(a) Presidential declarationThe President may declare a natural gas supply emergency (or extend a previously declared emergency) if he finds that—
(1)
a severe
natural gas shortage, endangering the supply of
natural gas for high-priority uses, exists or is imminent in the United
States or in any region thereof; and
(2)
the exercise of authorities under this section is reasonably necessary, having exhausted other alternatives (not including
section 3363 of this title) to the maximum extent practicable, to assist in meeting
natural gas requirements for such high-priority uses.
(b) Limitation
(1) Any declaration of a natural gas supply emergency (or extension thereof) under subsection (a), shall terminate at the earlier of—
(A)
the date on which the President finds that any shortage described in subsection (a) does not exist or is not imminent; or
(B)
120 days after the date of such declaration of emergency (or extension thereof).
(2)
Nothing in this subsection shall prohibit the President from extending, under subsection (a), any emergency (or extension thereof) previously declared under subsection (a), upon the expiration of such declaration of emergency (or extension thereof) under paragraph (1)(B).
(g) Limitation on injunctive relief
(1)
Except as provided in paragraph (2), no court shall have jurisdiction to grant any injunctive relief to stay or defer the implementation of any order issued under this section unless such relief is in connection with a final judgment entered with respect to such order.
(2)
(A)
On the petition of any
person aggrieved by an order issued under this section, the United
States District Court for the District of Columbia may, after an opportunity for a hearing before such court and on an appropriate showing, issue a preliminary injunction temporarily enjoining, in whole or in part, the implementation of such order.
(B)
For purposes of this paragraph, subpenas for witnesses who are required to attend the District Court for the District of Columbia may be served in any judicial district of the United
States, except that no writ of subpena under the authority of this section shall issue for witnesses outside of the District of Columbia at a greater distance than 100 miles from the place of holding court unless the permission of the District Court for the District of Columbia has been granted after proper application and cause shown.
(h) DefinitionsFor purposes of this section—
(2)
The term “
petroleum products” means crude oil, or any product derived from crude oil other than propane.
(3) The term “high priority use” means any—
(B)
use of
natural gas in a commercial establishment in amounts less than 50
Mcf on a peak day; or
(C)
any use of
natural gas the curtailment of which the President determines would endanger life, health, or maintenance of physical property.
(4)
The term “
Mcf”, when used with respect to
natural gas, means 1,000 cubic feet of
natural gas measured at a pressure of 14.73 pounds per square inch (absolute) and a temperature of 60 degrees Fahrenheit.
(i) Use of general terms
In applying the provisions of this section in the case of natural gas subject to a prohibition order issued under this section, the term “petroleum products” (as defined in subsection (h)(2) of this section) shall be substituted for the term “heavy petroleum fuel oil” (as defined in section 717y(e)(7) of this title) if the person subject to any order under this section demonstrates to the Commission that the acquisition and use of heavy petroleum fuel oil is not technically or economically feasible.
Delegation of Functions
Functions of President under this section, except for authority to declare, extend, and terminate a natural gas supply emergency pursuant to subsecs. (a) and (b) of this section, delegated to Secretary of Energy, see section 1–102 of Ex. Ord. No. 12235, Sept. 3, 1980, 45 F.R. 58803, set out as a note under section 3364 of this title.
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