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U.S. Code as of:
01/19/04
Section 792. Coal conversion and allocation
(a) Powerplant and fuel burning installations
The Federal Energy Administrator -
(1) shall, by order, prohibit any powerplant, and
(2) may, by order, prohibit any major fuel burning
installation, other than a powerplant,
from burning natural gas or petroleum products as its primary
energy source, if the requirements of subsection (b) of this
section are met and if (A) the Federal Energy Administrator
determines such powerplant or installation on June 22, 1974, had,
or thereafter acquires or is designed with, the capability and
necessary plant equipment to burn coal, or (B) such powerplant or
installation is required to meet a design or construction
requirement under subsection (c) of this section.
(b) Prerequisites to issuance or effectiveness of orders
prohibiting use of natural gas or petroleum products as primary
energy source
The requirements referred to in subsection (a) of this section
are as follows:
(1) An order under subsection (a) of this section may not be
issued with respect to a powerplant or installation unless the
Federal Energy Administrator finds (A) that the burning of coal
by such plant or installation, in lieu of petroleum products or
natural gas, is practicable and consistent with the purposes of
this chapter, (B) that coal and coal transportation facilities
will be available during the period the order is in effect, and
(C) in the case of a powerplant, that the prohibition under
subsection (a) of this section will not impair the reliability of
service in the area served by such plant. Such an order shall be
rescinded or modified to the extent the Federal Energy
Administrator determines that any requirement described in
subparagraph (A), (B), or (C) of this paragraph is no longer met;
and such an order may at any time be modified if the Federal
Energy Administrator determines that such order, as modified,
complies with the requirements of this section.
(2)(A) Before issuing an order under subsection (a) of this
section which is applicable to a powerplant or installation for a
period ending on or before June 30, 1975, the Federal Energy
Administrator (i) shall give notice to the public and afford
interested persons an opportunity for written presentations of
data, views, and arguments, (ii) shall consult with the
Administrator of the Environmental Protection Agency, and (iii)
shall take into account the likelihood that the powerplant or
installation will be permitted to burn coal after June 30, 1975.
(B) An order described in subparagraph (A) of this paragraph
shall not become effective until the date which the Administrator
of the Environmental Protection Agency certifies pursuant to
section 1857c-10(d)(1)(A) (!1) of title 42 is the earliest date
that such plant or installation will be able to comply with the
air pollution requirements which will be applicable to it. Such
order shall not be effective for any period certified by the
Administrator of the Environmental Protection Agency pursuant to
section 1857c-10(d)(3)(B) (!1) of title 42.
(3)(A) Before issuing an order under subsection (a) of this
section which is applicable to a powerplant or installation after
June 30, 1975 (or modifying an order to which paragraph (2)
applies, so as to apply such order to a powerplant or
installation after such date), the Federal Energy Administrator
shall give notice to the public and afford interested persons an
opportunity for oral and written presentations of data, views,
and arguments.
(B) An order (or modification thereof) described in
subparagraph (A) of this paragraph shall not become effective
until (i) the Administrator of the Environmental Protection
Agency notifies the Federal Energy Administrator under section
1857c-10(d)(1)(B) (!1) of title 42 that such plant or
installation will be able on and after July 1, 1975, to burn coal
and to comply with all applicable air pollution requirements
without a compliance date extension under section 1857c-10(c)
(!1) of title 42, or (ii) if such notification is not given, the
date which the Administrator of the Environmental Protection
Agency certifies pursuant to section 1857c-10(d)(1)(B) (!1) of
title 42 is the earliest date that such plant or installation
will be able to comply with all applicable requirements of such
1857c-10 (!1) of title 42. Such order (or modification) shall not
be effective during any period certified by the Administrator of
the Environmental Protection Agency under section
1857c-10(d)(3)(B) (!1) of title 42.
(c) Construction and design of powerplants or other major fuel
burning installations
The Federal Energy Administrator may require that any powerplant
or other major fuel burning installation in the early planning
process (other than a combustion gas turbine or combined cycle
unit) be designed and constructed so as to be capable of using coal
as its primary energy source. No powerplant or other major fuel
burning installation may be required under this subsection to be so
designed and constructed, if the Administrator determines that (1)
in the case of a powerplant to do so is likely to result in an
impairment of reliability or adequacy of service, or (2) an
adequate and reliable supply of coal is not expected to be
available. In considering whether to impose a design and
construction requirement under this subsection, the Federal Energy
Administrator shall consider the existence and effects of any
contractual commitment for the construction of such facilities and
the capability of the owner to recover any capital investment made
as a result of any requirement imposed under this subsection.
(d) Allocation of coal
The Federal Energy Administrator may, by rule or order, allocate
coal (1) to any powerplant or major fuel-burning installation to
which an order under subsection (a) of this section has been
issued, or (2) to any other person to the extent necessary to carry
out the purposes of this chapter.
(e) Definitions
For purposes of this section:
(1) The term "powerplant" means a fossil-fuel fired electric
generating unit which produces electric power for purposes of
sale or exchange.
(2) The term "coal" includes coal derivatives.
(f) Expiration of authority; effective dates
(1) Authority to issue orders or rules under subsections (a)
through (d) of this section shall expire at midnight, December 31,
1978. Such a rule or order may take effect at any time before
January 1, 1985.
(2) Authority to amend, repeal, rescind, modify, or enforce such
rules or orders shall expire at midnight, December 31, 1984; but
the expiration of such authority shall not affect any
administrative or judicial proceeding which relates to any act or
omission which occurred prior to January 1, 1985.
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