Powerplant and Industrial Fuel Use Act
PL 95-620 (H.R.5146), enacted 11/09/1978

PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3289 
Public Law 95-620 
95th Congress 
An Act 
To amend the Tariff Schedules of the United States to provide for the duty-free 
entry of competition bobsleds and luges. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ 
TITLE I—BOBSLEDS AND LUGES 
SEC. 101. Subpart D of part 5 of schedule 7 of the Tariff Schedules 
of the United States (19 U.S.C. 1202) is amended by striking out item 
734.97 and inserting in lieu thereof the following: 
734.98 Bobsleds and luges ot a kind used in international compe-
tition 
Other 
Free 
9% ad val. 
Free 
45% ad val. 
Nov. 9, 1978 
[H.R. 5146] 
Powerplant and 
Industrial Fuel 
Use Act of 1978. 
42 use 8301 
note. 
Bobsleds and 
luges, duty 
suspension. 
19 use 1202 
app. 
SEC. 102. The amendments made by the first section of this title shall 
19 USe 1202 
apply with respect to articles entered, or withdrawn from warehouse, 
"°^^-
for consumption on or after the date of enactment of this title. 
TITLE I—GENERAL PROVISIONS 
SEC. 101. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Powerplant and 
42 USe 8301 
Industrial Fuel Use Act of 1978". 
note. 
(b) 
TABLE OF CONTENTS.— 
TITLE I—GENERAL PROVISIONS 
Sec. 101. Short title; table of contents. 
. , ,.. v 
Sec. 102. Findings: statement of puriwses. 
Sec. 103. Definitions. 
Sec. 104. Territorial application. 
TITLE II—NEW FACILITIES 
SUBTITLE A—PBOHiBrriONS 
Sec. 201. New electric powerplants. 
Sec. 202, New major fuel-burning installations. 
SUBTITLE B—EXEMPTIONS 
Sec. 211. Temporary exemptions. 
Sec. 212. Permanent exemptions. 
Sec. 213. General requirements for exemptions. 
Sec. 214. Terms and conditions; compliance plans. 
TITLE III—EXISTING FACILITIES 
SUBTITLE A—PROHIBITIONS 
Sec. 301. Existing electric powerplants. 
Sec. 302. Existing major fuel-burning Installations. 
Sec. 303. Rules relating to case-by-case and category prohibitions. 
39-194 O—80—pt. 3 
42 : QL3 
92 STAT. 3290 
PUBLIC LAW 95-620—NOV. 9, 1978 
TITLE III—EXISTING FACILITIES—Continued 
, 
SUBTITLE B—^EXEMPTIONS 
Sec. 311. Temporary exemptions. 
Sec. 312. Permanent exemptions. 
Sec. 313. General requirements for exemptions. 
Sec. 314. Terms and conditions; compliance plans. 
TITLE IV—ADDITIONAL PROHIBITIONS; EMERGENCY AUTHORITIES 
Sec, 401. Authority to prohibit use of natural gas in certain boilers used for space 
heating. 
Sec. 402. Prohibition on use of natural gas for decorative outdoor lighting. 
Sec. 403. Conservation in Federal facilities, contracts, and financial assistance 
programs. 
Sec. 404. Emergency authorities. 
Sec. 405. Authority to restrict increased use of petroleum by existing power-
plants. 
TITLE V—SYSTEM COMPLIANCE OPTION 
Sec. 501. Electric utility system compliance option. 
; 
\ 
TITLE VI—FINANCIAL ASSISTANCE 
Sec. 601. Assistance to areas impacted by increased coal or uranium production. 
... ; ', 
Sec. 602. Loans to assist powerplant acquisitions of air pollution control equip-
ment. 
TITLE VII—ADMINISTRATION AND ENFORCEMENT 
SUBTITLE A—PEOCEDUEES 
Sec. 701. Administrative procedures. 
Sec. 702. Judicial review. 
-'- 
SUBTITLE B—INFORMATION AND REPOETINQ 
Sec. 711. Information. 
Sec. 712. Compliance reports. 
StTBTITLE O—ENFOEOEMENT 
Sec. 721. Notice of violation; other general provisions. 
' ' 
Sec. 722. Criminal penalties. 
Sec. 723. Civil penalties. 
Sec. 724. Injunctions and other equitable relief. 
Sec. 725. Citizen suits. 
SUBTTTLB D—PBESEBVATION OF OONTEAOTXTAL BlOHTS 
See. 731. Preservation of contractual rights. 
SUBTITLE E—STUDIES 
Sec. 741. National coal policy study. 
Sec. 742. Coal industry i>erformance and competition study. 
Sec. 743. Impact on employees. 
Sec. 744. Study of compliance problems of small electric utility systems. 
Sec. 745. Emissions monitoring. 
Sec. 746. Socioeconomic impacts of increased coal production and other energy 
development. 
Sec. 747. Use of petroleum and natural gas In combustors. 
SUBTITLE F—^APPEOPEIATIONS AUTHOBIZATION 
Sec. 751. Authorization of appropriations. 
SUBTITLE G—COOEDINATION W I T H OTHER PEOVISIONS OP LAW 
Sec. 761. Effect on environmental requirements. 
Sec. 762. Effect of orders under section 2 of ESEOA; amendments to ESEOA. 
Sec. 763. Environmental impact statements under NEPA. 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3291 
TITLE VIII—MISCELTiANEOUS PROVISIONS 
Sec. 801. Coal reserves disclosure. 
Sec. 802. 
Goal preparation facilities. 
Sec. 803. Railroad rehabilitation for carriage of coal. 
Sec. 804. 
Office of Rail Public Counsel. 
Sec. 805. Retroactive application of certain remedial orders. 
Sec. 806. 
Annual report. 
Sec. 807. 
Submission of rejwrts. 
TITLE IX—EFFECTIVE DATES 
Sec. 901. Effective date. 
Sec. 902. 
Interim petition and consideration for certain exemptions. 
SEC. 102. FINDINGS; STATEMENT OF PURPOSES. 
(a) FINDINGS.—The Congress finds that— 
42 USC 8301. 
(1) the protection of public health and welfare, tlie preserva-
tion of national security, and the regulation of interstate com-
merce require the establishment of a program for the expended 
use, consistent with applicable environmental requirements, of 
coal and other alternate fuels as primary energy sources for exist-
- ing and new electric powerplants and major fuel-burning installa-
tions; and 
(2) the purposes of this Act are furthered in cases in which 
coal or other alternate fuels are used by electric powerplants and 
major 
fuel-burning 
installations, consistent with 
applicable 
environmental requirements, as primary energy sources in lieu of 
natural gas or petroleum. 
(b) STATEMENT or PURPOSES.—The purpose of this Act, 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 conserve natural gas and petroleum for uses, other than 
electric utility or other industrial or commercial generation of 
steam or electricity, for which there are no feasible alternative 
fuels or raw material substitutes; 
(3) 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; 
(4) to the extent permitted by this Act, to encourage the use of 
synthetic gas derived from coal or other alternate fuels; 
(5) 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; 
(6) to prohibit or, as appropriate, minimize the use of natural 
gas and petroleum as a primary energy source and to conserve 
*' such gas and petroleum for the benefit of present and future 
generations; 
(7) to encourage the modernization or replacement of existing 
and new electric powerplants and major fuel-burning installations 
which utilize natural gas or petroleum as a primary energy source 
and which cannot utilize coal or other alternate fuels where to do 
so furthers the conservation of natural gas and petroleum; 
(8) to require that existing and new electric powerplants and 
'' major fuel-burning installations which utilize natural gas, petro-
92 STAT. 3292 
PUBLIC LAW 95-620—NOV. 9, 1978 
leum, or coal or other alternate fuels pursuant to this Act comply 
with applicable environmental requirements; 
(9) to insure that all Federal agencies utilize their authorities 
fully in furtherance of the purposes of this Act by carrying out 
programs designed to prohibit or discourage the use of natural 
gas and petroleum as a primary energy source and by taking such 
actions as lie within their authorities to maximize the efficient use 
of energy and conserve natural gas and petroleum in programs 
funded or carried out by such agencies; 
(10) to insure that adequate supplies of natural gas are avail-
able for essential agricultural uses (including crop drying, seed 
drying, irrigation, fertilizer production, and production of essen-
'* 
tial fertilizer ingredients for such uses); 
(11) to reduce the vulnerability of the United States to energy 
supply interruptions; and 
(12) to regulate interstate commerce. 
* 
SEC. 103. DEFINITIONS. 
42 use 8302. 
(a) Unless otherwise expressly provided, for the purposes of this 
Act— 
(1) The term "Secretary" means the Secretary of Energy. 
(2) The term, "person" means any (A) individual, corporation, 
company, partnership, association, firm, institution, society, trust, 
joint venture, or joint stock company, (B) any State, the District 
of Columbia, Puerto Rico, and any territory or possession of the 
United States, or (C) any agency or instrumentality (including 
any municipality) thereof. 
(3) (A) Except as provided in subparagraph (B), the term 
"natural gas" means any fuel consisting in whole or in part of— 
(i) natural gas; 
(ii) liquid petroleum ^as; 
(iii) synthetic gas derived from petroleum or natural gas 
liquids; or 
(iv) any mixture of natural gas and synthetic gas. 
(B) The term "natural gas" does not include— 
(i) natural gas which is commercially unmarketable 
(either by reason of quality or quantity), as determined 
under rules prescribed by the Secretary; 
(ii) natural gas produced by the user from a well the 
maximum efficient production rate of which is less than 250 
million Btu's per day; 
(iii) natural gas to the extent the exclusion of such gas is 
provided for in subsection (b); or 
(iv) synthetic gas, derived from coal or other alternate 
fuel, the heat content of which is less than 600 Btu's per cubic 
foot at 14.73 pounds per square inch (absolute) and 60 
degrees Fahrenheit. 
(4) The term "petroleum" means crude oil and products 
derived from crude oil, other than— 
(A) synthetic gas derived from crude oil; 
(B) liquid petroleum gas; 
(C) liquid, solid, or gaseous waste byproducts of refinery 
, 
operations which are commercially unmarketable, either by 
reason of quality or quantity, as determined under rules pre-
scribed by the Secretary; or 
(D) petroleum coke or waste gases from industrial opera-
tions. 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3293 
(6) The term "coal" means anthracite and bituminous coal, 
lignite, and any fuel derivative thereof. 
(6) The term "alternate fuel" means electricity or any fuel, 
other than natural gas or petroleum, and includes— 
(A) petroleum coke, shale oil, uranium, biomass, and mu-
nicipal, industrial, or agricultural wastes, wood, and renew-
able and geothermal energy sources; 
(B) liquid, solid, or gaseous waste byproducts of refinery 
or industrial operations which are commercially unmarket-
able, either by reason of quality or quantity, as determined 
under rules prescribed by the Secretary; and 
(C) waste gases from industrial operations. 
(7) (A) The terms "electric powerplant" and "powerplant" 
mean any stationary electric generating unit, consisting of a 
boiler, a gas turbine, or a combined cycle unit, which produces 
electric power for purposes of sale or exchange and— 
(i) has the design capability of consuming any fuel (or 
mixture thereof) at a fuel heat input rate of 100 million Btu's 
per hour or greater; or 
(ii) is in a combination of two or more electric generating 
units which are located at the same site and which in the 
aggregate have a design capability of consuming any fuel 
(or mixture thereof) at a fuel heat input rate of 250 million 
Btu's per hour or greater. 
(B) For purposes of subparagraph (A), the term "electric 
generating unit" does not include— 
(i) any electric generating unit subject to the licensing 
jurisdiction of the Nuclear Regulatory Commission; and 
(ii) any cogeneration facility, less than half of the annual 
electric power generation of which is sold or exchanged for 
resale, as determined by the Secretary, 
(C) For purposes of clause (ii) of subparagraph (A), there 
shall be excluded any unit which has a design capability to con-
sume any fuel (including any mixture thereof) that does not 
equal or exceed 100 million Btu's per hour and the exclusion of 
which for purposes of such clause is determined by the Secretary, 
by rule, to be appropriate. 
(8) The term "new electric powerplant" means— 
(A) any electric powerplant for which construction or 
acquisition began on a date on or after the date of enactment 
of this Act; and 
(B) any electric powerplant for which construction or 
acquisition began on a date after April 20, 1977, and before 
the date of the enactment of this Act, unless the Secretary 
finds the construction or acquisition of such powerplant could 
not be canceled, rescheduled, or modified to comply with the 
applicable requirements of this Act without— 
(i) adversely affecting electric system reliability (as 
determined by the Secretary after consultation with the 
Federal Energy Regulatory Commission and the appro-
priate State authority), or 
(ii) imposing substantial financial penalty (as deter-
mined under rules prescribed by the Secretary). 
(9) (A) The term "existing electric powerplant" means any 
electric powerplant other than a new electric powerplant. 
92 STAT. 3294 
PUBLIC LAW 95-620—NOV. 9, 1978 
(B) Any powerplant treated under this Act as an existing elec-
tric powerplant shall not be treated thereafter as a new electric 
powerplant merely by reason of a transfer of ownership. 
(10) (A) The terms "major fuel-burning installation" and 
"installation" means a stationary unit consisting of a boiler, gas 
turbine unit, combined cycle unit, or internal combustion engine 
which— 
(i) has a design capability of consuming any fuel (or mix-
ture thereof) at a fuel heat input rate of 100 million Btu's 
per hour or greater; or 
(ii) is in a combination of two or more such units which 
are located at the same site and which in the aggregate have 
a design capability of consuming any fuel (or mixture 
thereof) at a fuel heat input rate of 250 million Btu's per 
hour or greater. 
(B) The terms "major fuel-burning installation" and "installa-
tion" do not include— 
(i) any electric powerplant; or 
(ii) any pump or compressor used solely in connection with 
the production, gathering, transmission, storage, or distribu-
tion of gases or liquids, but only if there is certification to the 
Secretary of such use (in accordance with rules prescribed by 
the Secretary). 
(C) For purposes of clause (ii) of subparagraph (A), there 
shall be excluded any unit which has a design capability to con-
sume any fuel (including any mixture thereof) that does not equal 
or exceed 100 million Btu's per hour and the exclusion of which 
for purposes of such clause is determined by the Secretary, by rule, 
to be appropriate. 
(11) The term "new major fuel-burning installation" means— 
(A) any major fuel-burning installation on which con-
struction or acquisition began on a date on or after the date 
of the enactment of this Act; and 
(B) any major fuel-burning installation on which con-
struction or acquisition began on a date after April 20, 1977, 
and before the date of the enactment of this Act, unless the 
Secretary finds the construction or acquisition of such 
installation could not be canceled, rescheduled, or modified to 
comply with applicable requirements of this Act without— 
(i) incurring significant operational detriment of the 
unit (as determined by the Secretary); or 
(ii) imposing substantial financial penalty (as deter-
mined under rules prescribed by the Secretary). 
(12) (A) The term "existing major fuel-burning installation" 
means any installation which is not a new major fuel-burning 
installation. 
(B) Such term does not include a major fuel-burning installa-
tion for the extraction of mineral resources located— 
(i) on or above the Continental Shelf of the United States, 
or 
(ii) on wetlands areas adjacent to the Continental Shelf of 
the United States, 
where coal storage is not practicable or would produce adverse 
effects on environmental quality. 
(C) Any installation treated as an existing major fuel-burning 
installation shall not be treated thereafter as a new major fuel-
burning installation merely by reason of a transfer of ownership. 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3295 
(13) The term "construction or acquisition began" means, when 
used with reference to a certain date, that— 
(A) construction in accordance with final drawings or 
equivalent design documents (as defined by the Secretary, by 
rule) began on or after that date; or 
(B) (i) construction or acquisition had been contracted for 
on or after that date, or (ii) if the construction or acquisition 
had been contracted for before such date, such construction 
or acquisition could be canceled, rescheduled, or modified to 
comply with the applicable requirements of this Act— 
(I) without imposing substantial financial penalty, as 
determined under rules prescribed by the Secretary; 
(II) in the case of a powerplant, without adversely 
affecting electric system reliability (as determined by the 
Secretary after consultation with the Federal Energy 
Regulatory Commission and the appropriate State 
authority); or 
(III) in the case of a major fuel-burning installation, 
without incurring significant operational detriment of the 
unit (as determined by the Secretary). 
(14) The term "construction" means substantial onsite con-
struction or reconstruction, as defined by rule by the Secretary. 
(15) The term "primary energy source" means the fuel or fuels 
used by any existing or new electric powerplant or major fuel-
burning installation, except it does not include, as determined 
under rules prescribed by the Secretary— 
(A) the minimum amounts of fuel required for unit 
ignition, startup, testing, flame stabilization, and control uses, 
and 
(B) the minimum amounts of fuel required to alleviate 
or prevent (i) unanticipated equipment outages and (ii) 
emergencies directly affecting the public health, safety, or 
welfare which would result from electric power outages. 
