Page:United States Statutes at Large Volume 92 Part 3.djvu/674

 92 STAT. 3306

Finding, publication. Post, p. 3329.

PUBLIC LAW 95-620—NOV. 9, 1978 (3) it is financially feasible to use coal or another alternate fuel as a p r i m a r y energy source i n such powerplant. The requirement of paragraph (1) shall not be considered to be satisfied unless the finding under such paragraph is made before the date of the publication of the notice of proposed prohibition under section 701 (b) and is published with such notice. (c) AUTHORITY OF SECRETARY TO P R O H I B I T EXCESSIVE U S E I N M IX -

TURES.—In the case of any existing electric powerplant in which the Secretary finds i t is technically and financially feasible to use a mixt u r e of petroleum or natural gas and coal or an alternate fuel as a prim a r y energy source, the Secretary may prohibit, in accordance with section 3 0 3 (a), the use of petroleum or n a t u r a l gas, or both, in such powerplant in amounts in excess of the minimum amount necessary to maintain reliability of operation of the unit consistent with maintaining reasonable fuel efficiency of such mixture. SEC. 302. EXISTING MAJOR FUEL-BURNING INSTALLATIONS. 42 USC 8342.

Finding, publication. Post, p. 3329.

(a) AUTHORITY OF SECRETARY To P R O H I B I T W H E R E COAL OR ALTERNATE F U E L CAPABILITY E X I S T S. — The Secretary may p r o h i b i t, in

accordance with section 303(a) or (b), the use of petroleum or natural gas, or both, as a p r i m a r y energy source in any existing major fuelb u r n i n g installation, if the Secretary finds that— (1) such installation has or previously h a d the technical capability to use coal or another alternate fuel as a p r i m a r y energy source; (2) such installation has the technical capability to use coal or another alternate fuel as a p r i m a r y energy source, or it could have such capability without— (A) substantial physical modification of the unit, or (B) substantial reduction i n the rated capacity of the u n i t; and (3) it is financially feasible to use coal or another alternate fuel as a p r i m a r y energy source in such installation. The requirement of paragraph (1) shall not be considered to be satisfied unless the finding under such paragraph is made before the date of the publication of the notice of proposed prohibition under section 701 (b) and is published with such notice. (b) AUTHORITY OF SECRETARY To P R O H I B I T EXCESSIVE U S E I N M IX TURES.—

Percentage determination.

42 USC 8343.

(1) I n the case of any existing major fuel-burning installation in which the Secretary finds it is technically and financially feasible to use a mixture of petroleum or natural gas and coal or another alternate fuel as a p r i m a r y energy source the Secretary may prohibit, in accordance with section 3 0 3 (a), the use of petroleum or n a t u r a l gas, or both, in such installation i n amounts in excess of the minimum percentage of the total B t u heat i n p u t of the p r i m a r y energy sources needed to maintain reliability of operation of the unit consistent with maintaining reasonable fuel efficiency of such mixture. (2) The percentage determined by the Secretary under paragraph (1) shall not be less than 25 percent. SEC. 303. RULES RELATING TO CASE-BY-CASE AND CATEGORY PROHIBITIONS. (a) CASE-BY-CASE PROHIBITIONS.—(1) Except to the extent authorized by subsection (b), the Secretary shall prohibit any powerplant or installation from using n a t u r a l gas o r petroleum under the author-

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