§ 792. — Coal conversion and allocation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC792]
TITLE 15--COMMERCE AND TRADE
CHAPTER 16C--ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION
Sec. 792. Coal conversion and allocation
(a) Powerplant and fuel burning installations
The Federal Energy Administrator--
(1) shall, by order, prohibit any powerplant, and
(2) may, by order, prohibit any major fuel burning installation,
other than a powerplant,
from burning natural gas or petroleum products as its primary energy
source, if the requirements of subsection (b) of this section are met
and if (A) the Federal Energy Administrator determines such powerplant
or installation on June 22, 1974, had, or thereafter acquires or is
designed with, the capability and necessary plant equipment to burn
coal, or (B) such powerplant or installation is required to meet a
design or construction requirement under subsection (c) of this section.
(b) Prerequisites to issuance or effectiveness of orders prohibiting use
of natural gas or petroleum products as primary energy source
The requirements referred to in subsection (a) of this section are
as follows:
(1) An order under subsection (a) of this section may not be
issued with respect to a powerplant or installation unless the
Federal Energy Administrator finds (A) that the burning of coal by
such plant or installation, in lieu of petroleum products or natural
gas, is practicable and consistent with the purposes of this
chapter, (B) that coal and coal transportation facilities will be
available during the period the order is in effect, and (C) in the
case of a powerplant, that the prohibition under subsection (a) of
this section will not impair the reliability of service in the area
served by such plant. Such an order shall be rescinded or modified
to the extent the Federal Energy Administrator determines that any
requirement described in subparagraph (A), (B), or (C) of this
paragraph is no longer met; and such an order may at any time be
modified if the Federal Energy Administrator determines that such
order, as modified, complies with the requirements of this section.
(2)(A) Before issuing an order under subsection (a) of this
section which is applicable to a powerplant or installation for a
period ending on or before June 30, 1975, the Federal Energy
Administrator (i) shall give notice to the public and afford
interested persons an opportunity for written presentations of data,
views, and arguments, (ii) shall consult with the Administrator of
the Environmental Protection Agency, and (iii) shall take into
account the likelihood that the powerplant or installation will be
permitted to burn coal after June 30, 1975.
(B) An order described in subparagraph (A) of this paragraph
shall not become effective until the date which the Administrator of
the Environmental Protection Agency certifies pursuant to section
1857c-10(d)(1)(A) \1\ of title 42 is the earliest date that such
plant or installation will be able to comply with the air pollution
requirements which will be applicable to it. Such order shall not be
effective for any period certified by the Administrator of the
Environmental Protection Agency pursuant to section 1857c-
10(d)(3)(B) \1\ of title 42.
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\1\ See References in Text note below.
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(3)(A) Before issuing an order under subsection (a) of this
section which is applicable to a powerplant or installation after
June 30, 1975 (or modifying an order to which paragraph (2) applies,
so as to apply such order to a powerplant or installation after such
date), the Federal Energy Administrator shall give notice to the
public and afford interested persons an opportunity for oral and
written presentations of data, views, and arguments.
(B) An order (or modification thereof) described in subparagraph
(A) of this paragraph shall not become effective until (i) the
Administrator of the Environmental Protection Agency notifies the
Federal Energy Administrator under section 1857c-10(d)(1)(B) \1\ of
title 42 that such plant or installation will be able on and after
July 1, 1975, to burn coal and to comply with all applicable air
pollution requirements without a compliance date extension under
section 1857c-10(c) \1\ of title 42, or (ii) if such notification is
not given, the date which the Administrator of the Environmental
Protection Agency certifies pursuant to section 1857c-10(d)(1)(B)
\1\ of title 42 is the earliest date that such plant or installation
will be able to comply with all applicable requirements of such
1857c-10 \1\ of title 42. Such order (or modification) shall not be
effective during any period certified by the Administrator of the
Environmental Protection Agency under section 1857c-10(d)(3)(B) \1\
of title 42.
(c) Construction and design of powerplants or other major fuel burning
installations
The Federal Energy Administrator may require that any powerplant or
other major fuel burning installation in the early planning process
(other than a combustion gas turbine or combined cycle unit) be designed
and constructed so as to be capable of using coal as its primary energy
source. No powerplant or other major fuel burning installation may be
required under this subsection to be so designed and constructed, if the
Administrator determines that (1) in the case of a powerplant to do so
is likely to result in an impairment of reliability or adequacy of
service, or (2) an adequate and reliable supply of coal is not expected
to be available. In considering whether to impose a design and
construction requirement under this subsection, the Federal Energy
Administrator shall consider the existence and effects of any
contractual commitment for the construction of such facilities and the
capability of the owner to recover any capital investment made as a
result of any requirement imposed under this subsection.
(d) Allocation of coal
The Federal Energy Administrator may, by rule or order, allocate
coal (1) to any powerplant or major fuel-burning installation to which
an order under subsection (a) of this section has been issued, or (2) to
any other person to the extent necessary to carry out the purposes of
this chapter.
(e) Definitions
For purposes of this section:
(1) The term ``powerplant'' means a fossil-fuel fired electric
generating unit which produces electric power for purposes of sale
or exchange.
(2) The term ``coal'' includes coal derivatives.
(f) Expiration of authority; effective dates
(1) Authority to issue orders or rules under subsections (a) through
(d) of this section shall expire at midnight, December 31, 1978. Such a
rule or order may take effect at any time before January 1, 1985.
(2) Authority to amend, repeal, rescind, modify, or enforce such
rules or orders shall expire at midnight, December 31, 1984; but the
expiration of such authority shall not affect any administrative or
judicial proceeding which relates to any act or omission which occurred
prior to January 1, 1985.
