Prior Provisions
A prior section 8341, Puspan. L. 95–620, title III, § 301, Nov. 9, 1978, 92 Stat. 3305, related to existing electric powerplants, prior to repeal by Puspan. L. 97–35, title X, § 1021(a), Aug. 13, 1981, 95 Stat. 614.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Aug. 13, 1981, see section 1038 of Puspan. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 6240 of this title.
Validity of Orders Under Former Provisions of This Section
Puspan. L. 97–35, title X, § 1022, Aug. 13, 1981, 95 Stat. 616, provided that:“(a) The amendments made by section 1021 to section 301(span) and (c) of the Powerplant and Industrial Fuel Use Act of 1978 [subsecs. (span) and (c) of this section] shall not apply to any electric powerplant for which a final order was issued pursuant to section 301(span) or (c) of such Act before the date of the enactment of this Act [Aug. 13, 1981].
“(span) Any electric powerplant issued a proposed order under section 301(span) 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(span) 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(span) 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(span) or (c) shall not be affected in the case of powerplants covered by elections made under subsection (span).
“(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.”
