8483. 8484. Submission of reports. Electric utility conservation plan. (b) Submission and approval of plan. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 717y. SUBCHAPTER I-GENERAL PROVISIONS § 8301. Findings; statement of purposes (a) Findings The Congress finds that (1) the protection of public health and welfare, the preservation of national security, and the regulation of interstate commerce require the establishment of a program for the expended1 use, consistent with applicable environmental requirements, of coal and other alternate fuels as primary energy sources for existing and new electric powerplants; and (2) the purposes of this chapter are furthered in cases in which coal or other alternate fuels are used by electric powerplants, consistent with applicable environmental requirements, as primary energy sources in lieu of natural gas or petroleum. (b) Statement of purposes The purpose 2 of this chapter, which shall be carried out in a manner consistent with applicable environmental requirements, are— (1) to reduce the importation of petroleum and increase the Nation's capability to use indigenous energy resources of the United States to the extent such reduction and use further the goal of national energy self-sufficiency and otherwise are in the best interests of the United States; (2) to encourage and foster the greater use of coal and other alternate fuels, in lieu of natural gas and petroleum, as a primary energy source; (3) to the extent permitted by this chapter, to encourage the use of synthetic gas derived from coal or other alternate fuels; (4) to encourage the rehabilitation and upgrading of railroad service and equipment necessary to transport coal to regions or States which can use coal in greater quantities; 1 So in original. Probably should be "expanded". • So in original. Probably should be "purposes". (5) to encourage the modernization or replacement of existing and new electric powerplants which utilize natural gas or petroleum as a primary energy source and which cannot utilize coal or other alternate fuels where to do so furthers the conservation of natural gas and petroleum; (6) to require that existing and new electric powerplants which utilize natural gas, petroleum, or coal or other alternate fuels pursuant to this chapter comply with applicable environmental requirements; (7) to insure that all Federal agencies utilize their authorities fully in furtherance of the purposes of this chapter by carrying out programs designed to prohibit or discourage the use of natural gas and petroleum as a primary energy source and by taking such actions as lie within their authorities to maximize the efficient use of energy and conserve natural gas and petroleum in programs funded or carried out by such agencies; (8) to insure that adequate supplies of natural gas are available for essential agricultural uses (including crop drying, seed drying, irrigation, fertilizer production, and production of essential fertilizer ingredients for such uses); (9) to reduce the vulnerability of the United States to energy supply interruptions; and (10) to regulate interstate commerce. (Pub. L. 95-620, title I, § 102, Nov. 9, 1978, 92 Stat. 3291; Pub. L. 100-42, § 1(c)(1), May 21, 1987, 101 Stat. 310.) REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95-620, Nov. 9, 1978, 92 Stat. 3289, as amended, known as the Powerplant and Industrial Fuel Use Act of 1978, which enacted this chapter, amended sections 6211 and 7193 of this title, section 796 of Title 15, Commerce and Trade, section 1202 of Title 19, Customs Duties, sections 821, 822, and 825 of Title 45, Railroads, and section 26b of former Title 49, Transportation, and enacted provisions set out as notes under this section and section 822 of Title 45. For complete classification of this Act to the Code, see Short Title note set out below and Tables. AMENDMENTS 1987-Subsec. (a)(1), (2). Pub. L. 100-42, § 1(c)(1)(A), struck out "and major fuel-burning installations" after "electric powerplants". Subsec. (b)(2). Pub. L. 100-42, § 1(c)(1)(B), redesignated par. (3) as (2) and struck out former par. (2) relating to conservation of natural gas and petroleum for uses for which there are no alternatives. Subsec. (b)(3), (4). Pub. L. 100-42, § 1(c)(1)(B), redesignated pars. (4) and (5) as (3) and (4), respectively. Former par. (3) redesignated (2). Subsec. (b)(5). Pub. L. 100-42, § 1(c)(1), redesignated par. (7) as (5) and struck out “and major fuel-burning installations" after “electric powerplants". Former par. (5) redesignated (4). Subsec. (b)(6). Pub. L. 100–42, § 1(c)(1), redesignated par. (8) as (6) and struck out “and major fuel-burning installations" after "electric powerplants", and struck out former par. (6) which related to prohibition or minimization of use of natural gas and petroleum as a primary energy source. Subsec. (b)(7) to (10). Pub. L. 100-42, § 1(c)(1)(B), redesignated former pars. (9) to (12) as (7) to (10), respectively. Former pars. (7) and (8) redesignated (5) and (6), respectively. EFFECTIVE DATE Section 901 of Pub. L. 95-620 provided that: "Unless otherwise provided in this Act [see Short Title note set out below] the provisions of this Act shall take