Collapse to view only § 3393. Establishment and implementation of priorities
- § 3391. Natural gas for essential agricultural uses
- § 3391a. “Essential agricultural use” defined
- § 3392. Natural gas for essential industrial process and feedstock uses
- § 3393. Establishment and implementation of priorities
- § 3394. Limitation on revoking or amending certain pre-1969 certificates of public convenience and necessity
§ 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)) 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); or
(2) is necessary in order to meet the requirements of high-priority users.
(b) Curtailment priority not applicable if alternative fuel available
(c) Determination of essential agricultural use requirements
(d) Authority of Secretary of Agriculture to intervene
(e) Limitation
(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, § 401, Nov. 9, 1978, 92 Stat. 3394.)
§ 3391a. “Essential agricultural use” defined
For the purposes of section 3391 of this title, the term “essential agricultural use” shall—
(1) include use of natural gas in sugar refining for production of alcohol;
(2) include use of natural gas for agricultural production on set-aside acreage or acreage diverted from the production of a commodity (as provided under the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.]) to be devoted to the production of any commodity for conversion into alcohol or hydrocarbons for use as motor fuel or other fuels; and
(3) for the 5-year period beginning on June 30, 1980, include use of natural gas in the distillation of fuel-grade alcohol from food grains or other biomass by facilities in existence on June 30, 1980, which do not have the installed capability to burn coal lawfully.
(Pub. L. 96–294, title II, § 273, June 30, 1980, 94 Stat. 711.)
§ 3392. Natural gas for essential industrial process and feedstock uses
(a) General rule
The Secretary of Energy shall prescribe and make effective a rule which provides that, notwithstanding any other provision of law (other than subsection (b)) and to the maximum extent practicable, no interstate pipeline may curtail deliveries of natural gas for any essential industrial process or feedstock 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);
(2) is necessary in order to meet the requirements of high-priority users; or
(3) is necessary in order to meet the requirements for essential agricultural uses of natural gas for which curtailment priority is established under section 3391 of this title.
(b) Curtailment priority applicable only if alternative fuel not available
(c) Determination of essential industrial use requirements
(d) Definitions
For purposes of this section—
(1) Essential industrial process or feedstock use
(2) High-priority user
(Pub. L. 95–621, title IV, § 402, Nov. 9, 1978, 92 Stat. 3395.)
§ 3393. Establishment and implementation of priorities
(a) Establishment of priorities
(b) Implementation of priorities
(Pub. L. 95–621, title IV, § 403, Nov. 9, 1978, 92 Stat. 3396.)
§ 3394. Limitation on revoking or amending certain pre-1969 certificates of public convenience and necessity
(a) General rule
(b) Commission curtailment authority
(Pub. L. 95–621, title IV, § 404, Nov. 9, 1978, 92 Stat. 3396.)