
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-469 Section 605(b)(2)]
[CITE: 42USC6215]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER I--DOMESTIC SUPPLY AVAILABILITY
 
                         Part A--Domestic Supply
 
Sec. 6215. Major fuel burning stationary source


(a) Restrictions on issuance of orders or rules by Governor pursuant to 
        section 7425 of this title

    No Governor of a State may issue any order or rule pursuant to 
section 7425 of this title to any major fuel burning stationary source 
(or class or category thereof)--
        (1) prohibiting such source from using fuels other than locally 
    or regionally available coal or coal derivatives, or
        (2) requiring such source to enter into a contract (or 
    contracts) for supplies of locally or regionally available coal or 
    coal derivatives.

(b) Petition to President

    (1) The Governor of any State may petition the President to exercise 
the President's authorities pursuant to section 7425 of this title with 
respect to any major fuel burning stationary source located in such 
State.
    (2) Any petition under paragraph (1) shall include documentation 
which could support a finding that significant local or regional 
economic disruption or unemployment would result from use by such source 
of--
        (A) coal or coal derivatives other than locally or regionally 
    available coal,
        (B) petroleum products,
        (C) natural gas, or
        (D) any combination of fuels referred to in subparagraphs (A) 
    through (C), to comply with the requirements of a State 
    implementation plan pursuant to section 7410 of this title.

(c) Action to be taken by President

    Within 90 days after the submission of a Governor's petition under 
subsection (b) of this section, the President shall either issue an 
order or rule pursuant to section 7425 of this title or deny such 
petition, stating in writing his reasons for such denial. In making his 
determination to issue such an order or rule pursuant to this 
subsection, the President must find that such order or rule would--
        (1) be consistent with section 7425 of this title;
        (2) result in no significant increase in the consumption of 
    energy;
        (3) not subject the ultimate consumer to significantly higher 
    energy costs; and
        (4) not violate any contractual relationship between such source 
    and any supplier or transporter of fuel to such source.

(d) Effect on authority of President to allocate coal or coal 
        derivatives

    Nothing in subsection (a) or (b) of this section shall affect the 
authority of the President or the Secretary of the Department of Energy 
to allocate coal or coal derivatives under any provision of law.

(e) Definitions

    The terms ``major fuel burning stationary source (or class or 
category thereof)'' and ``locally or regionally available coal or coal 
derivatives'' shall have the meanings assigned to them for the purposes 
of section 7425 of this title.

(Pub. L. 94-163, title I, Sec. 107, as added Pub. L. 95-619, title VI, 
Sec. 661, Nov. 9, 1978, 92 Stat. 3285.)