effect 180 days after the date of the enactment of this Act [Nov. 9, 1978], except that the Secretary may issue rules pursuant to such provisions at any time after such date of enactment, which rules may take effect no earlier than 180 days after such date of enactment." SHORT TITLE Section 101(a) of Pub. L. 95-620 provided that: "This Act [enacting this chapter, amending sections 6211 and 7193 of this title, section 796 of Title 15, Commerce and Trade, section 1202 of Title 19, Customs Duties, sections 821, 822 and 825 of Title 45, Railroads, and section 26b of former Title 49, Transportation, and enacting provisions set out as notes under this section and section 822 of Title 45] may be cited as the 'Powerplant and Industrial Fuel Use Act of 1978'." EXEMPTION FOR CERTAIN ELECTRIC POWERPLANTS AND TEMPORARY EXEMPTION ISSUED UNDER SECTION 8321(d) AS EFFECTIVE PRIOR TO 180 DAYS AFTER NOVEMBER 9, 1978 Section 902 of Pub. L. 95-620 provided that: "(a) EXEMPTIONS IN THE CASE OF CERTAIN POWERPLANTS.-In the case of "(1) any electric powerplant which, as of April 20, 1977, has received a final decision from the appropriate State agency authorizing the construction of such powerplant, and "(2) any electric powerplant (A) consisting of one or more combined cycle units owned or operated by an electric utility which serves at least 2,000,000 customers and (B) for which an application has been filed for at least one year before the date of the enactment of this Act [Nov. 9, 1978] with the appropriate State agency for authorization to construct such powerplant, the Secretary may receive, consider, and grant (or deny) any petition for an exemption under title II or III [subchapters II and III of this chapter] notwithstanding section 901 [section 901 of Pub. L. 95-620, set out as a note above] or the fact that all rules related to such petition have not been prescribed at the time. "(b) EXEMPTIONS UNDER SECTION 211(d).-The Secretary may receive, consider, and grant (or deny) any petition for any exemption under section 211(d) [section 8321(d) of this title] notwithstanding section 901 [section 901 of Pub. L. 95-620, set out as a note above], or the fact that all rules related to such petition have not been prescribed at the time." § 8302. Definitions (a) Generally Unless otherwise expressly provided, for the purposes of this chapter (1) The term "Secretary" means the Secretary of Energy. (2) The term "person" means any (A) individual, corporation, company, partnership, association, firm, institution, society, trust, joint venture, or joint stock company, (B) any State, the District of Columbia, Puerto Rico, and any territory or possession of the United States, or (C) any agency or instrumentality (including any municipality) thereof. (3)(A) Except as provided in subparagraph (B), the term "natural gas" means any fuel consisting in whole or in part of— (i) natural gas; (ii) liquid petroleum gas; (iii) synthetic gas derived from petroleum or natural gas liquids; or (iv) any mixture of natural gas and synthetic gas. (B) The term "natural gas" does not include (i) natural gas which is commercially unmarketable (either by reason of quality or quantity), as determined under rules prescribed by the Secretary; (ii) natural gas produced by the user from a well the maximum efficient production rate of which is less than 250 million Btu's per day; (iii) natural gas to the extent the exclusion of such gas is provided for in subsection (b) of this section; or (iv) synthetic gas, derived from coal or other alternate fuel, the heat content of which is less than 600 Btu's per cubic foot at 14.73 pounds per square inch (absolute) and 60 degrees Fahrenheit. (4) The term “petroleum” means crude oil and products derived from crude oil, other than (A) synthetic gas derived from crude oil; (C) liquid, solid, or gaseous waste byproducts of refinery operations which are commercially unmarketable, either by reason of quality or quantity, as determined under rules prescribed by the Secretary; or (D) petroleum coke or waste gases from industrial operations. (5) The term "coal" means anthracite and bituminous coal, lignite, and any fuel derivative thereof. (6) The term "alternate fuel" means electricity or any fuel, other than natural gas or petroleum, and includes (A) petroleum coke, shale oil, uranium, biomass, and municipal, industrial, or agricultural wastes, wood, and renewable and geothermal energy sources; (B) liquid, solid, or gaseous waste byproducts of refinery or industrial operations which are commercially unmarketable, either by reason of quality or quantity, as determined under rules prescribed by the Secretary; and (C) waste gases from industrial operations. (7)(A) The terms “electric powerplant” and "powerplant" mean any stationary electric generating unit, consisting of a boiler, a gas turbine, or a combined cycle unit, which produces electric power for purposes of sale or exchange and (i) has the design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 100 million Btu's per hour or greater; or (ii) is in a combination of two or more electric generating units which are located at the same site and which in the aggregate have a design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 