§8311 Coal capability of new electric powerplants; certification of compliance

Summary

New base-load electric powerplants must be able to use coal or another alternate fuel as their main energy source, unless part B allows otherwise. If a new plant plans to use natural gas or oil as its main fuel, the owner or operator must certify to the Secretary before construction—or before it starts operating as a base-load plant if it was built as a peak or intermediate plant—that the plant can use coal or another alternate fuel. The certification is effective when filed. The Secretary must publish a notice in the Federal Register within 15 days after getting the certification and may ask for documents to verify the claim within 60 days. A plant counts as having that capability if its design would allow adding the equipment needed (including pollution controls) to burn coal or another alternate fuel, and if nothing about its physical, structural, or technical condition keeps it from using those fuels. The rule applies only to base-load plants. Hours run for emergencies, as defined and reported to the Secretary, do not count when deciding if a plant is a base-load plant.