42 U.S.C. § 8374 — Emergency authorities

(a) Coal allocation. (1) If the President declares a severe energy supply interruption as defined in section 6202(8), or finds and publishes that a national or regional fuel shortage exists or may exist that: (i) is or likely will be significant in scope and duration and emergency in nature; (ii) causes or may cause major harm to public health, safety, welfare, or the economy; and (iii) results or likely will result from a coal-supply interruption, sabotage, or an act of God, the President may order coal allocated, and its transportation required, for an electric powerplant^* or major fuel-burning installation^*. The President may set terms and conditions to ensure reliable electric service, prevent unemployment, or protect public health, safety, or welfare. (2) “Coal” means anthracite, bituminous coal, and lignite, but not a fuel derivative. This section does not define the quoted term “severe energy supply interruption.” (b) Emergency ban on natural gas^* or petroleum^*. If the President declares such an interruption, the President may order a powerplant^* or major fuel-burning installation^* not to use natural gas, petroleum, or both as a primary energy source^* for the interruption’s duration. Any suspension of emissions limits or other implementation-plan requirements needed because of the order may be issued only under section 7410(f). (c) Emergency stays. The President may order a stay of any chapter provision, rule, or order applying to a new or existing plant if the President finds and publishes that an emergency caused by national, regional, or systemwide shortages of coal or other alternate fuels, or disrupted transportation, is likely to affect the plant’s service reliability. (d) Duration. (1) Unless paragraph (3) applies, an order under this section lasts no longer than the interruption or emergency, or 90 days, whichever is shorter. (2) A later order may extend it and must be sent to Congress under section 6421; that section’s congressional review applies. (3) Despite paragraph (1), the order does not end under this subsection during the 15-calendar-day congressional-review period for the later order. (4) This subsection supersedes subchapter II of chapter 34 of title 50. (e) No delegation. The President may not delegate authority to issue an order. This does not prevent directing a Federal agency to issue rules or take consistent action to implement the order. (f) Publication and reports. Every order must be published in the Federal Register. To the greatest practicable extent, before issuing an order, but no later than five days afterward, the President must report to Congress the intent to issue it and the reasons.