§3362 — Title 15 Commerce and Trade | U.S. Code

Summary

When a natural gas supply emergency is declared under section 3361, the President can let interstate pipelines or the local companies they serve buy emergency gas on terms the President sets, including fair prices. They may buy from two kinds of sellers: certain independent producers (not affiliated with the buyer) whose gas is not from the Outer Continental Shelf and was not being sold under a Natural Gas Act certificate right before the contract, or from intrastate pipelines, local gas companies, or other non‑interstate sellers. Each emergency contract can last no more than 4 months, but it can be renewed after it ends. The President can order pipelines to move the gas and to build or run needed facilities, and the buyer must pay those costs; pipelines cannot be forced to carry more than their capacity. The Commission must make sure full records are kept of volumes and prices. Any sale from an intrastate pipeline that was under court supervision on January 1, 1977, needs court approval.

Title 15, §3362

Commerce and Trade — Source: USLM XML via OLRC

(a)During any natural gas supply emergency declared under section 3361 of this title, the President may, by rule or order, authorize any interstate pipeline or local distribution company served by any interstate pipeline to contract, upon such terms and conditions as the President determines to be appropriate (including provisions respecting fair and equitable prices), for the purchase of emergency supplies of natural gas—

(1)from any producer of natural gas (other than a producer who is affiliated with the purchaser, as determined by the President) if—

(A)such natural gas is not produced from the Outer Continental Shelf; and

(B)the sale or transportation of such natural gas was not pursuant to a certificate issued under the Natural Gas Act [15 U.S.C. 717 et seq.] immediately before the date on which such contract was entered into; or

(2)from any intrastate pipeline, local distribution company, or other person (other than an interstate pipeline or a producer of natural gas).

(b)The duration of any contract authorized under subsection (a) may not exceed 4 months. The preceding sentence shall not prohibit the President from authorizing under subsection (a) a renewal of any contract, previously authorized under such subsection, following the expiration of such contract.

(c)The President may, by order, require any pipeline to transport natural gas, and to construct and operate such facilities for the transportation of natural gas, as he determines necessary to carry out any contract authorized under subsection (a). The costs of any construction or transportation ordered under this subsection shall be paid by the purchaser of natural gas under the contract with respect to which such order is issued. No order to transport natural gas under this subsection shall require any pipeline to transport natural gas in excess of such pipeline’s available capacity.

(d)The Commission shall require any interstate pipeline or local distribution company contracting under the authority of this section for natural gas to maintain and make available full and adequate records concerning transactions under this section, including records of the volumes of natural gas purchased under the authority of this section and the rates and charges for purchase and receipt of such natural gas.

(e)No sale under any emergency purchase contract under this section for emergency supplies of natural gas for sale and delivery from any intrastate pipeline which is operating under court supervision as of January 1, 1977, may take effect unless the court approves.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Natural Gas Act, referred to in subsec. (a)(1)(B), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to chapter 15B (§ 717 et seq.) of this title. For complete classification of this act to the Code, see section 717w of this title and Tables.

§3362 Emergency purchase authority

Summary

Title 15, §3362

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata