42 U.S.C. § 8323: General requirements for…

Summary

The Secretary can only give a permanent exemption for a powerplant in limited cases. Except for exemptions allowed under section 8322(d), the applicant must show that using a mix of natural gas or petroleum with coal or another alternate fuel is not workable either for technical or cost reasons. The Secretary also must not have found that burning coal or another alternate fuel by fluidized bed combustion is practical. If the State regulator has not approved the plant, the exemption that affects the rule in section 8311 about building without coal-use capability will not take effect until the State construction approvals are in place. Except for exemptions under section 8322(c), the Secretary cannot grant an exemption for a new plant unless the petitioner proves there is no nearby, reasonably priced alternative power source that meets reliability needs despite good-faith efforts. The Secretary must send each petition to the Federal Energy Regulatory Commission and consult with that Commission before making this finding.

Title 42, §8323

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

(a)Use of mixtures or fluidized bed combustion not feasible

Except in the case of an exemption under section 8322(d) 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 another alternate fuel, for which an exemption under section 8322(d) 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 another alternate fuel is economically and technically feasible.

(b)State approval required for powerplant

If the appropriate State regulatory authority has not approved a powerplant for which a petition has been filed, such exemption, to the extent it applies to the prohibition under section 8311 of this title against construction without the capability of using coal or another alternate fuel, shall not take effect until all approvals required by such State regulatory authority which relate to construction have been obtained.

(c)No alternative power supply in the case of a powerplant

(1)Except in the case of an exemption under section 8322(c) of this title, the Secretary may not grant an exemption for a new 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 such Commission before making any finding on such petition under paragraph (1).

Notes & Related Subsidiaries

Editorial Notes

Amendments

1987—Subsec. (a). Pub. L. 100–42, § 1(c)(7)(A), (B), in introductory provisions struck out “or (g)” after “8322(d)” and “or installation” after “powerplant”. Subsec. (b). Pub. L. 100–42, § 1(c)(7)(C), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “If the appropriate State regulatory authority has not approved a powerplant for which a petition has been filed, such exemption— “(1) to the extent it applies to the prohibition under section 8311(2) of this title against

Construction

without the capability of using coal or another alternate fuel, shall not take effect until all approvals required by such State regulatory authority which relate to

Construction

have been obtained; and “(2) to the extent it applies to the prohibition under section 8311(1) of this title against the use of natural gas or petroleum as a primary energy source, shall not take effect until all approvals required by such State regulatory authority which relate to

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or operation have been obtained.” Subsec. (c)(1). Pub. L. 100–42, § 1(c)(7)(A), in introductory provisions struck out “or (g)” after “section 8322(c)”.

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.

§8323 General Requirements for Exemptions

Summary

Title 42, §8323

Notes & Related Subsidiaries

Editorial Notes

Amendments

Construction

Construction

Construction

Statutory Notes and Related Subsidiaries

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