Energy Policy and Conservation Act

Summary

Standby Energy Authorities Act - Sets forth the findings of Congress with regard to energy shortages. States that the purposes of this Act are to grant specific temporary standby authority to impose end-use rationing and to reduce demand by regulating public and private consumption of energy, subject to congressional review and right of approval or disapproval, and to authorize specified other temporary emergency actions to be exercised, to assure that the essential needs of the United States for fuels will be met. Authorizes the President to establish a program for the rationing and ordering of priorities among classes of end-users of crude oil, residual fuel oil, or any refined petroleum products. Provides that such a program shall take effect only if the President finds that it is necessary to achieve the objectives of this Act. Empowers the President to promulgate energy conservation plans which, subject to congressional review and right of approval of disapproval, may be implemented to reduce energy consumption to levels which can be supplied by available energy resources. Details the procedure for congressional review of energy conservation plans. Requires that any proposed energy conservation or rationing plan submitted to Congress for approval be accompanied by findings of fact on which the action is based, the rationale for the proposal, and an evaluation of the potential economic impact of the proposal. Authorizes the President to allocate supplies of material and equipment in order to maximize domestic energy supplies if he finds: (1) that such supplies are scarce and essential to maintain or further exploration, production, refining, transportation, and conservation of energy; and (2) such maintenance and furtherance cannot reasonably be accomplished without exercising authority specified in this Act. Requires the President to submit to Congress, within 30 days after enactment of this Act, a report on the manner in which such allocation is to be administered. Empowers the President to undertake measures to supplement domestic energy supplies. Authorizes the President to require on a mandatory basis that existing domestic oil fields on Federal lands produce at their maximum efficient rate. States that nothing in this Act shall be construed to authorize the production from specified Naval Petroleum Reserves. Requires that any allocation made under the Emergency Petroleum Allocation Act must be adjusted to take into account other factors besides the historical supply period now used as the allocation base. Provides for priority fuel allocations to be made to those engaged in the exploration, production, and transportation of fuels and other minerals. Provides that, to the maximum extent practicable, restrictions on the use of energy shall be designed to be carried out in such manner so as to be fair and to create a reasonable distribution of the burden on all sectors of the economy, without imposing an unreasonably disproportionate share on any specific industry, business, or commercial enterprise. Provides that, within 45 days after the date of enactment of this Act, the Civil Aeronautics Board, the Federal Maritime Commission, and the Interstate Commerce Commission shall report separately to the appropriate committees of Congress on the need for additional regulatory authority in order to conserve fuel while continuing to provide for the public convenience and necessity. States that, except as otherwise specifically provided in this Act, nothing in this Act shall be deemed to convey to any person subject to this Act any immunity from civil or criminal liability or to create defenses to actions, under the antitrust laws. Authorizes the Administrator of the Federal Energy Administration to provide for the establishment of such advisory committees as he determines are necessary. States that any such committees shall be subject to provisions of the Federal Advisory Committee Act. Requires that a full and complete verbatim transcript of all advisory committee meetings shall be kept and made available for public inspection and copying. Provides until June 30, 1985, for the establishment of voluntary agreements and plans of action to accomplish the objectives of this Act. Requires the Attorney General and the Federal Trade Commission to monitor the development, implementation, and carrying out of plans of action and voluntary agreements authorized under this Act to assure the protection and fostering of competition and the prevention of anticompetitive practices and effects. Provides that actions taken in good faith to implement a voluntary agreement or carry out a plan of action developed in accord with this Act constitute a limited defense to any civil or criminal action brought under the antitrust laws. States that such defense shall not apply to acts or practices (1) occurred prior to the enactment of this Act; (2) outside the scope and purpose or not in compliance with the terms and conditions of this Act; or (3) subsequent to the expiration or repeal of this Act. Authorizes the President to restrict exports of fuels and equipment needed for energy exploration and production under such terms as he deems appropriate and necessary to carry out the purpose of this Act, and taking into account the historical trading relations of the United States with Canada and Mexico. Sets forth the administrative procedures to govern actions taken pursuant to this Act and to a specified provision of the Emergency Petroleum Allocation Act. States that notice of all proposed substantive rules and orders of general applicability described in this Act shall be given by publication of such rule or order in the Federal Register, with a minimum of 10 days thereafter provided for opportunity to comment. Grants an exception to the 10-day requirement where the President finds that strict compliance would seriously impair the operation of the program to which such rule or order relates. Provides that judicial review of administrative rulemaking of general and national applicability done under this Act may be obtained only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia, or, in the case of rulemaking with less than national applicability, in the appropriate circuit court of appeals. States that notwithstanding the amounts in controversy, the U.S. district courts shall have exclusive original jurisdiction of all other cases or controversies arising under this Act, except any actions taken by specified commissions. Declares that the Administrator of the Federal Energy Administration may by rule prescribe procedures for State or local boards which carry out functions under this Act or the Emergency Petroleum Allocation Act. Provides for a civil penalty of not more than $2,500 for each violation of any provision of this Act or of rules, regulations, or orders issued pursuant to any such provision. Prescribes a fine or not more than $5,000 for each violation where such violation is willful. Makes it unlawful for any person to offer for sale or distribute in commerce any product or commodity in violation of an applicable order or regulation issued pursuant to this Act. States that any person who knowlingly and willfully violates this provision after having been subjected to a civil penalty for a prior violation of such provision shall be fined not more than $50,000 or imprisoned for not more than six months, or both. Authorizes the Attorney General to obtain temporary restraining orders or preliminary injunctions against actual or impending violations of this act. Provides that private individuals suffering legal wrong because of any act or practice arising out of a violation of this Act may seek an injunction or declaratory judgment, but may not recover damages. States that, within 90 days after the date of enactment of this Act, the Administrator of the Federal Energy Administration shall by rule, after opportunity for interested persons, to make oral presentations establish criteria for delegation of his functions under this Act or the Emergency Petroleum Allocation Act to officers or local boards (of balanced composition reflecting the community as a whole) of States or political subdivisions thereof. Allows appropriate offices and boards to petition for the receipt of such delegation. Directs the Administrator to provide financial assistance for the purpose of assisting eligible State or local energy conservation programs, with at least one half of such sums apportioned on the basis of each State's population. Sets forth criteria that a State must meet in order to be eligible to receive financial assistance. Authorizes to be appropriated for such purpose a sum not to exceed $50,000,000 for each of the two fiscal years including and following the effective date of this Act. Authorizes the Administrator to request, acquire, and collect such energy information as he determines is necessary to achieve the purposes of this act. Defines the term "energy information. Provides that the authority under this Act to prescribe any rule or order, or to enforce any such rule or order, shall expire at midnight, June 30, 1985, but such expiration shall not affect any action or pending proceedings not finally determined on such date. Authorizes to be appropriated to the Administrator such sums as are necessary to implement the provisions of this Act. Declares that if any provision of this Act, or the application of any such provision to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Directs the President to designate, where applicable and not otherwise provided by law, an appropriate Federal agency to carry out the provisions of this Act after the termination of the Federal Energy Administration in accordance with the Federal Energy Administration Act. Extends the mandatory allocation program under the Emergency Petroleum Allocation Act until December 31, 1980.

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Documents

3 official files

• Public Law (PDF)

  Public Law · EN · 22 December 1975

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• Conference report filed in House

  summary · EN · 9 December 1975

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• Introduced in Senate

  summary · EN · 7 February 1975

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