(16) The term "site limitation" means, when used with respect 
to any powerplant or installation, any specific physical limita-
tion associated with a particular site which relates to the use of 
coal or other alternate fuels as a primary energy source for such 
powerplant or installation, such as— 
(A^ inaccessibility to coal or other alternate fuels; 
(B) lack of transportation facilities for coal or other alter-
nate fuels; 
(C) lack of adequate land or facilities for the handling, 
use, and storage of coal or other alternate fuels; 
(D) lack of adequate land or facilities for the control or 
disposal of wastes from such powerplant or installation, 
including lack of pollution control equipment or devices 
necessary to assure compliance with applicable environmental 
requirements; and 
(E) lack of an adequate and reliable supply of water, 
including water for use in compliance with applicable 
environmental requirements. 
(17) The term 
"applicable 
environmental 
requirements" 
includes— 
(A) any standard, limitation, or other requirement estab-
lished by or pursuant to Federal or State law (including any 
final order of any Federal or State court) applicable to emis-
92 STAT. 3296 
PUBLIC LAW 95-620—NOV. 9, 1978 
42 use 7401 
note. 
33 use 1251 
note. 
42 use 6901 
note. 
42 use 4321 
note. 
Rules. 
42 use 7602. 
sions of environmental pollutants (including air and water 
pollutants) or disposal of solid waste residues resulting from 
the use of coal or other alternate fuels or natural gas or petro-
leum as a primary energy source or from the operation of 
pollution control equipment in connection with such use, tak-
ing into account any variance of law granted or issued in 
accordance with Federal law or in accordance with State law 
to the extent consistent with Federal law; and 
(B) any other standard, limitation, or other requirement 
established by, or pursuant to, the Clean Air Act, the Federal 
Water Pollution Control Act, the Solid Waste Disposal Act, 
or the National Environmental Policy Act of 1969. 
(18) (A) The term "peakload powerplant" means a powerplant 
the electrical generation of which in kilowatt hours does not 
exceed, for any 12-calendar-month period, such powerplant's 
design capacity multiplied by 1,500 hours. 
(B) The term "intermediate load powerplant" means a power-
plant (other than a peakload powerplant), the electrical genera-
tion of which in kilowatt hours does not exceed, for any 12-calen-
dar-month period, such powerplant's design capacity multiplied 
by 3,500 hours. 
(C) The term "base load powerplant" means a powerplant the 
electrical generation of which in kilowatt hours exceeds, for any 
12-calendar-month period, such powerplant's design capacity 
multiplied by 3,500 hours. 
(D) Not later than 90 days after the date of the enactment of 
this Act, the Federal Energy Regulatory Commission shall pre-
scribe rules under which a powerplant's design capacity may be 
determined for purposes of this paragraph. 
(19) the term "cogeneration facility" means an electric power-
plant or a major fuel-burning installation which produces— 
(A) electric power; and 
(B) any other form of useful energy (such as steam, gas, 
or heat) which is, or will be, used for industrial, commercial, 
or space heating purposes. 
(20) The term "cost", unless the context indicates otherwise, 
means total costs (both operating and capital) incurred over the 
estimated remaining useful life of an electric powerplant or major 
fuel-burning installation, discounted to present value, as deter-
mined by the Secretary (in the case of powerplants, in consulta-
tion with the State regulatory authorities). In the case of an 
electric powerplant, such costs shall take into account any change 
required in the use of existing electric powerplants in the relevant 
dispatching system and other economic factors which are included 
in planning for the production, transmission, and distribution of 
electric power within such system. 
(21) The term "State regulatory authority" means any State 
agency which has ratemaking authority with respect to the sale 
of electricity by anv State reflated electric utility. 
(22) The term "air pollution control agency" has the same 
meaning as given such term by section 302(b) of the Clean Air 
Act. 
(23) The term "electric utility" means any person, including 
any affiliate, or Federal agency which sells electric power. 
(24) The term "affiliate", when used in relation to a person, 
means another person which controls, is controlled by, or is under 
common control with, such person. 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3297 
(25) The term "Federal agency" means each authority of the 
Government of the United States, whether or not it is within or 
subject to review by another agency, but does not include— 
(A) the Congress; 
(B) the courts of the United States; 
(C) the governments of the territories or possessions of the 
United States; and 
(D) the government of the District of Columbia. 
. « 
(26) The term "Btu" means British thermal unit. 
(27) the term "Mcf" means, when used in relation to natural 
gas, 1,000 cubic feet of natural gas. 
(28) The term "mixture", when used in relation to fuels used 
in a unit, means a mixture of such fuels or a combination of such 
fuels used simultaneously or alternately in such unit. 
(29) The term "fluidized bed combustion" means combustion of 
fuel in connection with a bed of inert material, such as limestone or 
dolomite, which is held in a fluid-like state by the means of air or 
other gases being passed through such materials. 
(b) SPECIAL RULES RELATING TO DEFINITIONS or NATURAL GAS AND 
ALTERNATE FU^L.— (1) Subject to paragraph (2), natural gas which 
is to be used by a powerplant or major fuel-burning installation shall, 
for purposes of this Act (other than this subsection), be excluded 
from the definition of "natural gas" under subsection (a) (3) (B) (iii) 
and shall be included within the definition of "alternate fuel" under 
subsection (a) (6) if the person proposing to use such natural gas certi-
fies to the Secretary (together with such supporting documents as the 
Secretary may require) that— 
(A) such person owns, or is entitled to receive, at the point of 
manufacture, synthetic gas derived from coal or another alternate 
fuel; 
(B) the Btu content of such synthetic gas is equal to, or greater 
than, the Btu content of the natural gas to be covered by this sub-
section by reason of such certification, plus the approximate Btu 
content of any natural gas consumed or lost in transportation; 
(C) such person delivers, or arranges for the delivery of, such 
synthetic gas to a pipeline or pipelines which by transport or dis-
placement are capable of delivering such synthetic gas, mixed 
with natural gas, to such person; and 
(D) all necessary permits, licenses, or approvals from appropri-
ate Federal, State, and local agencies (including Indian tribes) 
have been obtained for construction and operation of the facilities 
for the manufacture of the synthetic gas involved, except that for 
purposes of the prohibition under section 201(2) against power-
plants being constructed without the capability of using coal or 
another alternate fuel, only permits, licenses, and approvals for 
the construction of such synthetic gas facilities shall be required 
under this subparagraph to be certified and documented. 
(2) The application of paragraph (1) with respect to the use of Report, submittal 
natural gas by any powerplant or major-fuel burning installation ^ Secretary, 
shall be conditioned on the person using such natural gas submitting 
to the Secretary a report not later than one year after certification is 
made under paragraph (1), and annually thereafter, containing the 
following information : 
(A) the source, amount, quality, and point of delivery to the 
pipeline of the synthetic gas to which paragraph (1) applied 
during the annual period ending with the calendar month preced-
ing the date of such report; and 
92 STAT. 3298 
PUBLIC LAW 95-620—NOV. 9, 1978 
(B) the amount, quality, and point of delivery by the pipeline 
to such person of the natural gas covered by paragraph (1) which 
is used by the person during such annual period. 
(3) In the case of any boiler subject to a prohibition under section 
Post, p. 3314. 
401, the preceding provisions of this subsection shall apply with 
respect to such boiler to the same extent and in the same manner as they 
apply in the case of major fuel-burning installations. 
"Pipeline". 
(4) For purposes of this subsection, the term "pipeline" means any 
interstate or intrastate pipeline or local distribution company, 
SEC. 104. TERRITORIAL APPLICATION. 
42 use 8303. 
The provisions of this Act shall apply in all the States, Puerto Rico, 
and the territories and possessions of the United States, except that— 
(1) the provisions of titles I I and I I I (other than section 301) 
shall only apply to powerplants and installations situated within 
the contiguous 48 States, Alaska, and the District of Columbia; 
and 
(2) the provisions of section 301 shall only apply to power-
plants situated within the contiguous 48 States and the District 
of Columbia. 
TITLE II—NEW FACILITIES 
Subtitle A—Prohibitions 
SEC. 201. NEW ELECTRIC POWERPLANTS. 
42 use 8311. 
Except to such extent as may be authorized under subtitle B— 
(1) natural gas or petroleum shall not be used as a primary 
energy source in any new electric powerplant; and 
(2) no new electric powerplant may be constructed without the 
capability to use coal or any other alternate fuel as a primary 
energy source. 
SEC. 202. NEW MAJOR FUEL-BURNING INSTALLATIONS. 
42 use 8312. 
(a) GENERAL PROHIBITION.—Except to such extent as may be author-
ized under subtitle B, natural gas or petroleum shall not be used as a 
primary energy source in a new major fuel-burning installation con-
sisting of a boiler. 
(b) AUTHORITY OF SECRETARY TO PROHIBIT NONBOILERS FROM USING 
NATURAL GAS OR PETROLEUM.— (1) The Secretary may, by rule, pre-
scribe categories (identified in such rules) of new major fuel-burning 
installations, other than boilers, in which natural gas or petroleum, 
or both, shall be prohibited from being used as a primary energy 
source. In identifying categories of new major fuel-burning installa-
tions pursuant to this paragraph, the Secretary shall take into account 
any special circumstances or characteristics of each category of such 
installations (such as the technical feasibility of burning coal or other 
alternate fuels and the size or geographic location of such installa-
Final rule, 
tions). The application of any such final rule in the case of any new 
application. 
major fuel-buming installation subject to such rule shall be stayed 
pending a resolution (including judicial review) of any petition for an 
exemption for such installation which is filed with the Secretary not 
later than 60 days after such final rule is published under section 
Post, p. 3331. 
702(a). Any such final rule shall not apply in the case of any installa-
tion with respect to which a comparable prohibition was issued by 
order (or was proposed but was not issued because it was demonstrated 
that it could qualify for an exemption under subtitle B ) . 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3299 
(2) (A) The Secretary may, by order, prohibit the use of natural gas 
or petroleum, or both, as a primary energy source in any new major 
fuel-burning installation, other than a boiler, if such installation is not, 
at the time of the issuance of the proposed order, in a category identi-
fied in a final rule issued under paragraph (1). 
(B) Subject to subpragraph (C), the Secretary shall not issue 
a final order under this paragraph with respect to any installation if 
it is demonstrated that there would have been granted an exemption 
for such installation if such prohibition had been established by rule 
pursuant to paragraph (1) rather than by order pursuant to this para-
graph, except that if a temporary exemption would have been granted, 
such a final order may be issued but may not take effect until such time 
as such temporary exemption would have terminated. 
(C) In any case in which an order is not issued by reason of sub-
paragraph (B) or in which the effective date of such order is delayed 
under subparagraph (B), the Secretary shall take such steps as may 
be necessary to assure the installation involved complies with the same 
requirements (including provisions of section 214(a)) as would have 
been applicable if an exemption had been granted based upon the 
grounds for which the order is not issued or the effective date of which 
is delayed. 
(3) A prohibition under this subsection shall only apply with Applicability, 
respect to an installation for which construction or acquisition began 
on or after the date of the publication under section 701(b) of the ^o*'- P- 3329. 
proposed rule or order establishing the prohibition. Any installation 
not subject to such a prohibition because of the preceding sentence 
shall be considered an existing major fuel-burning installation for 
purposes of title III. 
Subtitle B—Exemptions 
SEC. 211. TEMPORARY EXEMPTIONS. 
(a) GENERAL EXEMPTION DUE TO LACK OF ALTERNATE FUEL SUPPLY, "
^
2 USC 8321. 
SITE LIMITATIONS, OR ENVIRONMENTAL REQUIREMENTS.—After con-
sideration of a petition (and comments thereon) for an exemption for 
a powerplant or installation from one or more of the prohibitions of 
subtitle A, the Secretary shall, by order, grant an exemption under this 
'" 
subsection for the use of natural gas or petroleum, if he finds that 
the petitioner has demonstrated that for the period of the proposed 
exemption, despite diligent good faith efforts— 
(1) it is likely that an adequate and reliable supply of coal or 
other alternate fuel of the quality necessary to conform with 
design and operational requirements for use as a primary energy 
source will not be available to such powerplant or installation 
at a cost (taking into account associated facilities for the trans-
portation and use of such fuel) which, based upon the best prac-
ticable estimates, does not substantially exceed the cost, as 
determined by rule by the Secretary, of using imported petroleum 
as a primary energy source; 
(2) one or more site limitations exist which would ot permit 
the location or operation of such a powerplant or installation 
using coal or any other alternate fuel as a primary energy source; 
or 
(3) the prohibitions of section 201 or 202 could not be satisfied 
without violating applicable environmental requirements. 
92 STAT. 3300 
PUBLIC LAW 95-620—NOV. 9, 1978 
(b) TEMPORARY EXEMPTION BASED U P O N FUTURE U S E OF SYNTHETIC 
FUELS.—^After consideration of a petition (and comments thereon) for 
-^ 
an exemption for a powerplant or installation from one or more of 
the prohibitions of subtitle A, the Secretary shall, by order, grant an 
exemption under this subsection for the use of natural gas or petro-
leum, if he finds that the petitioner has demonstrated that— 
(1) the petitioner will comply with the prohibitions of subtitle 
A by the end of the proposed exemption by the use of a synthetic 
fuel derived from coal or another alternate fuel; and 
(2) the petitioner is not able to comply with such prohibitions 
by the use of such synthetic fuel until the end of the proposed 
exemption. 
Compliance plan. The effectiveness of an exemption under this subsection is conditioned 
filing and 
Q^ f^j^Q petitioner filing and maintaining a compliance plan meeting 
maintenance. 
^j^^ requirements of section 214(b). 
(c) TEMPORARY PUBLIC INTEREST EXEMPTION.—After consideration 
of a petition (and comments thereon) for an exemption for a power-
plant or installation from one or more of the prohibitions of subtitle 
A, the Secretary may, by order, grant an exemption under this sub-
section for the use of natural gas or petroleum, if he finds that the 
petitioner has demonstrated that for the period of the proposed exemp-
tion the issuance of such exemption would be in the public interest 
and would be consistent with the purposes of this Act. 
(d) TEMPORARY EXEMPTION FOR THE I"^SE OF PETROLEUM BY CERTAIN 
INSTALLATIONS.—After consideration of a petition (and comments 
thereon) for an exemption from the prohibition of the use of petro-
leum under section 202 for an installation with a design capacity of 
consuming any fuel (or any mixture thereof) at a fuel heat input 
rate which does not exceed 300 million Btu's per hour, the Secretary 
may, by order, grant an exemption under this subsection for the use of 
petroleum if he finds that the petitioner has demonstrated, by the exist-
ence of binding contracts or other evidence, including appropriate 
State construction permits, that he will use coal or another alternate 
fuel for at least 75 percent of the annual fuel heat input rate up'>n the 
expiration of such exemption. For provisions relating to authority to 
receive, consider and granting (or denying) certain petitons for an 
Post, p. 3349. 
exemption under this subsection, see section 902(b). 
(e) DURATION OF TEMPORARY EXEMPTIONS.—(1) Except as provided 
in paragraph (2), exemptions under this section for any powerplant 
or installation may not exceed, taking into account any extension or 
renewal, 6 years. 
(2) (A) An exemption under subsection (a) (1) may be granted 
for a period of more than 5 years, but may not exceed, taking into 
account any extension or renewal, 10 years, 
(B) An exemption under subsection (b) may be extended beyond 
the 5-year limit under paragraph (1), but such exemption, so extended, 
may not exceed 10 years. 
(3) If an exemption is granted for any powerplant or installation 
before the powerplant or installation is placed in service, the period 
before it is placed in service shall not be taken into account in com-
puting the 5-year and the 10-year limitations of paragraphs (1) and 
(2)-
SEC. 212. PERMANENT EXEMPTIONS. 
42 use 8322. 
^^^ PERMANENT EXEMPTION D U E TO LACK OF ALTERNATE F U E L S U P -
PLY, SITE LIMITATIONS, ENVIRONMENTAL REQUIREMENTS, OR ADEQUATE 
CAPITAL.—(1) After consideration of a petition (and comments there-
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3301 
on) for an exemption for a powerplant or installation from one or 
more of the prohibitions of subtitle A, the Secretary shall, by order, 
grant a permanent exemption under this subsection with respect to 
natural gas or petroleum, if he finds that the petitioner has demon-
strated that despite diligent good faith efforts— 
(A) it is likely that an adequate and reliable supply of coal or 
other alternate fuel of the quality necessary to conform with design 
and operational requirements for use as a primary energy source 
(i) will not be available within the first 10 years of the useful life 
of the powerplant or installation, or (ii) will not be available at 
a cost (taking into account associated facilities for the transpor-
tation and use of such fuel) which, based upon the best practicable 
estimates, does not substantially exceed the cost, as determined by 
rule by the Secretary, of using imported petroleum as a primary 
energy source during the useful life of the powerplant or instal-
lation involved; 
(B) one or more site limitations exist which would not permit 
the location or operation of such powerplant or installation using 
coal or any other alternate fuel as a primary energy source; 
(C) the prohibitions of subtitle A could not be satisfied with-
out violating applicable environmental requirements; or 
(D) the required use of coal or any other alternate fuel would 
not allow the petitioner to obtain adequate capital for the financ-
ing of such powerplant or installation. 
