Page:United States Statutes at Large Volume 92 Part 3.djvu/670

 92 STAT. 3302

PUBLIC LAW 95-620—NOV. 9, 1978 the Secretary may, by order, g r a n t a permanent exemption under this subsection with respect to natural gas or petroleum, if he— (1) finds that the petitioner has demonstrated that economic and other benefits of cogeneration are unobtainable unless petroleum or n a t u r a l gas, or both, are used in such facility, and (2) includes in the final order a statement of the basis for such finding. (d) P E R M A N E N T E X E M P T I O N FOR CERTAIN MIXTURES CONTAINING NATURAL G A S OR P E T R O L E U M. — (1) After consideration of a petition

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determination.

(and comments thereon) for an exemption for a powerplant or installation from one or more of the prohibitions of subtitle A, the Secretary shall, by order, g r a n t a permanent exemption under this subsection with respect to natural gas or petroleum, if he finds that the petitioner has demonstrated that— (A) the powerplant or installation uses, or proposes to use, a mixture of petroleum or natural gas and coal or another alternate fuel as a primary energy source; and (B) the amount of the petroleum or natural gas used in such mixture will not exceed the minimum percentage of the total Btu heat input of the primary energy sources of such powerplant or installation needed to maintain reliability of operation of such powerplant or installation consistent with maintaining a reasonable level of fuel efficiency, as detennined in accordance with rules prescribed by the Secretary. (^) ^^ ^^^ ^^^® ®^ ^ ^^^^ major fuel-burning installation, the percentage determined by the Secretary under subparagraph (B) of paragraph (1) shall not be less than 25 percent. (e) P E R M A N E N T E X E M P T I O N FOR EMERGENCY PURPOSES.—After con-

sideration of a petition ( and comments thereon) for a n exemption from one or more of the prohibitions of subtitle A for a powerplant or installation, the Secretary shall, by order, g r a n t a permanent exemption under this subsection with respect to natural g a s or petroleum, if he finds that the petitioner has demonstrated that such powerplant or installation will be maintained and operated only for emergency purposes (as defined by rule by the Secretary). (f) P E R M A N E N T E X E M P T I O N FOR POWERPLANTS NECESSARY To M A I N TAIN RELIABILITY OF SERVICE.—After consideration of a petition (and

comments thereon) for an exemption for a powerplant from one or more of the prohibitions of subtitle A, the Secretary may, by order, g r a n t a permanent exemption under this subsection with respect to natural gas or petroleum if he finds that the petitioner has demonstrated that— (1) such exemption is necessary to prevent impairment of reliability of service, and (2) the petitioner, despite diligent good faith efforts, is not able to make the demonstration necessary to obtain an exemption under subsection (a) or (b) in the time required to prevent such impairment of service. (g) P E R M A N E N T E X E M P II O N FOR PEAKLOAD POWERPLANTS.—After

consideration of a petition (and comments thereon) for an exemption for a powerplant— (1) in the case of a proposed use of petroleum, the Secretary shall, by order, g r a n t a permanent exemption under this subsection with respect to petroleum if the petitioner certifies that such powerplant is to be operated solely as a peakload powerp l a n t; and

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