Page:United States Statutes at Large Volume 92 Part 3.djvu/672

 92 STAT. 3304

PUBLIC LAW 95-620—NOV. 9, 1978 (1) the use of coal or another alternate fuel is not technically feasible due to the necessity to maintain satisfactory control of product quality; and (2) substitution of steam is not technically feasible due to process requirements. (i) P E R M A N E N T E X E M P T I O N FOR INTALLATIONS NECESSARY To M E E T

SCHEDULED EQUIPMENT OUTAGES.—After consideration of a petition

(and comments thereon) for any exemption from one or more of the prohibitions of subtitle A for an installation, the Secretary may, by order, g r a n t a permanent exemption under t h i s subsection if lie finds that the petitioner has demonstrated that such exemption is necessary to meet scheduled equipment outages (as defined by the Secretary by rule). SEC. 213. GENERAL REQUIREMENTS FOR EXEMPTIONS. 42 USC 8323.

(a)

U S E OF MIXTURES OR FLUIDIZED B E D COMBUSTION N O T F E A S I -

BLE.—Except in the case of an exemption under section 212(d) or (g), the Secretary may g r a n t a permanent exemption for a powerplant or installation under this subtitle only— (1) if the applicant has demonstrated that the use of a m i x t u r e of n a t u r a l 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 P O W E R P L A N T. — I f the

appro-

priate State regulatory authority has not approved a powerplant for which a petition has been filed, such exemption— (1) to the extent i t 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; and (2) to the extent it applies to the prohibition under section 201 (1) against the use of n a t u r a l gas or petroleum as a p r i m a r y 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)

Petition and consultation.

42 USC 8324.

No ALTERNATIVE POWER S U P P L Y I N THE CASE OF A POWER-

PLANT.—(1) Except in the case of an exemption under section 212(c) or (g), the Secretary may not g r a n t an exemption for a new powerp l a n t unless he finds that the petitioner has demonstrated that there is no alternative supply of electric power which is available within a reasonable distance a t a reasonable cost without i m p a i r i n g short-run or long-run reliability of service and which can be obtained by the petitioner, despite reasonable good faith efforts. (2) The Secretary shall forward a copy of any such petition to the Federal Energy Regulatory Commission p r o m p t l y after it is filed with the Secretary and shall consult with such Commission before making any finding on such petition under paragraph (1). SEC. 214. TERMS AND CONDITIONS; COMPLIANCE PLANS. (a)TERMSAND CONDITIONS GENERALLY.—Any exemption from any prohibition under this subtitle shall be on such terms and conditions as the Secretary determines appropriate, including terms and conditions requiring the use of effective fuel conservation measures which are practicable and consistent with. the purposes of this Act. I n the

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