§ 8323. General requirements for exemptions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Pub. L. 95–620 title II § 213 · 92 Stat. 3289

   Enacted · 42 U.S.C. § 8323

   Pub. L. 95–620, title II, § 213, Nov. 9, 1978, 92 Stat. 3304

   Source evidence

   Code source credit
   Pub. L. 95–620, title II, § 213, Nov. 9, 1978, 92 Stat. 3304

   Enacted provision · exact public law section
   SEC. 213. GENERAL REQUIREMENTS FOR EXEMPTIONS. (a) 42 USC 8323. Use of Mixtures or Fluidized Bed Combustion Not Feasible.— Except in the case of an exemption under section 212 (d) or (g), the Secretary may grant a permanent exemption for a powerplant or installation under this subtitle only— (1) 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 section 212(d) 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.— If the appropriate State regulatory authority has not approved a powerplant for which a petition has been filed, such exemption— (1) to the extent it applies to the prohibition under section 201 (2) 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; ana (3) to the extent it applies to the prohibition under section 201 (1) 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. (c) No Alternative Power Supply in the Case of a Powerplant.— (1) Except in the case of an exemption under section 212 (c) or (g), 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) Petition and consultation. The Secretary shall forward a copy of any such petition to the consultation. 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).

2. 1987

   Pub. L. 100–42 § 1(c)(7)(A) · 101 Stat. 310

   Struck · 42 U.S.C. § 8323(a)

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

   Source evidence

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

   Enacted provision · exact public law section
   (A) in subsections (a) and (c)(1), by striking “or (g)”;

3. 1987

   Pub. L. 100–42 § 1(c)(7)(C) · 101 Stat. 310

   Amended · 42 U.S.C. § 8323(b)

   Pub. L. 100–42, § 1(c)(7)(C), 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—

   Source evidence

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

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

   Enacted provision · exact public law section
   (C) by amending subsection (b) to read as follows: “(b) State Approval Required for Powerplant.— If 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 section 201 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.”.

4. 1987

   Pub. L. 100–42 § 1(c)(7)(A) · 101 Stat. 310

   Struck · 42 U.S.C. § 8323(c)(1)

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

   Source evidence

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

   Enacted provision · exact public law section
   (A) in subsections (a) and (c)(1), by striking “or (g)”;

4 of 4 references resolved to an enrolled provision