PUBLIC LAW 95-620—NOV. 9, 1978
92 STAT. 3313
(B) such pipeline was supplying to such installation before April 21, 1977, n a t u r a l gas from Canada under such contract; (C) such pipeline serves high-priority users within the United States service to whom would be jeopardized if service to such installation is term i n a t e d; (D) the revenues from the transportation and sale of n a t u r a l gas transported by such pipeline are essential to the economic vitality of the pipeline; and (E) the exemption is consistent with the purposes of this Act, and the denial of such exemption would not result in n a t u r a l gas being made available for any other use within the United States. (2) For purposes of this subsection, the term "high-priority user" means any residential user of natural gas, or any commercial user whose consumption of natural gas on a peak day is less than 50 Mcf, as determined by the Secretary.
"High-priority
^^^^ •
(k) P E R M A N E N T E X E M P T I O N FOR INSTALLATION BASED U P O N PRODUCT O PROCESS REQUIREMENTS. — After consideration of a petition ( and R
comments thereon) for an exemption for an installation from one or more of the prohibitions of subtitle A, the Secretary shall, by order, g r a n t a permanent exemption under this subsection, if he finds that the petitioner has demonstrated that— (1) the use of coal or other alternate fuels is not technically feasible due to the necessity to maintain satisfactory control of product quality; and (2) substitution of steam is not technically feasible due to process requirements. (1) P E R M A N E N T E X E M P T I O N FOR INSTALLATIONS NECESSARY TO M E E T SCHEDULED EQUIPMENT OUTAGES.—After consideration of a petition
(and comments thereon) for any exemption from one or more of the prohibitions of subtitle A for an installation, the Secretary may, by order, g r a n t a permanent exemption under this subsection, if he finds that the petitioner has demonstrated that such exemption is necessary to meet scheduled equipment outages (as defined by the Secretary by rule). SEC. 313. GENERAL REQUIREMENTS FOR EXEMPTIONS. (a)
U S E OF MIXTURES
OR FLUIDIZED
B E D COMBUSTION
- >
N O T 42 USC 8353.
FEASIBLE.—Except in the case of an exemption under section 312(b), (f), (i) or (i), the Secretary may g r a n t a permanent exemption for a powerplant or installation under this subtitle only— (1) if the applicant has demonstrated that the use of a mixture of natural gas or petroleum and coal (or other alternate fuels), for which an exemption under section 312(b) 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 an alternate fuel is economically and technically feasible. (b)
No ALTERNATIVE POWER S U P P L Y I N THE CASE OF A POWER-
PLANT.—(1) I n the case of an exemption under section 312(b) or (g), the Secretary may not g r a n t an exemption for an existing powerp l a n t unless he finds that the petitioner has demonstrated that there IS no alternative supply of electric power which is available within a reasonable distance a t 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 Petition and Federal Energy Regulatory Commission promptly after it is filed consultation.
�
