Collapse to view only § 789. Repealed.
- § 761. Congressional declaration of purpose
- § 762. Establishment
- § 763. Repealed.
- § 764. Specific functions and purposes
- § 765. Transfer of functions
- § 766. Administrative provisions
- § 767. Transitional and savings provisions
- § 768. Repealed.
- § 769. Definitions
- § 770. Appointments
- § 771. Comptroller General, powers and duties
- § 772. Administrator’s information-gathering power
- § 773. Public disclosure of information
- § 774. Reports and recommendations
- § 775. Sex discrimination; enforcement; other legal remedies
- § 776. Repealed.
- § 777. Economic analysis of proposed actions
- § 778. Management oversight review; report to Administrator
- § 779. Coordination with, and technical assistance to, State governments
- § 780. Office of Private Grievances and Redress
- § 781. Comprehensive energy plan
- § 782. Petrochemical report to Congress
- § 783. Hydroelectric generating facilities; lists, transmittal to Congress; construction schedule and cost estimates for expedited construction program; prospective accomplishments from expedited completion of facilities; statement of appropriated but not obligated funds
- § 784. Exports of coal and refined petroleum products
- § 785. Foreign ownership; comprehensive review; sources of information; report to Congress; monitoring activity
- § 786. Repealed.
- § 787. Project Independence Evaluation System documentation; access to model by Congress and public
- § 788. Use of commercial standards
- § 789. Repealed.
§ 761. Congressional declaration of purpose
(a) Objectives
(b) Necessity for reorganization
(c) Creation of Federal Energy Administration
(Pub. L. 93–275, § 2, May 7, 1974, 88 Stat. 97.)
§ 762. Establishment
There is hereby established an independent agency in the executive branch to be known as the Federal Energy Administration (hereinafter in this chapter referred to as the “Administration”).
(Pub. L. 93–275, § 3, May 7, 1974, 88 Stat. 97.)
§ 763. Repealed. Pub. L. 95–91, title VII, § 709(a)(1), Aug. 4, 1977, 91 Stat. 607
§ 764. Specific functions and purposes
(a) Limitation on discretionary powers
Subject to the provisions and procedures set forth in this chapter, the Administrator shall be responsible for such actions as are taken to assure that adequate provision is made to meet the energy needs of the Nation. To that end, he shall make such plans and direct and conduct such programs related to the production, conservation, use, control, distribution, rationing, and allocation of all forms of energy as are appropriate in connection with only those authorities or functions—
(1) specifically transferred to or vested in him by or pursuant to this chapter;
(2) delegated to him by the President pursuant to specific authority vested in the President by law; and
(3) otherwise specifically vested in the Administrator by the Congress.
(b) Duties
To the extent authorized by subsection (a) of this section, the Administrator shall—
(1) advise the President and the Congress with respect to the establishment of a comprehensive national energy policy in relation to the energy matters for which the Administration has responsibility, and, in coordination with the Secretary of State, the integration of domestic and foreign policies relating to energy resource management;
(2) assess the adequacy of energy resources to meet demands in the immediate and longer range future for all sectors of the economy and for the general public;
(3) develop effective arrangements for the participation of State and local governments in the resolution of energy problems;
(4) develop plans and programs for dealing with energy production shortages;
(5) promote stability in energy prices to the consumer, promote free and open competition in all aspects of the energy field, prevent unreasonable profits within the various segments of the energy industry, and promote free enterprise;
(6) assure that energy programs are designed and implemented in a fair and efficient manner so as to minimize hardship and inequity while assuring that the priority needs of the Nation are met;
(7) develop and oversee the implementation of equitable voluntary and mandatory energy conservation programs and promote efficiencies in the use of energy resources;
(8) develop and recommend policies on the import and export of energy resources;
(9) collect, evaluate, assemble, and analyze energy information on reserves, production, demand, and related economic data;
(10) work with business, labor, consumer and other interests and obtain their cooperation;
(11) in administering any pricing authority, provide by rule, for equitable allocation of all component costs of producing propane gas. Such rules may require that (a) only those costs directly related to the production of propane may be allocated by any producer to such gas for purposes of establishing any price for propane, and (b) prices for propane shall be based on the prices for propane in effect on May 15, 1973. The Administrator shall not allow costs attributable to changes in ownership and movement of propane gas where, in the opinion of the Administrator, such changes in ownership and movement occur primarily for the purpose of establishing a higher price; and
(12) perform such other functions as may be prescribed by law.
