
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: 42USC8341]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 92--POWERPLANT AND INDUSTRIAL FUEL USE
 
                   SUBCHAPTER III--EXISTING FACILITIES
 
                          Part A--Prohibitions
 
Sec. 8341. Existing electric powerplants


(a) Certification by powerplants of coal capability

    At any time, the owner or operator of an existing electric 
powerplant may certify to the Secretary, for purposes of subsection (b) 
of this section--
        (1) whether or not such powerplant has or previously had the 
    technical capability to use coal or another alternate fuel as a 
    primary energy source;
        (2) whether or not such powerplant could have the technical 
    capability to use coal or another alternate fuel as a primary energy 
    source without having--
            (A) substantial physical modification of the powerplant, or
            (B) substantial reduction in the rated capacity of the 
        powerplant; and

        (3) whether or not it is financially feasible to use coal or 
    another alternate fuel as a primary energy source in such a 
    powerplant.

(b) Authority of Secretary to prohibit where coal or alternate fuel 
        capability exists

    The Secretary may prohibit, in accordance with section 8343(a) or 
(b) of this title, the use of petroleum or natural gas, or both, as a 
primary energy source in any existing electric powerplant, if an 
affirmative certification under subsection (a)(1), (2), and (3) of this 
section is in effect with respect to such powerplant and if, after 
examining the basis for the certification, the Secretary concurs with 
the certification.

(c) Authority of Secretary to prohibit excessive use in mixtures

    At any time, the owner or operator of an existing electric 
powerplant may certify to the Secretary for purposes of this subsection 
whether or not it is technically and financially feasible to use a 
mixture of petroleum or natural gas and coal or another alternate fuel 
as a primary energy source in that powerplant. If an affirmative 
certification under this subsection is in effect with respect to such 
powerplant and if, after examining the basis for the certification, the 
Secretary concurs with the certification, the Secretary may prohibit, in 
accordance with section 8343(a) of this section, the use of petroleum or 
natural gas, or both, in such powerplant in amounts in excess of the 
minimum amount necessary to maintain reliability of operation of the 
unit consistent with maintaining reasonable fuel efficiency of such 
mixture.

(d) Amendment of subsection (a) and (c) certifications

    The owner or operator of any such powerplant may at any time amend 
any certification under subsection (a) or (c) of this section in order 
to take into account changes in relevant facts and circumstances; except 
that no such amendment to such a certification may be made after the 
date of any final prohibition under subsection (b) or (c) of this 
section based on that certification.

(Pub. L. 95-620, title III, Sec. 301, as added Pub. L. 97-35, title X, 
Sec. 1021(a), Aug. 13, 1981, 95 Stat. 614.)


                            Prior Provisions

    A prior section 8341, Pub. L. 95-620, title III, Sec. 301, Nov. 9, 
1978, 92 Stat. 3305, related to existing electric powerplants, prior to 
repeal by Pub. L. 97-35, title X, Sec. 1021(a), Aug. 13, 1981, 95 Stat. 
614.


                             Effective Date

    Section effective Aug. 13, 1981, see section 1038 of Pub. 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

    Section 1022 of Pub. L. 97-35 provided that:
    ``(a) The amendments made by section 1021 to section 301(b) and (c) 
of the Powerplant and Industrial Fuel Use Act of 1978 [subsecs. (b) and 
(c) of this section] shall not apply to any electric powerplant for 
which a final order was issued pursuant to section 301(b) or (c) of such 
Act before the date of the enactment of this Act [Aug. 13, 1981].
    ``(b) Any electric powerplant issued a proposed order under section 
301(b) 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(b) 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(b) 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(b) or (c) shall not be affected in the case of powerplants covered 
by elections made under subsection (b).
    ``(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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 7651d, 8343, 8351, 8352 of 
this title.
