§8472 Effect of Orders Under Section 792 of Title 15

Summary

Orders given under section 792 of title 15 that were still in progress when this chapter took effect must be treated like they apply to a new electric powerplant or major fuel-burning installation under this chapter. If a construction order was already final before that date, subchapter II does not apply to that plant. Prohibition orders issued before the chapter took effect, whether still in progress, final, or later set aside on review, are not covered by subchapters II and III. But a plant with a pending prohibition order on that date can choose to be covered by subchapter II or III instead. That choice is final and must follow the form the Secretary sets within 90 days after November 9, 1978, and must be made no later than 60 days after the Secretary sets the form. Existing orders remain valid and the Secretary can change or enforce them despite time limits. Except as above, the Secretary’s power under section 792 ends when the chapter took effect.