(c) Exercise of delegated discretion concerning exemptions
(1) The Administrator shall not exercise the discretion delegated to him by the President, pursuant to section 754(b) 1
1 See References in Text note below.
of this title, to submit to the Congress as one energy action any amendment to the regulation under section 753(a) 1 of this title, pursuant to section 760a 1 of this title, which amendment exempts any oil, refined petroleum product, or refined product category from both the allocation and pricing provisions of the regulation under section 753 1 of this title.(2) Nothing in this subsection shall prevent the Administrator from concurrently submitting an energy action relating to price together with an energy action relating to allocation of the same oil, refined petroleum product, or refined product category.
(Pub. L. 93–275, § 5, May 7, 1974, 88 Stat. 98; Pub. L. 94–385, title I, § 102, Aug. 14, 1976, 90 Stat. 1127.)
§ 765. Transfer of functions
(a) Functions of Secretary and Department of the Interior
There are hereby transferred to and vested in the Administrator all functions of the Secretary of the Interior, the Department of the Interior, and officers and components of that Department—
(1) as relate to or are utilized by the Office of Petroleum Allocation;
(2) as relate to or are utilized by the Office of Energy Conservation;
(3) as relate to or are utilized by the Office of Energy Data and Analysis; and
(4) as relate to or are utilized by the Office of Oil and Gas.
(b) Functions of Chairman and Executive Director of Cost of Living Council
(Pub. L. 93–275, § 6, May 7, 1974, 88 Stat. 100.)
§ 766. Administrative provisions
(a) Rules, regulations, and procedures; Environmental Protection Agency, notification; quality of environment, publication of comments; emergency preclusion of review by Environmental Protection Agency
The Administrator may promulgate such rules, regulations, and procedures as may be necessary to carry out the functions vested in him: Provided, That:
(1) The Administrator shall, before promulgating proposed rules, regulations, or policies affecting the quality of the environment, provide a period of not less than five working days during which the Administrator of the Environmental Protection Agency may provide written comments concerning the impact of such rules, regulations, or policies on the quality of the environment. Such comments shall be published together with publication of notice of the proposed action.
(2) The review required by paragraph (1) of this subsection may be waived for a period of fourteen days if there is an emergency situation which, in the judgment of the Administrator, requires making effective the action proposed to be taken at a date earlier than would permit the Administrator of the Environmental Protection Agency the five working days opportunity for prior comment required by paragraph (1). Notice of any such waiver shall be given to the Administrator of the Environmental Protection Agency and filed with the Federal Register with the publication of notice of proposed or final agency action and shall include an explanation of the reasons for such waiver, together with supporting data and a description of the factual situation in such detail as the Administrator determines will apprise such agency and the public of the reasons for such waiver.
The review required by paragraphs (1) and (2) of this subsection may be waived for a period of fourteen days if there is an emergency situation which, in the judgment of the Administrator, requires immediate action.
(b) Adjustments; procedures respecting application and operation; judicial review
(c) Judicial review of administrative rulemaking; filing of petition in United States Court of Appeals
(d) to (k) Repealed or Redesignated. Pub. L. 95–91, title VII, § 709(a)(2)(B), (C), (F), (G), Aug. 4, 1977, 91 Stat. 608
(l) Authority and responsibility of General Counsel
(Pub. L. 93–275, § 7, May 7, 1974, 88 Stat. 100; Pub. L. 94–385, title I, §§ 103–106, Aug. 14, 1976, 90 Stat. 1127–1129; Pub. L. 95–70, § 8, July 21, 1977, 91 Stat. 277; Pub. L. 95–91, title VII, § 709(a)(2), Aug. 4, 1977, 91 Stat. 607.)
