Page:United States Statutes at Large Volume 92 Part 3.djvu/663

 PUBLIC LAW 95-620—NOV. 9, 1978

92 STAT. 3295

(13) The term "construction or acquisition began" means, when used with reference to a certain date, that— (A) construction in accordance with final drawings or equivalent design documents (as defined by the Secretary, by rule) began on or after that date; or (B)(i) construction or acquisition had been contracted for on or after that date, or (ii) if the construction or acquisition had been contracted for before such date, such construction or acquisition could be canceled, rescheduled, or modified to comply with the applicable requirements of this Act— (I) without imposing substantial financial penalty, as determined under rules prescribed by the Secretary; (II) in the case of a powerplant, without adversely affecting electric system reliability (as determined by the Secretary after consultation with the Federal Energy Regulatory Commission and the appropriate State authority); or ( III) in the case of a major fuel-burning installation, without incurring significant operational detriment of the unit (as determined by the Secretary). (14) The term "construction" means substantial onsite construction or reconstruction, as defined by rule by the Secretary. (15) The term "primary energy source" means the fuel or fuels used by any existing or new electric powerplant or major fuelburning installation, except it does not include, as determined under rules prescribed by the Secretary— (A) the minimum amounts of fuel required for unit ignition, startup, testing, flame stabilization, and control uses, and (B) the minimum amounts of fuel required to alleviate or prevent (i) unanticipated equipment outages and (ii) emergencies directly affecting the public health, safety, or welfare which would result from electric power outages. (16) The term "site limitation" means, when used with respect to any powerplant or installation, any specific physical limitation associated with a particular site which relates to the use of coal or other alternate fuels as a primary energy source for such powerplant or installation, such as— (A^ inaccessibility to coal or other alternate fuels; (B) lack of transportation facilities for coal or other alternate fuels; (C) lack of adequate land or facilities for the handling, use, and storage of coal or other alternate fuels; (D) lack of adequate land or facilities for the control or disposal of wastes from such powerplant or installation, including lack of pollution control equipment or devices necessary to assure compliance with applicable environmental requirements; and (E) lack of an adequate and reliable supply of water, including water for use in compliance with applicable environmental requirements. (17) The term "applicable environmental requirements" includes— (A) any standard, limitation, or other requirement established by or pursuant to Federal or State law (including any final order of any Federal or State court) applicable to emis-

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