§8323 General requirements for exemptions

Summary

The Secretary can only grant a permanent exemption for a powerplant if two things are true (unless the exemption is under section 8322(d)). First, the applicant must show that using a mix of natural gas or petroleum with coal or another alternate fuel (the kind covered by section 8322(d)) is not practical for technical or cost reasons. Second, the Secretary must not have already found that fluidized bed combustion of coal or another alternate fuel is practical and affordable. If the State regulator has not yet approved the plant when the petition is filed, any exemption that affects the rule in section 8311 about building without the ability to use coal or another alternate fuel will not take effect until the State’s required construction approvals are in hand. For new powerplants (except under section 8322(c)), the Secretary must also find that the petitioner tried in good faith to get power from a nearby, reasonably priced source that would not harm short‑ or long‑term reliability and could not obtain it. The Secretary must send the petition to the Federal Energy Regulatory Commission right away and consult with that Commission before making the finding about alternative supplies.