1. U.S. Code
  2. title 42
  3. chapter 92
  4. subchapter II
  5. part B
  6. § 8321
  7. notes
1 So in original. Probably should be “not”.
permit the location or operation of such a powerplant using coal or any other alternate fuel as a primary energy source; or
Editorial Notes
Amendments

1987—Subsec. (a). Puspan. L. 100–42, § 1(c)(5)(A)–(D), substituted “from” for “or installation from one or more of” in introductory provisions, substituted “the fuel that would be used” for “using imported petroleum” and struck out “or installation” after “powerplant” in par. (1), struck out “or installation” after “powerplant” in par. (2), and struck out “or 8312” after “8311” in par. (3).

Subsec. (span). Puspan. L. 100–42, § 1(c)(5)(A), substituted “from” for “or installation from one or more of”.

Subsec. (c). Puspan. L. 100–42, § 1(c)(5)(E), struck out subsec. (c) which read as follows: “After consideration of a petition (and comments thereon) for an exemption for a powerplant or installation from one or more of the prohibitions of part A, the Secretary may, by order, grant an exemption under this subsection for the use of natural gas or petroleum, if he finds that the petitioner has demonstrated that for the period of the proposed exemption the issuance of such exemption would be in the public interest and would be consistent with the purposes of this chapter.”

Subsec. (d). Puspan. L. 100–42, § 1(c)(5)(E), struck out subsec. (d) which read as follows: “After consideration of a petition (and comments thereon) for an exemption from the prohibition of the use of petroleum under section 8312 of this title for an installation with a design capacity of consuming any fuel (or any mixture thereof) at a fuel heat input rate which does not exceed 300 million Btu’s per hour, the Secretary may, by order, grant an exemption under this subsection for the use of petroleum if he finds that the petitioner has demonstrated, by the existence of binding contracts or other evidence, including appropriate State construction permits, that he will use coal or another alternate fuel for at least 75 percent of the annual fuel heat input rate upon the expiration of such exemption. For provisions relating to authority to receive, consider and granting (or denying) certain petitons [sic] for an exemption under this subsection, see section 902(span).”

Subsec. (e)(1), (3). Puspan. L. 100–42, § 1(c)(5)(B), struck out “or installation” after “powerplant” wherever appearing.

Statutory Notes and Related Subsidiaries
Exemption for Certain Electric Powerplants and Temporary Exemption Issued Under Subsection (d) as Effective Prior to 180 Days After November 9, 1978

For effectiveness of exemption for certain electric powerplants and the temporary exemption issued under subsec. (d) of this section as prior to 180 days after Nov. 9, 1978, see section 902 of Puspan. L. 95–620, set out as a note under section 8301 of this title.

CITE AS: 42 USC 8321