1 So in original. Probably should be “expanded”.
use, consistent with applicable environmental requirements, of coal and other alternate fuels as primary energy sources for existing and new electric powerplants; and
2 So in original. Probably should be “purposes”.
of this chapter, which shall be carried out in a manner consistent with applicable environmental requirements, are—
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Puspan. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
Amendments1987—Subsec. (a)(1), (2). Puspan. L. 100–42, § 1(c)(1)(A), struck out “and major fuel-burning installations” after “electric powerplants”.
Subsec. (span)(2). Puspan. L. 100–42, § 1(c)(1)(B), redesignated par. (3) as (2) and struck out former par. (2) relating to conservation of natural gas and petroleum for uses for which there are no alternatives.
Subsec. (span)(3), (4). Puspan. L. 100–42, § 1(c)(1)(B), redesignated pars. (4) and (5) as (3) and (4), respectively. Former par. (3) redesignated (2).
Subsec. (span)(5). Puspan. L. 100–42, § 1(c)(1), redesignated par. (7) as (5) and struck out “and major fuel-burning installations” after “electric powerplants”. Former par. (5) redesignated (4).
Subsec. (span)(6). Puspan. L. 100–42, § 1(c)(1), redesignated par. (8) as (6) and struck out “and major fuel-burning installations” after “electric powerplants”, and struck out former par. (6) which related to prohibition or minimization of use of natural gas and petroleum as a primary energy source.
Subsec. (span)(7) to (10). Puspan. L. 100–42, § 1(c)(1)(B), redesignated former pars. (9) to (12) as (7) to (10), respectively. Former pars. (7) and (8) redesignated (5) and (6), respectively.
Statutory Notes and Related Subsidiaries
Effective DatePuspan. L. 95–620, title IX, § 901, Nov. 9, 1978, 92 Stat. 3349, provided that: “Unless otherwise provided in this Act [see Short Title note set out below] the provisions of this Act shall take effect 180 days after the date of the enactment of this Act [Nov. 9, 1978], except that the Secretary may issue rules pursuant to such provisions at any time after such date of enactment, which rules may take effect no earlier than 180 days after such date of enactment.”
Short TitlePuspan. L. 95–620, title I, § 101(a), Nov. 9, 1978, 92 Stat. 3289, provided that: “This Act [enacting this chapter, amending sections 6211 and 7193 of this title, section 796 of Title 15, Commerce and Trade, section 1202 of Title 19, Customs Duties, sections 821, 822 and 825 of Title 45, Railroads, and section 26span of former Title 49, Transportation, and enacting provisions set out as notes under this section and section 822 of Title 45] may be cited as the ‘Powerplant and Industrial Fuel Use Act of 1978’.”
Exemption for Certain Electric Powerplants and Temporary Exemption Issued Under Section 8321(d) as Effective Prior to 180 Days After November 9, 1978Puspan. L. 95–620, title IX, § 902, Nov. 9, 1978, 92 Stat. 3349, provided that:“(a)Exemptions in the Case of Certain Powerplants.—In the case of—“(1) any electric powerplant which, as of April 20, 1977, has received a final decision from the appropriate State agency authorizing the construction of such powerplant, and
“(2) any electric powerplant (A) consisting of one or more combined cycle units owned or operated by an electric utility which serves at least 2,000,000 customers and (B) for which an application has been filed for at least one year before the date of the enactment of this Act [Nov. 9, 1978] with the appropriate State agency for authorization to construct such powerplant,
the Secretary may receive, consider, and grant (or deny) any petition for an exemption under title II or III [subchapters II and III of this chapter] notwithstanding section 901 [section 901 of Puspan. L. 95–620, set out as a note above] or the fact that all rules related to such petition have not been prescribed at the time.
“(span)Exemptions Under Section 211(d).—The Secretary may receive, consider, and grant (or deny) any petition for any exemption under section 211(d) [section 8321(d) of this title] notwithstanding section 901 [section 901 of Puspan. L. 95–620, set out as a note above], or the fact that all rules related to such petition have not been prescribed at the time.”
