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

15 U.S.C. § 3392

Natural gas for essential industrial process and feedstock uses

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 15 CasesGoogle Scholar
(a) General ruleThe Secretary of Energy shall prescribe and make effective a rule which provides that, notwithstanding any other provision of law (other than subsection (b)) and to the maximum extent practicable, no interstate pipeline may curtail deliveries of natural gas for any essential industrial process or feedstock 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);(2) is necessary in order to meet the requirements of high-priority users; or(3) is necessary in order to meet the requirements for essential agricultural uses of natural gas for which curtailment priority is established under section 3391 of this title.(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) DefinitionsFor 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.)
Notes of Decisions
Cited in 4 cases, 1981–1996 · leading case: United Distrib. Companies v. Fed. Energy Regulatory Comm'n, Windward Energy & Mktg. Co., 88 F.3d 1105 (D.C. Cir. 1996).
Sort: Relevance Newest Treatment
United Distrib. Companies v. Fed. Energy Regulatory Comm'n, Windward Energy & Mktg. Co., 88 F.3d 1105 (D.C. Cir. 1996). “Supply curtailment of pipeline gas Elizabethtown contends that because § 402(a) of the NGPA requires end-use curtailment only “to the maximum extent practicable,” 15 U.S.C. § 3392 (a), the declining role of pipelines as gas merchants renders end-use curtailment for shortages of…”
Process Gas Consumers Grp. v. Fed. Energy Regulatory Comm'n, 712 F.2d 483 (D.C. Cir. 1983). “15 U.S.C. § 3392 (b). . The NGPA establishes only the top three priorities.”
Process Gas Consumers Grp. v. U. S. Dep't of Agric., 694 F.2d 728 (D.C. Cir. 1981). “§ 3391 (b), and essential process or feedstock uses, 15 U.S.C. § 3392 (b). Such explicit language does not appear with respect to high-priority users, however.”
Atlanta Gas Light Co. v. Fed. Energy Regulatory Comm'n, 756 F.2d 191 (D.C. Cir. 1985). “Section 402(a), 15 U.S.C. § 3392 (a), provides similar protection for "deliveries of natural gas for any essential industrial process or feedstock use____” .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.