Page:United States Statutes at Large Volume 92 Part 3.djvu/664

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 3296

42 USC note. 33 USC note. 42 USC note. 42 USC note.

7401 1251 6901 4321

Rules.

42 USC 7602.

PUBLIC LAW 95-620—NOV. 9, 1978 sions of environmental pollutants (including air and water pollutants) or disposal of solid waste residues resulting from the use of coal or other alternate fuels or natural gas or petroleum as a primary energy source or from the operation of pollution control equipment in connection with such use, taking into account any variance of law granted or issued in accordance with Federal law or in accordance with State law to the extent consistent with Federal law; and (B) any other standard, limitation, or other requirement established by, or pursuant to, the Clean Air Act, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, or the National Environmental Policy Act of 1969. (18)(A) The term "peakload powerplant" means a powerplant the electrical generation of which in kilowatt hours does not exceed, for any 12-calendar-month period, such powerplant's design capacity multiplied by 1,500 hours. (B) The term "intermediate load powerplant" means a powerplant (other than a peakload powerplant), the electrical generation of which in kilowatt hours does not exceed, for any 12-calendar-month period, such powerplant's design capacity multiplied by 3,500 hours. (C) The term "base load powerplant" means a powerplant the electrical generation of which in kilowatt hours exceeds, for any 12-calendar-month period, such powerplant's design capacity multiplied by 3,500 hours. (D) Not later than 90 days after the date of the enactment of this Act, the Federal Energy Regulatory Commission shall prescribe rules under which a powerplant's design capacity may be determined for purposes of this paragraph. (19) the term "cogeneration facility" means an electric powerplant or a major fuel-burning installation which produces— (A) electric power; and (B) any other form of useful energy (such as steam, gas, or heat) which is, or will be, used for industrial, commercial, or space heating purposes. (20) The term "cost", unless the context indicates otherwise, means total costs (both operating and capital) incurred over the estimated remaining useful life of an electric powerplant or major fuel-burning installation, discounted to present value, as determined by the Secretary (in the case of powerplants, in consultation with the State regulatory authorities). In the case of an electric powerplant, such costs shall take into account any change required in the use of existing electric powerplants in the relevant dispatching system and other economic factors which are included in planning for the production, transmission, and distribution of electric power within such system. (21) The term "State regulatory authority" means any State agency which has ratemaking authority with respect to the sale of electricity by any State r e f l a t e d electric utility. (22) The term "air pollution control agency" has the same meaning as given such term by section 302(b) of the Clean Air Act. (23) The term "electric utility" means any person, including any affiliate, or Federal agency which sells electric power. (24) The term "affiliate", when used in relation to a person, means another person which controls, is controlled by, or is under common control with, such person.