Page:United States Statutes at Large Volume 92 Part 3.djvu/666

 92 STAT. 3298

Post, p. 3314. "Pipeline".

42 USC 8303.

PUBLIC LAW 95-620—NOV. 9, 1978 (B) the amount, quality, and point of delivery by the pipeline to such person of the n a t u r a l gas covered by paragraph (1) which is used by the person during such annual period. (3) I n the case of any boiler subject to a prohibition under section 401, the preceding provisions of this subsection shall apply with respect to such boiler to the same extent and in the same manner as they apply in the case of major fuel-burning installations. (4) For purposes of this subsection, the term "pipeline" means any interstate or intrastate pipeline or local distribution company, SEC. 104. TERRITORIAL APPLICATION. The provisions of this Act shall apply in all the States, P u e r to Rico, and the territories and possessions of the United States, except that— (1) the provisions of titles II and III (other than section 301) shall only apply to powerplants and installations situated within the contiguous 48 States, Alaska, and the District of Columbia; and (2) the provisions of section 301 shall only apply to powerplants situated within the contiguous 48 States and the District of Columbia.

TITLE II—NEW FACILITIES Subtitle A—Prohibitions 42 USC 8311.

42 USC 8312.

SEC. 201. NEW ELECTRIC POWERPLANTS. Except to such extent as may be authorized under subtitle B — (1) natural gas or petroleum shall not be used as a p r i m a r y energy source in any new electric powerplant; and (2) no new electric powerplant may be constructed without the capability to use coal or any other alternate fuel as a p r i m a r y energy source. SEC. 202. NEW MAJOR FUEL-BURNING INSTALLATIONS. (a) GENERAL P R O H I B I T I O N. — E x c e p t to such extent as may be author-

ized under subtitle B, n a t u r a l gas or petroleum shall not be used as a p r i m a r y energy source i n a new major fuel-burning installation consisting of a boiler. (b) AUTHORITY OF SECRETARY TO P R O H I B I T NONBOILERS F R O M U S I N G NATURAL G A S OR P E T R O L E U M. — (1) The Secretary may, by rule, p r e -

Final rule, application.

Post, p. 3331.

scribe categories (identified in such rules) of new major fuel-burning installations, other than boilers, in which natural g a s or petroleum, or both, shall be prohibited from being used as a p r i m a r y energy source. I n identifying categories of new major fuel-burning installations pursuant to this paragraph, the Secretary shall take into account any special circumstances or characteristics of each category of such installations (such as the technical feasibility of b u r n i n g coal or other alternate fuels and the size or geographic location of such installations). The application of any such final rule in the case of any new major fuel-buming installation subject to such rule shall be stayed pending a resolution (including judicial review) of any petition for an exemption for such installation which is filed with the Secretary not later than 60 days after such final rule is published under section 7 0 2 (a). Any such final rule shall not apply in the case of any installation with respect to which a comparable prohibition was issued by order (or was proposed but was not issued because it was demonstrated that it could qualify for an exemption under subtitle B).

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