250 million Btu's per hour or greater. (B) For purposes of subparagraph (A), the term "electric generating unit" does not include― (i) any electric generating unit subject to the licensing jurisdiction of the Nuclear Regulatory Commission; and (ii) any cogeneration facility, less than half of the annual electric power generation of which is sold or exchanged for resale, as determined by the Secretary. (C) For purposes of clause (ii) of subparagraph (A), there shall be excluded any unit which has a design capability to consume any fuel (including any mixture thereof) that does not equal or exceed 100 million Btu's per hour and the exclusion of which for purposes of such clause is determined by the Secretary, by rule, to be appropriate. (8) The term "new electric powerplant" means (A) any electric powerplant for which construction or acquisition began on a date on or after November 9, 1978; and (B) any electric powerplant for which construction or acquisition began on a date after April 20, 1977, and before November 9, 1978, unless the Secretary finds the construction or acquisition of such powerplant could not be canceled, rescheduled, or modified to comply with the applicable requirements of this chapter without (i) adversely affecting electric system reliability (as determined by the Secretary after consultation with the Federal Energy Regulatory Commission and the appropriate State authority), or (ii) imposing substantial financial penalty (as determined under rules prescribed by the Secretary). (9)(A) The term "existing electric powerplant" means any electric powerplant other than a new electric powerplant. (B) Any powerplant treated under this chapter as an existing electric powerplant shall not be treated thereafter as a new electric powerplant merely by reason of a transfer of ownership. (10)(A) The terms “major fuel-burning installation" and "installation” means a stationary unit consisting of a boiler, gas turbine unit, combined cycle unit, or internal combustion engine which (1) has a design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 100 million Btu's per hour or greater; or (ii) is in a combination of two or more such units which are located at the same site and which in the aggregate have a design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 250 million Btu's per hour or greater. (B) The terms “major fuel-burning installation" and "installation" do not include— (i) any electric powerplant; or (ii) any pump or compressor used solely in connection with the production, gathering, transmission, storage, or distribution of gases or liquids, but only if there is certification to the Secretary of such use (in ac cordance with rules prescribed by the Secretary). (C) For purposes of clause (ii) of subparagraph (A), there shall be excluded any unit which has a design capability to consume any fuel (including any mixture thereof) that does not equal or exceed 100 million Btu's per hour and the exclusion of which for purposes of such clause is determined by the Secretary, by rule to be appropriate. (11) The term "new major fuel-burning installation" means (A) any major fuel-burning installation on which construction or acquisition began on a date on or after November 9, 1978; and (B) any major fuel-burning installation on which construction or acquisition began on a date after April 20, 1977, and before November 9, 1978, unless the Secretary finds the construction or acquisition of such installation could not be canceled, rescheduled, or modified to comply with applicable requirements of this chapter without (i) incurring significant operational detriment of the unit (as determined by the Secretary); or (ii) imposing substantial financial penalty (as determined under rules prescribed by the Secretary). (12)(A) The term "existing major fuel-burning installation" means any installation which is not a new major fuel-burning installation. (B) Such term does not include a major fuel-burning installation for the extraction of mineral resources located— (i) on or above the Continental Shelf of the United States, or (ii) on wetlands areas adjacent to the Continental Shelf of the United States, where coal storage is not practicable or would produce adverse effects on environmental quality. (C) Any installation treated as an existing major fuel-burning installation shall not be treated thereafter as a new major fuel-burning installation merely by reason of a transfer of ownership. (13) The term "construction or acquisition began" means, when used with reference to a certain date, that— (A) construction in accordance with final drawings or equivalent design documents (as defined by the Secretary, by rule) began on or after that date; or (B)(i) construction or acquisition had been contracted for on or after that date, or (ii) if the construction or acquisition had been contracted for before such date, such construction or acquisition could be canceled, rescheduled, or modified to comply with the applicable requirements of this chapter (I) without imposing substantial financial penalty, as determined under rules prescribed by the Secretary; and (II) in the case of a powerplant, without adversely affecting electric