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

Summary

Requires the Federal Energy Administrator to collect and publish reliable energy data so the Administrator, Congress, the States, and the public can make energy policy and carry out this law and the Emergency Petroleum Allocation Act of 1973. The Administrator must make rules so reports are sent at least every 90 calendar days. To get information, the Administrator can require reports from companies that produce, process, refine, move by pipeline, or distribute energy (not retail). The Administrator can issue subpoenas for witnesses and documents, demand written answers under oath, administer oaths, enter and inspect business sites, take samples, and copy records. If someone refuses a subpoena or order, the Attorney General can ask a federal court to enforce it and punish contempt. Within 30 days after June 22, 1974, the Administrator must develop a practical measure of domestic reserves, production, imports, and inventories. Starting with the first full calendar quarter after June 22, 1974, the Administrator must publish quarterly reports covering imports (by product with country of origin, arrival point, quantity, and U.S. distribution), domestic reserves and production, detailed refinery activity (crude run, crude allocated, percent capacity used, and products made), and inventories at national, regional, and State levels (including supplies, deliveries, forecasts, market shares, and LPG storage). Crude oil and natural gas producers must keep records using set accounting rules and file reports. Trade secrets given to the Administrator are kept confidential under federal law but can be shared with certain government agencies or Congress when needed. "Energy information," "person," and "United States" are defined in the law. Collected information is available to the public under the Freedom of Information Act, and these powers are in addition to any other authority the Administrator has.

Title 15, §796

Commerce and Trade — Source: USLM XML via OLRC

(a)For the purpose of assuring that the Federal Energy Administrator, the Congress, the States, and the public have access to and are able to obtain reliable energy information, the Federal Energy Administrator shall request, acquire, and collect such energy information as he determines to be necessary to assist in the formulation of energy policy or to carry out the purposes of this chapter or the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 et seq.].11 See References in Text note below. The Federal Energy Administrator shall promptly promulgate rules pursuant to subsection (b)(1)(A) of this section requiring reports of such information to be submitted to the Federal Energy Administrator at least every ninety calendar days.

(b)(1)In order to obtain energy information for the purpose of carrying out the provisions of subsection (a), the Federal Energy Administrator is authorized—

(A)to require, by rule, any person who is engaged in the production, processing, refining, transportation by pipeline, or distribution (at other than the retail level) of energy resources to submit reports;

(B)to sign and issue subpenas for the attendance and testimony of witnesses and the production of books, records, papers, and other documents;

(C)to require any person, by general or special order, to submit answers in writing to interrogatories, requests for reports or for other information; and such answers or other submissions shall be made within such reasonable period, and under oath or otherwise, as the Federal Energy Administrator may determine; and

(D)to administer oaths.

(2)For the purpose of verifying the accuracy of any energy information requested, acquired, or collected by the Federal Energy Administrator, the Federal Energy Administrator, or any officer or employer 22 So in original. Probably should be “employee”. duly designated by him, upon presenting appropriate credentials and a written notice from the Federal Energy Administrator to the owner, operator, or agent in charge, may—

(A)enter, at reasonable times, any business premise or facility; and

(B)inspect, at reasonable times and in a reasonable manner, any such premise or facility, inventory and sample any stock of energy resources therein, and examine and copy books, records, papers, or other documents, relating to any such energy information.

(3)Any United States district court within the jurisdiction of which any inquiry is carried on may, upon petition by the Attorney General at the request of the Federal Energy Administrator, in the case of refusal to obey a subpena or order of the Federal Energy Administrator issued under this section, issue an order requiring compliance therewith; and any failure to obey the order of the court may be punished by the court as a contempt thereof.

(c)(1)The Federal Energy Administrator shall exercise the authorities granted to him under subsection (b)(1)(A) to develop, within thirty days after June 22, 1974, as full and accurate a measure as is reasonably practicable of—

(A)domestic reserves and production;

(B)imports; and

(C)inventories;

(2)For each calendar quarter beginning with the first complete calendar quarter following June 22, 1974, the Federal Energy Administrator shall develop and publish a report containing the following energy information:

(A)Imports of crude oil, residual fuel oil, refined petroleum products (by product), natural gas, and coal, identifying (with respect to each such oil, product, gas, or coal) country of origin, arrival point, quantity received, and the geographic distribution within the United States.

(B)Domestic reserves and production of crude oil, natural gas, and coal.

(C)Refinery activities, showing for each refinery within the United States (i) the amounts of crude oil run by such refinery, (ii) amounts of crude oil allocated to such refinery pursuant to regulations and orders of the Federal Energy Administrator, his delegate pursuant to the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 et seq.],1 or any other person authorized by law to issue regulations and orders with respect to the allocation of crude oil, (iii) percentage of refinery capacity utilized, and (iv) amounts of products refined from such crude oil.

