Page:United States Statutes at Large Volume 92 Part 3.djvu/752

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 3384

PUBLIC LAW 95-621—NOV. 9, 1978 (C) the exercise of authority under this subsection is reasonably necessary to assist in meeting n a t u r a l g a s requirements for such high-priority uses; (D) any interstate pipeline or local distribution company receiving such natural gas has ordered the termination of all deliveries of natural gas for other than high-priority uses and attempted to the maximum extent practicable to terminate such deliveries; (E) such allocation will not create, for the interstate pipeline delivering certificated n a t u r a l gas, a supply shortage which will cause such pipeline to be unable to meet the n a t u r a l gas requirements for high-priority uses of n a t u r a l gas served, directly or indirectly, by such pipeline; and (F) such allocation will not result in a disproportionate share of deliveries and resulting curtailments of n a t u r a l g a s being experienced by such interstate pipeline when compared to deliveries and resulting curtailments which a r e experienced as a result of orders issued under this subsection applicable to other interstate pipelines (as determined by the P r e s i d e n t). (2) REQUIRED NOTIFICATION FROM STATE.—

(A) NOTIFICATION.—The President shall not allocate supplies of n a t u r a l gas under this subsection unless h e is notified by the Governor of any State that— (i) a shortage of n a t u r a l gas supplies available to such State exists or is imminent; (ii) such shortage or imminent shortage endangers the supply of n a t u r a l gas for high-priority uses m such State; and (iii) the exercise of authority under Stat© law is inadequate to protect high-priority uses of n a t u r a l gas in such State from a n interruption i n n a t u r a l gas supplies. (3) BASIS OF FINDING.—To the maximum extent practicable, the Governor shall submit, together with any notification under subparagraph (A), information upon which he has based his finding under such subparagraph, including— (i) volumes of natural gas required to meet the natural gas requirements for high-priority uses of n a t u r a l gas in such State; (ii) information received from persons in the business of producing, selling, transporting, or delivering natural gas i n such State as to the volumes of natural gas supplies available to such State; (iii) information on the authority under State law which will be exercised to protect high-priority uses; and (iv) such other information which the President requests or which the Governor determines appropriate to apprise the President of emergency deliveries and transportation of interstate natural gas needed by such State. (4) ALLOCATION AUTHORITY.—Subject to paragraph s (1), (2),

and (5), i n order to assist in meeting natural gas requirements for high-priority uses of natural gas, the President may, by order, allocate supplies of certificated natural gas from any interstate pipeline. (5) CONSIDERATION OF ALTERNATIVE FUEL AVAILABILITY.—In issu-

ing any order under this subsection the President shall consider