system reliability (as determined by the Secretary Federal after consultation with the (14) The term "construction" means substantial onsite construction or reconstruction, as defined by rule by the Secretary. (15) The term "primary energy source" means the fuel or fuels used by any existing or new electric powerplant, except it does not include, as determined under rules prescribed by the Secretary (A) the minimum amounts of fuel required for unit ignition, startup, testing, flame stabilization, and control uses, and (B) the minimum amounts of fuel required to alleviate or prevent (i) unanticipated equipment outages and (ii) emergencies directly affecting the public health, safety, or welfare which would result from electric power outages. (16) The term "site limitation" means, when used with respect to any powerplant, any specific physical limitation associated with a particular site which relates to the use of coal or other alternate fuels as a primary energy source for such powerplant, such as (A) inaccessibility to coal or other alternate fuels; (B) lack of transportation facilities for coal or other alternate fuels; (C) lack of adequate land or facilities for the handling, use, and storage of coal or other alternate fuels; (D) lack of adequate land or facilities for the control or disposal of wastes from such powerplant, including lack of pollution control equipment or devices necessary to assure compliance with applicable environmental requirements; and (E) lack of an adequate and reliable supply of water, including water for use in compliance with applicable environmental requirements. (17) The term “applicable environmental requirements" includes (A) any standard, limitation, or other requirement established by or pursuant to Federal or State law (including any final order of any Federal or State court) applicable to emissions of environmental pollutants (including air and water pollutants) or disposal of solid waste residues resulting from the use of coal or other alternate fuels or natural gas or petroleum as a primary energy source or from the operation of pollution control equipment in connection with such use, taking into account any variance of law granted or issued in accordance with Federal law or in accordance with State law to the extent consistent with Federal law; and (B) any other standard, limitation, or other requirement established by, or pursuant to, the Clean Air Act [42 U.S.C. 7401 et seq.), the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.), the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.], or the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.). (18)(A) The term "peakload powerplant" means a powerplant the electrical generation of which in kilowatt hours does not exceed, for any 12-calendar-month period, such powerplant's design capacity multiplied by 1,500 hours. (B) The term "intermediate load powerplant" means a powerplant (other than a peakload powerplant), the electrical generation of which in kilowatt hours does not exceed, for any 12-calendar-month period, such powerplant's design capacity multiplied by 3,500 hours. (C) The term "base load powerplant" means a powerplant the electrical generation of which in kilowatt hours exceeds, for any 12calendar-month period, such powerplant's design capacity multiplied by 3,500 hours. (D) Not later than 90 days after November 9, 1978, the Federal Energy Regulatory Commission shall prescribe rules under which a powerplant's design capacity may be determined for purposes of this paragraph. (19) the 1 term "cogeneration facility" means an electric powerplant which produces (A) electric power; and (B) any other form of useful energy (such as steam, gas, or heat) which is, or will be, used for industrial, commercial, or space heating purposes. (20) The term "cost", unless the context indicates otherwise, means total costs (both operating and capital) incurred over the estimated remaining useful life of an electric powerplant, discounted to present value, as determined by the Secretary (in the case of powerplants, in consultation with the State regulatory authorities). In the case of an electric powerplant, such costs shall take into account any change required in the use of existing electric powerplants in the relevant dispatching system and other economic factors which are included in planning for the production, transmission, and distribution of electric power within such system. (21) The term "State regulatory authority" means any State agency which has ratemaking authority with respect to the sale of electricity by any State regulated electric utility. (22) The term "air pollution control agency" has the same meaning as given such term by section 302(b) of the Clean Air Act [42 U.S.C. 7602(b)]. (23) The term "electric utility" means any person, including any affiliate, or Federal agency which sells electric power. (24) The term "affiliate", when used in relation to a person, means another person which controls, is controlled by, or is under common control with, such person. (25) The term "Federal agency" means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include (A) the Congress; 1 So in original. Probably should be capitalized. |