(Pub. L. 93-319, Sec. 2, June 22, 1974, 88 Stat. 246; Pub. L. 94-163,
title I, Sec. 101, Dec. 22, 1975, 89 Stat. 875; Pub. L. 95-70, Sec. 7,
July 21, 1977, 91 Stat. 277.)
References in Text
This chapter, referred to in subsecs. (b)(1) and (d), was in the
original ``this Act'', meaning Pub. L. 93-319. For complete
classification of this Act to the Code, see Short Title note set out
under section 791 of this title and Tables.
Section 1857c-10 of title 42, referred to in subsec. (b)(2)(B),
(3)(B), was in the original a reference to section 119 of the Clean Air
Act, and was repealed by Pub. L. 95-95, Sec. 112(b), which provided in
part that references in this section to section 1857c-10 shall be
construed to refer to section 7413(d) of title 42 and to paragraph (5)
thereof in particular. Subsequently, section 7413 of title 42 was
amended generally by Pub. L. 101-549, title VII, Sec. 701, Nov. 15,
1990, 104 Stat. 2672, and, as so amended, subsec. (d) no longer relates
to final compliance orders. See section 7413(a) of title 42 for
provisions relating generally to compliance orders. For further details,
see Compliance Orders note set out below.
Amendments
1977--Subsec. (f)(1). Pub. L. 95-70 substituted ``shall expire at
midnight, December 31, 1978'' for ``shall expire at midnight, June 30,
1977''.
1975--Subsec. (a). Pub. L. 94-163, Sec. 101(b), authorized the
Administrator to prohibit any powerplant or other fuel burning
installation from burning natural gas or petroleum products as its
primary energy source if such powerplant or other installation is
required to meet a design or construction requirement under subsec. (c)
of this section.
Subsec. (c). Pub. L. 94-163, Sec. 101(c), inserted ``or other major
fuel burning installation'' after ``powerplant'' wherever appearing and
inserted ``in the case of a powerplant'' after ``if the Administrator
determines that (1)''.
Subsec. (f)(1). Pub. L. 94-163, Sec. 101(a)(1), substituted ``June
30, 1977'' for ``June 30, 1975'' and ``January 1, 1985'' for ``January
1, 1979''.
Subsec. (f)(2). Pub. L. 94-163, Sec. 101(a)(2), substituted
``December 31, 1984'' for ``December 31, 1978'' and ``January 1, 1985''
for ``January 1, 1979''.
Transfer of Functions
Federal Energy Administration terminated and functions vested by law
in Administrator thereof transferred to Secretary of Energy (unless
otherwise specifically provided) by sections 7151(a) and 7293 of Title
42, The Public Health and Welfare.
Compliance Orders
Pub. L. 95-95, title I, Sec. 112(b), Aug. 7, 1977, 91 Stat. 709,
repealed section 119 of the Clean Air Act, which was classified to
section 1857c-10 of Title 42, The Public Health and Welfare, and which
related to the Administrator's authority to deal with the energy
shortage. Section 112(b) of Pub. L. 95-95 provided that:
``(1) Section 119 of such Act [section 1857c-10 of Title 42, The
Public Health and Welfare] is hereby repealed. All references to such
section 119 [section 1857c-10 of Title 42] or subsections thereof in
section 2 of the Energy Supply and Environmental Coordination Act of
1974 (Public Law 93-319) [this section] or any amendment thereto, or any
subsequent enactment which supersedes such Act [Pub. L. 93-319, June 22,
1974, 88 Stat. 246], shall be construed to refer to section 113(d) of
the Clean Air Act [section 7413(d) of Title 42] and to paragraph (5)
thereof in particular. Any certification or notification required to be
given by the Administrator of the Environmental Protection Agency under
section 2 of the Energy Supply and Environmental Coordination Act of
1974 [this section] or any amendment thereto, or any subsequent
enactment which supersedes such Act, shall be given only when the
Governor of the State in which is located the source to which the
proposed order under section 113(d)(5) of the Clean Air Act [section
7413(d)(5) of Title 42] is to be issued gives his prior written
concurrence.
``(2) In the case of any major stationary source to which any
requirement is applicable under section 113(d)(5)(B) of the Clean Air
Act [section 7413(d)(5)(B) of Title 42] and for which certification is
required under section 2 of the Energy Supply and Environmental
Coordination Act of 1974 [this section] or any amendment thereto, or any
subsequent enactment which supersedes such Act [Pub. L. 93-319], the
Administrator of the Environmental Protection Agency shall certify the
date which he determines is the earliest date that such source will be
able to comply with all such requirements. In the case of any plant or
installation which the Administrator of the Environmental Protection
Agency determines (after consultation with the State) will not be
subject to an order under section 113(d) of the Clean Air Act [section
7413(d) of Title 42] and for which certification is required under
section 2 of the Energy Supply and Environmental Coordination Act of
1974 [this section] or any amendment thereto, or any subsequent
enactment which supersedes such Act [Pub. L. 93-319], the Administrator
of the Environmental Protection Agency shall certify the date which he
determines is the earliest date that such plant or installation will be
able to burn coal in compliance with all applicable emission limitations
under the implementation plan.
``(3) Any certification required under section 2 of the Energy
Supply and Environmental Coordination Act of 1974 [this section] or any
amendment thereto, or any subsequent enactment which supersedes such Act
[Pub. L. 93-319], or under this subsection may be provided in an order
under section 113(d) of the Clean Air Act [section 7413(d) of Title
42].''
Section Referred to in Other Sections
This section is referred to in sections 793, 797 of this title;
title 42 sections 7411, 7420, 7473, 8402, 8461, 8472.