§ 767. Transitional and savings provisions
(a) Continuance of effective status
All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges—
(1) which have been issued, made, granted, or allowed to become effective by the President, by any Federal department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this chapter, and
(2) which are in effect at the time this chapter takes effect,
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked by the President, the Administrator, other authorized officials, a court of competent jurisdiction, or by operation of law.
(b) Pending proceedings; orders, appeals, payments
(c) Commencement of suits before effective date
Except as provided in subsection (e)—
(1) the provisions of this chapter shall not affect suits commenced prior to the date this chapter takes effect, and
(2) in all such suits proceedings shall be had, appeals taken, and judgments rendered, in the same manner and effect as if this chapter had not been enacted.
(d) Litigation; abatement prohibition; Federal parties
(e) Substitution of parties
(f) Judicial review; other requirements respecting notices, hearings, action upon record, and administrative review; conflicting provisions
(g) References in other laws deemed references to transferee offices or officers
(h) Presidential functions, authorities, and delegations unaffected
(i) References to other provisions deemed references to such provisions as amended or supplemented
(Pub. L. 93–275, § 8, May 7, 1974, 88 Stat. 103.)
§ 768. Repealed. Pub. L. 95–91, title VII, § 709(a)(1), Aug. 4, 1977, 91 Stat. 607
§ 769. Definitions
As used in this chapter—
(1) any reference to “function” or “functions” shall be deemed to include references to duty, obligation, power, authority, responsibility, right, privilege, and activity, or the plural thereof, as the case may be; and
(2) any reference to “perform” or “performance”, when used in relation to functions, shall be deemed to include the exercise of power, authority, rights, and privileges.
(Pub. L. 93–275, § 10, May 7, 1974, 88 Stat. 105.)
§ 770. Appointments
(a) Interim funds
(b) Interim appointments
(c) Nontemporary personnel; transferee rights for one year
(d) Compensation of new position at not less than provided for in Executive Schedule for previous position in cases of appointees without break in service
(Pub. L. 93–275, § 11, May 7, 1974, 88 Stat. 105.)
§ 771. Comptroller General, powers and duties
(a) Scope of activities; monitoring activity; data to Comptroller General from Administration; reports and recommendations to Congress
(b)
(c) Access to material and information from recipients of Federal funds or assistance under Federal transactions
(d) Subpenas; committee resolution; issuance; production of evidence
(e) Enforcement of subpenas; jurisdiction; order for production of evidence; contempt
(f) Availability to public of reports submitted to Congress; prohibited disclosures: confidential information and trade secrets; preservation of confidentiality in disclosures to Government
Reports submitted by the Comptroller General to the Congress pursuant to this section shall be available to the public at reasonable cost and upon identifiable request. The Comptroller General may not disclose to the public any information which concerns or relates to a trade secret or other matter referred to in section 1905 of title 18, except that such information shall be disclosed by the Comptroller General or the Administrator, in a manner designed to preserve its confidentiality—
(1) to other Federal Government departments, agencies, and officials for official use upon request;
(2) to committees of Congress upon request; and
(3) to a court in any judicial proceeding under court order.
(Pub. L. 93–275, § 12, May 7, 1974, 88 Stat. 106.)
§ 772. Administrator’s information-gathering power
(a) Comprehensive and particular energy information; categorical groupings; monitoring activity and policy guidance
(b) Information and data to Administrator from owners or operators of facilities or business premises engaged in energy matters
(c) General or special orders for filing reports or answers in writing to specific questions, surveys, or questionnaires; oath or otherwise; filing period
(d) Investigations, physical inspections, inventories and samples, copies, and interrogations
(e) Subpenas; attendance and testimony of witnesses; production of evidence; enforcement; judicial orders; contempt
(1) The Administrator, or any of his duly authorized agents, shall have the power to require by subpena the attendance and testimony of witnesses, and the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence which the Administrator is authorized to obtain pursuant to this section.
(2) Any appropriate United States district court may, in case of contumacy or refusal to obey a subpena issued pursuant to this section, issue an order requiring the party to whom such subpena is directed to appear before the Administration and to give testimony touching on the matter in question, or to produce any matter described in paragraph (1) of this subsection, and any failure to obey such order of the court may be punished by such court as a contempt thereof.
