Page:United States Statutes at Large Volume 95.djvu/642

 95 STAT. 616

Report to 42* lfscr8482

PUBLIC LAW 97-35—AUG. 13, 1981 "(B) on a semiannual basis, the total quantities of natural gas used as a primary energy source during the previous 6-month period by each electric utility. "(2) The Secretary shall include in each annual report to the Congress under section 806 a summary of information received by the Secretary under this subsection.". VALIDITY OF ORDERS UNDER FORMER SECTION 301 OF THE POWERPLANT AND INDUSTRIAL FUEL USE ACT OF 1978

42 USC 8341 note SEC. 1022. (a) The amendments made by section 1021 to section 301 Ante, p. 614. (b) and (c) of the Powerplant and Industrial Fuel Use Act of 1978 shall not apply to any electric powerplant for which a final order was issued pursuant to section 301(b) or (c) of such Act before the date of the enactment of this Act. GD) Any electric powerplant issued a proposed order under section 301 (b) or (c) of such Act which is pending on the date of the enactment of this Act may elect not to have the amendments made by section 1021 to such section 301(b) or (c) apply with respect to that powerplant. Such an election shall be irrevocable and shall be made in such form and manner as the Secretary of Energy shall, within 45 days after the date of the enactment of this Act, prescribe. Such an election shall be made not later than 60 days after the date on which the Secretary of Energy prescribes the form and manner of making such election. (c)(1) The amendments made by section 1021 shall not affect the validity of any final order issued under section 301(b) or (c) of the Powerplant and Industrial Fuel Use Act of 1978 before the date of the enactment of this Act. (2) The validity of any proposed order issued under such section 301 (b) or (c) shall not be affected in the case of powerplants covered by elections made under subsection (b). (3) The authority of the Secretary of Energy to amend, repeal, rescind, modify, or enforce any order referred to in paragraph (1) or (2), or rules applicable thereto, shall remain in effect notwithstanding any such amendments. ELECTRIC UTILITY CONSERVATION PLAN

SEC. 1023. (a) The Powerplant and Industrial Fuel Use Act of 1978 is amended by inserting after section 807 the following new section: 42 USC 8484.

"SEC. 808. ELECTRIC UTILITY CONSERVATION PLAN.

"(a) APPLICABILITY.—An electric utility is subject to this subsection if— "(1) the utility owns or operates any existing electric powerplant in which natural gas was used as a primary energy source at any time during the 1-year period ending on the date of the enactment of this section, and "(2) the utility plans to use natural gas as a primary energy source in any electric powerplant. "(b) SUBMISSION AND APPROVAL OF PLAN.—The Secretary shall require each electric utility subject to this section to— "(1) submit, within 1 year after the date of the enactment of this section, and have approved by the Secretary, a conservation plan which meets the requirements of subsection (c); and "(2) implement such plan during the 5-year period beginning on the date of the initial approval of such plan.

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