(2) The demonstration required to be made by a petitioner under 
paragraph (1) shall— 
(A) m the case of a new major fuel-burning installation, be 
made with respect to the site of such installation proposed by the 
petitioner; and 
(B) in the case of a new electric powerplant, be made with 
respect to the site of such powerplant and reasonable alternative 
sites. 
(3) Notwithstanding the preceding provisions of this subsection. Limitation, 
a powerplant which has been granted an exemption under subsection 
(h^ may not be granted an exemption under this subsection. 
(b) PERMANENT EXEMPTION DUE TO CERTAIN STATE OR LOCAL 
REQUIREMENTS.—After consideration of a petition (and comments 
thereon) for an exemption for a powerplant or installation from one 
or more of the prohibitions of subtitle A, the Secretary may, by order, 
grant a permanent exemption under this subsection with respect to 
natural gas or petroleum, if he finds that the petitioner has demon-
strated that— 
(1) with respect to the proposed site of the powerplant or 
installation, the construction or operation of such a facility using 
coal or any other alternate fuel is infeasible because of a State or 
local requirement (other than a building code or a nuisance or 
zoning law); 
(2) in the case of a powerplant, there is no reasonable alterna-
tive site for such powerplant which meets the criteria set forth in 
subsection (a) (1) (A) through (D); and 
(3) the granting of the exemption would be in the public inter-
est and would be consistent with the purposes of this Act. 
(c) PERMANENT EXEMPTION FOR COGENERATION.—^After considera-
tion of a petition (and comments thereon) for an exemption from one 
or more of the prohibitions of subtitle A for a cogeneration facility, 
determination. 
92 STAT. 3302 
PUBLIC LAW 95-620—NOV. 9, 1978 
the Secretary may, by order, grant a permanent exemption under this 
subsection with respect to natural gas or petroleum, if he— 
(1) finds that the petitioner has demonstrated that economic 
and other benefits of cogeneration are unobtainable unless petro-
leum or natural gas, or both, are used in such facility, and 
(2) includes in the final order a statement of the basis for such 
finding. 
(d) 
PERMANENT EXEMPTION FOR CERTAIN MIXTURES CONTAINING 
NATURAL GAS OR PETROLEUM.—(1) After consideration of a petition 
(and comments thereon) for an exemption for a powerplant or installa-
tion from one or more of the prohibitions of subtitle A, the Secretary 
shall, by order, grant a permanent exemption under this subsection 
with respect to natural gas or petroleum, if he finds that the petitioner 
has demonstrated that— 
(A) the powerplant or installation uses, or proposes to use, a 
mixture of petroleum or natural gas and coal or another alternate 
fuel as a primary energy source; and 
(B) the amount of the petroleum or natural gas used in such 
mixture will not exceed the minimum percentage of the total 
Btu heat input of the primary energy sources of such powerplant 
or installation needed to maintain reliability of operation of such 
powerplant or installation consistent with maintaining a reason-
able level of fuel efficiency, as detennined in accordance with rules 
prescribed by the Secretary. 
j^'^^^i!*^^!- 
(^) ^^ ^^^ ^^^® ®^ ^ ^^^^ major fuel-burning installation, the per-
centage determined by the Secretary imder subparagraph (B) of 
paragraph (1) shall not be less than 25 percent. 
(e) PERMANENT EXEMPTION FOR EMERGENCY PURPOSES.—After con-
sideration of a petition (and comments thereon) for an exemption 
from one or more of the prohibitions of subtitle A for a powerplant 
or installation, the Secretary shall, by order, grant a permanent exemp-
tion under this subsection with respect to natural gas or petroleum, 
if he finds that the petitioner has demonstrated that such powerplant 
or installation will be maintained and operated only for emergency 
purposes (as defined by rule by the Secretary). 
(f) PERMANENT EXEMPTION FOR POWERPLANTS NECESSARY To M A I N -
TAIN RELIABILITY OF SERVICE.—After consideration of a petition (and 
comments thereon) for an exemption for a powerplant from one or 
more of the prohibitions of subtitle A, the Secretary may, by order, 
grant a permanent exemption under this subsection with respect to 
natural gas or petroleum if he finds that the petitioner has demon-
strated that— 
(1) such exemption is necessary to prevent impairment of reli-
ability of service, and 
(2) the petitioner, despite diligent good faith efforts, is not 
able to make the demonstration necessary to obtain an exemption 
under subsection (a) or (b) in the time required to prevent such 
impairment of service. 
(g) PERMANENT EXEMPIION FOR PEAKLOAD POWERPLANTS.—After 
consideration of a petition (and comments thereon) for an exemption 
for a powerplant— 
(1) in the case of a proposed use of petroleum, the Secretary 
shall, by order, grant a permanent exemption under this sub-
section with respect to petroleum if the petitioner certifies that 
such powerplant is to be operated solely as a peakload power-
plant ; and 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3303 
(2) in the case of a proposed use of natural gas, the Secretary 
shall, by order, grant a permanent exemption under this sub-
section with respect to natural gas if— 
(A) the Administrator of the Environmental Protection 
Agency (or the appropriate State air pollution control 
agency) certifies to the Secretary that the use by such power-
plant of coal or any available alternate fuel as a primary 
energy source will cause or contribute to a concentration, in an 
air quality control region or any area within such region, of a 
pollutant for which any national ambient air quality stand-
ard is or would be exceeded; and 
(B) the petitioner certifies that such powerplant is to be 
operated solely as a peakload powerplant. 
(h) 
PERMANENT EXEMPTION FOR INTERMEDIATE LOAD POWER-
PLANTS.— (1) After consideration of a petition (and comments there- 
-; -
on) for an exemption from one or more of the prohibitions of subtitle 
A on the use of petroleum by a powerplant, the Secretary may grant a 
permanent exemption under this subsection for such use, by order, if 
he finds that the petitioner has demonstrated that— 
(A) the Administrator of the Environmental Protection 
Agency (or the appropriate State air pollution control agency) 
certifies to the Secretary that the use by such powerplant of coal 
or any available alternate fuel as a primary energy source will 
cause or contribute to a concentration, in an air quality control 
region or any area within such region, of a pollutant for which 
any national ambient air quality standard is or would be exceeded; 
(B) such powerplant is to be constructed and operated only to 
replace no more than the equivalent capacity of existing electric 
powerplants— 
(i) which use natural gas or petroleum as a primary source, 
(ii) which are owned by the same person who is to operate 
such powerplant, and 
(iii) which, if they used coal as a primary energy source, 
would cause or contribute to such a concentration in such 
area; 
(C) such powerplant is to be operated solely as an intermediate 
load powerplant; 
(D) the net heat input rate for such powerplant will be main-
tained at or less than 9,500 Btu's per kilowatt hour throughout 
the useful life of the powerplant; 
(E) there is no reasonable alternative site for such powerplant 
which meets the criteria set forth in subsection (a)(1) (A) 
through (D); and 
(F) the powerplant is to be constructed with the capability to 
use a synthetic fuel derived from coal or other alternate fuel. 
(2) The Secretary shall, from time to time, review each exemption Review, 
granted to a powerplant under this subsection, and shall terminate 
such exemption When he finds that there is available a supply of syn-
thetic fuel derived from coal or other alternate fuel suitable for use as 
a primary energy source by such powerplant. 
(i) PERMANENT EXEMPTIONS FOR INSTALLATIONS BASED UPON PROD-
UCT O
R PROCESS REQUIREMENTS.—After consideration of a petition 
(and comments thereon) for an exemption for an installation from 
' ' 
one or more of the prohibitions of subtitle A, the Secretary shall, by 
order, grant a permanent exemption under this subsection with respect 
to natural gas or petroleum, if he finds that the petitioner has demon-
strated that— 
92 STAT. 3304 
PUBLIC LAW 95-620—NOV. 9, 1978 
(1) the use of coal or another alternate fuel 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. 
(i) PERMANENT EXEMPTION FOR INTALLATIONS NECESSARY To MEET 
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, grant a permanent exemption under this subsection if lie finds 
that the petitioner has demonstrated that such exemption is necessary 
to meet scheduled equipment outages (as defined by the Secretary by 
rule). 
SEC. 213. GENERAL REQUIREMENTS FOR EXEMPTIONS. 
42 use 8323. 
(a) U S E OF MIXTURES OR FLUIDIZED BED COMBUSTION NOT FEASI-
BLE.—Except in the case of an exemption under section 212 (d) or (g), 
the Secretary may grant 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 another alternate fuel, 
for which an exemption under section 212(d) 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 another alternate 
fuel is economically and technically feasible. 
(b) 
STATE APPROVAL REQUIRED FOR POWERPLANT.—If the appro-
priate State regulatory authority has not approved a powerplant for 
which a petition has been filed, such exemption— 
(1) to the extent it applies to the prohibition under section 201 
(2) against construction without the capability of using coal or 
another alternate fuel, shall not take effect until all approvals 
required by such State regulatory authority which relate to con-
struction have been obtained; and 
(2) to the extent it applies to the prohibition under section 201 
(1) against the use of natural gas or petroleum as a primary 
energy source, shall not take effect until all approvals required by 
such State regulatory authority which relate to construction or 
operation have been obtained. 
(c) 
No ALTERNATIVE POWER SUPPLY I N THE CASE OF A POWER-
PLANT.—(1) Except in the case of an exemption under section 212 (c) 
or (g), the Secretary may not grant an exemption for a new power-
plant unless he finds that the petitioner has demonstrated that there is 
no alternative supply of electric power which is available within a 
reasonable distance at 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. 
Petition and 
(2) The Secretary shall forward a copy of any such petition to the 
consultation. 
Federal Energy Regulatory Commission promptly after it is filed with 
the Secretary and shall consult with such Commission before making 
any finding on such petition under paragraph (1). 
SEC. 214. TERMS AND CONDITIONS; COMPLIANCE PLANS. 
42 use 8324. 
(a)TERMSAND CONDITIONS GENERALLY.—Any exemption from any 
prohibition under this subtitle shall be on such terms and conditions 
as the Secretary determines appropriate, including terms and condi-
tions requiring the use of effective fuel conservation measures which 
are practicable and consistent w^ith. the purposes of this Act. In the 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3305 
case of any temporary exemption, the terms and conditions (which 
may include a compliance plan meeting the requirements of subsection 
(b)) shall be designed to insure that upon the expiration of such 
exemption, the persons and powerplant or installation covered by such 
exemption will comply with the applicable prohibitions. 
(b) COMPLIANCE PLANS.—A compliance plan meets the require-
ments of this subsection if it is approved by the Secretary and— 
(1) contains (A) a schedule indicating how compliance with 
applicable prohibitions of this Act will occur and (B) evidence 
oi binding contracts for fuel, or facilities for the production of 
fuel, which would allow or such compliance; and 
(2) is revised at such times and to such extent as the Secretary 
may require to reflect changes in circumstances. 
TITLE III—EXISTING FACILITIES 
Subtitle A—Prohibitions 
SEC. 301. EXISTING ELECTRIC POWERPLANTS. 
(a) GENERAL PROHIBITIONS.—Except to such extent as may be '^^ ^^^ ^^'^^• 
authorized under subtitle B— 
(1) natural gas shall not be used as a primary energy source in 
an existing electric powerplant on or after January 1,1990; 
(2) natural gas shall not be used as a primary energy source in 
an existing electric powerplant before January i, 1990, unless such 
powerplant used natural gas as a primary energy source at any 
time during calendar year 1977; and 
(3) natural gas shall not be used as a primary energy source in 
an existing electric powerplant in any calendar year before 1990 
in greater proportions than the average yearly proportion of nat-
ural gas which— 
(A) such powerplant used as a primary energy source in 
calendar years 1974 through 1976, or 
(B) if such powerplant began operations on or after Janu-
ary 1,1974, such powerplant used as a primary energy source 
during the first two calendar years of its operation. 
The prohibition of paragraph (1) shall be stayed with respect to any Stay of 
existmg powerplant pending a resolution (including judicial review) 
prohibition. 
of any petition for any exemption from such prohibition which is filed 
for such powerplant at any time after the effective date of this Act, but 
at least one year before the date such prohibition first takes effect. 
(b) AUTHORITY OF SECRETARY To PROHIBIT WHERE COAL OR ALTER-
NATE FUEL CAPABILITY EXISTS.—The Secretary may prohibit, in 
accordance with section 303 (a) or (b), the use of petroleum or 
natural gas, or both, as a primary energy source in any existing electric 
powerplant, if the Secretary finds that— 
(1) such powerplant has or previously had the technical capa-
bility to use coal or another alternate fuel as a primary energy 
source; 
(2) such powerplant has the technical capability to use coal or 
another alternate fuel as a primary energy source, or it could have 
such capability without— 
(A) substantial physical modification of the powerplant, 
o r 
•••-"'•' 
(B) substantial reduction in the rated capacity of the 
powerplant; and 
39-194 O—80—pt. 3 
43 : QL3 
92 STAT. 3306 
PUBLIC LAW 95-620—NOV. 9, 1978 
Finding, 
publication. 
Post, p. 3329. 
42 use 8342. 
Finding, 
publication. 
Post, p. 3329. 
Percentage 
determination. 
42 use 8343. 
(3) it is financially feasible to use coal or another alternate fuel 
as a primary energy source in such powerplant. 
The requirement of paragraph (1) shall not be considered to be satis-
fied unless the finding under such paragraph is made before the date 
of the publication of the notice of proposed prohibition under section 
701 (b) and is published with such notice. 
(c) AUTHORITY OF SECRETARY T O PROHIBIT EXCESSIVE U S E I N MIX-
TURES.—In the case of any existing electric powerplant in which the 
Secretary finds it is technically and financially feasible to use a mix-
ture of petroleum or natural gas and coal or an alternate fuel as a pri-
mary energy source, the Secretary may prohibit, in accordance with 
section 303(a), the use of petroleum or natural gas, or both, in such 
powerplant in amounts in excess of the minimum amount necessary 
to maintain reliability of operation of the unit consistent with main-
taining reasonable fuel efficiency of such mixture. 
SEC. 302. EXISTING MAJOR FUEL-BURNING INSTALLATIONS. 
(a) AUTHORITY OF SECRETARY To PROHIBIT WHERE COAL OR ALTER-
NATE F U E L CAPABILITY EXISTS.—The Secretary may prohibit, in 
accordance with section 303 (a) or (b), the use of petroleum or natural 
gas, or both, as a primary energy source in any existing major fuel-
burning installation, if the Secretary finds that— 
(1) such installation has or previously had the technical capa-
bility to use coal or another alternate fuel as a primary energy 
source; 
(2) such installation has the technical capability to use coal or 
another alternate fuel as a primary energy source, or it could have 
such capability without— 
(A) substantial physical modification of the unit, or 
(B) substantial reduction in the rated capacity of the unit; 
and 
(3) it is financially feasible to use coal or another alternate fuel 
as a primary energy source in such installation. 
The requirement of paragraph (1) shall not be considered to be satis-
fied unless the finding under such paragraph is made before the date 
of the publication of the notice of proposed prohibition under section 
701 (b) and is published with such notice. 
(b) AUTHORITY OF SECRETARY To PROHIBIT EXCESSIVE U S E I N M I X -
TURES.— 
(1) In the case of any existing major fuel-burning installation 
in which the Secretary finds it is technically and financially feasi-
ble to use a mixture of petroleum or natural gas and coal or another 
alternate fuel as a primary energy source the Secretary may 
prohibit, in accordance with section 303(a), the use of petroleum 
or natural gas, or both, in such installation in amounts in excess 
of the minimum percentage of the total Btu heat input of the 
primary energy sources needed to maintain reliability of opera-
tion of the unit consistent with maintaining reasonable fuel 
efficiency of such mixture. 
(2) The percentage determined by the Secretary under para-
graph (1) shall not be less than 25 percent. 
SEC. 303. RULES RELATING TO CASE-BY-CASE AND CATEGORY PRO-
HIBITIONS. 
(a) CASE-BY-CASE PROHIBITIONS.—(1) Except to the extent author-
ized by subsection (b), the Secretary shall prohibit any powerplant 
or installation from using natural gas or petroleum under the author-
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3307 
ity granted him under section 301 (b) or (c) or 302 only by means of a 
final order issued by him which shall be limited to the particular 
powerplant or installation involved. 
(2) The Secretary may issue such a final order only with respect to a 
powerplant or installation which is not, at the time the proposed order 
IS issued, covered by a final rule issued under section (b). 
(3) (A) Subject to subparagraph (B), the Secretary shall not issue 
a final order under this subsection to any powerplant or installation 
if it is demonstrated that such powerplant or installation would have 
been granted an exemption if such prohibition had been established by 
a final rule pursuant to subsection (b) rather than by order pursuant to 
this subsection, except that if a temporary exemption would have 
been granted, such a final order may be issued but may not take effect 
until such time as the temporary exemption would have terminated. 
