H.R. 4752 (103rd): Energy Policy and Conservation Act Amendments of 1994

103rd Congress, 1993–1994. Text as of Aug 09, 1994 (Referred to Senate Committee).

Status & Summary | PDF | Source: GPO

HR 4752 RFS

103d CONGRESS

2d Session

H. R. 4752

IN THE SENATE OF THE UNITED STATES

August 9 (legislative day, AUGUST 8), 1994

Received; read twice and referred to the Committee on Energy and Natural Resources


AN ACT

To amend the Energy Policy and Conservation Act to manage the Strategic Petroleum Reserve more effectively, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Energy Policy and Conservation Act Amendments of 1994’.

SEC. 2. TABLE OF CONTENTS AND STATEMENT OF PURPOSES.

    (a)(1) In the table of contents of the Energy Policy and Conservation Act, strike the items relating to sections 102, 153, 155, 158, and 164, and strike the items relating to parts A and C of title II.

    (2) The item in the table of contents of the Energy Policy and Conservation Act relating to section 159 is amended to read as follows:

      ‘Sec. 159. Development, operations, and maintenance of the Reserve.’.

    (3) The item in the table of contents of the Energy Policy and Conservation Act relating to section 165 is amended to read as follows:

      ‘Sec. 165. Reports.’.

    (b) Section 2 of the Energy Policy and Conservation Act (42 U.S.C. 6201) is amended--

      (1) in paragraph (1) by striking ‘standby authority to the President, subject to congressional review, to impose rationing, to reduce demand for energy through the implementation of energy conservation plans, and’ and inserting in lieu thereof ‘authority to the President’; and

      (2) by striking paragraphs (3) and (6) and redesignating paragraphs (4), (5), (7), and (8) as paragraphs (3), (4), (5), and (6), respectively.

SEC. 3. TITLE I AMENDMENTS.

    Title I of the Energy Policy and Conservation Act is amended--

      (1) by striking section 102 (42 U.S.C. 6211);

      (2) in section 151 (42 U.S.C. 6231)--

        (A) in subsection (a) by striking ‘limited’ and by striking ‘short-term’; and

        (B) by amending subsection (b) to read as follows:

    ‘(b) It is the policy of the United States to provide for the creation of a Strategic Petroleum Reserve for the storage of up to 1,000,000,000 barrels of petroleum products to reduce the impact of disruptions in supplies of petroleum products or to carry out obligations of the United States under the international energy program.’;

      (3) in section 152 (42 U.S.C. 6232)--

        (A) by striking paragraph (1) and redesignating paragraphs (2) through (11) as paragraphs (1) through (10), respectively; and

        (B) in paragraph (10) (as so redesignated by subparagraph (A) of this paragraph) by striking ‘, the Early Storage Reserve’;

      (4) by striking section 153 (42 U.S.C 6233);

      (5) in section 154 (42 U.S.C. 6234)--

        (A) by amending subsection (a)(1) to read as follows:

    ‘(a)(1) A Strategic Petroleum Reserve for the storage of up to 1,000,000,000 barrels of petroleum products shall be created pursuant to this part.’;

        (B) in subsection (a)(2)(D), by striking ‘160(h)’ and inserting in lieu thereof ‘160(e)’;

        (C) by amending subsection (b) to read as follows:

    ‘(b) The Secretary, acting through the Strategic Petroleum Reserve Office and in accordance with this part, shall exercise authority over the development, operation, and maintenance of the Reserve.’;

        (D) by amending subsection (c) to read as follows:

    ‘(c) The Secretary, not later than 6 months after the date of enactment of this subsection, and every two years thereafter, shall prepare and transmit to the Congress a Strategic Petroleum Reserve Operating and Readiness Plan. Such plan shall describe the long-range operational, maintenance, refurbishment, product replacement, testing, withdrawal and distribution, and readiness requirements to enable the implementation of the policy declared in section 151.’; and

        (E) by striking subsections (d) and (e);

      (6) by striking section 155 (42 U.S.C. 6235);

      (7) in section 156(b) (42 U.S.C. 6236(b)) by striking ‘To implement the Early Storage Reserve Plan or the Strategic Petroleum Reserve Plan which has taken effect pursuant to section 159(a), the’ and inserting in lieu thereof ‘The’;

      (8) by amending section 157 (42 U.S.C. 6237)--

        (A) in subsection (a), by striking ‘The Strategic Petroleum Reserve Plan shall provide for the establishment and maintenance of’ and inserting in lieu thereof ‘The Secretary shall establish and maintain as part of the Strategic Petroleum Reserve’; and