(f) Federal information concerning energy resources on Federal lands; scope of information
(g) Maintenance of records and accounts
(h) Alleviation of reporting burdens for small businesses
(i) Penalties for failure to file information
(Pub. L. 93–275, § 13, May 7, 1974, 88 Stat. 107; Pub. L. 94–385, title I, §§ 107, 108, Aug. 14, 1976, 90 Stat. 1129.)
§ 773. Public disclosure of information
(a) Analyses, data, information, reports, and summaries; objectives of disclosure
(b) Freedom of Information Act applicable; disclosure of confidential information or trade secrets; disclosure of matter included in public annual reports to Securities and Exchange Commission and matter excepted from such disclosure
(c) Guidelines and procedures for handling information pertaining to individuals; access of individuals to such personal information
(Pub. L. 93–275, § 14, May 7, 1974, 88 Stat. 108.)
§ 774. Reports and recommendations
(a) Administrator’s initial submittal to President and Congress
(b) Administrator’s annual report to Congress; contentsThe Administrator shall prepare and submit directly to the Congress and the President every year after May 7, 1974, a report which shall include—
(1) a review and analysis of the major actions taken by the Administrator;
(2) an analysis of the impact these actions have had on the Nation’s civilian requirements for energy supplies for materials and commodities;
(3) a projection of the energy supply for the midterm and long term for each of the major types of fuel and the potential size and impact of any anticipated shortages, including recommendations for measures to—
(A) minimize deficiencies of energy supplies in relation to needs;
(B) maintain the health and safety of citizens;
(C) maintain production and employment at the highest feasible level;
(D) equitably share the burden of shortages among individuals and business firms; and
(E) minimize any distortion of voluntary choices of individuals and firms;
(4) a summary listing of all recipients of funds and the amount thereof within the preceding period;
(5) a summary listing of information-gathering activities conducted under section 772 of this title; and
(6) an analysis of the energy needs of the United States and the methods by which such needs can be met, including both tax and nontax proposals and energy conservation strategies.
In the first annual report submitted after August 14, 1976, the Administrator shall include in such report with respect to the analysis referred to in paragraph (6) a specific discussion of the utility and relative benefits of employing a Btu tax as a means for obtaining national energy goals.
(c) Citizen fuel use; summer guidelines
(d) Administrator’s interim reports to Congress
(e) Energy needs analysis; time for submission; contents; continuation of analysis after termination of AdministrationThe analysis referred to in subsection (b)(6) shall include, for each of the next five fiscal years following the year in which the annual report is submitted and for the tenth fiscal year following such year—
(1) the effect of various conservation programs on such energy needs;
(2) the alternate methods of meeting the energy needs identified in such annual report and of—
(A) the relative capital and other economic costs of each such method;
(B) the relative environmental, national security, and balance-of-trade risks of each such method;
(C) the other relevant advantages and disadvantages of each such method; and
(3) recommendations for the best method or methods of meeting the energy needs identified in such annual report and for legislation needed to meet those needs.
Notwithstanding the termination of this chapter, the President shall designate an appropriate Federal agency to conduct the analysis specified in subsection (b)(6).
(Pub. L. 93–275, § 15, May 7, 1974, 88 Stat. 108; Pub. L. 94–385, title I, § 109(a)–(c), Aug. 14, 1976, 90 Stat. 1130.)
§ 775. Sex discrimination; enforcement; other legal remedies
No individual shall on the grounds of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity carried on or receiving Federal assistance under this chapter. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.]. However, this remedy is not exclusive and will not prejudice or remove any other legal remedies available to any individual alleging discrimination.
(Pub. L. 93–275, § 16, May 7, 1974, 88 Stat. 109.)