(B) In any case in which an order is not issued by reason of sub-
paragraph (A) or in which the effective date of such order is delayed 
under subparagraph (A), the Secretary shall take such steps as may 
be necessary to assure the installation involved complies with the same 
requirements (including provisions of section 314(a)) as would have 
been applicable if an exemption had been granted based upon the 
grounds for which the order is not issued or the effective date of which 
IS delayed. 
(b) 
PROHIBITIONS APPLICABLE TO CATEGORIES OF FACILITIES.—(1) 
The Secretary may, by rule, prohibit the use of natural gas or petro-
leum pursuant to section 301 (b) or 302(a)— 
(A) in the case of any category of existing electric powerplants 
identified in such rule; and 
(B) in the case of any category of existing major fuel-burning 
installations which have design capabilities of consuming fuel 
(or any mixture thereof) at a fuel heat input rate of 300 million 
Btu's per hour or greater which are identified in such rule. 
(2) Each powerplant or installation to be covered by any final rule 
issued under this subsection shall be specifically identified in the pro-
posed rule published under section 701 (b). 
P°^^^ P- ^^29. 
(3) In prescribing any final rule under this subsection, the Secre- Final rule, 
tary shall take into account any special circumstances or character- application, 
istics of each category of powerplants or installations (such as the 
intermittent use, size, age, or geographic location of such powerplants 
or installations). Any such rules shall not apply in the case of any 
existing electric powerplant or major fuel-burning installation— 
(A) pending a resolution (including judicial review) of any 
petition for any exemption for such powerplant or installation 
which may be filed with the Secretary not later than 60 days after 
such final rule is published under section T02(a) ; or 
Post, p. 3331. 
(B) with respect to which a comparable prohibition was issued 
by order (or was proposed but was not issued by reason of sub-
section (a)(3)). 
Subtitle B—Exemptions 
SEC. 311. TEMPORARY EXEMPTIONS. 
(a) TEMPORARY EXEMPTION- DUE TO LACK OP ALTERNATE FUEL SUP- 42 USC 8351. 
PLY, SITE LIMITATIONS, OR ENVIRONMENTAL REQUIREMENTS.—After 
consideration of a petition (and comments thereon) for an exemption 
from one or more of the prohibitions of subtitle A. for a powerplant 
or installation, the Secretary shall, by order, grant such an exemption 
92 STAT. 3308 
PUBLIC LAW 95-620—NOV. 9, 1978 
Compliance plan, 
filing and 
maintenance. 
Compliance plan, 
filing and 
maintenance. 
Compliance plan, 
filing and 
maintenance. 
for the use of natural gas or petroleum, if he finds that the petitioner 
has demonstrated that for the period of the proposed exemption, 
despite diligent ffood faith efforts— 
(1) it is likely that an adequate and reliable supply of coal or 
other alternate fuel of the quality necessary to conform with 
design and operational requirements for use as a primary energy 
source, will not be available to such powerplant or installation 
at a cost (taking into account associated facilities for the trans-
portation and use of such fuel) which, based upon the best 
practicable estimates, does not substantially exceed the costs, as 
determined by rule by the Secretary, of using imported petroleum 
as a primary energy source; 
(2) one or more site limitations exist which would not permit 
the operation of such a powerplant or installation using coal or 
any other alternate fuel as a primary energy source; or 
(3) the prohibitions of section 301 or 302 could not be satified 
without violating applicable environmental requirements. 
(b) TEMPORARY EXEMPTION BASED UPON FUTURE USE OF SYNTHETIC 
FUELS.—^After consideration of a petition (and comments thereon) 
for an exemption from one or more of the prohibitions of subtitle A 
for a powerplant or installation, the Secretary, by order, shall grant 
an exemption under this subsection for the use of natural gas or petro-
leum, if he finds that the petitioner has demonstrated that— 
(1) the petitioner will comply with the prohibitions of sub-
title A by the end of the proposed exemption by the use of a 
synthetic fuel derived from coal or another alternate fuel; and 
(2) the petitioner is not able to comply with such prohibitions 
by the use of such synthetic fuel until the end of the proposed 
exemption. 
The effectiveness of an exemption under this subsection is conditioned 
on the petitioner filing and maintaining a compliance plan meeting 
the requirements of section 314 (b). 
(c) TEMPORARY EXEMPTION BASED UPON USE OF INNOVATIVE TECH-
NOLOGIES.—After consideration of a petition (and comments thereon) 
for an exemption from one or more of the prohibitions of subtitle A 
for a powerplant or installation, the Secretary, by order, shall grant 
an exemption under this subsection for the use of natural gas or petro-
leum, if he finds that the petitioner has demonstrated that such power-
plant or installation will comply with such prohibitions at the 
expiration of such exemption by the adoption of a technology for the 
use of coal or another alternate fuel which at the time of the granting 
of the exemption is determined by the Secretary to be an innovative 
technology. The effectiveness of an exemption under this subsection is 
conditioned on the petitioner filing and maintaining a compliance plan 
meeting the requirements of section 314 (b). 
(d) TEMPORARY EXEMPTION FOR UNITS To BE RETIRED.— (1) After 
oonsideration of a petition (and comments thereon) for an exemption 
from one or more of the prohibitions of subtitle A for a powerplant or 
installation, the Secretary shall, by order, grant an exemption under 
this subsection for the use of natural gas or petroleum, if he finds 
that the petitioner has demonstrated that such powerplant or instal-
lation is to permanently cease operation at or before the expiration 
of the exemption period. An exemption under this subsection is con-
ditioned on the petitioner filing and maintaining a compliance plan 
meeting the requirements of section 314(b) (other than paragraph 
(1)(B)). 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3309 
(2) Notwithstanding any other provision of this Act, an exemption 
under this subtitle may not be granted for any powerplant or instal-
lation once an exemption under this subsection has been granted for 
such powerplant or installation. 
(e) TEMPORARY PUBLIC INTEREST EXEMPTION.—After consideration 
of a petition (and comments thereon) for an exemption for a power-
plant or installation from one or more of the prohibitions of subtitle 
A for a powerplant or installation, the Secretary may, by order, grant 
an exemption under this subsection for the use of natural gas or petro-
leum, if he finds that the petitioner has demonstrated that for the 
period of the proposed exemption the issuance of such exemption is 
in the public interest and is consistent with the purposes of this Act. 
(f) 
TEMPORARY EXEMPTION FOR PEAKLOAD POWERPLANTS.—After 
consideration of a petition (and comments thereon) for an exemption 
from one or more of the prohibitions of subtitle A for a powerplant, 
the Secretary shall, by order, grant an exemption under this subsec-
tion for the use of natural gas or petroleum, if the petitioner certifies 
that such powerplant is to be operated solely as a peakload power-
plant. 
(g) TEMPORARY EXEMPTION FOR POWERPLANTS WHERE NECESSARY TO 
MAINTAIN RELIABILITY OF SERVICE.—(1) After consideration of a peti-
tion (and comments thereon) for an exemption from one or more of 
the prohibitions of subtitle A for a powerplant, the Secretary shall, 
by order, grant an exemption under this subsection for the use of 
natural gas or petroleum, if he finds that the petitioner has demon-
strated that such exemption is necessary to prevent impairment of 
reliability of service. 
(2) Notwithstanding any other provision of this Act, an exemp-
tion under this subtitle (other than a permanent exemption under sec-
tion 312(f) for the use of petroleum) may not be granted for any 
powerplant for which an exemption under this subsection has been 
granted. 
(h) DURATION OF TEMPORARY EXEMPTIONS.—(1) Except as pro-
vided in paragraphs (2) and (3), exemptions under this section for 
any powerplant or installation may not exceed, taking into accoimt 
any extension or renewal, 5 years. 
(2) (A) An exemption under subsection (a) (1) may be granted 
for a period of more than 5 years, but may not exceed, taking into 
account any extension or renewal, 10 years. 
(B) Subject to paragraph (3), an exemption under subsections (b), 
(c), and (g) may be extended beyond the 5-year limit under para-
graph (1), but sudh exemption, so extended, may not exceed 10 years. 
(3) An exemption under subsections (d), (f), and (g) for the use 
of natural gas by a powerplant may not extend beyond December 31, 
1994. 
(4) In computing the 5-year and 10-year limitations of para-
graphs (1) and (2) in the case of any exemption under this section, 
the period before the prohibition on the use of natural gas and petro-
leum would first apply (if the exemption had not been granted) shall 
be disregarded, 
SEC. 312. PERMANENT EXEMPTIONS. 
(a) PERMANENT EXEMPTION DUE TO LACK OF ALTERNATE FUEL 42 USC 8352. 
SUPPLY, SITE LIMITATIONS, OR ENVIRONMENTAL REQUIREMENTS.—(1) 
After consideration of a petition (and comments thereon) for an 
exemption from one or more of the prohibitions of subtitle A for a 
powerplant or installation, the Secretary shall, by order, grant a 
92 STAT. 3310 
PUBLIC LAW 95-620—NOV. 9, 1978 
permanent exemption under this subsection for the use of natural gas 
or petroleum, if he finds that the petitioner has demonstrated that 
despite diligent good faith efforts— 
(A) it is likely that an adequate and reliable supply of coal or 
other alternate ruels of the quality necessary to conform with 
design and operational requirements for use as a primary energy 
source will not be available to such powerplant or installation at a 
cost (taking into account associated facilities for the transporta-
tion and use of such fuel) which, based upon the best practicable 
estimates, does not substantially exceed the cost, as determined by 
rule by the Secretary, of using imported petroleum as a primary 
energy source during the remaining useful life of the powerplant 
or installation; 
(B) one or more site limitations exist which would not permit 
the operation of such a powerplant or installation using coal or 
any other alternate fuel as a primary energy source; or 
(C) the prohibitions of subtitle A could not be satisfied with-
out violating applicable environmental requirements. 
(2) Notwithstanding the preceding provisions of this subsection, a 
powerplant which has been granted an exemption under subsection 
(g) may not be granted an exemption under this subsection. 
(b) 
PERMANENT EXEMPTION DUB TO CERTAIN STATE OR LOCAL 
REQUIREMENTS.—^After consideration of a petition (and comments 
thereon) for an exemption from one or more of the prohibitions of 
subtitle A for a powerplant or installation, the Secretary may, by 
order, grant a permanent exemption under this subsection, if he finds 
that the petitioner has demonstrated that— 
(1) with respect to the site of the powerplant or installation, 
the operation of such a facility using coal or any other alternate 
fuel is infeasible because of a State or local requirement; 
(2) if such State or local requirement is under a building code 
or nuisance or zoning law, no other exemption under this subtitle 
could be granted for sudh facility; and 
(3) the granting of the exemption would be in the public inter-
est and would be consistent with the purposes of this Act. 
(c) PERMANENT EXEMPTION FOR COGENERATION.—After considera-
tion of a petition (and comments thereon) for an exemption from one 
or more of the prohibitions of subtitle A for a cogeneration facility, the 
Secretary may, by order, grant a permanent exemption under this 
subsection, if he— 
(1) finds that the petitioner has demonstrated that economic 
and otheT benefits of cogeneration are unobtainable unless petro-
leum or natural gas, or both, are used in such facility, and 
(2) includes in the final order a statement of the basis for such 
finding. 
(d) PERMANENT EXEMPTION FOR CERTAIN FUEL MIXTURES CONTAIN-
ING NATURAL GAS OR PETROLEUM.—(1) After consideration of a peti-
tion (and comments thereon) for an exemption from one or more of 
the prohibitions of subtitle A for a powerplant or installation, the 
Secretary shall, by order, grant a permanent exemption under this 
subsection, if he finds that the petitioner has demonstrated that— 
(A) the powerplant or installation uses, or proposes to use, a 
mixture of petroleum or natural gas and coal or another alternate 
fuel as a primary energy source; and 
(B) the amount of the petroleum or natural gas used in such 
mixture will not exceed the minimum percentage of the total Btu 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3311 
heat input of the primary energy sources of such powerplant 
or installation needed to maintain reliability of operation of the 
unit consistent with maintaining a reasonable level of fuel effi-
ciency, as determined in accordance with rules prescribed by the 
Secretary. 
(2) In the case of an existing major fuel-buming installation, the Percentage 
percentage determined by the Secretary under subparagraph (B) of determination, 
paragraph (1) shall not be less than 25 percent. 
(3) In the case of an existing electric powerplant, the Secretary 
may authorize a higher percentage than that referred to in paragraph 
(1) (B) if he finds that the higher percentage of natural gas allowed 
would be mixed with synthetic fuels derived from municipal wastes 
or agricultural wastes and would encourage the use of alternate or new 
technologies which use renewable sources of energy. 
(e) PERMANENT EXEMPTION FOR EMERGENCY PURPOSES.—After con-
sideration of a petition (and comments thereon) for an exemption from 
one or more of the prohibitions of subtitle A for a powerplant or 
installation, the Secretary shall, by order, grant a permanent 
exemption under this subsection, if he finds that the petitioner has dem-
onstrated that such powerplant or installation will be maintained 
and operated only for emergency purposes (as defined by rule by the 
Secretary). 
(f) PERMANENT EXEMPTION FOR PEAKLOAD POWERPLANTS.—After 
consideration of a petition (and comments thereon) for an exemption 
from one or more of the prohibitions of subtitle A for a powerplant, 
the Secretary shall, by order, grant a permanent exemption under this 
subsection, if he finds that— 
(1) the powerplant is operated solely as a peakload powerplant; 
(2) a denial of such petition is likely to result in an impair-
ment of reliability of service; and 
(3) (A) modification of the powerplant to permit compliance 
with such prohibitions is technically infeasible; or 
(B) such modification would result in an unreasonable expense. 
(g) 
PERMANENT EXEMPTION FOR INTERMEDIATE LOAD POWER-
PLANTS.—(1) After consideration of a petition (and comments 
thereon) for an exemption from one or more of the prohibitions of 
subtitle A on the use of petroleum by a powerplant, the Secretary 
may, by order, grant a permanent exemption under this subsection, if 
he finds that the petitioner has demonstrated that— 
(A) the Administrator of the Environmental Protection 
Agency (or the appropriate State air pollution control agency) 
certifies to the Secretary that the use by such powerplant of coal 
or any available alternate fuel as a primary energy source will 
cause or contribute to a concentration, in an air quality control 
region or any area within such region, of a pollutant for which 
any national ambient air quality standard is or would be exceeded 
for such area; 
(B) such powerplant is to be operated only to replace no more 
than the equivalent capacity of existing electric powerplants— 
(i) which use natural gas or petroleum as a primary 
energy source, 
(ii) which are owned by the same person who is to oper-
ate such powerplant, and 
(iii) which, if they used coal as a primary energy source, 
would cause or contribute to such a concentration in such 
region; 
92 STAT. 3312 
PUBLIC LAW 95-620—NOV. 9, 1978 
(C) such powerplant is and shall continue to be operated solely 
as an intermediate load powerplant; 
(D) the net fuel heat input rate for such powerplant will be 
maintained at or less than 9,500 Btu's per kilowatt hour through-
out the remaining useful life of the powerplant; and 
(E) the powerplant has the capability to use synthetic fuels 
derived from coal or other alternate fuel. 
Review. 
(2) The Secretary shall, from time to time, review each exemption 
granted to a powerplant under this subsection, and shall terminate 
such exemption if he finds that there is available a supply of synthetic 
fuel derived from coal or other alternate fuel suitable for use as a 
primary energy source by such powerplant. 
(h) PERMANENT EXEMPTION FOR U S E OF NATURAL GAS BY CERTAIN 
POWERPLANTS WiTH CAPACITIES OF L E S S T H A N 250 MiLLlON B T U ' S P E R 
HOUR.—(1) Subject to paragraph (2), after consideration of a peti-
tion (and comments thereon) for an exemption from any prohibition 
of subtitle A for the use of natural gas by a powerplant, the Secretary 
shall, by order, grant a permanent exemption under this subsection for 
such use, if he finds that the petitioner has demonstrated that— 
(A) such powerplant has a design capability of consuming fuel 
(or any mixture thereof) at a fuel heat input rate of less than 
250 million Btu's per hour; 
(B) such powerplant was a baseload powerplant on April 20, 
1977; and 
(C) such powerplant is not capable of consuming coal with-
out— 
(i) substantial physical modification of the unit; or 
(ii) substantial reduction in the rated capacity of the unit 
(as determined by the Secretary). 
Exemption 
^2) An exemption under this subsection may only apply to the pro-
app ica 1 ity. 
hibitions under section 301 and prohibitions established by final rules 
or orders issued before January 1,1990. 
(i) PERMANENT EXEMPTION FOR THE U S E OF L N G BY CERTAIN POWER-
PLANTS.—After consideration of a petition (and comments thereon) 
for an exemption from one or more of the prohibitions of subtitle A 
for a powerplant, the Secretary shall, by order, grant a permanent 
exemption under this subsection for the use of liquefied natural gas 
if the Administrator of the Environmental Protection Agency (or 
the appropriate State air pollution control agency) has certified to 
the Secretary that the use of coal by such powerplant as a primary 
energy source will cause or contribute to a concentration, in an air 
?
uality control region or an;^ area within such region, of a pollutant 
or which any national ambient air quality standard is or would be 
exceeded for such region or area and the use of coal would not comply 
with applicable environmental requirements. 
