15 Usc 3393

§ 3393

TITLE 15—COMMERCE AND TRADE

(b) Curtailment priority applicable only if alternative fuel not available
The provisions of subsection (a) shall apply
with respect to any curtailment of deliveries for
any essential industrial process or feedstock use
only if the Commission determines that use of a
fuel (other than natural gas) is not economically
practicable and that no fuel is reasonably available as an alternative for such use.
(c) Determination of essential industrial use requirements
The Secretary of Energy shall determine and
certify to the Commission the natural gas requirements (expressed either as volumes or percentages of use) of persons (or classes thereof)
for essential industrial process and feedstock
uses (other than those referred to in section
3391(f)(1)(B) of this title).
(d) Definitions
For purposes of this section—
(1) Essential industrial process or feedstock
use
The term ‘‘essential industrial process or
feedstock use’’ means any use of natural gas in
an industrial process or as a feedstock which
the Secretary determines is essential.
(2) High-priority user
The term ‘‘high-priority user’’ has the same
meaning as given such term in section
3391(f)(2) of this title.
(Pub. L. 95–621, title IV, § 402, Nov. 9, 1978, 92
Stat. 3395.)
§ 3393. Establishment and implementation of priorities
(a) Establishment of priorities
The Secretary of Energy shall prescribe the
rules under sections 3391 and 3392 of this title
pursuant to his authority under the Department
of Energy Organization Act [42 U.S.C 7101 et
seq.] to establish and review priorities for curtailments under the Natural Gas Act [15 U.S.C.
717 et seq.].
(b) Implementation of priorities
The Commission shall implement the rules
prescribed under sections 3391 and 3392 of this
title pursuant to its authority under the Department of Energy Organization Act [42 U.S.C. 7101
et seq.] to establish, review, and enforce curtailments under the Natural Gas Act [15 U.S.C. 717
et seq.].
(Pub. L. 95–621, title IV, § 403, Nov. 9, 1978, 92
Stat. 3396.)
REFERENCES IN TEXT
The Department of Energy Organization Act, referred
to in subsecs. (a) and (b), is Pub. L. 95–91, Aug. 4, 1977,
91 Stat. 565, as amended, which is classified principally
to chapter 84 (§ 7101 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 7101 of Title 42 and Tables.
The Natural Gas Act, referred to in subsecs. (a) and
(b), is act June 21, 1938, ch. 556, 52 Stat. 821, as amended,
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.

Page 1844

§ 3394. Limitation on revoking or amending certain pre-1969 certificates of public convenience and necessity
(a) General rule
The Commission may not, during the 10-year
period beginning on November 9, 1978, revoke or
amend any certificate of public convenience and
necessity issued before January 1, 1969, under
section 7 of the Natural Gas Act [15 U.S.C. 717f]
for the transportation of natural gas owned by
any electric utility except upon the application
of the person to whom such certificate was issued.
(b) Commission curtailment authority
The limitation under subsection (a) shall not
affect the authority of the Commission to enforce any curtailment of deliveries of natural
gas under the Natural Gas Act [15 U.S.C. 717 et
seq.].
(Pub. L. 95–621, title IV, § 404, Nov. 9, 1978, 92
Stat. 3396.)
REFERENCES IN TEXT
The Natural Gas Act, referred to in subsec. (b), is act
June 21, 1938, ch. 556, 52 Stat. 821, as amended, 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.

SUBCHAPTER V—ADMINISTRATION,
ENFORCEMENT, AND REVIEW
§ 3411. General rulemaking authority
(a) In general
Except where expressly provided otherwise,
the Commission shall administer this chapter.
The Commission, or any other Federal officer or
agency in which any function under this chapter
is vested or delegated, is authorized to perform
any and all acts (including any appropriate enforcement activity), and to prescribe, issue,
amend, and rescind such rules and orders as it
may find necessary or appropriate to carry out
its functions under this chapter.
(b) Authority to define terms
Except where otherwise expressly provided,
the Commission is authorized to define, by rule,
accounting, technical, and trade terms used in
this chapter. Any such definition shall be consistent with the definitions set forth in this
chapter.
(Pub. L. 95–621, title V, § 501, Nov. 9, 1978, 92 Stat.
3396; Pub. L. 101–60, § 3(b)(4), July 26, 1989, 103
Stat. 159.)
AMENDMENTS
1989—Subsec. (c). Pub. L. 101–60 struck out subsec. (c)
which authorized Commission to delegate to any State
agency (with consent of such agency) any of its functions with respect to sections 3315, 3316(b), and
3319(a)(1) and (3) of this title.
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by Pub. L. 101–60 effective Jan. 1, 1993,
see section 3(b) of Pub. L. 101–60, set out as a note under
section 3372 of this title.

§ 3412. Administrative procedure
(a) Administrative Procedure Act
Subject to subsection (b), the provisions of
subchapter II of chapter 5 of title 5 shall apply