§8374 Emergency Authorities

Summary

The President can order coal to be set aside and shipped to electric power plants or large fuel-burning sites when there is a declared severe energy interruption or when the President finds a big regional or national fuel shortage that is likely to last, is an emergency, could hurt health, safety, welfare, or the economy, and comes from a coal supply break, sabotage, or an act of God. Coal here means anthracite, bituminous, and lignite (not fuel derivatives). The President can also ban power plants from using natural gas or petroleum as their main fuel during a declared severe interruption, but any suspension of emissions limits needed because of that ban must follow section 7410(f). The President may pause rules that apply to new or existing power plants if an emergency from fuel shortages or transport problems threatens reliability. Orders last only as long as the interruption or emergency, or 90 days, whichever is shorter. The President can extend an order and must send the extension to Congress under section 6421; the order stays in effect during the 15-calendar-day congressional review. The President may not delegate the power to issue these orders, though agencies can be directed to carry them out. All orders must be published in the Federal Register, and the President should report to Congress before issuing one or no later than 5 days after issuing it, saying why.