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42 U.S.C. § 8472 — Effect of orders under [section 792 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792&num=0&edition=prelim)

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 8472 — Effect of orders under [section 792 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792&num=0&edition=prelim)

**(a) Effect of construction orders** Any electric powerplant or major fuel-burning installation issued an order pursuant to [section 792(c) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792/c&num=0&edition=prelim) that is pending on the effective date of this chapter shall, notwithstanding the provisions of such section 792(c) or any other provision of this chapter, be subject to the provisions of this chapter as if it were a new electric powerplant or new major fuel-burning installation, as the case may be, except that if such order became final before such date, the provisions of subchapter II of this chapter shall not apply to such powerplant or installation. **(b) Effect of prohibition orders** The provisions of subchapters II and III shall not apply to any powerplant or installation for which an order issued pursuant to [section 792(a) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792/a&num=0&edition=prelim) before the effective date of this chapter is pending or final or which, on review, was held unlawful and set aside on the merits; except that any installation issued such an order under such section 792(a) which is pending on the effective date of this chapter may elect to be covered by subchapter II or III (as the case may be) rather than such section 792. Such an election shall be irrevocable and shall be made in such form and manner as the Secretary shall, within 90 days after November 9, 1978, prescribe. Such an election shall be made not later than 60 days after the date on which the Secretary prescribes the form and manner of making such election. **(c) Validity of orders** The preceding provisions of this chapter shall not affect the validity of any order issued unde

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Source location: Title 42, Chapter 92, § 8472; chapter-092-powerplant-and-industrial-fuel-use.md

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**(a) Effect of construction orders** Any electric powerplant or major fuel-burning installation issued an order pursuant to [section 792(c) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792/c&num=0&edition=prelim) that is pending on the effective date of this chapter shall, notwithstanding the provisions of such section 792(c) or any other provision of this chapter, be subject to the provisions of this chapter as if it were a new electric powerplant or new major fuel-burning installation, as the case may be, except that if such order became final before such date, the provisions of subchapter II of this chapter shall not apply to such powerplant or installation. **(b) Effect of prohibition orders** The provisions of subchapters II and III shall not apply to any powerplant or installation for which an order issued pursuant to [section 792(a) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792/a&num=0&edition=prelim) before the effective date of this chapter is pending or final or which, on review, was held unlawful and set aside on the merits; except that any installation issued such an order under such section 792(a) which is pending on the effective date of this chapter may elect to be covered by subchapter II or III (as the case may be) rather than such section 792. Such an election shall be irrevocable and shall be made in such form and manner as the Secretary shall, within 90 days after November 9, 1978, prescribe. Such an election shall be made not later than 60 days after the date on which the Secretary prescribes the form and manner of making such election. **(c) Validity of orders** The preceding provisions of this chapter shall not affect the validity of any order issued under subsection (a), or any final order under subsection (c), of [section 792 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792&num=0&edition=prelim), and the authority of the Secretary to amend, repeal, rescind, modify, or enforce any such order, or rules applicable thereto, shall remain in effect notwithstanding any limitation of time otherwise applicable to such authority. Except as provided in this section, the authority of the Secretary under [section 792 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792&num=0&edition=prelim) shall terminate on the effective date of this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 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) 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). **(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) are as follows: (1) An order under subsection (a) 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) 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 wi

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 8301 — Findings; statement of purposes

**(a) Findings** The Congress finds that— (1) the protection of public health and welfare, the preservation of national security, and the regulation of interstate commerce require the establishment of a program for the expended 11 So in original. Probably should be “expanded”. use, consistent with applicable environmental requirements, of coal and other alternate fuels as primary energy sources for existing and new electric powerplants; and (2) the purposes of this chapter are furthered in cases in which coal or other alternate fuels are used by electric powerplants, consistent with applicable environmental requirements, as primary energy sources in lieu of natural gas or petroleum. **(b) Statement of purposes** The purpose 22 So in original. Probably should be “purposes”. of this chapter, which shall be carried out in a manner consistent with applicable environmental requirements, are— (1) to reduce the importation of petroleum and increase the Nation’s capability to use indigenous energy resources of the United States to the extent such reduction and use further the goal of national energy self-sufficiency and otherwise are in the best interests of the United States; (2) to encourage and foster the greater use of coal and other alternate fuels, in lieu of natural gas and petroleum, as a primary energy source; (3) to the extent permitted by this chapter, to encourage the use of synthetic gas derived from coal or other alternate fuels; (4) to encourage the rehabilitation and upgrading of railroad service and equipment necessary to transport coal to regions or States which can use coal in greater quantities; (5) to encourage the modernization or replacement of existing and new electric powerplants which utilize natural gas or petroleum as a primary energy source

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 8472 — Effect of orders under section 792 of title

Page 7615 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8472 (Pub. L. 95–620, title VII, § 747, Nov. 9, 1978, 92 Stat. 3344.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables. The effective date of this chapter, referred to in text, is the effective date of Pub. L. 95–620. See section 901 of Pub. L. 95–620, set out as an Effective Date note under section 8301 of this title. PART F—APPROPRIATIONS AUTHORIZATION § 8461. Authorization of appropriations There is authorized to be appropriated to the Secretary for fiscal year 1979 $11,900,000, to carry out the provisions of this chapter (other than provisions for which an appropriations author- ization is otherwise expressly provided in this chapter) and section 792 of title 15. (Pub. L. 95–620, title VII, § 751, Nov. 9, 1978, 92 Stat. 3344.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables. PART G—COORDINATION WITH OTHER PROVISIONS OF LAW § 8471. Effect on environmental requirements (a) Compliance with applicable environmental requirements Except as provided in section 8374 of this title, nothing in this chapter shall b

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