U.S. Code » Title 15 » Chapter CHAPTER 60— NATURAL GAS POLICY › Subchapter SUBCHAPTER IV— NATURAL GAS CURTAILMENT POLICIES

15 U.S.C. § 3391

Natural gas for essential agricultural uses

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(a) General ruleNot later than 120 days after November 9, 1978, the Secretary of Energy shall prescribe and make effective a rule, which may be amended from time to time, which provides that, notwithstanding any other provision of law (other than subsection (b)) and to the maximum extent practicable, no curtailment plan of an interstate pipeline may provide for curtailment of deliveries of natural gas for any essential agricultural use, unless such curtailment—(1) does not reduce the quantity of natural gas delivered for such use below the use requirement specified in subsection (c); or(2) is necessary in order to meet the requirements of high-priority users.(b) Curtailment priority not applicable if alternative fuel available

If the Commission, in consultation with the Secretary of Agriculture, determines, by rule or order, that use of a fuel (other than natural gas) is economically practicable and that the fuel is reasonably available as an alternative for any agricultural use of natural gas, the provisions of subsection (a) shall not apply with respect to any curtailment of deliveries for such use.

(c) Determination of essential agricultural use requirements

The Secretary of Agriculture shall certify to the Secretary of Energy and the Commission the natural gas requirements (expressed either as volumes or percentages of use) of persons (or classes thereof) for essential agricultural uses in order to meet the requirements of full food and fiber production.

(d) Authority of Secretary of Agriculture to intervene

The Secretary of Agriculture may intervene as a matter of right in any proceeding before the Commission which is conducted in connection with implementing the requirements of the rule prescribed under subsection (a).

(e) Limitation

The Secretary of Agriculture may not exercise any authority under this section for the purpose of restricting the production of any crop.

(f) DefinitionsFor purposes of this section—(1) Essential agricultural useThe term “essential agricultural use”, when used with respect to natural gas, means any use of natural gas—(A) for agricultural production, natural fiber production, natural fiber processing, food processing, food quality maintenance, irrigation pumping, crop drying, or(B) as a process fuel or feedstock in the production of fertilizer, agricultural chemicals, animal feed, or food,which the Secretary of Agriculture determines is necessary for full food and fiber production.(2) High-priority userThe term “high-priority user” means any person who—(A) uses natural gas in a residence;(B) uses natural gas in a commercial establishment in amounts of less than 50 Mcf on a peak day;(C) uses natural gas in any school, hospital, or similar institution; or(D) uses natural gas in any other use the curtailment of which the Secretary of Energy determines would endanger life, health, or maintenance of physical property.(Pub. L. 95–621, title IV, § 401, Nov. 9, 1978, 92 Stat. 3394.)
Notes of Decisions
Cited in 11 cases, 1981–1996 · leading case: United Distrib. Companies v. Fed. Energy Regulatory Comm'n, Windward Energy & Mktg. Co., Intervenors, 88 F.3d 1105 (D.C. Cir. 1996).
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United Distrib. Companies v. Fed. Energy Regulatory Comm'n, Windward Energy & Mktg. Co., Intervenors, 88 F.3d 1105 (D.C. Cir. 1996). · cites it 2× “” 15 U.S.C. § 3391 (a); see also id. § 401(f)(2), 15 U.”
Process Gas Consumers Grp. v. U. S. Dep't of Agric., 694 F.2d 728 (D.C. Cir. 1981). · cites it 17× “Section 401(a) of the NGPA, 15 U.S.C. § 3391 (a), directed the Secretary of Energy to promulgate, by March 9, 1979, rules to protect “essential agricultural users” from curtailment of natural gas deliveries, except to the extent that curtailment was necessary to reserve natural…”
Air Prods. & Chemicals, Inc. v. Fed. Energy Regulatory Comm'n, 650 F.2d 687 (5th Cir. 1981). “Section 401 of the NGPA, 15 U.S.C.A. § 3391 requires that curtailment plans for interstate pipelines place certain *707 essential agricultural uses in a high priority classification.”
Process Gas Consumers Grp. v. United States Dep't of Agric., 657 F.2d 459 (D.C. Cir. 1981). · cites it 2× “While we do not decide the larger question of what “process fuel” means under the Act, we do conclude that Congress believed that “process fuel” does not include boiler fuel.”
Process Gas Consumers Grp. v. U.S. Dep't of Agric., 694 F.2d 778 (D.C. Cir. 1982). · cites it 7× “3350, §§ 401, 403 (1978) (codified at 15 U.S.C. §§ 3391 , 3393). . In granting rehearing en banc, this court vacated Parts I.”
Ohio Ass'n of Cmty. Action Agencies v. Fed. Energy Regulatory Comm'n, 654 F.2d 811 (D.C. Cir. 1981). · cites it 3× “Title IV of the Act concerning Natural Gas Curtailment Policies, 15 U.S.C. §§ 3391 et seq., separately defines essential agricultural uses, 15 U.”
Process Gas Consumers Grp. v. Fed. Energy Regulatory Comm'n, 712 F.2d 483 (D.C. Cir. 1983). · cites it 3× “15 U.S.C. § 3391 (a). . 15 U.S.C. § 3391 (f)(2).”
Elizabethtown Gas Co. v. Fed. Energy Regulatory Comm'n, 10 F.3d 866 (D.C. Cir. 1993). “Pro rata curtailment provision Elizabethtown Gas contends that by insisting upon priority curtailment, rather than pro rata curtailment as provided in the original Restructuring Settlement, and by refusing to require compensation for low priority users, the Commission…”
City of Mesa v. Fed. Energy Regulatory Comm'n, 993 F.2d 888 (D.C. Cir. 1993). · cites it 2× “El Paso’s plan adopted the end-user pecking order mandated by NGPA § 401, 15 U.S.C. § 3391 (a), for “curtailment[s] of deliveries” of natural gas: “high-priority” end-users received gas first, then “essential agricultural” end-users, and on down the statutorily mandated line.”
Atlanta Gas Light Co. v. Fed. Energy Regulatory Comm'n, 756 F.2d 191 (D.C. Cir. 1985). · cites it 4× “In the latter situation, it is not out of accord with accepted usage to refer to the disfavored AO customers as having been “curtailed”' — as the “curtailment plan” involved in the present case demonstrates.”
Consol. Edison Co. v. Comm'n, 676 F.2d 763 (D.C. Cir. 1982). · cites it 2× “Section 401(f) of the NGPA, 15 U.S.C. § 3391 (f) (Supp. IV 1980), defines high priority users as: (2) HIGH-PRIORITY USER.”
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