§ 17283. Coordination of planned refinery outages
(a)
Definitions
In this section:
(1)
Administrator
The term “Administrator” means the Administrator of the Energy Information Administration.
(2)
Planned refinery outage
(A)
In general
The term “planned refinery outage” means a removal, scheduled before the date on which the removal occurs, of a refinery, or any unit of a refinery, from service for maintenance, repair, or modification.
(B)
Exclusion
The term “planned refinery outage” does not include any necessary and unplanned removal of a refinery, or any unit of a refinery, from service as a result of a component failure, safety hazard, emergency, or action reasonably anticipated to be necessary to prevent such events.
(3)
Refined petroleum product
The term “refined petroleum product” means any gasoline, diesel fuel, fuel oil, lubricating oil, liquid petroleum gas, or other petroleum distillate that is produced through the refining or processing of crude oil or an oil derived from tar sands, shale, or coal.
(4)
Refinery
The term “refinery” means a facility used in the production of a refined petroleum product through distillation, cracking, or any other process.
(b)
Review and analysis of available information
The Administrator shall, on an ongoing basis—
(1)
review information on refinery outages that is available from commercial reporting services;
(2)
analyze that information to determine whether the scheduling of a refinery outage may nationally or regionally substantially affect the price or supply of any refined petroleum product by—
(A)
decreasing the production of the refined petroleum product; and
(B)
causing or contributing to a retail or wholesale supply shortage or disruption;
(3)
not less frequently than twice each year, submit to the Secretary a report describing the results of the review and analysis under paragraphs (1) and (2); and
(4)
specifically alert the Secretary of any refinery outage that the Administrator determines may nationally or regionally substantially affect the price or supply of a refined petroleum product.
(c)
Action by Secretary
On a determination by the Secretary, based on a report or alert under paragraph (3) or (4) of subsection (b), that a refinery outage may affect the price or supply of a refined petroleum product, the Secretary shall make available to refinery operators information on planned refinery outages to encourage reductions of the quantity of refinery capacity that is out of service at any time.
(d)
Limitation
Nothing in this section shall alter any existing legal obligation or responsibility of a refinery operator, or create any legal right of action, nor shall this section authorize the Secretary—
(1)
to prohibit a refinery operator from conducting a planned refinery outage; or
(2)
to require a refinery operator to continue to operate a refinery.