(j) PERMANENT EXEMPTION FOR INSTALLATIONS SERVED BY CERTAIN 
INTERNATIONAL PIPELINES.— (1) After consideration of a petition 
(and comments thereon) for an exemption for an installation from 
one or more of the prohibitions of subtitle A, the Secretary shall, by 
order, grant a permanent exemption under this subsection for the use 
of natural gas, if he finds that the petitioner has demonstrated that— 
(A) such installation's primary source of natural gas is under 
a contract with a pipeline between Canada and the United States 
which cannot be cancelled by the petitioner without his suffering 
substantial financial penalty; 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3313 
"High-priority 
(B) such pipeline was supplying to such installation before 
April 21, 1977, natural 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 terminated; 
(D) the revenues from the transportation and sale of natural 
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 natural 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. 
(k) PERMANENT EXEMPTION FOR INSTALLATION BASED U P O N PRODUCT 
O
R PROCESS REQUIREMENTS.—After consideration of a petition (and 
comments thereon) for an exemption for an installation from one or 
more of the prohibitions of subtitle A, the Secretary shall, by order, 
grant 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) PERMANENT EXEMPTION FOR INSTALLATIONS NECESSARY T O MEET 
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, grant 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 BED COMBUSTION NOT 42 USC 8353. 
FEASIBLE.—Except in the case of an exemption under section 312 (b), 
(f), (i) or (i), the Secretary may grant 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 SUPPLY I N THE CASE OF A POWER-
PLANT.—(1) In the case of an exemption under section 312 (b) or (g), 
the Secretary may not grant an exemption for an existing power-
plant unless he finds that the petitioner has demonstrated that there 
IS no alternative supply of electric power which is available within 
a reasonable distance at 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. 
92 STAT. 3314 
PUBLIC LAW 95-620—NOV. 9, 1978 
with the Secretary and shall consult with the Commission before 
making any finding on such petition under paragraph (1). 
SEC. 314. TERMS AND CONDITIONS; COMPLIANCE PLANS. 
42 use 8354. 
(a) TERMS AND CONDITIONS GENERALLY.—Any exemption from any 
prohibition under this subtitle shall be on such terms and conditions 
as the Secretary determines appropriate, including terms and condi-
tions requiring the use of effective fuel conservation measures which 
are practicable and consistent with the purposes of this Act. In the 
case of any temporary exemption, the terms and conditions (which 
may include a compliance plan meeting the requirements of subsection 
(b)) shall be designed to insure that upon the expiration of such 
exemption, the persons and powerplant or installation covered by 
such exemption will comply with the applicable prohibitions. 
(b) COMPLIANCE PLANS.—A compliance plan meets the require-
ments of this subsection if it is approved by the Secretary and— 
(1) contains (A) a schedule indicating how compliance with 
applicable prohibition of this Act will occur and (B) evidence 
of binding contracts for fuel, or facilities for the production of 
fuel, which would allow for such compliance; and 
(2) is revised at such times and to such extent as the Secretary 
may require to reflect changes in circumstances. 
TITLE IV—ADDITIONAL PROHIBITIONS; 
EMERGENCY AUTHORITIES 
SEC. 401. AUTHORITY TO PROHIBIT USE OF NATURAL GAS IN CERTAIN 
BOILERS USED FOR SPACE HEATING. 
42 use 8371. 
(a) EXISTING BOILERS.—The Secretary may prohibit the use of 
natural gas as a primary energy source in any existing boiler (other 
than a major fuel-burning installation) if he finds that— 
(1) such boiler is used to produce steam for space heating 
purposes; 
(2) such boiler consumes 300 Mcf or more of natural gas per 
day on a peak day; 
(3) such boiler has, or previously had, the technical capability 
to use petroleum as a primary energy source; 
(4) such boiler has the technical capability to use petroleum as 
a primary energy source or it could have such capability 
without— 
(A) substantial physical modification of the boiler, or 
(B) substantial reduction in the rated capacity of the unit; 
(5) it is financially feasible for such boiler to use petroleum 
as a primary energy source; and 
(6) such prohibition is consistent with the purposes of this Act. 
The requirement of paragraph (3) shall not be considered to be satis-
fied unless the finding under such paragraph is made before the date 
of the publication of the notice of proposed prohibition under sec-
tion 701(b). 
(b) NEW BOILERS.—The Secretary may prohibit the use of natural 
gas as a primary energy source in any new boiler (other than a major 
fuel-burning installation) if he determines that— 
(1) such boiler will be used to produce steam for space heating 
purposes; 
(2) such boiler will, by design, be capable of consuming 300 
Mcf or more of natural gas per day; and 
(3) such prohibition is consistent with the purposes of this Act. 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3315 
(c) ExEMpnoN.—The Secretary shall exempt any person from any 
prohibition prescribed pursuant to subsection (a) or (b) if such per-
son demonstrates to the Secretary that an adequate and reliable source 
of petroleum is not likely to be available to such person during the 
period of the exemption. 
(d) DEFINITIONS.— 
(1) The term "new boiler" means any boiler for which there 
was not a commitment for construction or acquisition as of the 
date of the publication under section 701(b) of the proposed 
' rule or order establishing the prohibition. 
(2) The term "existing boiler" means any boiler other than a 
new boiler. 
(e) METHOD OF PROHIBITION.—(1) (A) Except to the extent author-
ized by paragraph (2), the Secretary shall prohibit boiler fuel use 
of natural gas under the authority granted him in subsection (a) 
or (b) only by means of a final order issued by him which shall be 
limited to the particular boiler involved. 
(B) The Secretary may issue such an order only with respect to a 
boiler which is not, at the time the proposed order is issued, covered by 
a final rule issued under paragraph (2). 
(C) The Secretary shall not issue a final order under this subsection 
with respect to any boiler if it is demonstrated that an exemption 
under subsection (c) would have been granted with respect to such 
boiler if such prohibition had been established by rule pursuant to 
paragraph (2) rather than by order. 
(2) (A) The Secretary may, by rule, prohibit the use of natural 
gas under the authority of subsection (a) or (b) in the case of any 
category of boilers identified in such rule. 
(B) Any existing boiler to be covered by any rule issued under this 
subsection shall be specifically identified in the proposed rule published 
under section 701 (b). 
(C) In prescribing any rule under this subsection, the Secretary 
shall take into account any special circumstances or characteristics 
of each category of boilers (such as the technical feasibility of burning 
petroleum and the size, age, or geographic location of such boilers). 
Any such final rule shall not apply in the case of any boiler— 
Final rule, 
(i) subject to such rule pending a resolution of any petition (in- application, 
eluding judicial review) for any exemption for such boiler which 
may be filed with the Secretary not later than 60 days after such 
rule is published under section 701 (b); or 
(ii) with respect to which a comparable prohibition was issued 
by order (or was proposed but was not issued because it was 
demonstrated that it could qualify for an exemption under sub-
section (c)). 
SEC. 402. PROfflBITION ON USE OF NATURAL GAS FOR DECORATIVE 
OUTDOOR LIGHTING. 
(a) PROHIBITION ON INSTALLATION or NEW OUTDOOR LIGHTING.— 42 USC 8372. 
Effective beginning on the date of the enactment of this Act, no local 
distribution company, or any industrial user of natural gas who ob-
tains such gas under a contract between such user and a natural gas 
pipeline, or any agent thereof, shall install any outdoor lighting fix-
ture using natural gas. 
(b) PROHIBITION ON SELLING NATURAL GAS To BE USED IN OUTDOOR 
LIGHTING.—(1) Not later than 180 days after the date of the enactment 
of this Act, the Secretary shall, by rule, prohibit any local distribution 
92 STAT. 3316 
PUBLIC LAW 95-620—NOV. 9, 1978 
company (unless an exemption has been obtained under subsection (c)) 
from providing natural gas service for use in outdoor lighting— 
(A) effective on the date such final rule is issued, in the case of 
any residential, commercial, or industrial customer unless a later 
effective date is applicable under subparagraph (B) or (C) of this 
paragraph; 
(B) effective beginning 180 days after the date such final rule is 
issued, in the case of any industrial or commercial structure for 
which natural gas was being provided by such company for out-
door lighting use on the date of the enactment of this Act; and 
4 
(C) effective beginning January 1, 1982, in the case of— 
(i) any municipal outdoor lighting fixture, and 
(ii) any outdoor lighting fixture used in connection with a 
residence, 
for which natural gas was being provided by such company for 
outdoor lighting use on the date of the enactment of this Act. 
(2) The rule prescribed under paragraph (1) shall provide that 
any industrial user of natural gas who obtains such natural gas under 
a contract between such user and a natural gas pipeline shall be pro-
hibited from using such natural gas for outdoor lighting (unless an ex-
emption has been obtained under subsection (c)) — 
(A) effective 180 days after the date such final rule takes effect, 
if the industrial user was using natural gas for outdoor lighting on 
the date of the enactment of this Act; or 
(B) beginning on the date such final rule takes effect, if such in-
dustrial user was not so using natural gas on such date. 
(c) EXEMPTIONS.—(1) The Secretary shall, by order— 
(A) exempt from the prohibition under subsection (a) the in-
stallation of a replacement lighting fixture for any memorial light 
or light of historical signficance, and 
(B) permanently exempt from a prohibition under subsection 
(b) the use natural gas in any memorial light or light of his-
torial significance. 
if a petition for such exemption is made by a Federal, State, or local 
government agency or by any appropriate historical association. 
(2) The Secretary shall, by order— 
(A) exempt from the prohibition under subsection (a), upon 
a petition therefor, the installation of a replacement lighting fix-
ture for any natural gas outdoor lighting, and 
(B) permanently exempt from a prohibition under subsection 
(b), upon a petition therefor, use of natural gas for outdoor 
lighting, 
which is used for commercial purposes, which is of a traditional na-
ture, and which conforms with the cultural or architectural style of 
the area in which such light is located. 
Petition, filing. 
(3) The Secretary shall, by order, exempt any local distribution 
company or industrial user described in subsection (b) (2), from the 
rule required to be prescribed under subsection (b) concerning the con-
tinuation of such service in effect on the date of the enactment of this 
Act upon the filing of a petition therefor by such pipeline or company, 
or by any other interested person. Such exemption shall be for such 
period as, and to the extent that, the Secretary finds— 
(A) such exemption is necessary to protect the safety of persons 
or property; 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3317 
(B) such exemption is necessary to permit the installation of 
substitute lighting where no adequate outdoor lighting (other than 
that using natural gas) exists on the date of the enactment of this 
Act; 
(C) compliance with such rule would entail substantial expense 
and would not be cost justified; or 
(D) the issuance of the exemption is in the public interest and 
is consistent with the purposes of this Act. 
(4) Determinations on any petition for an exemption under this Determinations, 
section shall be made under criteria which the Secretary shall 
establish by rule, which rule shall be prescribed not later than 180 
days after the effective date of this Act. 
(d) PROCEDURES.—Eules and orders under this section shall be made Hearing, 
in accordance with the provisions of section 553 of title 5, United States 
Code, except that determinations on any petition for exemption under 
this section shall be made only after interested persons have been 
afforded an opportunity for a public hearing. Under rules prescribed 
by the Secretary, the Secretary may stay the application of any pro-
hibition under subsection (b) applicable to any person pending the 
resolution of any petition for an exemption for such person. 
(e) AUTHORITY MAY BE DELEGATED TO STATES.—(1) Under regula-
tions prescribed by the Secretary, the responsibility and authority of 
the Secretary with regard to outdoor lighting under this section may 
be delegated to the appropriate regulatory authority of a State if he 
determines that such delegation would be consistent with the purposes 
of this section. 
(2) Any delegation under paragraph (1) shall be on terms and con-
ditions prescribed by the Secretary and may be rescinded by the 
Secretary at any time by notifying the State authority of such rescis-
sion. 
(3) Any State authority to which the Secretary has delegated 
authority under this subsection shall prepare and transmit reports to 
the Secretary on a periodic basis (as determined by the Secretary) on 
actions taken to carry out the purposes of this section. 
(f) DEFINITIONS.— As used in this section— 
(1) The term "outdoor lighting" means lighting by any station-
ary source which is not located inside any building. 
(2) The term "pipeline company" means any person engaged 
in the business of transporting natural gas by pipeline other than 
as a local distribution company. 
(3) The term "local distribution company" means any person 
engaged in the business of transportation and local distribution 
of natural gas and the sale of natural gas for ultimate consump-
tion. 
(4) The term "residence" means any single or multiple family 
dwelling unit, including commonly held areas associated with any 
such unit. 
SEC. 403. CONSERVATION IN FEDERAL FACILITIES, CONTRACTS, AND 
FINANCIAL ASSISTANCE PROGRAMS. 
(a) FEDERAL FACILITIES.—(1) Each Federal agency owning or 42 USC 8373, 
operating any electric powerplant, major fuel-burning installation, or 
other unit shall comply with any prohibition, term, condition, or other 
substantial or procedural requirement under this Act, to the same 
extent as would be the case if such powerplant, installation, or unit 
; 
were owned or operated by a nongovernmental person. 
- -, 
Reports, 
transmittal to 
Secretary. 
92 STAT. 3318 
PUBLIC LAW 95-620—NOV. 9, 1978 
Exemption order 
by President. 
Transmittal to 
Congress. 
Review, 
submittal to 
Congress. 
Requirements. 
Annual reports, 
transmittal to 
President and 
public 
availability. 
Written 
notification to 
Congress. 
Submittal to 
Congress. 
(2) The President may, by order, exempt from the application of 
paragraph (1) any powerplant, installation, or other unit owned or 
operated by any Federal agency, if the President determines that— 
(A) such use is in the paramount interest of the United States 
and that the powerplant, installation, or unit involved is a com-
ponent of or is used solely in connection with any weaponry, equip-
ment, aircraft, vessels, vehicles or other classes or categories of 
property which— 
(i) are owned or operated by the Armed Forces of the 
United States (including the Coast Guard) or by the 
National Guard of any State; and 
(ii) are uniquely military in nature; or 
(B) there is a lack of appropriation for such use but only if the 
President specifically requested such appropriations as a part of 
the budgetary process and the Congress failed to make available 
such requested appropriation. 
Such order shall not take effect until 60 days after a copy of such order 
has been transmitted to each House of the Congress. The President 
shall review each such determination every 2 years and submit a report 
to the Congress on the results of such review. Any powerplant, installa-
tion, or other unit permitted to use natural gas or petroleum under an 
exemption under this paragraph shall establish and carry out effective 
fuel conservation measures, as determined by the Secretary. 
(3) Any powerplant, installation, or unit owned or operated by any 
such Federal agency shall be entitled to any exemption by the Secre-
tary to the same extent, in the same manner, and under the same terms 
and conditions as would apply if it were owned or operated by a non-
governmental person. 
(b) FEDERAL CONTRACTS AND FINANCIAL ASSISTANCE.—(1) In order 
to implement the purposes of this Act, the President shall, not later 
than 30 days after the effective date of this Act, issue an order— 
(A) requiring each Federal agency which is authorized to 
extend Federal assistance by way of grant, loan, contract, or other 
form of financial assistance, to promptly effectuate the purposes 
of this Act relating to the conservation of petroleum and natural 
gas, by rule, in such contracting or assistance activities within 180 
days after issuance of such order, and 
(B) setting forth procedures, sanctions, penalties, and such 
other provisions as the President determines necessary to carry 
out such requirement effectively, including a requirement that 
each agency annually transmit to the President, and make avail-
able to the public, a report on the actions taken and to be taken to 
implement such order. 
(2) The President may exempt by order any specific grant, loan, 
contract, or other form of financial assistance from all or part of the 
provisions of this subsection if he determines such exemption is in the 
national interest. The President shall notify the Congress in writing 
of such exemption at least 60 days before it is effective. 
(3) The President or any Federal agency may not use the authority 
granted under paragraph (1) to require compliance, including the 
use of coal, by any person or facility with any prohibition under other 
sections of this Act if such person or facility has been specifically 
determined by the Secretary as subject to such prohibition or has been 
exempted from the application of such prohibition. 
(c) ANNUAL REPORT.—The President shall annually submit a 
detailed report to each House of the Congress on the actions taken by 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3319 
the President and each Federal agency to implement this section, 
including the progress and problems associated with implementation 
of this section. 
SEC. 404. EMERGENCY AUTHORITIES. 
(a) COAL ALLOCATION AUTHORITY.—(1) If the President— 
(A) declares a severe energy supply interruption, as defined in 
section 3(8) of the Energy Policy and Conservation Act, or 
(B) finds, and publishes such finding, that a national or regional 
fuel supply shortage exists or may exist which the President 
determines— 
(i) is, or is likely to be, of significant scope and duration, 
and of an emergency nature; 
(ii) causes, or may cause, major adverse impact on public 
health, safety, or welfare or on the economy; and 
(iii) results, or is likely to result, from an interruption in 
the supply of coal or from sabotage, or an act of God; 
the President may, by order, allocate coal (and require the transpor-
tation thereof) for the use of any electric powerplant or major luel-
burning installation, in accordance with such terms and conditions as 
he may prescribe, to insure reliability of electric service or prevent 
unemployment, or protect public health, safety, or welfare. 
