
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8472]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 92--POWERPLANT AND INDUSTRIAL FUEL USE
 
             SUBCHAPTER VII--ADMINISTRATION AND ENFORCEMENT
 
            Part G--Coordination With Other Provisions of Law
 
Sec. 8472. Effect of orders under section 792 of title 15


(a) Effect of construction orders

    Any electric powerplant or major fuel-burning installation issued an 
order pursuant to section 792(c) of title 15 that is pending on the 
effective date of this chapter shall, notwithstanding the provisions of 
such section 792(c) or any other provision of this chapter, be subject 
to the provisions of this chapter as if it were a new electric 
powerplant or new major fuel-burning installation, as the case may be, 
except that if such order became final before such date, the provisions 
of subchapter II of this chapter shall not apply to such powerplant or 
installation.

(b) Effect of prohibition orders

    The provisions of subchapters II and III of this chapter shall not 
apply to any powerplant or installation for which an order issued 
pursuant to section 792(a) of title 15 before the effective date of this 
chapter is pending or final or which, on review, was held unlawful and 
set aside on the merits; except that any installation issued such an 
order under such section 792(a) which is pending on the effective date 
of this chapter may elect to be covered by subchapter II or III of this 
chapter (as the case may be) rather than such section 792. Such an 
election shall be irrevocable and shall be made in such form and manner 
as the Secretary shall, within 90 days after November 9, 1978, 
prescribe. Such an election shall be made not later than 60 days after 
the date on which the Secretary prescribes the form and manner of making 
such election.

(c) Validity of orders

    The preceding provisions of this chapter shall not affect the 
validity of any order issued under subsection (a), or any final order 
under subsection (c), of section 792 of title 15, and the authority of 
the Secretary to amend, repeal, rescind, modify, or enforce any such 
order, or rules applicable thereto, shall remain in effect 
notwithstanding any limitation of time otherwise applicable to such 
authority. Except as provided in this section, the authority of the 
Secretary under section 792 of title 15 shall terminate on the effective 
date of this chapter.

(Pub. L. 95-620, title VII, Sec. 762(a)-(c), Nov. 9, 1978, 92 Stat. 
3345.)

                       References in Text

    The effective date of this chapter, referred to in text, is the 
effective date of Pub. L. 95-620. See section 901 of Pub. L. 95-620, set 
out as an Effective Date note under section 8301 of this title.
