92 STAT. 3134
PUBLIC LAW 95-617—NOV. 9, 1978 SEC. 142. AUTHORIZATIONS. Title II of the Energy Conservation and Production Act is amended by adding the following at the end thereof: "AUTHORIZATION OF APPROPRIATIONS
42 USC 6808.
42 USC 6801 et seq. 42 USC 6802.
"SEC. 208. There are authorized to be appropriated— "(1) not to exceed $40,000,000 for each of the fiscal years 1979 and 1980 to carry out section 207 (relating to State utility regulatory assistance); "(2) not to exceed $10,000,000 for each of the fiscal years 1979 and 1980 to carry out section 205 (relating to State offices of consumer services^ * and "(3) not to 'exceed $8,000,000 for the fiscal year 1979, and $10,000,000 for the fiscal year 1980 to carry out section 204(1)(B) (relating to innovative rate structures).". SEC. 143. CONFORMING AMENDMENTS. (a) ADMINISTRATOR.—Title II of the Energy Conservation and Production Act is amended by striking out "Administrator" in each place it appears and substituting "Secretary". Section 202(1) of the Energy Conservation and Production Act is amended to read as follows: " (b) DEriNITION.—
"(1) The term 'Secretary' means the Secretary of Energy.".
TITLE II—CERTAIN FEDERAL ENERGY REGULATORY COMMISSION AND DEPARTMENT OF ENERGY AUTHORITIES 16 USC 796.
SEC. 201. DEFINITIONS. Section 3 of the Federal Power Act is amended by inserting the following before the period at the end thereof: "(17)(A) 'small power production facility' means a facility which— " (i) produces electric energy solely by the use, as a primary energy source of biomass, waste, renewable resources, or any combination thereof; and " (ii) has a power production capacity which, together with any other facilities located at the same site (as determined by the Commission), is not greater than 80 megawatts; "(B) 'primary energy source' means the fuel or fuels used for the generation of electric energy, except that such term does not include, as determined under rules prescribed by the Commission, in consultation with the Secretary of Energy-— "(i) the minimum amounts of fuel required for ignition, startup, testing, flame stabilization, and control uses, and "(ii) the minimum amounts of fuel required to alleviate or prevent— " (I) unanticipated equipment outages, and " (IT) emergencies, directly affecting the public health, safety, or welfare, which would result from electric power outages; "(C) 'qualifying small power production facility' means a small power production facility— "(i) which the Commission determines, by rule, meets such requirements (including requirements respecting fuel use, fuel
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