Page:United States Statutes at Large Volume 92 Part 3.djvu/690

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 3322

PUBLIC LAW 95-620—NOV. 9, 1978

tract entered into before such date, but only if such contract, extension, or renewal has been approved by the Secretary under subsection (g); and IQ?,S 38U 2J^ -i9qc (6) contains a 10-year forecast of such utility's demand for elecXaB tricity, a 10-year construction forecast, and a 10-year financial oi9xIplan, which provide a reasonable basis for concluding that the commitments in such plan will be carried out. Approval of the Secretary under this subsection shall be conditioned on the utility involved updating on an annual basis the information contained in such plan to the extent provided under rules prescribed by the Secretary. (c) PLAN KEVISION.—^A plan under subsection (b) may be revised but only if the Secretary, by order, approves such revision. (d) EXTENSION FOR EMERGENCY OR PEAKLOAD PURPOSES.—(1) For

purposes of subsection (b)(3)(B), the Secretary may extend the date specified therein for not more than 5 years with respect to the use of natural gas by any powerplant if it is demonstrated that such use of natural gas is to be— (A) for emergency purposes consistent with section 312(e), or (B) for peakload purposes, consistent with section 312(f). (2) The Secretary may exempt from the requirements of subsection (b)(4) such quantities of natural gas as would otherwise exceed such requirement if it is demonstrated that such natural gas is used solely for emergency or peakload purposes described in paragraph (1)(A) or(B).

•8CS8.!.

Higher percentage allowance.

(e) DETERMINATION o r BASE PERIOD USAGE.— (1) For purposes of subsection (b)(4)(A), an electric utility's base period usage of n a t u r a l gas shall be the sum of— (A) the quantities of n a t u r a l gas used in calendar year 1976 by powerplants which are owned or operated by such utility and which were placed in service on or before January 1, 1976; plus (B) one-half of the quantities used during the first 24 calendar-months after being placed in service by powerplants which are owned or operated by such utility and which were placed in service after January 1, 1976, and before the effective date of this Act. (2) The Secretary may allow for the substitution of a higher percentage for the 20 percent specified in subparagraph (A) of subsection ^j^^ ^^^ jf ^^ determines that the utility has demonstrated that such higher percentage is necessary—

(A) because of delays which occurred, despite diligent good faith efforts, in the construction of powerplants which will use a primary energy source other than natural gas, or (B) because it would not be feasible for such utility to comply with the requirements of such subsection (b)(4) in the absence of such higher percentage without impairing reliability of service. (f)

DETERMINATION OF MINIMUM PEAKLOAD REQUIREMENT.—For

purposes of subsection (b)(4)(B), an electric utility's minimum peakload requirement for any calendar year shall be defined as the total kilowatt hours generated during the calendar year by natural gas on the system of the applicant electric utility company system divided by the aggregate capacity of all the electric powerplants in such system, but not to exceed 1,500 full-load hours per year. (g) APPROVAL OF NATURAL GAS CONTRACTS.—The Secretary shall approve any contract, or contract extension or renewal, for purposes of applying subsection (b)(5)(B) with respect to any plan, if he