        (B) in subsection (b), by striking ‘To implement the Strategic Petroleum Reserve Plan, the Secretary shall accumulate and maintain’ and inserting in lieu thereof ‘The Secretary shall establish and maintain as part of the Strategic Petroleum Reserve’;

      (9) by striking section 158 (42 U.S.C. 6238);

      (10) in section 159 (42 U.S.C. 6239)--

        (A) by amending the section head to read as follows:

‘DEVELOPMENT, OPERATIONS, AND MAINTENANCE OF THE RESERVE’;

        (B) by striking subsections (a), (b), (c), (d), (e), (h), and (i), and redesignating subsections (f), (g), (j), (k), and (l) as subsections (a), (b), (c), (d), and (e), respectively;

        (C) by amending subsection (a) (as so redesignated by subparagraph (B) of this paragraph) to read as follows:

    ‘(a) In order to develop, operate, or maintain the Strategic Petroleum Reserve, the Secretary may--

      ‘(1) issue rules, regulations, or orders;

      ‘(2) acquire by purchase, condemnation, or otherwise, land or interests in land for the location of storage and related facilities;

      ‘(3) construct, purchase, lease, or otherwise acquire storage and related facilities;

      ‘(4) use, lease, maintain, sell, or otherwise dispose of storage and related facilities acquired under this part, under such terms and conditions as the Secretary considers necessary and appropriate;

      ‘(5) acquire, subject to the provisions of section 160, by purchase, exchange, or otherwise, petroleum products for storage in the Strategic Petroleum Reserve, including the Regional Petroleum Reserve;

      ‘(6) store petroleum products in storage facilities owned and controlled by the United States or in storage facilities owned by others if those facilities are subject to audit by the United States;

      ‘(7) execute any contracts necessary to develop, operate, or maintain the Strategic Petroleum Reserve;

      ‘(8) require an importer of petroleum products or refiner to acquire and to store and maintain, in readily available inventories, petroleum products in the Industrial Petroleum Reserve, under section 156;

      ‘(9) require the storage of petroleum products in the Industrial Petroleum Reserve, under section 156, on such reasonable terms as the Secretary may specify, in storage facilities owned and controlled by the United States or in storage facilities other than those owned by the United States if those facilities are subject to audit by the United States;

      ‘(10) require the maintenance of the Industrial Petroleum Reserve; and

      ‘(11) bring an action, when the Secretary considers it necessary, in any court having jurisdiction over the proceedings, to acquire by condemnation any real or personal property, including facilities, temporary use of facilities, or other interests in land, together with any personal property located on or used with the land.’;

        (D) in subsection (b) (as so redesignated by subparagraph (B) of this paragraph)--

          (i) by striking ‘implementation’ and inserting in lieu thereof ‘development’; and

          (ii) by striking ‘Plan’;

        (E) by amending subsection (c) (as so redesignated by subparagraph (B) of this paragraph) to read as follows:

    ‘(c) When the Secretary determines that a 750,000,000 barrel inventory can reasonably be expected to be reached in the Reserve within 5 years, the Secretary shall submit to the Congress a plan for expansion of the Strategic Petroleum Reserve to a capacity of 1,000,000,000 barrels.’; and

        (F) by amending subsection (e) (as so redesignated by subparagraph (B) of this paragraph) to read as follows:

    ‘(e) During any period in which drawdown and distribution are being implemented, the Secretary may issue rules, regulations, or orders to implement the drawdown and distribution of the Strategic Petroleum Reserve, without regard to the requirements of section 553 of title 5, United States Code, and section 501 of the Department of Energy Organization Act (42 U.S.C. 7191).’;

      (11) in section 160 (42 U.S.C. 6240)--

        (A) in subsection (a), by striking ‘The Secretary’ and all that follows through ‘transport, or exchange’ and inserting in lieu thereof ‘For the purpose of implementing the Strategic Petroleum Reserve, the Secretary may acquire, place in storage, transport, or exchange’;

        (B) in subsection (b)--

          (i) by striking ‘, including the Early Storage Reserve’; and

          (ii) by striking paragraph (2) and redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; and

        (C) by striking subsections (c), (d), and (e) and redesignating subsections (f), (g), and (h) as subsections (c), (d), and (e), respectively;

      (12) in section 161 (42 U.S.C. 6241)--

        (A) by striking subsections (b) and (c) and redesignating subsections (d) through (i) as subsections (b) through (g), respectively;

        (B) by amending subsection (b)(1) (as so redesignated by subparagraph (A) of this paragraph) to read as follows:

    ‘(b)(1) No drawdown and distribution of the Strategic Petroleum Reserve may be made unless the President has found drawdown and distribution is required by a severe energy supply interruption or by obligations of the United States under the international energy program.’;

        (C) by amending subsection (c) (as so redesignated by subparagraph (A) of this paragraph) to read as follows:

    ‘(c)(1) The Secretary shall sell any petroleum product withdrawn from the Strategic Petroleum Reserve at public sale to the highest qualified bidder in the amounts and for the period the Secretary considers appropriate, and after a notice of sale the Secretary considers appropriate.