§ 776. Repealed. Pub. L. 105–28, § 2(b)(2), July 18, 1997, 111 Stat. 245
§ 777. Economic analysis of proposed actions
(a) Scope of analysis
In carrying out the provisions of this chapter, the Administrator shall, to the greatest extent practicable, insure that the potential economic impacts of proposed regulatory and other actions are evaluated and considered, including but not limited to an analysis of the effect of such actions on—
(1) the fiscal integrity of State and local governments;
(2) vital industrial sectors of the economy;
(3) employment, by industrial and trade sectors, as well as on a national, regional, State, and local basis;
(4) the economic vitality of regional, State, and local areas;
(5) the availability and price of consumer goods and services;
(6) the gross national product;
(7) low and middle income families as defined by the Bureau of Labor Statistics;
(8) competition in all sectors of industry; and
(9) small business.
(b) Conservation measures
(c) Explicit analyses; interagency cooperation; other review and cause of action provisions
(d) Monitoring economic impact of energy actions; report and recommendations to Congress
(e) Industrial or regional discrimination; equal bearing of costs and burdens of meeting energy shortages
(Pub. L. 93–275, § 18, May 7, 1974, 88 Stat. 110; Pub. L. 94–385, title I, § 109(d), Aug. 14, 1976, 90 Stat. 1130.)
§ 778. Management oversight review; report to Administrator
The Administrator may, for a period not to exceed thirty days in any one calendar year, provide for the exercise or performance of a management oversight review with respect to the conduct of any Federal or State (with consent of the Governor) energy program conducted pursuant to this chapter. Such review may be conducted by contract or by any Federal department or agency. A written report shall be submitted to the Administrator concerning the findings of the review.
(Pub. L. 93–275, § 19, May 7, 1974, 88 Stat. 111.)
§ 779. Coordination with, and technical assistance to, State governments
(a) Report to Congress and State governments: organization of Administration; report to the public, Congress and State governments; scope of nontechnical report; comments of State governments respecting rules, regulations, or policies and programs; energy shortages, status reports; information clearinghouseThe Administrator shall—
(1) coordinate Federal energy programs and policies with such programs and policies of State governments by providing—
(A) within sixty days of the effective date of this chapter, the Congress and State governments with a report on the manner in which he has organized the Administration based upon the functions delegated by the President or assigned to the Administrator by this chapter or under the authority of other Acts; and
(B) within one hundred and twenty days of the effective date of this chapter, the public, State governments, and all Members of the Congress with a report in nontechnical language which—
(i) describes the functions performed by the Administration;
(ii) sets forth in detail the organization of the Administration, the location of its offices (including regional, State, and local offices), the names and phone numbers of Administration officials, and other appropriate information concerning the operation of the Administration;
(iii) delineates the role that State, and Federal governments will or may perform in achieving the purposes of this chapter; and
(iv) provides the public with a clear understanding of their duties and obligations, rights, and responsibilities under any of the programs or functions of the Administration;
(2) before promulgating any rules, regulations, or policies, and before establishing any programs under the authority of this chapter, provide, where practicable, a reasonable period in which State governments may provide written comments if such rules, regulations, policies, or programs substantially affect the authority or responsibility of such State governments;
(3) provide, in accordance with the provisions of this chapter, upon request, to State governments all relevant information he possesses concerning the status and impact of energy shortages, the extent and location of available supplies and shortages of crude oil, petroleum products, natural gas, and coal, within the distribution area serving that particular State government; and
(4) provide for a central clearinghouse for Federal agencies and State governments seeking energy information and assistance from the Federal Government.
(b) Technical assistance; task forces; conferences: expenses of participation; model legislation; uniform criteria, procedures, and forms for grant or contract applications for State government energy proposalsPursuant to his responsibility under this section, the Administrator shall—
(1) provide technical assistance—including advice and consultation relating to State programs, and, where necessary, the use of task forces of public officials and private persons assigned to work with State governments—to assist State governments in dealing with energy problems and shortages and their impact and in the development of plans, programs, and policies to meet the problems and shortages so identified;
(2) convene conferences of State and Federal officials, and such other persons as the Administrator designates, to promote the purposes of this chapter, and the Administrator is authorized to pay reasonable expenses incurred in the participation of individuals in such conferences;
(3) draft and make available to State governments model legislation with respect to State energy programs and policies; and
(4) promote the promulgation of uniform criteria, procedures, and forms for grant or contract applications for energy proposals submitted by State governments.