(D)Report of inventories, on a national, regional, and State-by-State basis—

(i)of various refined petroleum products, related refiners, refineries, suppliers to refiners, share of market, and allocation fractions;

(ii)of various refined petroleum products, previous quarter deliveries and anticipated three-month available supplies;

(iii)of anticipated monthly supply of refined petroleum products, amount of set-aside for assignment by the State, anticipated State requirements, excess or shortfall of supply, and allocation fraction of base year; and

(iv)of LPG by State and owner: quantities stored, and existing capacities, and previous priorities on types, inventories of suppliers, and changes in supplier inventories.

(3)In order to carry out his responsibilities under subsection (a) of this section, the Federal Energy Administrator shall require, pursuant to subsection (b)(1)(A) of this section, that persons engaged, in whole or in part, in the production of crude oil or natural gas—

(A)keep energy information in accordance with the accounting practices developed pursuant to section 503 of the Energy Policy and Conservation Act [42 U.S.C. 6383], and

(B)submit reports with respect to energy information kept in accordance with such practices.

(d)Upon a showing satisfactory to the Federal Energy Administrator by any person that any energy information obtained under this section from such person would, if made public, divulge methods or processes entitled to protection as trade secrets or other proprietary information of such person, such information, or portion thereof, shall be confidential in accordance with the provisions of section 1905 of title 18; except that such information, or part thereof, shall not be deemed confidential for purposes of disclosure, upon request, to (1) any delegate of the Federal Energy Administrator for the purpose of carrying out this chapter and the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 et seq.],1 (2) the Attorney General, the Secretary of the Interior, the Federal Trade Commission, the Federal Power Commission, or the Government Accountability Office, when necessary to carry out those agencies’ duties and responsibilities under this and other statutes, and (3) the Congress, or any committee of Congress upon request of the Chairman.

(e)As used in this section:

(1)The term “energy information” includes (A) all information in whatever form on (i) fuel reserves, exploration, extraction, and energy resources (including petrochemical feedstocks) wherever located; (ii) production, distribution, and consumption of energy and fuels wherever carried on; and (B) matters relating to energy and fuels, such as corporate structure and proprietary relationships, costs, prices, capital investment, and assets, and other matters directly related thereto, wherever they exist.

(2)The term “person” means any natural person, corporation, partnership, association, consortium, or any entity organized for a common business purpose, wherever situated, domiciled, or doing business, who directly or through other persons subject to their control does business in any part of the United States.

(3)The term “United States” when used in the geographical sense means the States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States.

(f)Information obtained by the Administration under authority of this chapter shall be available to the public in accordance with the provisions of section 552 of title 5.

(g)The authority contained in this section is in addition to, independent of, not limited by, and not in limitation of, any other authority of the Federal Energy Administrator.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 93–319. For complete classification of this Act to the Code, see

Short Title

note set out under section 791 of this title and Tables. The Emergency Petroleum Allocation Act of 1973, referred to in subsecs. (a), (c)(2)(C), and (d), is Pub. L. 93–159, Nov. 27, 1973, 87 Stat. 628, which was classified generally to chapter 16A (§ 751 et seq.) of this title, was omitted from the Code pursuant to section 760g of this title, which provided for the expiration of the President’s authority under that chapter on Sept. 30, 1981.

Amendments

2004—Subsec. (d). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”. 1978—Subsec. (g). Pub. L. 95–620 struck out provisions comprising par. (2) relating to termination of this section at midnight, Dec. 31, 1979, and designated remaining provisions as subsec. (g). 1975—Subsec. (c)(3). Pub. L. 94–163, § 505(a), added par. (3). Subsec. (g)(2). Pub. L. 94–163, § 506, substituted “

December 31, 1979” for “

June 30, 1975” in two places.

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–620 effective 180 days after Nov. 9, 1978, see section 901 of Pub. L. 95–620, set out as an

Effective Date

note under section 8301 of Title 42, The Public Health and Welfare.

Effective Date

of 1975 Amendment Pub. L. 94–163, title V, § 505(b), Dec. 22, 1975, 89 Stat. 960, provided that: “The amendment made by subsection (a) to section 11(c) of the Energy Supply and Environmental Coordination Act of 1974 [subsec. (c) of this section] shall take effect on the first day of the first accounting quarter to which such practices apply.”

Transfer of Functions

Federal Energy Administration terminated and functions vested by law in Administrator thereof transferred to Secretary of Energy (unless otherwise specifically provided) by section 7151(a) and 7293 of Title 42, The Public Health and Welfare. The Federal Power Commission was terminated and its functions, personnel, property, funds, etc., were transferred to Secretary of Energy (except for certain functions transferred to the Federal Energy Regulatory Commission) by section 7151(b), 7171(a), 7172(a)(1), 7291, and 7293 of Title 42.

§796 Reporting of energy information

Summary

Title 15, §796

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Transfer of Functions

Citations & Metadata