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

submitted 48 years ago by Pub. L. 95-620 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 239 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section adds conditions for permanent exemptions. Generally, an applicant must show that fuel mixtures are not feasible, and certain existing plants must show that no reasonably available alternative electric supply exists.

(a) Mixtures or fluidized-bed combustion not feasible. Except for an exemption under section 8352(b), (f), or (i), the Secretary may grant a permanent exemption only if: (1) the applicant shows that using a mixture of natural gas or petroleum with coal or another alternate fuel, for which section 8352(b) would allow an exemption, is not economically or technically feasible; and (2) the Secretary has not found that fluidized-bed combustion of coal or an alternate fuel is economically and technically feasible. (b) No alternative power supply for a powerplant. (1) For an exemption under section 8352(b) or (g), the Secretary may not grant an exemption for an existing plant unless the petitioner shows that, despite reasonable good-faith efforts, no alternative electric supply is available within a reasonable distance and at a reasonable cost, can be obtained by the petitioner, and would not impair short-term or long-term service reliability. (2) The Secretary must promptly send the petition to the Federal Energy Regulatory Commission after filing and consult the Commission before making the paragraph (1) finding.

the actual law source: uscode.house.gov ↗public domain
(a) Use of mixtures or fluidized bed combustion not feasible

Except in the case of an exemption under section 8352(b), (f), or (i) of this title, the Secretary may grant a permanent exemption for a powerplant under this part only—

(1)

if the applicant has demonstrated that the use of a mixture of natural gas or petroleum and coal (or other alternate fuels), for which an exemption under section 8352(b) of this title 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 an alternate fuel is economically and technically feasible.

(b) No alternative power supply in case of a powerplant
(1)

In the case of an exemption under section 8352(b) or (g) of this title, the Secretary may not grant an exemption for an existing 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 the Commission before making any finding on such petition under paragraph (1).

Source credit: (Pub. L. 95–620, title III, § 313, Nov. 9, 1978, 92 Stat. 3313; Pub. L. 100–42, § 1(c)(10), (13), May 21, 1987, 101 Stat. 313.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-620 · 92 Stat. 3313
  • 1987Amended · Pub. L. 100-42 · 101 Stat. 313

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-620 on 1978-11-09.

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