42 U.S.C. § 8341: Existing electric powerplants

Summary

Owners or operators of an existing electric powerplant can tell the Secretary whether their plant can use coal or another alternate fuel as the main fuel, whether it could do so without major rebuilding or a big drop in power output, and whether switching would make financial sense. If the owner answers yes to those three things and the Secretary agrees after review, the Secretary may ban the plant from using petroleum or natural gas as the primary fuel, following the law’s procedures. Owners can also say whether a mix of oil or gas with coal (or another alternate fuel) is technically and financially possible. If the Secretary agrees, the Secretary may limit oil or gas in that mix to no more than what is needed to keep the unit running reliably and with reasonable fuel efficiency. Owners may update their certifications at any time unless a final ban has already been issued based on that certification.

Title 42, §8341

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(a)Certification by powerplants of coal capability

At any time, the owner or operator of an existing electric powerplant may certify to the Secretary, for purposes of subsection (b)—

(1)whether or not such powerplant has or previously had the technical capability to use coal or another alternate fuel as a primary energy source;

(2)whether or not such powerplant could have the technical capability to use coal or another alternate fuel as a primary energy source without having—

(A)substantial physical modification of the powerplant, or

(B)substantial reduction in the rated capacity of the powerplant; and

(3)whether or not it is financially feasible to use coal or another alternate fuel as a primary energy source in such a powerplant.

(b)Authority of Secretary to prohibit where coal or alternate fuel capability exists

The Secretary may prohibit, in accordance with section 8343(a) or (b) of this title, the use of petroleum or natural gas, or both, as a primary energy source in any existing electric powerplant, if an affirmative certification under subsection (a)(1), (2), and (3) is in effect with respect to such powerplant and if, after examining the basis for the certification, the Secretary concurs with the certification.

(c)Authority of Secretary to prohibit excessive use in mixtures

At any time, the owner or operator of an existing electric powerplant may certify to the Secretary for purposes of this subsection whether or not it is technically and financially feasible to use a mixture of petroleum or natural gas and coal or another alternate fuel as a primary energy source in that powerplant. If an affirmative certification under this subsection is in effect with respect to such powerplant and if, after examining the basis for the certification, the Secretary concurs with the certification, the Secretary may prohibit, in accordance with section 8343(a) of this title, the use of petroleum or natural gas, or both, in such powerplant in amounts in excess of the minimum amount necessary to maintain reliability of operation of the unit consistent with maintaining reasonable fuel efficiency of such mixture.

(d)Amendment of subsection (a) and (c) certifications

The owner or operator of any such powerplant may at any time amend any certification under subsection (a) or (c) in order to take into account changes in relevant facts and circumstances; except that no such amendment to such a certification may be made after the date of any final prohibition under subsection (b) or (c) based on that certification.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 8341, Pub. L. 95–620, title III, § 301, Nov. 9, 1978, 92 Stat. 3305, related to existing electric powerplants, prior to repeal by Pub. L. 97–35, title X, § 1021(a), Aug. 13, 1981, 95 Stat. 614.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Aug. 13, 1981, see section 1038 of Pub. L. 97–35, set out as an

Effective Date

of 1981 Amendment note under section 6240 of this title. Validity of Orders Under Former Provisions of This Section Pub. L. 97–35, title X, § 1022, Aug. 13, 1981, 95 Stat. 616, provided that: “(a) The

Amendments

made by section 1021 to section 301(b) and (c) of the Powerplant and Industrial Fuel Use Act of 1978 [subsecs. (b) and (c) of this section] shall not apply to any electric powerplant for which a final order was issued pursuant to section 301(b) or (c) of such Act before the date of the enactment of this Act [Aug. 13, 1981]. “(b) Any electric powerplant issued a proposed order under section 301(b) or (c) of such Act which is pending on the date of the enactment of this Act may elect not to have the

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made by section 1021 to such section 301(b) or (c) apply with respect to that powerplant. Such an election shall be irrevocable and shall be made in such form and manner as the Secretary of Energy shall, within 45 days after the date of the enactment of this Act, prescribe. Such an election shall be made not later than 60 days after the date on which the Secretary of Energy prescribes the form and manner of making such election. “(c)(1) The

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made by section 1021 shall not affect the validity of any final order issued under section 301(b) or (c) of the Powerplant and Industrial Fuel Use Act of 1978 before the date of the enactment of this Act. “(2) The validity of any proposed order issued under such section 301(b) or (c) shall not be affected in the case of powerplants covered by elections made under subsection (b). “(3) The authority of the Secretary of Energy to amend, repeal, rescind, modify, or enforce any order referred to in paragraph (1) or (2), or rules applicable thereto, shall remain in effect notwithstanding any such

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.”

§8341 Existing Electric Powerplants

Summary

Title 42, §8341

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Amendments

Amendments

Amendments

Amendments

Citations & Metadata