Page:United States Statutes at Large Volume 92 Part 3.djvu/673

 PUBLIC LAW 95-620—NOV. 9, 1978

92 STAT. 3305

case of any temporary exemption, the terms and conditions (which may include a compliance plan meeting the requirements of subsection (b)) shall be designed to insure that upon the expiration of such exemption, the persons and powerplant or installation covered by such exemption will comply with the applicable prohibitions. (b) COMPLIANCE PLANS.—A compliance plan meets the requirements of this subsection if it is approved by the Secretary and— (1) contains (A) a schedule indicating how compliance with applicable prohibitions of this Act will occur and (B) evidence oi binding contracts for fuel, or facilities for the production of fuel, which would allow or such compliance; and (2) is revised at such times and to such extent as the Secretary may require to reflect changes in circumstances.

TITLE III—EXISTING FACILITIES Subtitle A—Prohibitions SEC. 301. EXISTING ELECTRIC POWERPLANTS. (a) GENERAL PROHIBITIONS.—Except to such extent as may be '^^ ^^^ ^^'^^•

authorized under subtitle B— (1) natural gas shall not be used as a primary energy source in an existing electric powerplant on or after January 1, 1990; (2) natural gas shall not be used as a primary energy source in an existing electric powerplant before January i, 1990, unless such powerplant used natural gas as a primary energy source at any time during calendar year 1977; and (3) natural gas shall not be used as a primary energy source in an existing electric powerplant in any calendar year before 1990 in greater proportions than the average yearly proportion of natural gas which— (A) such powerplant used as a primary energy source in calendar years 1974 through 1976, or (B) if such powerplant began operations on or after January 1, 1974, such powerplant used as a primary energy source during the first two calendar years of its operation. The prohibition of paragraph (1) shall be stayed with respect to any Stay of existing powerplant pending a resolution (including judicial review) prohibition. of any petition for any exemption from such prohibition which is filed for such powerplant at any time after the effective date of this Act, but at least one year before the date such prohibition first takes effect. (b) AUTHORITY OF SECRETARY To PROHIBIT WHERE COAL OR ALTER-

NATE FUEL CAPABILITY EXISTS.—The Secretary may prohibit, in

accordance with section 303(a) or (b), the use of petroleum or natural gas, or both, as a primary energy source in any existing electric powerplant, if the Secretary finds that— (1) such powerplant has or previously had the technical capability to use coal or another alternate fuel as a primary energy source; (2) such powerplant has the technical capability to use coal or another alternate fuel as a primary energy source, or it could have such capability without— (A) substantial physical modification of the powerplant, o r

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(B) substantial reduction in the rated capacity of the powerplant; and

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