§8353 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary can only give a permanent exemption for a power plant, except for exemptions under 8352(b), (f), or (i), if two things are true. First, the applicant must prove that using a mix of natural gas or oil with coal (or other allowed fuels) is not practical or affordable. Second, the Secretary must not have already found that a fluidized bed way of burning coal or other fuel is practical and affordable. For exemptions under 8352(b) or (g) for an existing plant, the Secretary must not approve the exemption unless the petitioner shows there is no other nearby, reasonably priced power source the petitioner can get without hurting short‑ or long‑term reliability, even after trying in good faith. The Secretary must also send the petition to the Federal Energy Regulatory Commission and consult with that Commission before deciding.

Title 42, §8353

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Except in the case of an exemption under section 8352(b), (f), or (i) of this title, the Secretary may grant a permanent exemption for a powerplant under this part only—

(1)if the applicant has demonstrated that the use of a mixture of natural gas or petroleum and coal (or other alternate fuels), for which an exemption under section 8352(b) of this title would be available, is not economically or technically feasible; and

(2)if the Secretary has not made a finding that the use of a method of fluidized bed combustion of coal or an alternate fuel is economically and technically feasible.

(b)(1)In the case of an exemption under section 8352(b) or (g) of this title, the Secretary may not grant an exemption for an existing powerplant unless he finds that the petitioner has demonstrated that there is no alternative supply of electric power which is available within a reasonable distance at a reasonable cost without impairing short-run or long-run reliability of service and which can be obtained by the petitioner, despite reasonable good faith efforts.

(2)The Secretary shall forward a copy of any such petition to the Federal Energy Regulatory Commission promptly after it is filed with the Secretary and shall consult with the Commission before making any finding on such petition under paragraph (l).

Notes & Related Subsidiaries

Editorial Notes

Amendments

1987—Subsec. (a). Pub. L. 100–42, § 1(c)(13), struck out “or installation” after “powerplant” in introductory provisions. Pub. L. 100–42, § 1(c)(10), which directed the substitution of “or (i)” for “(i), or (j)” was executed by making the substitution for “(i) or (j)” to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Exemption for Certain Electric Powerplants as Effective Prior to 180 Days After November 9, 1978For effectiveness of exemption for certain electric powerplants as prior to 180 days after Nov. 9, 1978, see section 902(a) of Pub. L. 95–620, set out as a note under section 8301 of this title.

§8353 General requirements for exemptions