(2) For purposes of this subsection, the term "coal" mans anthra-
cite and bituminous coal and lignite (but does not mean any fuel 
derivative thereof). 
(b) EMERGENCY PROHIBITION ON USE OP NATURAL GAS OR PETRO-
LEUM.—If the President declares a severe energy supply interruption, 
as defined in section 3(8) of the Energy Policy and Conservation Act, 
the President may, by order, prohibit any electric powerplant or major 
fuel-burning installation from using natural gas or petroleum, or both, 
as a primary energy source for the duration of such interruption. Not-
withstanding any other provision of this section, any suspension of 
emission limitations or other requirements of applicable implementa-
tion plans, as defined in section 110(d) of the Clean Air Act, required 
by such prohibition shall be issued only in accordance with section 
110 (f) of the Clean Air Act. 
(c) EMERGENCY STAYS.—The President may, by order, stay the ap-
plication of any provision of this Act, or any rule or order thereunder, 
applicable to any new or existing electric powerplant, if the President 
finds, and publishes such finding, that an emergency exists, due to na-
tional, regional, or systemwide shortages of coal or other alternate 
fuels, or disruption of transportation facilities, which emergency is 
likely to affect reliability of service of any such electric powerplant. 
(d) DURATION OF EMERGENCY ORDERS.—(1) Except as provided in 
paragraph (3), any order issued by the President under this section 
shall not be effective for longer than the duration of the interruption 
or emergency, or 90 days, whichever is less. 
(2) Any such order may be extended by a subsequent order which 
the President shall transmit to the Congress in accordance with sec-
tion 551 of the Energy Policy and Conservation Act. Such order shall 
be subject to congressional review pursuant to such section. 
(3) Notwithstanding paragraph (1), the effectiveness of any order 
issued under this section shall not terminate under this subsection dur-
ing the 15-calendar-day period during which any such subsequent order 
described in paragraph (2) is subject to congressional review under 
section 551 of the Energy Policy and Conservation Act. 
42 use 8374. 
42 use 6202. 
"Coal.' 
42 use 6202. 
42 use 7410. 
Transmittal to 
Congress. 
42 use 6421. 
Congressional 
review. 
42 u s e 6421. 
92 STAT. 3320 
PUBLIC LAW 95-620—NOV. 9, 1978 
Publication in 
Federal Register. 
Ante, p. 3292. 
42 use 8375. 
Permit, issuance. 
42 use 7401 
note. 
42 use 7410. 
(4) For purposes of this subsection, the provisions of this subsection 
supersede the provisions of title I I of the Act of September 14, 1976 
(Public Law 94-412; 50 U.S.C. 1621 and following). 
(e) DELEGATION or AUTHORITY PROHIBITED.—The authority of the 
President to issue any order under this section may not be delegated. 
This subsection shall not be construed to prevent the President from 
directing any Federal agency to issue rules or regulations or take such 
other action, consistent with this section, in the implementation of such 
order. 
(f) PUBLICATION AND REPORTS TO CONGRESS OF ORDERS.—Any order 
issued under this section shall be published in the Federal Register. 
To the greatest extent practicable, the President shall, before issuing 
any order under this section, but in no event later than 6 days after 
issuing such order, report to the Congress of his intention to issue such 
order and state his reasons therefor. 
(g) EMERGENCY USES or NATURAL GAS OR PETROLEUM.—(1) During 
a temporary emergency condition (other than emergency conditions 
{)rovided for under section 103(a) (15)), any person operating a peak-
oad powerplant or a major fuel-burning installation may, under rules 
prescribed by the Secretary, use natural gas or petroleum as a primary 
energy source in such powerplant or installation, notwithstanding any 
prohibition otherwise imposed by or pursuant to this Act, if— 
(A) such person notifies the Secretary within 24 hours after 
commencing such use; and 
(B) the Secretary has not notified such person that in his judg-
ment the emergency condition does not exist or does not warrant 
the use of natural gas or petroleum involved. 
(2) Within 90 days after the effective date of this Act, the Secre-
tary shall, by rule, prescribe the form and content of such notices and 
the conditions which may constitute a temporary emergency. 
(3) Hours of operation allowed under paragraph (1) shall not be 
included in the peakload powerplant's operating hours for the purposes 
of the penalties in section 723 (b). 
SEC. 405. AUTHORITY TO RESTRICT INCREASED USES OF PETROLEUM 
BY EXISTING POWERPLANTS. 
The Secretary shall, by rule, require that, in the case of any existing 
electric powerplant which during calendar year 1977 uses coal or 
another alternate fuel as a primary energy source, petroleum may not 
be used in such powerplant as a primary energy source in excess of the 
quantities of petroleum used in such powerplant as a primary energy 
source during such year unless a permit is issued by the Secretary 
authorizing such increased use of petroleum. Such permit shall be 
issued if— 
(1) the Administrator of the Environmental Protection Agency 
(or the appropriate State air pollution control agency) certifies to 
the Secretary (A) that the powerplant cannot comply with the 
requirements of the Clean Air Act, including any applicable 
implementation plan, as defined in section 110 (d) of the Clean Air 
Act, without the issuance of such permit and (B) the petitioner 
has established the duration of the need for increased petroleum to 
comply with such plan; and 
(2) the appropriate State regulatory authority has certified to 
the Secretary that the increased use of petroleum by such power-
plant is necessary to prevent impairment of reliability of service. 
Such permit shall be issued only for such period as the Secretary deter-
mines necessary under paragraph (1) or (2) for such increased use of 
petroleum. 
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 I I I 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 
s^Eimov^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 tempo-
rary extension obtained under subsection ( d ) ; 
(4) contains a commitment that, if such plan is approved, nat-
ural gas will not, on and after January 1,1990, be used by power-
plants 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 enact-
ment 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 
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 2
J
^ -i9qc (6) contains a 10-year forecast of such utility's demand for elec-
XaB tricity, a 10-year construction forecast, and a 10-year financial 
oi9xI|>lan, 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). 
(e) DETERMINATION or BASE PERIOD USAGE.— (1) For purposes of 
subsection (b) (4) (A), an electric utility's base period usage of natural 
gas shall be the sum of— 
•8CS8 .!. 
(A) the quantities of natural 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 calen-
dar-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. 
Higher 
(2) The Secretary may allow for the substitution of a higher per-
percentage 
centage for the 20 percent specified in subparagraph (A) of subsection 
allowance. 
^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 peak-
load 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 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3323 
42 use 8401. 
determines that the electric utility which submitted such plan has 
demonstrated that the quantities available under such contract, or 
extension or renewal, do not exceed those which are necessary to meet 
the requirements of the powerplants under such plan. The Secretary 
may not approve any contract, or extension or renewal, which provides 
for the delivery of such natural gas after December 31,1999. 
(h) TERMS AND CONDITIONS.—Any approval by the Secretary under 
subsection (b) shall be on such terms and conditions as the Secretary 
determines appropriate, including terms and conditions requiring the 
use of effective fuel conservation measures which are practicable and 
consistent with the purposes of this Act. 
TITLE VI—FINANCIAL ASSISTANCE 
SEC. 
6
0
1
. 
ASSISTANCE 
TO 
AREAS 
IMPACTED 
BY 
INCREASED 
COAL 
OR 
URANIUM 
PRODUCTION. 
(a) DESIGNATION OF IMPACTED AREAS.—(1) In accordance with such 
criteria and guidelines as the Secretary of Agriculture shall, by rule, 
prescribe, the Governor of any State may designate any area within 
such State for the purposes of this section, if he finds that— 
(A) either (i) employment in coal or uranium production 
development activities in such area has increased for the most 
recent calendar year by 8 percent or more from the immediately 
preceding year or (ii) employment in such activities will increase 
8 percent or more per year during each of the 3 calendar years 
beginning after the date of such finding; 
(B) such employment increase has required or will require sub-
stantial increases in housing or public facilities and services or a 
combination of both in such area; and 
(C) the State and the local government or governments serving 
such area lack the financial and other resources to meet any such 
increases in public facilities and services within a reasonable time. 
The Secretary of Agriculture shall prescribe a rule containing criteria 
and guidelines for making a designation under this subsection, after 
consultation with the Secretary of Labor and the Secretary of Energy, 
not later than 180 days after the effective date of this Act. 
(2) For purposes of paragraph (1) (C), increased revenues, includ-
ing severance tax revenues, royalties, and similar fees to the State and 
local governments which are associated with the increase in coal or 
uranium development activities and which are not prohibited from 
being used under provisions of law in effect on the date of the enact-
ment of this Act shall be taken into account in determining if a State 
or local government lacks financial resources. 
(3) The Secretary shall, after consultation with the Secretary of Consultation 
Agriculture, approve any designation of an area under paragraph (1) 
only if— 
(A) the Governor of the State making the designation provides 
the Secretary in writing with the data and information on which 
such designation was made, together with such additional infor-
mation as the Secretary may require to carry out the purposes of 
this section; and 
(B) the Secretarv determines that the requirements of sub-
paragraphs (A), (B), and (C) of paragraph (1) have been met. 
(b) PLANNING GRANTS.—;-(1) The Secretary of Agriculture may 
make a grant to any State in which there is an area designated and 
Rule. 
Consultation. 
Written data and 
information. 
ismJfmmo-j 
92 STAT. 3324 
PUBLIC LAW 95-620—NOV. 9, 1978 
Plan copy, 
submittal to 
Secretary of 
Agriculture. 
hna Bh 
Treasury 
deposits. 
State 
commitment. 
approved under subsection (a) for the purposes of developing a plan 
for such area which shall include determinations of— 
(A) the anticipated level of coal or uranium production activi-
ties in such area; 
(B) the socio-economic impacts which have occurred or which 
are reasonably projected to occur as a result of the increase in 
coal or uranium production activities; 
(C) the availability and location of resources within such area 
to meet the increased needs resulting from socio-economic impacts 
determined under subparagraph (B) (such as any increased need 
for housing, or public facilities and services); and 
(D) the nature and expense of measures necessary to meet 
within a reasonable time the increased needs resulting from such 
impact for which there are no resources reasonably available other 
than under this section. 
(2) (A) Any grant for developing a plan under this subsection shall 
be for an amount equal to 100 percent of the costs of such plan, as 
determined by the Secretary of Agriculture. 
(B) The aggregate amount granted under this subsection in any 
fiscal year may not exceed 10 percent of the total amount appropriated 
for purposes of this section for such year. 
(3) The Governor of a State receiving a grant under this subsection 
for developing a plan shall submit a copy of such plan to the Secre-
tary of Agriculture as soon as practicable after it has been prepared. 
(c) LAND ACQUISITION AND DEVELOPMENT GRANTS.—(1) In the case 
of any real property— 
(A) within an area for which a plan meeting the requirements 
of subsection (b) (1) has been approved; 
(B) which is for housing or public facilities determined in such 
plan as necessary due to an increase in employment due to coal or 
uranium development activities; 
(C) with respect to which the Secretary of Agriculture has 
determined that the State and the local governments serving such 
area do not have the j&nancial resources to acquire or the legal 
authority to acquire by condemnation; and 
(D) with respect to which there has been an approval in writing 
by the Governor of such State that the Secretary of Agriculture 
exercise his authority under this paragraph; 
the Secretary of Agriculture may acquire such real property or inter-
est therein, by purchase, donation, lease, or exchange. Property so 
acquired shall be transferred to the State under such terms and 
conditions as the Secretary of Agriculture deems appropriate. Such 
terms and conditions shall provide for the reimbursement to the Sec-
retary of Agriculture for the fair market value of the property, as 
determined by the Secretary of Agriculture. The value of any improve-
ment of such property made after such acquisition shall not be taken 
into account in determining the fair market value of such property 
under this subsection. Amounts so received by the Secretary of Agri-
culture shall be deposited in the Treasury of the United States as 
miscellaneous receipts. 
(2) Any approval by a Governor of a State under paragraph (1) 
(D) shall constitute a binding commitment of such State to accept the 
property to be acquired and to provide reimbursement for the amount 
of the fair market value of such property, as determined under para-
graph (1). 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3325 
(3) The Secretary of Agriculture may acquire property under para-
graph (1) by condemnation only if he finds that— 
(A) such property is not available by means other than con-
demnation at a price which does not substantially exceed the fair 
market value of such property; 
(B) other real property is not similarly available which is 
within the same designated area and which is suitable for the pur-
poses to which the property involved is to be applied; and 
(C) the State and the local governments serving such area lack 
the legal authority to acquire such property by condemnation. 
(4) (A) In the case of any real property which meets the require-
ments of subparagraphs (A), (B), and (C) of paragraph (1), the 
Secretary of Agriculture may make a grant to the State in which such 
property is located for the purposes of acquiring such property, and 
for any site development which is consistent with the plan developed 
under subsection (b). 
',- , 
(B) In the case of property acquired by the Secretary of Agricul-
ture under paragraph (1) and transferred to the State, the Secretary 
of Agriculture may make a grant to such unit of government for the 
purposes of site development which is consistent with such plan. 
(C) Grants for real property acquisition or site development or 
both under this paragraph may not exceed 75 percent of the costs 
thereof, as determined by the Secretary of xVgriculture. 
(5) In the selection of real property for acquisition and in such 
acquisition under this subsection, preference shall be given to real 
property which the Secretary of Agriculture determines at such time 
to be unoccupied or previously mined and abandoned. 
(6) (A) Property held by the United States in trust for Indians or Indian property 
any Indian tribe may not be acquired by condemnation under this 
section. 
(B) No property within the National Forest System (as defined in 
section 10 of the Forest and Rangeland Renewable Resources Planning 
Act of 1974) may be exchanged by the Secretary in any acquisition 
under paragraph (1). 
(d) GENERAL REQUIREMENTS REGARDING ASSISTANCE.—(1) Assist-
ance under this section shall be provided only upon application, which 
application shall contain such information as the Secretary of Agri-
culture shall prescribe. 
(2) The Secretary of Agriculture may make any grant under this 
section in whole or in part to the local government or governments 
serving an area designated and approved under subsection (a), or to 
a council of local governments which includes one or more local gov-
ernments serving such area (in lieu of making such grant solely to the 
State), if he has determined, after consultation with the Governor 
of the State, that to do so would be appropriate. 
(3) The iSecretary of Agriculture shall prescribe, by rule, criteria 
for the allocation of assistance under this section. Such criteria shall 
give due weight to the magnitude of the emplo5^ment increase involved, 
the financial resources of the designated area, and the ratio of the 
financial burden on the area to the resources available to such area. 
(4) Assistance under this section shall be provided only if the Sec-
retary of Agriculture is satisfied that— 
(A) the amounts expended by the State and the local govern-
ments involved for the same purposes for which such assistance is 
provided will not be reduced; and 
National Forest 
property. 
16 use 1608. 
Allocation 
criteria. 
92 STAT. 3326 
PUBLIC LAW 95-620—NOV. 9, 1978 
Transmittal to 
Secretary of 
Energy. 
Contents. 
Copies, 
availability and 
public review. 
15 u s e 796. 
Agreement, 
funds allocation 
and transfer. 
(B) the amount of such assistance does not reflect any amount 
for which other Federal financial assistance is provided or on 
proper application would be provided. 
(e) DEFiisriTioNS.—For the purposes of this section— 
(1) The term "coal or uranium development activities" means 
the production, processing, or transportation of coal or uranium. 
(2) The term "site development" means necessary off-site 
improvements, such as the construction of sewer and water connec-
tions, construction of access roads, and appropriate site restora-
tion, but does not include any portion of the construction of 
housing or public facilities. 
(f) REPORTS.—Any person regularly engaged in any coal or uranium 
development activity within an area designated and approved under 
subsection (a) sihall prepare and transmit a report to the Secretary of 
Energy within 90 days after a written request to such person by the 
Governor of the State in which such area is located. Such report shall 
include— 
(1) projected employment levels for such activity by such per-
son within such area during each of the following 3 calendar 
years; 
(2) the projected increase in employees in such area to engage 
in such activity during each of such calendar years; 
(3) the projected quantity of coal (or uranium) to be produced, 
processed, or transported by such person during each of such 
calendar years; and 
(4) actions such companies plan to take or are taking to provide 
needed housing and other facilities for their employees directly 
or by providing funds to the States or local communities for this 
purpose. 
Copies of the report shall be provided to the Secretary of Energy 
and the Secretary shall, subject to the provisions of section 11(d) of 
the Energy Supply and Environmental Coordination Act of 1974, pro-
vide the report to the Secretaiy of Agriculture, the Governor, and the 
appropriate county or local officials and make it available for public 
review. 
(g) ADMINISTRATION.—The Secretary of Agriculture shall carry 
out nis responsibilities under this section through the Farmers Home 
Administration and such other agencies within the Department of 
Agriculture as he may determine appropriate. 
