II 

110TH CONGRESS 

2D SESSION S. 3170 

To amend the Energy Policy and Conservation Act to modify the conditions 

for the release of products from the Northeast Home Heating Oil Reserve 

Account, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 19, 2008 

Ms. SNOWE (for herself, Mr. DODD, and Mr. KERRY) introduced the following 

bill; which was read twice and referred to the Committee on Energy and 

Natural Resources 

A BILL 

To amend the Energy Policy and Conservation Act to modify 

the conditions for the release of products from the 

Northeast Home Heating Oil Reserve Account, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. RELEASE OF PRODUCTS FROM NORTHEAST 

4 HOME HEATING OIL RESERVE ACCOUNT. 

5 Section 183 of the Energy Policy and Conservation 

6 Act (42 U.S.C. 6250b) is amended by striking subsection 

7 (a) and inserting the following: 

8 ‘‘(a) FINDINGS.— 

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1 ‘‘(1) OPTIONAL RELEASES.— 

2 ‘‘(A) IN GENERAL.—Subject to paragraph 

3 (2), the Secretary may sell products from the 

4 Reserve only on a finding by the President 

5 that— 

6 ‘‘(i) there is a severe energy supply 

7 interruption; or 

8 ‘‘(ii) the price of home heating oil 

9 threatens the health and safety of resi10 dents of the Northeast. 

11 ‘‘(B) REQUIREMENT.—The President may 

12 make a finding under subparagraph (A) only if 

13 the President determines that— 

14 ‘‘(i) a dislocation in the heating oil 

15 market has resulted from an interruption 

16 described in subparagraph (A)(i); 

17 ‘‘(ii) the price of home heating oil has 

18 increased by such an extent that the 

19 Northeast is experiencing, or will experi20 ence, an emergency situation that threat21 ens the safety and health of residents of 

22 the Northeast; or 

23 ‘‘(iii)(I) a circumstance (other than a 

24 circumstance described in clause (i) or (ii)) 

25 exists that constitutes a regional supply 

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1 shortage of significant scope and duration; 

2 and 

3 ‘‘(II) action taken under this section 

4 would assist directly and significantly in 

5 reducing the adverse impact of the short6 age. 

7 ‘‘(2) MANDATORY RELEASES.— 

8 ‘‘(A) IN GENERAL.—For each fiscal year, 

9 the Secretary shall sell— 

10 ‘‘(i) 20 percent of the quantity of 

11 products in the Reserve as of November 1 

12 of that fiscal year, on a finding by the 

13 President that the average retail price of 

14 No. 2 heating oil in the Northeast (as re15 ported in the retail price data of the En16 ergy Information Administration for the 

17 Northeast) is equal to or more than $4.00 

18 per gallon on November 1 of that fiscal 

19 year; 

20 ‘‘(ii) 20 percent of the quantity of 

21 products in the Reserve as of November 1 

22 of that fiscal year, on a finding by the 

23 President that the average retail price of 

24 No. 2 heating oil in the Northeast (as so 

25 reported) is equal to or more than $4.00 

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1 per gallon on December 1 of that fiscal 

2 year; 

3 ‘‘(iii) 20 percent of the quantity of 

4 products in the Reserve as of November 1 

5 of that fiscal year, on a finding by the 

6 President that the average retail price of 

7 No. 2 heating oil in the Northeast (as so 

8 reported) is equal to or more than $4.00 

9 per gallon on January 1 of that fiscal year; 

10 ‘‘(iv) 20 percent of the quantity of 

11 products in the Reserve as of November 1 

12 of that fiscal year, on a finding by the 

13 President that the average retail price of 

14 No. 2 heating oil in the Northeast (as so 

15 reported) is equal to or more than $4.00 

16 per gallon on February 1 of that fiscal 

17 year; and 

18 ‘‘(v) 20 percent of the quantity of 

19 products in the Reserve as of November 1 

20 of that fiscal year, on a finding by the 

21 President that the average retail price of 

22 No. 2 heating oil in the Northeast (as so 

23 reported) is equal to or more than $4.00 

24 per gallon on March 1 of that fiscal year. 

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1 ‘‘(B) USE OF REVENUE.—The Secretary 

2 shall use any revenue derived from the sale of 

3 products in the Reserve under subparagraph 

4 (A) to provide assistance to low-income con5 sumers of heating oil under the Weatherization 

6 Assistance Program for Low-Income Persons 

7 established under part A of title IV of the En8 ergy Conservation and Production Act (42 

9 U.S.C. 6861 et seq.).’’. 

Æ 

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