
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8323]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 92--POWERPLANT AND INDUSTRIAL FUEL USE
 
                      SUBCHAPTER II--NEW FACILITIES
 
                           Part B--Exemptions
 
Sec. 8323. General requirements for exemptions


(a) Use of mixtures or fluidized bed combustion not feasible

    Except in the case of an exemption under section 8322(d) of this 
title, the Secretary may grant a permanent exemption for a powerplant 
under this part only--
        (1) if the applicant has demonstrated that the use of a mixture 
    of natural gas or petroleum and coal or another alternate fuel, for 
    which an exemption under section 8322(d) of this title would be 
    available, is not economically or technically feasible; and
        (2) if the Secretary has not made a finding that the use of a 
    method of fluidized bed combustion of coal or another alternate fuel 
    is economically and technically feasible.

(b) State approval required for powerplant

    If the appropriate State regulatory authority has not approved a 
powerplant for which a petition has been filed, such exemption, to the 
extent it applies to the prohibition under section 8311 of this title 
against construction without the capability of using coal or another 
alternate fuel, shall not take effect until all approvals required by 
such State regulatory authority which relate to construction have been 
obtained.

(c) No alternative power supply in the case of a powerplant

    (1) Except in the case of an exemption under section 8322(c) of this 
title, the Secretary may not grant an exemption for a new powerplant 
unless he finds that the petitioner has demonstrated that there is no 
alternative supply of electric power which is available within a 
reasonable distance at a reasonable cost without impairing short-run or 
long-run reliability of service and which can be obtained by the 
petitioner, despite reasonable good faith efforts.
    (2) The Secretary shall forward a copy of any such petition to the 
Federal Energy Regulatory Commission promptly after it is filed with the 
Secretary and shall consult with such Commission before making any 
finding on such petition under paragraph (1).

(Pub. L. 95-620, title II, Sec. 213, Nov. 9, 1978, 92 Stat. 3304; Pub. 
L. 100-42, Sec. 1(c)(7), May 21, 1987, 101 Stat. 312.)


                               Amendments

    1987--Subsec. (a). Pub. L. 100-42, Sec. 1(c)(7)(A), (B), in 
introductory provisions struck out ``or (g)'' after ``8322(d)'' and ``or 
installation'' after ``powerplant''.
    Subsec. (b). Pub. L. 100-42, Sec. 1(c)(7)(C), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``If the 
appropriate State regulatory authority has not approved a powerplant for 
which a petition has been filed, such exemption--
        ``(1) to the extent it applies to the prohibition under section 
    8311(2) of this title against construction without the capability of 
    using coal or another alternate fuel, shall not take effect until 
    all approvals required by such State regulatory authority which 
    relate to construction have been obtained; and
        ``(2) to the extent it applies to the prohibition under section 
    8311(1) of this title against the use of natural gas or petroleum as 
    a primary energy source, shall not take effect until all approvals 
    required by such State regulatory authority which relate to 
    construction or operation have been obtained.''
    Subsec. (c)(1). Pub. L. 100-42, Sec. 1(c)(7)(A), in introductory 
provisions struck out ``or (g)'' after ``section 8322(c)''.


  Exemption for Certain Electric Powerplants as Effective Prior to 180 
                       Days After November 9, 1978

    For effectiveness of exemption for certain electric powerplants as 
prior to 180 days after Nov. 9, 1978, see section 902(a) of Pub. L. 95-
620, set out as a note under section 8301 of this title.