(h) APPROPRIATIONS AUTHORIZATION.—(1) There is hereby author-
ized to be appropriated to the Secretary of Energy for purposes of 
this section, $60,000,000 for fiscal year 1979 and $120,000,000 for 
fiscal year 1980. The Secretary of Energy and the Secretary of Agri-
culture shall enter into an agreement for the allocation of funds ap-
propriated pursuant to this section for carrying out their respective 
responsibilities under this section, including the amounts for personnel 
and administrative costs, and upon such agreement, the Secretary of 
Energy shall transfer to the Secretary of Agriculture amounts deter-
mined under that agreement. 
(i) PROTECTION FROM CERTAIN HAZARDOUS ACTIONS.—Federal agen-
cies having responsibilities concerning the health and safety of any 
person working in any coal, uranium, metal, or nonmetallic mine regu-
lated by any Federal agency shall interpret and utilize their author-
ities fully and promptly, including the promulgation of standards and 
regulations, to protect existing and future housing, property, persons, 
and public facilities located adjacent to or near active and abandoned 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3327 
coal, uranium, metal, and nonmetallic mines from actions occurring 
at such activities that pose a hazard to such property or persons. 
(j) KEORGANIZATION.—The authority of the Secretary of Agriculture 
and the authority of the Secretary of Energy under this section may 
not be transferred to any other Secretary or to any other Federal 
agency under chapter 9 of title 5, United States Code, or under any 5 USC 901 et seq. 
other provision of law, other than under specific provisions of a law 
enacted after the date of the enactment of this Act. The preceding pro-
visions of this subsection shall not preclude either Secretary from dele-
gating any such authority to any officer, employee, or entity within 
such Secretary's department. 
SEC. 602. LOANS TO ASSIST POWERPLANT ACQUISITIONS OF AIR 
POLLUTION CONTROL EQUIPMENT. 
(a) AUTHORITY To MAKE LOANS.—The Secretary may, in accordance 42 USC 8402. 
with the provisions of this section and such rules and regulations as 
he shall prescribe, make a loan (and may make a commitment to loan) 
'8U 2
1
^ 
to any person who owns or operates any existing electric powerplant 
•^^''" 
converting to coal or other alternate fuel as its primary energy source 
after the eifective date of this Act for the purpose of financing the 
purchase and installation of one or more certified air pollution control 
devices for such electric powerplant. 
(b) LIMITATIONS AND CONDITIONS.—A loan made under this section 
shall— 
(1) not exceed two-thirds of the cost of purchasing and install-
ing the certified air pollution control devices; 
(2) have a maturity date not extending beyond 10 years after 
the date such loan is made; 
(3) bear interest at a rat^ not less than (A) a rate determined Interest rate, 
by the Secretary of the Treasury, taking into consideration the 
average market yield of outstanding Treasury obligations of com-
parable maturity, plus (B) 1 percent; 
(4) be made on the condition of payment to the Secretary of a 
loan fee in an amount equal to (A) such insurance fee as the Secre-
tary determines is necessary to avoid a Federal revenue loss under 
this section, plus (B) 1 percent of the loan amount; and 
. . 
(5) be made only if the Secretary finds that— 
to noii 
(A) the financial assistance applied for is not othervHfse 
niJ 'available from other Federal agencies; 
.eaaoo/ 
ihau 
(B) the applicant is unable to obtain sufficient funds on 
reasonable terms and conditions from any other source; 
io9'[oiq (C) there is continued reasonable assurance of full repay-
ment of the principal, interest, and fees; and 
D&£ii am (D) competition among private entities for the provision 
of air pollution control devices for electric powerplants using 
^a& o 
coal as their primary energy source to be assisted under this 
9rft r? 
section will be in no way limited or precluded. 
(c) ALLOCATION AND PRIORITIES.—In making loans or commitments 
to loan pursuant to this section, the Secretary shall— 
adiv 
(1) allocate a minimum of 25 percent of available financial 
-noH assistance to existing small municipal and rural powerplants; and 
(2) give priority consideration to requests for financial assist-
ance by existing electric powerplants subject to any prohibition 
^
^ 
under title III (or under section 2 of the Energy Supply and ^»'e, p. 3305. 
^
•
^ 
EnvironmentalCoordination Actof 1974). 
> I'-'j (.i JJ .'S>IG! j.u-; 15 USC 792. 
(d) DEFINITIONS.—For purposes of this section-^osB edJ x6 b9iq9oofi 
HmM'^ 
tlM.IC LAW 95-620—NOV. 9, 1978 
.^a?. S3 lOQ 3gU ^ 
42 use 7401 
note. 
•gan'ini(^t^ The term "certified pollution control device" means a new 
identifiable device which— 
9'inili 
(A) is used, in connection with a powerplant, to abate or 
\&m A control atmospheric pollution by removing, altering, dispos-
Isiidh 
ing^ storing, or preventing the emission of pollutants; 
Xns •! 
(B) the appropriate State air pollution control agency has 
wi5l i 
certified to the Administrator of the Environmental Protec-
-oiq ; 
tion Agency that such device is needed to meet, and is in con-
-aldh i'i^> formity with, State requirements for abatement or control of 
nifItrv/^ '{atmospheric pollution or contamination; 
(C) the Administrator of the Environmental Protection 
flIA 10 Agency has certified to the Secretary as not duplicating or 
displacing existing air pollution control devices with a 
.20*8 :)81J 2
1
^ aonnbTooremaining useful economic life in excess of 2 years and as 
aJ3 8ff' 
otherwise being in furtherance of the requirements and pur-
(nx50 i 
poses of the Clean Air Act; 
tofilq 
(D) does not constitute or include a building, or a struc-
aoiur; 
tural component of a building, other than a building used 
odi ^. 
exclusively for the purposes set forth in subparagraph (A); 
lo'iinoo ijand 
(E) the construction of which began after the effective 
noiio98 sJiiateofthisAct. 
(2) The term "small municipal or rural cooperative electric 
-Ikd|K)NPerplant" means an electric generating unit, which— 
(A) by design is not capable of consuming fuel at a fuel 
IQ^IB gixiheat input rate in excess of a rate determined appropriate by 
the Secretary by rule; and 
.3iBi J89i9jnl bsnimiat: (B) is owned or operated by a municipality or a rural 
Qdi noiixslectric cooperative. 
frf(Te&)^RBG0RDS.—(1) The Secretary shall require all persons receiving 
financial assistance under this section to keep such records as the Sec-
retary shall prescribe, including records which fully disclose the 
amount and disposition by such recipient of the proceeds of such 
assistance, the total cost of the project or undertaking in connection 
with which such assistance was given or used, the amount of that por-
tion of the cost of the project or undertaking supplied by other sources, 
and such other records as will facilitate an effective audit. 
Access. 
(2) The Secretary and the Comptroller General of the United 
States, or any of their duly authorized representatives, shall, until the 
later of— 
-'l&cp (A) the expiration of 3 years after completion of the project or 
undertaking referred to in subsection (a), or 
noiei (B) full repayment of interest and principal o^i^ loan made 
Tjnigjunder this section, occurs, 
q -nn io 
ha've access for the purposes of audit, evaluation, examination to any 
books, documents, papers, and records of such receipts which in the 
opinion of the Secretary or the Comptroller General may be related 
or pertinent to such loan. 
J
L (f) DEFAULT.—(1) If there is a default in any pajmient by the 
obligor of interest or principal due under a loan entered into by the Sec-
retary under this section and such default has continued for 90 days, the 
Secretary has the right to demand payment of such unpaid amount, 
.2088 .q .bisik unless the Secretary finds that such default has been remedied, or a 
.2QVDeiJSl satisfactory plan to remedy such 4§fewJfe.tewtii^„ftl>Mg<?y^)iag^been 
accepted by the Secretary. 
aaaoqiyq 'lo^—.avioiTi-^iiaa (b) 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3329 
Notification of 
Attorney 
General. 
(2) I n demanding payment of unpaid interest or principal by the 
obligor, the Secretary has all rights specified in the loan-related agree-
ments with respect to any security which he held with respect to the 
loan, including the authority to complete, maintain, operate, lease, sell, 
or otherwise dispose of any property acquired pursuant to such loan 
or related agreements. 
(3) If there is a default under any loan, the Secretary shall notify 
the Attorney General who shall take such action against the obligator 
or other parties liable thereunder as is, in his discretion, necessary to 
protect the interests of the United States. The holder of such loan shall 
make available to the United States all records and evidence necessary 
to prosecute any such suit. 
(g) DEPOSIT or RECEIPTS.—Amounts received by the Secretary as 
principal, interest, fees, proceeds from security acquired following 
default, or other amounts received by the Secretary in connection with 
loans made under this section shall be paid into the Treasury of the 
United States as miscellaneous receipts. 
(h) AUTHORIZATION OF APPROPRIATION.—There are hereby author-
ized to be appropriated to the Secretary such sums as may be necessary 
to carry out the purposes of this section, but not to exceed $400,000,000 
for fiscal year 1979 and $400,000,000 for fiscal year 1980. Authority 
granted to the Secretary under subsection (a) may be exercised only 
to the extent as may be provided in advance in appropriation Acts. 
^ ; 
TITLE VII—ADMINISTRATION AND 
ENFORCEMENT 
Subtitle A—Procedures 
SEC. 701. ADMINISTRATIVE PROCEDURES. 
(a) GENERAL KULE MAKING.— Except to the extent otherwise pro- 42 USC 8411 
vided in this section or other provisions of this Act, rules prescribed 
under this Act shall be made in accordance with the procedures set 
forth in section 553 of title 5, United States Code. 
(b) NOTICES OF KULES AND ORDERS IMPOSING PROHIBITIONS.—Before 
the Secretary prescribes any rule or issues any order imposing a pro-
hibition under this Act (other than under section 402), he shall publish 
such proposed rule or order in the Federal Register, together with a 
statement of the reasons for such rule or order and, in the case of a 
rule, a detailed statement of any special circumstances or character-
istics required to be taken into account in prescribing such rule. A 
copy shall be transmitted to the person who operates any such power-
plant or installation required to be specifically identified in such rule 
or order. 
(c) PETITIONS FOR EXEMPTIONS.—(1) Any petition for an exemption 
from any prohibition under this Act or for any permit under section 
405, shall be filed at such time and shall be in such form as the Secre-
tary shall by rule prescribe. The Secretary, upon receipt of such peti-
tion, shall publish a notice thereof in the Federal Register together 
with a statement of the reasons set forth in such a petition for 
requesting such exemption or permit, and provide a period of public 
comment of at least 45 days for written comments thereon. Rules 
required under this paragraph shall be prescribed not later than 120 
days after the date of the enactment of this Act. 
Publication in 
Federal Register. 
Publication in 
Federal Register. 
Public comment 
period. 
92 STAT. 3330 
PUBLIC LAW 95-620—NOV. 9, 1978 
Publication in 
Federal Register. 
Public hearing. 
Evidence. 
42 u s e 7401 
note. 
(2) The Secretary, upon receipt of such petition, shall notify the 
appropriate State agencies having primary authority to permit or reg-
ulate the construction or operation of the electric powerplant or, where 
appropriate, major fuel-burning installation which is the subject of 
such petition, and, to the maximum extent practicable, consult with 
such agencies. 
(3) The Secretary, within 6 months after the period for public com-
ment and hearing applicable to any petition for an exemption or per-
mit, shall issue a final order granting or denying the petition for 
such exemption or permit, except that the Secretary may extend 
such period to a specified date if he publishes notice thereof in the 
Federal Register and includes with such notice a statement of the 
reasons for such extension. 
(4) Any order for the approval of a system compliance plan under 
section 501, and any petition for such an order, shall be treated for 
purposes of this title the same as an order (or petition) for an 
exemption. 
(d) PUBLIC COMMENT OX PROHIBITIOXS AND EXEMPTIONS.— (1) 
In 
the case of any proposed rule or order by the Secretary imposing a pro-
hibition or any petition for any order granting an exemption (or per-
mit) under this Act (other than under section 402), any interested 
person shall be afforded an opportunity to present oral data, views, 
and arguments at a public hearing. At such hearing any interested 
person shall have an opportunity to question— 
(A) other interested persons who make oral presentations, 
(B) employees and contractors of the United States who have 
made written or oral presentations or who have participated in 
the development of the proposed rule or order or in the considera-
tion of such petition, and 
(C) experts and consultants who have provided information to 
any person who makes an oral presentation and which is con-
tained in or referred to in such presentation, 
with respect to disputed issues of material fact, except that the Secre-
tary may restrict questioning if he determines that such questioning 
is duplicative or is not likely to result in a timely and effective resolu-
tion of such issues. Any oral or documentary evidence may be received, 
but the Secretary as a matter of policy shall provide for the exclusion 
of irrelevant, immaterial, or unduly repetitious evidence. 
(2) A rule or order subject to this section may not be issued except on 
consideration of the whole record or those parts thereof cited by a 
party and supported by and in accordance with the reliable, probative, 
and substantial evidence. 
(e) TRANSCRIPT.—A transcript shall be kept of any public hearing 
made in accordance with this section. 
(f) ENVIRONMENTAL PROTECTION AGENCY COMMENT.—A copy of 
any proposed rule or order to be prescribed or issued by the Secretary 
which imposes a prohibition under this Act (other than under section 
402 or 404), or a petition for an exemption (or permit) under this Act 
(other than under section 402 or 404), shall be transmitted by the Sec-
retary to the Administrator of the Environmental Protection Agency 
and the Secretary shall request such agency to comment thereon within 
the period provided to the public unless a longer period is provided 
under the Clean Air Act. In any such case, the Administrator of the 
Environmental Protection Agency shall be afforded the same oppor-
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3331 
tunity to comment and question as is provided other interested persons 
under subsection (d). 
(g) FEDERAL TRADE COMMISSION COMMENT.—A copy of any pro-
posed rule or order to be prescribed or issued by the Secretary which 
imposes a prohibition under this Act (other than under section 402 or 
404) with respect to a major fuel-burning installation or a boiler sub-
ject to section 401 or a petition by such installation or boiler for an 
exemption (or permit) under this Act (other than under section 402 or 
404), shall be transmitted by the Secretary to the Federal Trade Com-
mission and the Secretary shall request such Commission to comment 
thereon within the period provided to the public. In any such case, the 
Federal Trade Commission shall be afforded the same opportunity to 
comment and question as is provided other interested persons under 
subsection (d). 
(h) COORDINATION WITH OTHER PROVISIONS OF LAW.—(1) Except as 
provided in sections 702(c) (4), 723 (d) (5), and 724 of this Act, title V 
of the Department of Energy Organization Act (42 TJ.S.C. 7191, et 
seq.) shall not apply with respect to this Act. 
(2) The preceding provisions of this section shall not apply with 
respect to any exercise of authority under section 404. 
(3) The procedures applicable under this Act shall not— 
(A) be considered to be modified or affected by any other pro-
vision of law unless such other provision specifically amends this 
Act (or provisions of law cited herein), or 
(B) be considered to be superseded by any other provision of 
law unless such other provision does so in specific terms, referring 
to this Act, and declaring that such provision supersedes, in whole 
or in part, the procedures of this Act. 
SEC. 702. JUDICIAL REVIEW. 
(a) 
PUBLICATION AND DELAY OF PROHIBITION OR EXEMPTION TO 
ALLOW FOR REVIEW.—Any final rule or order prescribed by the Secre-
tary imposing a prohibition or granting an exemption (or permit) 
under this Act shall be published in the Federal Register, and shall not 
take effect earlier than the 60th calendar day after such rule or order 
is published. 
(b) PUBLICATION OF DENIAL OF EXEMPTION OR PERMIT.—^Any final 
order issued by the Secretary denying any petition for an exemption 
or a permit under this Act shall be published in the Federal Register, 
together with the reasons for such action. 
(c) JUDICIAL REVIEW.—(1) Any person aggrieved by any final rule 
or order referred to in subsection (a) or in section 404, or by the denial 
of a petition for an order granting an exemption (or permit) referred 
to in subsection (b), may at any time before the 60th day after the date 
such rule, order, or denial is published under subsection (a) or (b), 
file a petition with the United States court of appeals for the circuit 
wherein such person resides, or has his principal place of business, for 
judicial review thereof. A copy of the petition shall be forthwith trans-
mitted by the clerk of the court to the Secretary. The Secretary there-
upon shall file in the court the written submissions to, and transcript 
of, the written or oral proceedings on which the rule or order was based 
as provided in section 2112 of title 28, United States Code. 
(2) Upon the filing of the petition referred to in paragraph (1), 
the court shall have jurisdiction to review the rule, order, or denial 
in accordance with chapter 7 of title 5, United States Code, and to 
42 use 8412. 
Publication in 
Federal Register. 
Publication in 
Federal Register. 
Transmittal to 
Secretary. 
Written 
submissions and 
transcript. 
5 u s e 701 et seq. 
92 STAT. 3332 
PUBLIC LAW 95-620—NOV. 9, 1978 
grant appropriate relief as provided in such chapter. No rule or order 
(or denial thereof) may be affirmed unless supported by substantial 
evidence. 