(Pub. L. 93–275, § 20, May 7, 1974, 88 Stat. 111.)
§ 780. Office of Private Grievances and Redress
(a) Establishment; director; statement of purpose
(b) Petition for special redress, relief, or other extraordinary assistance; nature of remedy
(c) Statement for annual report; recommendations to Congress
(Pub. L. 93–275, § 21, May 7, 1974, 88 Stat. 112; Pub. L. 96–470, title II, § 203(h), Oct. 19, 1980, 94 Stat. 2244.)
§ 781. Comprehensive energy plan
(a) Report to President and Congress; analytical justification; scope of analysis
Pursuant and subject to the provisions and procedures set forth in this chapter, the Administrator shall, within six months from May 7, 1974, develop and report to the Congress and the President a comprehensive plan designed to alleviate the energy shortage, for the time period covered by this chapter. Such plan shall be accompanied by full analytical justification for the actions proposed therein. Such analysis shall include, but not be limited to—
(1) estimates of the energy savings of each action and of the program as a whole;
(2) estimates of any windfall losses and gains to be experienced by corporations, industries, and citizens grouped by socioeconomic class;
(3) estimates of the impact on supplies and consumption of energy forms consequent to such price changes as are or may be proposed; and
(4) a description of alternative actions which the Administrator has considered together with a rationale in explanation of the rejection of any such alternatives in preference to the measures actually proposed.
(b) Alterations; analytical justifications
(c) Monitoring activity
(Pub. L. 93–275, § 22, May 7, 1974, 88 Stat. 113.)
§ 782. Petrochemical report to Congress
(a) Scope of report
(1) effect of current petrochemical prices upon the current level of petrochemical exports, and export levels expected for 1975;
(2) effect of current and expected 1975 petrochemical export levels upon domestic petrochemical raw materials and products available to petrochemical producers, converters, and fabricators currently and in 1975;
(3) current contribution of petrochemical imports to domestic supplies and the expected contributions in 1975;
(4) anticipated economic effects of current and expected 1975 levels of domestic supplies of petrochemicals upon domestic producers, converters, and fabricators of petrochemical raw materials and products; and
(5) exact nature, extent, and sources of data and other information available to the Federal Government regarding the matters set forth in paragraphs (1) through (4) of this subsection, including the exact nature, extent, and sources of such data and information utilized in connection with the report required by this subsection.
(b) “Petrochemical” defined
(Pub. L. 93–275, § 23, May 7, 1974, 88 Stat. 113; Pub. L. 93–618, title I, § 171(b), Jan. 3, 1975, 88 Stat. 2009.)
§ 783. Hydroelectric generating facilities; lists, transmittal to Congress; construction schedule and cost estimates for expedited construction program; prospective accomplishments from expedited completion of facilities; statement of appropriated but not obligated fundsWithin ninety days of the effective date of this chapter, the Administrator of the Federal Energy Administration, in consultation with the Secretary of the Interior and the Secretary of the Army, shall—
(1) transmit to the Congress—
(A) a list of hydroelectric generating facilities and electric power transmission facilities which have been authorized for construction by the Congress and which are not yet completed, and
(B) a list of opportunities to increase the capacity of existing hydroelectric generating facilities, and
(2) provide, for each such facility which is listed—
(A) a construction schedule and cost estimates for an expedited construction program which would make the facility available for service at the earliest practicable date, and
(B) a statement of the accomplishments which could be provided by the expedited completion of each facility and a statement of any funds which have been appropriated but not yet obligated.
(Pub. L. 93–275, § 24, May 7, 1974, 88 Stat. 114.)
§ 784. Exports of coal and refined petroleum products
(a) File concerning export transactions, sales, exchanges or shipments: establishment and maintenance; scope of information
(b) Information and report to committee of Congress or head of Federal agency from Administrator; exception: disclosure detrimental to national security
(c) Information to Administrator from Federal agency
(d) Collection of independent information
(Pub. L. 93–275, § 25, May 7, 1974, 88 Stat. 114; Pub. L. 94–385, title I, § 111, Aug. 14, 1976, 90 Stat. 1132.)
