42 U.S.C. § 8323 | General requirements for exemptions

(a)

Use of mixtures or fluidized bed combustion not feasible

section 8322(d) of this titleExcept in the case of an exemption under , the Secretary may grant a permanent exemption for a powerplant under this part only—

(1)

section 8322(d) of this title 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 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

section 8311 of this titleIf 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 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)

section 8322(c) of this title Except in the case of an exemption under , 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).

Pub. L. 95–620, title II, § 213Nov. 9, 197892 Stat. 3304 Pub. L. 100–42, § 1(c)(7)May 21, 1987101 Stat. 312 (, , ; , , .)

Editorial Notes

Amendments

Pub. L. 100–42, § 1(c)(7)(A)1987—Subsec. (a). , (B), in introductory provisions struck out “or (g)” after “8322(d)” and “or installation” after “powerplant”.

Pub. L. 100–42, § 1(c)(7)(C)Subsec. (b). , 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—

section 8311(2) of this title“(1) to the extent it applies to the prohibition under 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

section 8311(1) of this title“(2) to the extent it applies to the prohibition under 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 construction or operation have been obtained.”

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

Statutory Notes and Related Subsidiaries

November 9, 1978Exemption for Certain Electric Powerplants as Effective Prior to 180 Days After

Nov. 9, 1978section 902(a) of Pub. L. 95–620 section 8301 of this titleFor effectiveness of exemption for certain electric powerplants as prior to 180 days after , see , set out as a note under .