42 U.S.C. § 8353 — General requirements for exemptions

(a) Use of mixtures or fluidized bed combustion not feasible. Except for exemptions under section 8352(b), (f), or (i), the Secretary may grant a permanent exemption for a powerplant under this part only if: (1) the applicant proves that using a mixture of natural gas or petroleum and coal — or other alternate fuels — of the kind that would qualify for an exemption under section 8352(b), is not economically or technically feasible; and (2) the Secretary has not found that using a method of fluidized bed combustion of coal, or an alternate fuel, is economically and technically feasible. (b) No alternative power supply in case of a powerplant. (1) For an exemption under section 8352(b) or (g), the Secretary may not grant it for an existing powerplant unless the Secretary finds that the petitioner has proved there is no alternative supply of electric power available within a reasonable distance, at a reasonable cost, without impairing short-run or long-run reliability of service, that the petitioner could obtain despite reasonable good-faith efforts. (2) The Secretary must forward a copy of any such petition to the Federal Energy Regulatory Commission promptly after it is filed, and must consult with the Commission before making any finding on the petition under paragraph (1).