§ 785. Foreign ownership; comprehensive review; sources of information; report to Congress; monitoring activity
The Administrator shall conduct a comprehensive review of foreign ownership of, influence on, and control of domestic energy sources and supplies. Such review shall draw upon existing information, where available, and any independent investigation necessary by the Administration. The Administrator shall, on or before the expiration of the one hundred and eighty day period following the effective date of this chapter, report to the Congress in sufficient detail so as to apprise the Congress as to the extent and forms of such foreign ownership of, influence on, and control of domestic energy sources and supplies, and shall thereafter continue to monitor such ownership, influence and control.
(Pub. L. 93–275, § 26, May 7, 1974, 88 Stat. 115.)
§ 786. Repealed. Pub. L. 95–91, title VII, § 709(a)(1), Aug. 4, 1977, 91 Stat. 607
§ 787. Project Independence Evaluation System documentation; access to model by Congress and public
The Administrator of the Federal Energy Administration shall—
(1) submit to the Congress, not later than September 1, 1976, full and complete structural and parametric documentation, and not later than January 1, 1977, operating documentation, of the Project Independence Evaluation System computer model;
(2) provide access to such model to representatives of committees of the Congress in an expeditious manner; and
(3) permit the use of such model on the computer system maintained by the Federal Energy Administration by any member of the public upon such reasonable terms and conditions as the Administrator shall, by rule, prescribe. Such rules shall provide that any member of the public who uses such model may be charged a fair and reasonable fee, as determined by the Administrator, for using such model.
(Pub. L. 93–275, § 31, as added Pub. L. 94–385, title I, § 113, Aug. 14, 1976, 90 Stat. 1132.)
§ 788. Use of commercial standards
(a) General notice of proposed rulemakingIf any proposed rule by the Administrator contains any commercial standards, or specifically authorizes or requires the use of any such standards, then any general notice of the proposed rulemaking shall—
(1) identify, by name, the organization which promulgated such standards; and
(2) state whether or not, in the judgment of the Administrator, such organization complied with the requirements of subsection (b) in the promulgation of such standards.
(b) Promulgation of commercial standardsAn organization complies with the requirements of this subsection in promulgating any commercial standards if—
(1) it gives interested persons adequate notice of the proposed promulgation of the standards and an opportunity to participate in the promulgation process through the presentation of their views in hearings or meetings which are open to the public;
(2) the membership of the organization at the time of the promulgation of the standards is sufficiently balanced so as to allow for the effective representation of all interested persons;
(3) before promulgating such standards, it makes available to the public any records of proceedings of the organization, and any documents, letters, memorandums, and materials, relating to such standards; and
(4) it has procedures allowing interested persons to—
(A) obtain a reconsideration of any action taken by the organization relating to the promulgation of such standards, and
(B) obtain a review of the standards (including a review of the basis or adequacy of such standards).
(c) Consultation with Attorney General and Chairman of Federal Trade Commission; impact of rules on competition
(d) Rules relating to Administration procurement activities
(e) Participation of Administration employees in organizations relating to promulgation of commercial standards
(f) “Commercial standards” definedAs used in this section, the term “commercial standards” means—
(1) specifications of materials;
(2) methods of testing;
(3) criteria for adequate performance or operation;
(4) model codes;
(5) classification of components;
(6) delineation of procedures or definition of terms;
(7) measurement of quantity or quality for evaluating or referring to materials, products, systems, services, or practices; or
(8) similar rules, procedures, requirements, or standards;
which are promulgated by any organization which is not a Federal entity. For purposes of the preceding sentence, any revision by any such organization of any such rule, procedure, requirement, or standard shall be considered to be the same as the promulgation of such standard.
(Pub. L. 93–275, § 32, as added Pub. L. 95–70, § 9, July 21, 1977, 91 Stat. 278.)
§ 789. Repealed. Pub. L. 104–106, div. D, title XLIII, § 4304(b)(2), Feb. 10, 1996, 110 Stat. 664