Page:United States Statutes at Large Volume 92 Part 3.djvu/661

 PUBLIC LAW 95-620—NOV. 9, 1978 (6) 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 the date of enactment of this Act; and (B) any electric powerplant for which construction or acquisition began on a date after April 20, 1977, and before the date of the enactment of this Act, 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 Act 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.

92 STAT. 3293

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