Page:United States Statutes at Large Volume 93.djvu/784

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PUBLIC LAW 96-000—MMMM. DD, 1979

93 STAT. 752 42 USC 6422.

"Severe energy supply interruption."

Post, p. 757.

Projected daily demand.

"Necessary to comply with obligations of the United States under the international energy program."

PUBLIC LAW 96-102—NOV. 5, 1979 provisions of section 552 applicable thereunder to energy conservation contingency plans, "(ii) Any authority to put a rationing contingency plan into effect under clause (i) pursuant to a request under such clause shall terminate on the 60th calendar day after the date on which a resolution approving that request is adopted by the second House to have so approved that request. "(iii) In applying the provisions of section 552 for purposes of this subparagraph— "(I) subsections (b), (d)(2)(B), and (d)(7) shall not apply; "(II) the references to 60 calendar days and 20 calendar days shall be considered to refer to 30 calendar days and 10 calendar days, respectively; and "(III) the references to any contingency plan shall be considered to refer to a request under this subparagraph. "(3) For purposes of paragraph (2)— "(A) The term 'severe energy supply interruption' means a national energy supply shortage which the President determines— "(i) has resulted or is likely to result in a daily shortfall in the United States of gasoline, diesel fuel, and No. 2 heating oil supplies for a period in excess of 30 days (including reductions as a result of an allocation away from the United States under the international energy program) of an amount equal to 20 percent or more of projected daily demand for such supplies; "(ii) is not manageable under other energy emergency authorities, including any energy conservation contingency plans approved under subsection (b) and any emergency conservation authority available under title II of the Emergency Energy Conservation Act of 1979; "(iii) is expected to persist for a period of time sufficient to seriously threaten the adequacy of domestic stocks of gasoline, diesel fuel, and No. 2 heating oil; and "(iv) is having or can reasonably be expected to have a major adverse impact on national health or safety or the national economy. "(B) For purposes of determining the shortfall of supplies under subparagraph (A)(i), the projected daily demand for gasoline, diesel fuel, and No. 2 heating oil supplies shall be the amount of such supplies that were available during any consecutive period of 12 calendar months which the President considers appropriate and which occurred during the 36 calendar month period which immediately precedes the month in which such finding is made, such amount to be adjusted— "(i) to take into account, for the period between the base period and the month in which the determination is made, the normal growth in demand for gasoline, diesel fuel, and No. 2 heating oil, as determined by the President on the basis of growth experienced during the 36-month period from which the base period was selected; and "(ii) to take into account seasonal variations in demand for such fuels, as determined by the President. "(C) The term 'necessary to comply with obligations of the United States under the international energy program' refers to a necessity which the President determines to have impacts comparable to those provided for in subparagraph (A) of this paragraph.