    ‘(2) The Secretary may cancel in whole or in part any offer to sell petroleum products as part of any drawdown and distribution under this section.’; and

        (D) in subsection (e) (as so redesignated by subparagraph (A) of this paragraph)--

          (i) in paragraph (1), by striking ‘Distribution Plan’ and inserting in lieu thereof ‘distribution procedures’;

          (ii) by striking paragraphs (2) and (6) and redesignating paragraphs (3), (4), (5), (7), and (8) as paragraphs (2), (3), (4), (5), and (6), respectively; and

          (iii) in subsection (f)(1)(A) (as so redesignated by subparagraph (A) of this paragraph) by striking ‘subsection (d)’ and inserting in lieu thereof ‘subsection (b)’;

      (13) by striking section 164 (42 U.S.C. 6244);

      (14) by amending section 165 (42 U.S.C. 6245) to read as follows:

‘REPORTS

    ‘SEC. 165. The Secretary shall, not later than 6 months after the date of enactment of the Energy Policy and Conservation Act Amendments of 1994, and every 6 months thereafter, transmit a report to the President and the Congress on--

      ‘(1) the status of the physical capacity of the Reserve and the type and quantity of petroleum in the Reserve;

      ‘(2) an estimate of the schedule and cost to complete planned equipment upgrade or capital investment in the Reserve, including those carried out as part of operational maintenance or extension of life activities;

      ‘(3) an identification of any life-limiting conditions or operational problems at any Reserve facility, and proposed remedial actions including an estimate of the schedule and cost of implementing such remedial actions;

      ‘(4) a description of current withdrawal and distribution rates and capabilities, and an identification of any operational or other limitations on such rates and capabilities;

      ‘(5) an identification of purchases of petroleum made in the preceding 6 months and planned in the following 6 months, including quantity, price, and type of petroleum;

      ‘(6) a summary of the actions taken to develop, operate, and maintain the Reserve;

      ‘(7) a summary of the financial status and financial transactions of the Strategic Petroleum Reserve and Strategic Petroleum Reserve Petroleum Accounts for the preceding 6 months;

      ‘(8) a summary of operating and capital expenses for the preceding 6 months, and the number of Federal and contractor employees;

      ‘(9) the status of contracts for development, operation, maintenance, distribution, and other activities related to the implementation of this part; and

      ‘(10) any recommendations for supplemental legislation or policy or operational changes the Secretary considers necessary and appropriate to implement this part.’;

      (15) by amending section 166 (42 U.S.C. 6246) to read as follows:

‘AUTHORIZATION OF APPROPRIATIONS

    ‘SEC. 166. There are authorized to be appropriated such sums as may be necessary to implement this part.’;

      (16) in section 167 (42 U.S.C. 6247)--

        (A) in subsection (b)--

          (i) by inserting ‘test sales of petroleum products from the Reserve,’ after ‘Strategic Petroleum Reserve,’;

          (ii) by striking paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively;

          (iii) in paragraph (1) (as so redesignated by clause (ii) of this subsection) by striking ‘after fiscal year 1982’; and

          (iv) in paragraph (2) (as so redesignated by clause (ii) of this subsection) by striking ‘160(f)’ and inserting in lieu thereof ‘160(c)’;

        (B) in subsection (d), by striking ‘160(f)’ and inserting in lieu thereof ‘160(c)’; and

        (C) by amending subsection (e) to read as follows:

    ‘(e) The Impoundment Control Act of 1974 (2 U.S.C. 681-688) shall apply to funds made available under subsection (b).’;

      (17) in section 171(b)(2)(B) (42 U.S.C. 6249(b)(2)(B)) by inserting ‘, as such section was in effect before the date of enactment of the Energy Policy and Conservation Act Amendments of 1994,’ after ‘section 154(e)’;

      (18) in section 172 (42 U.S.C. 6249a) by striking subsections (a) and (b) and redesignating subsections (c) and (d) as subsections (a) and (b), respectively; and

      (19) in section 181 (42 U.S.C. 6251) by striking ‘1994’ both places it appears and inserting in lieu thereof ‘1999’.

SEC. 4. TITLE II AMENDMENTS.

