PUBLIC LAW 95-620—NOV. 9, 1978
92tSTAT, 332t
TITLE V—SYSTEM COMPLIANCE OPTION SEC. 501. ELECTRIC UTILITY SYSTEM COMPLIANCE OPTION. (a) GENERAL RULE.—Existing electric powerplants owned or oper- 42 USC 8391. ated hj an electric utility shall be considered in compliance with any prohibition under title III relating to the use of natural gas if there IS in effect a plan of system compliance for such utility approved by the Secretary under subsection (b). No exemption under title III relating to the use of natural gas shall be available for any powerplant which is, or has ever been, covered by such an approved plan (other than an exemption under section 312(e)). (b) REQUIREMENTS FOR PLAN APPROVAL.—The Secretary shall, by
order, approve any plan of system compliance submitted by an electric utility to the Secretary before January 1, 1980, if the Secretary finds that such plan— (1) identifies all powerplants owned or operated by such^electric utility and indicates which of the powerplants— « \d aug ImuiBn (A) would be subject to, or could be subject ^tbf'prohibitid^ under title III relating to the use of natural gas if such plan were not approved; and (B) of those so indicated in subparagraph (A), would fee, or in the opinion of such electric utility would be likely to(b'e^ entitled to an exemption under title III relating to the use of natural gas if such plan were not approved; (2) contains a commitment that, if such plan is approved, no new electric powerplant which is or is to be a base load powerplant owned or operated by such utility shall use natural gas or petrog leum as its primary energy source (whether or not such poweis plant could qualify for an exemption under title II for such use); Ante, p. 3298. (3) contains a commitment (including a schedule for an orderly progression in satisfying such commitment) that, if such plan is approved, all existing electric powerplants owned or operated by such utility— (A) subject to subparagraph (B), on and after January 1, 1995, would not use natural gas as a primary energy source, except in the case of an intermediate load powerplant or a peakload powerplant, and then only in accordance with(i3:^es larf^iH prescribed by the Secretary; and m B jaso sEimov^q (B) on and after January 1, 2000, would not use natural .sonswoiiB gas as a primary energy source except in the case of a temporary extension obtained under subsection (d); (4) contains a commitment that, if such plan is approved, natural gas will not, on and after January 1, 1990, be used by powerplants owned or operated by such utility in excess of— (A) 20 percent (or such higher percentage as may be allowed under subsection (d)(2)) of the electric utility's base period usage of natural gas, or, if lower, (B) the electric utility's minimum peakload requirement for the calendar year; (5) contains a commitment that, if such plan is approved, the natural gas used by such utility will be obtained only under— (A) a contract entered into before the date of the enactment of this Act (other than under an extension or renewal of such contract occurring on or after such date); or (B) a contract entered into on or after sudh date, orTf|i extension or renewal occurring on or after such date of <a!<eoio
39-194 O—80—pt. 3
44: QL3
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