
National Emergencies Act.


                               Amendments

    1987--Subsec. (g). Pub. L. 100-42 struck out subsec. (g) which 
permitted use of natural gas or petroleum as primary energy source in 
peakload powerplant or major fuel-burning installation during temporary 
emergency condition (other than emergency conditions provided for under 
section 8302(a)(15) of this title).

                  Section Referred to in Other Sections

    This section is referred to in sections 8411, 8412, 8421, 8471 of 
this title.