    Title II of the Energy Policy and Conservation Act is amended--

      (1) by striking part A (42 U.S.C. 6261 through 6264);

      (2) in section 251(e)(1) (42 U.S.C. 6271(e)(1)) by striking ‘252(l)(1)’ and inserting in lieu thereof ‘252(k)(1)’;

      (3) in section 252 (42 U.S.C. 6272)--

        (A) in subsections (a)(1) and (b), by striking ‘allocation and information provisions of the international energy program’ and inserting in lieu thereof ‘international emergency response provisions’;

        (B) in subsection (d)(3), by striking ‘known circumstances’ and inserting in lieu thereof ‘circumstances known at the time of approval’;

        (C) in subsection (f)(2) by inserting ‘voluntary agreement or’ after ‘approved’;

        (D) in subsection (i) by inserting ‘annually, and at least’ after ‘least’ and by inserting ‘during an international energy supply emergency’ after ‘months’;

        (E) in subsection (k) by amending paragraph (2) to read as follows:

      ‘(2) The term ‘international emergency response provisions’ means--

        ‘(A) the provisions of the international energy program which relate to international allocation of petroleum products and to the information system provided in the program; and

        ‘(B) the emergency response measures adopted by the Governing Board of the International Energy Agency (including the July 11, 1984, decision by the Governing Board on ‘Stocks and Supply Disruptions’) for--

          ‘(i) the coordinated drawdown of stocks of petroleum products held or controlled by governments; and

          ‘(ii) complementary actions taken by governments,

        during an existing or impending international oil supply disruption.’; and

        (F) by amending subsection (l) to read as follows:

    ‘(l) The antitrust defense under subsection (f) shall not extend to the international allocation of petroleum products unless allocation is required by chapters III and IV of the international energy program during an international energy supply emergency.’;

      (4) by adding at the end of section 256(h) (42 U.S.C. 6276(h)) ‘There are authorized to be appropriated for fiscal years 1996 through 1999 such sums as may be necessary to carry out this part.’;

      (5) by striking part C (42 U.S.C. 6281 through 6282); and

      (6) in section 281 (42 U.S.C. 6285), by striking ‘1994’ each place it appears and inserting in lieu thereof ‘1999’.

SEC. 5. MISCELLANEOUS ADDITIONAL AMENDMENTS.

    (a) Title III of the Energy Policy and Conservation Act is amended--

      (1) in section 365(f) (42 U.S.C. 6325(f)) by amending paragraph (1) to read as follows:

    ‘(1) Except as provided in paragraph (2), for the purpose of carrying out this part, there are authorized to be appropriated for fiscal years 1995 through 1999 such sums as may be necessary.’; and

      (2) by amending section 397 (42 U.S.C. 6371f) to read as follows:

‘AUTHORIZATION OF APPROPRIATIONS

    ‘SEC. 397. For the purpose of carrying out this part, there are authorized to be appropriated for fiscal years 1995 through 1999 such sums as may be necessary.’.

    (b) Section 507 of the Energy Policy and Conservation Act (42 U.S.C. 6385) is amended by striking ‘, which was collected’ and all that follows through ‘Information Administration’.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    Section 6(d) of the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 (42 U.S.C. 12005(d)) is amended by striking ‘fiscal year 1994’ and inserting in lieu thereof ‘the period encompassing fiscal years 1996, 1997, and 1998’.

SEC. 7. ELWHA RIVER ECOSYSTEM AND FISHERIES RESTORATION EXPENDITURES.

    Section 9 of the Elwha River Ecosystem and Fisheries Restoration Act (Public Law 102-495; 106 Stat. 3178) is amended by striking ‘for expenditure through the Assistant Secretary for Fish, Wildlife, and Parks’.

SEC. 8. SIZE LIMITATIONS OF ELIGIBLE FACILITIES UNDER PURPA.

    (a) EXTENSION- Section 3(17)(E) of the Federal Power Act (16 U.S.C. 791a and following) is amended as follows:

      (1) By striking ‘1994’ and inserting ‘1996’.

      (2) By striking ‘1999’ and inserting ‘2001’.

    (b) STUDY- Before January 1, 1996, the Secretary of Energy, in consultation with the Federal Energy Regulatory Commission, shall conduct a study to review the current implementation of the Public Utility Regulatory Policies Act of 1978 and submit a report to Congress containing the results of such study. Such report shall include an examination of the mandatory purchase requirements under such Act, the implementation of avoided cost requirements by various State public service commissions and ownership restrictions imposed under such Act. In conducting the study, the Secretary shall consult with State public service commissions and other State regulatory authorities with jurisdiction over electric power sales.

Passed the House of Representatives August 8, 1994.

Attest:

DONNALD K. ANDERSON,

Clerk.