(3) The judgment of the court affirming or setting aside, in whole or 
in part, any such rule, order, or denial shall be final, subject to review 
by the Supreme Court of the United States upon certiorari or certifica-
tion as provided in section 1254 of title 28, United States Code. 
(4) Subject to the direction and control of the Attorney Greneral, as 
provided in section 519 of title 28, United States Code, attorneys 
appointed by the Secretary may appear for and represent the Secretary 
in any proceeding instituted under this section in accordance with 
42 use 7192. 
section 502(c) of the Department of Energy Organization Act. 
Subtitle B—^Information and Reporting 
SEC. 711. INFORMATION. 
42 use 8421. 
(a) AuTHORiTT OP SECRETARY.—For purposes of carrying out his 
responsibilities under this Act, the Secretary may require, under the 
authority of this Act or any other authority administered by him, any 
person owning, operating or controlling any electric powerplant or 
major fuel-burning installation, or any other person otherwise subject 
to this Act to submit such information and reports of any kind or 
nature directly to the Secretary necessary to implement the provisions 
of this Act and insure compliance with the provisions of this Act, and 
any rule or order thereunder. The provisions of section 11(d) of the 
15 use 796. 
Energy Supply and Environmental Coordination Act of 1974 shall 
apply with respect to information obtained under this section to the 
same extent and in the same manner as it applies with respect to energy 
information obtained under section 11 of such Act. 
(b) 
AUTHORITY OF PRESIDENT AND FEDERAL ENERGY REGULATORY 
COMMISSION.—In the case of responsibilities expressly given by this 
Act to the President or the Federal Energy Eegulatory Commission, 
subsection (a) shall be applied as if the references to the Secretary 
were references to the President or the Federal Energy Regulatory 
Commission, as the case may be. 
SEC. 712. COMPLIANCE REPORT. 
42 use 8422. 
Any person owning, operating, or proposing to operate one or more 
existing electric powerplants required to come into compliance with 
the prohibitions of this Act shall on or before January 1, 1980, and 
annually thereafter, submit to the Secretary a report identifying all 
such existing electric powerplants owned or operated by such person. 
eontents. 
Suoh report ^hall— 
(1) set forth the anticipated schedule for compliance with the 
applicable requirements and prohibitions by each such electric 
powerplant; 
(2) indicate proposed or existing contracts or other com-
mitments or good faith negotiations for such contracts or com-
mitments for coal or another alternate fuel, equipment, or 
combinations thereof, which would enable such powerplant to 
comply with such prohibitions; and 
(3) identify those electric powerplants, if any, for which 
application for temporary or permanent exemption from the 
,; 
; :)"; r 
prohibitions of this Act may be 
filed. 
r 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3333 
Subtitle C—Enforcement 
SEC. 721. NOTICE OF VIOLATION; OTHER GENERAL PROVISIONS. 
(a) NOTICE OF VIOLATION.—(1) Whenever, on the basis of any infor- 42 USC 8431. 
mation available, the Secretary finds that any person is in violation 
of any provision of this Act, or any rule or order thereunder, the Sec-
retary shall issue notice of such violation. Any notice issued under this 
subsection shall be in writing and shall state with reasonable specificity 
the nature of the violation. 
(2) Paragraph (1) shall not be construed to relieve any person of 
liability under the other provisions of this Act for any act or omission 
occurring before the issuance of notice. 
(b) INDIVIDUAL LIABILITY OF CORPORATE PERSONNEL.—Any individ-
ual director, officer, or agent of a corporation who willfully authorizes, 
orders, or performs any of the acts or practices constituting in whole 
or in part a violation of this Act, or any rule or order thereunder, shall 
be subject to penalties under this section without regard to any penal-
ties to which the corporation may be subject, except that no such 
individual director, officer, or agent shall be subject to imprisonment 
under section 722, unless he also knew of noncompliance by the corpo-
ration or had received from the Secretary notice of noncompliance 
by the corporation. 
(c) LIABILITY FOR CERTAIN PEAKLOAD OPERATION.—No person shall 
be subject to any penalty under this subtitle with respect to the opera-
tion of any powerplant in excess of that allowed by an exemption 
granted on the basis of the operation of such powerplant as a peakload 
powerplant if it is demonstrated to the Secretary that such operation 
was necessary to meet peakload demand and that other peakload 
powerplants v;ithin the same system as such powerplant— 
(1) were unavailable for service— 
(A) due to unit or system outages; or 
(B) because operation of such other powerplants would 
result in their exceeding the hours of operation allowed under 
ae.;^ , ., A 
an exemption; and 
(2) have not been operated other than to meet peakload demand. 
(d) FEDERAL AGENCIES.—The provisions of sections 722 and 723 
shall not be construed to apply to any Federal agency or officer or 
employee thereof acting in his official capacity. 
SEC. 722. CRIMINAL PENALTIES. 
Any person who willfully violates any provision of this Act (other 42 USC 8432. 
than section 402), or any rule or order thereunder, shall be subject to a 
fine of not more than $50,000, or to imprisonment for not more than 
one year, or both, for each violation. 
SEC. 723. CIVIL PENALTIES. 
(a) GENERAL CIVIL PENALTY.—Any person who violates any provi- 
42 USC 8433. 
sion of this Act (other than section 402), or rule or order thereunder, 
shall be subject to a civil penalty, which shall be assessed by the Sec-
retary, of not more than $25,000 for each violation. Each day of viola-
tion shall constitute a separate violation. 
(b) CIVIL PENALTIES FOR OPERATION OR U S E OF FUELS I N EXCESS OF 
EXEMPTION.—(1) In the case of any electric powerplant granted an • 
exemption, any person who operates such powerplant during any 
12-calendar-month period in excess of that authorized in such exemp-
tion, shall be liable for a civil penalty, which shall be assessed by the 
Secretary. The amount of such civil penalty may not exceed $10 per 
' 
92 STAT. 3334 
PUBLIC LAW 95-620—NOV. 9, 1978 
Agency hearing. 
5 u s e 701 note. 
Payment. 
barrel of petroleum or $3 per Mcf of natural gas used in operation 
of such powerplant in excess of that authorized in such exemption. 
(2) Any person operating a major fuel-burning installation granted 
an exemption which, for any 12-calendar-month period, uses petro-
leum or natural gas, or both, in excess of that use allowed by such 
exemption shall be liable for a civil penalty, which shall be assessed by 
the Secretary. The amount of such civil penalty may not exceed $10 
per barrel of petroleum or $3 per Mcf of natural gas which was used in 
excess of that use allowed by such exemption. 
(c) PENALTIES FOR VIOLATION OF SECTION 402.— (1) Any person 
who violates any prohibition under subsection (b) (1) of section 402 
with respect to providing of natural gas service to any person for use 
in outdoor lighting shall be subject to a civil penalty, which shall be 
assessed by the Secretary and which shall not exceed $500 for each 
outdoor lighting fixture involved. 
(2) Any industrial user who violates prohibition under subsection 
(b) (2) of section 402 shall be subject to a civil penalty, which shall be 
assessed by the Secretary and which shall not exceed $500 per day of 
violation for each outdoor lighting fixture involved which was used by 
an industrial customer, but not to exceed $5,000 per outdoor lighting 
fixture involved. 
(3) The penalties under this subsection shall only apply in the case 
of a violation by any person who at the time of the violation had 
knowledge or reasonably should have had knowledge that the action 
involved was prohibited under section 402. 
(d) ASSESSMENT.— (1) Before issuing an order assessing a civil 
penalty against any person under this Act, the Secretary ^all pro-
vide to such person notice of the proposed penalty. Such notice ^all 
inform such person of his opportunity to elect in writing within 30 
days after the date of receipt of such notice to have the procedures of 
paragraph (3) (in lieu of those of paragraph (2)) apply with respect 
to such assessment. 
(2) (A) Unless an election is made within 30 calendar days after 
receipt of notice under paragraph (1) to have paragraph (3) apply 
with respect to such penalty, the Secretary shall assess the penalty, by 
order, after a determination of violation has been made on the record 
after an opportunity for an agency hearing pursuant to section 554 
of title 5, XJnited States Code, before an administrative law judge 
appointed under section 3105 of such title 5. Such assessment order 
shall include the administrative law judge's findings and the basis 
for such assessment. 
(B) Any person against whom a penalty is assessed under this para-
graph may, within 60 calendar dajrs after the date of the order of the 
Secretary assessing such penalty, institute an action in the United 
States court of appeals for the appropriate judicial circuit for judicial 
review of such order in accordance with chapter 7 of title 5, United 
States Code. The court shall have jurisdiction to enter a judgment 
affirming, modifying, or setting aside in whole or in part, the order of 
the Secretary, or the court may remand the proceeding to the Secre-
tary for such further action as the court may direct. 
(3) (A) In the case of any civil penalty with respect to which the 
procedures of this paragraph have been elected, the Secretary shall 
promptly assess such penalty, by order, after the date of the receipt of 
the notice under paragraph (1) of the proposed penalty. 
(B) If the civil penalty has not been paid within 60 calendar days 
after the assessment order has been made under subparagraph (A), 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3335 
the Secretary shall institute an action in the appropriate district court 
of the United States for an order affirming the assessment of the civil 
penalty. The court shall have authority to review de novo the law and 
the facts involved, and shall have jurisdiction to enter a judgment 
enforcing, modifying, and enforcing as so modified, or setting aside 
in whole or in part, such assessment. 
(C) Any election to have this paragraph apply may not be revoked 
except with the consent of the Secretary. 
(4) If any person fails to pay an assessment of a civil penalty after 
Failure to pay. 
it has become a final and unappealable order under paragraph (2), or 
after the appropriate district court has entered final judgment in 
favor of the Secretary under paragraph (3), the Secretary shall 
institute an action to recover the amount of such penalty in any appro-
priate district court of the United States. In such action, the validity 
and appropriateness of such final assessment order or judgment shall 
not be subject to review. 
(5) (A) Notwithstanding the provisions of title 28, United States 
Code, or of section 502 (c) of the Department of Energy Organization 
Act, the Secretary shall be represented by the general counsel of the 42 U
S
C 7192. 
Department of Energy (or any attorney or attorneys within the 
Department of Energy designated by the Secretary) who shall super-
vise, conduct, and argue any civil litigation to which paragraph (3) of 
this subsection applies (including any related collection action under 
paragraph (4)) in a court of the United States or in any other court, 
except the Supreme Court. However, the Secretary or the general coun-
sel shall consult with the Attorney General concerning such litigation, 
and the Attorney General shall provide, on request, such assistance in 
the conduct of such litigation as may be appropriate. 
(B) Subject to the provisions of section 502(c) of the Department 
of Energy Organization Act, the Secretary shall be represented by 
the Attorney General, or the Solicitor General, as appropriate, in 
actions under this subsection, except to the extent provided in subpara-
graph (A) of this paragraph. 
(C) Section 402(d) of the Department of Energy Organization 
Act shall not apply with respect to the functions of the Secretary 42 USC 7172. 
under this subsection. 
SEC. 724. INJUNCTIONS AND OTHER EQUITABLE RELIEF. 
Whenever it appears to the Secretary that any person has engaged, 42 U
S
C 8434. 
is engaged, or is about to engage in acts or practices constituting a 
violation of this Act, or any rule or order thereunder, a civil action, 
may be brought, in accordance with section 502(c) of the Department 
of Energy Organization Act, in the appropriate district court of 42 USC 7192. 
the United States to enjoin such acts or practices, and, upon a proper 
showing, the court shall grant, without bond, mandatory or prohibitive 
injunctive relief, including interim equitable relief. 
SEC. 725. CITIZENS SUITS. 
(a) GENERAL RULE.—Except as otherwise provided in subsection 42 USC 8435. 
(b), any aggrieved person may commence a civil action for manda-
tory or prohibitive injunctive relief, including interim equitable relief, 
against the Secretary or the head of any Federal agency which has a 
responsibility under this Act if there is an alleged failure of the Sec-
retary or such agency head to perform any act or duty under this Act 
which is not discretionary. The United States district courts shall have 
jurisdiction over actions brought under this section, without regard 
to the amount in controversy or the citizenship of the parties. 
92 STAT. 3336 
PUBLIC LAW 95-620—NOV. 9, 1978 
(b) NOTICE TO SECRETARY OR AGENCY HEAD.—^No action may be 
commenced under subsection (a) before the 60th calendar day after 
the date on which the plaintiff has given notice of such action to the 
Secretary or the agency head involved. Notice under this subsection 
shall be given in such manner as the Secretary shall prescribe by rule. 
(c) 
AUTHORITY OF SECRETARY To INTERVENE.—In any action 
brought under subsection (a), the Secretary, if not a party, may inter-
vene as a matter of right. 
' 
(d)' COSTS OF LITIGATION.—The court, in issuing any final order in 
any action brought under subsection (a), may award costs of litiga-
tion (including reasonable attorney and expert witness fees) to any 
party, whenever the court determines such award is appropriate. 
(e) OTHER REMEDIES TO REMAIN AVAILABLE.—Nothing in this 
section shall restrict any right which any aggrieved person (or class of 
aggrieved persons) may have under any statute or common law to seek 
enforcement of this Act or any rule thereunder, or to seek any other 
relief (including relief against the Secretary or the agency head 
involved). 
Subtitle D—Preservation of Contractual 
Rights 
SEC. 731. PRESERVATION OF CONTRACTUAL INTEREST. 
42 use 8441. 
(a) RIGHT To TRANSFER CONTRACTUAL INTERESTS.—(1) If any per-
son receives natural ^as, the use of which is prohibited by the pro-
visions of title I I or title I I I or any rule or order thereunder, and if 
such natural gas is received pursuant to a contract in effect on April 20, 
19T7, between such person and any other person, such person receiving 
such natural gas may transfer all or any portion of such person's con-
tractual interests under such contract and receive consideration from 
the person to whom such contractual interests are transferred. The 
consideration authorized by this subsection shall not exceed the maxi-
mum consideration established as just compensation under this section. 
(2) Any person who would have transported or distributed the 
natural gas subject to a contract with respect to which contractual 
interests are transferred pursuant to paragraph (1) shall be entitled to 
receive just compensation (as determined by the Commission) from 
the person to whom such contractual interests are transferred. 
(b) DETERMINATION OF CONSIDERATION.—(1) The Commission shall, 
by rule, establish guidelines for the application on a regional or 
' i 
national basis (as may be appropriate) of the criteria specified in sub-
section (e) (1) to determine the maximum consideration permitted as 
just compensation under this section. 
(2) The person transferring contractual interests pursuant to sub-
section (a) (1) and the person to whom such interests are transferred 
may agree on the amount of, or method of determining, the considera-
tion to be paid for such transfer and certify such consideration to the 
Commission. Except as provided in paragraph (4), such agreed-upon 
consideration shall not exceed the consideration determined by appli-
cation of the guidelines prescribed by the Commission under para-
graph (1). 
(3) In the event the person transferring contractual interests pur-
suant to subsection (a) (1) and the person to whom such interests are 
to be transferred fail to agree, under paragraph (2), on the amount of, 
or method of determining, the consideration to be paid for such trans-
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3337 
fer, the Commission may, at the request of both such persons, prescribe 
the amount of, or method of determining, such consideration. Upon Agency hearing, 
the request of either such person, the Commission shall make such 
determination on the record, after an opportunity for agency hearing. 
In any such latter case, the determination of the Commission shall be 
binding upon the party requesting that such determination be made on 
the record of the agency hearing. The consideration prescribed by the 
Commission shall not exceed the maximum consideration permitted as 
just compensation under this section. In prescribing the amoimt of, or 
method of determining, consideration under this paragraph, to the 
maximum extent practicable, the Commission shall utilize any liqui-
dated damages provision set forth in the applicable contract, but in no 
event may the Commission prescribe consideration in excess of the 
maximum consideration permitted as just compensation imder this 
section. 
(4) In the event that the consideration agreed upon under para-
graph (2) exceeds the consideration determined by application of the 
guidelines prescribed by the Commission under paragraph (1), the 
Commission may approve such agreed-upon consideration if the Com-
mission determines such agreed-upon consideration does not exceed 
the maximum consideration permitted as just compensation under this 
section. 
(5) If consideration is agreed upon under paragraph (2) and such 
consideration exceeds the consideration determined by application of 
the guidelines prescribed under paragraph (1), but does not exceed 
the maximum consideration permitted as just compensation under this 
section, the Commission may not require a refund of any portion of the 
agreed-upon consideration paid with respect to deliveries of natural 
gas occurring prior to the Commission's action under paragraph (4) 
approving or disapproving such consideration unless the Commission 
determines— 
(A) 
such 
agreed-upon 
consideration 
was 
fraudulently 
established; 
(B) the processing of the request for approval of such agreed-
upon consideration under paragraph (4) was willfully delayed 
by a party to the transfer; or 
(C) such agreed-upon consideration exceeds the maximum con-
sideration permitted as just compensation under this section. 
(c) RESTRICTIONS ON TRANSFERS UNENFORCEABLE.— (1) Any pro-
vision of any contract, which prohibits any transfer authorized by 
subsection (a) (1) or terminates such contract on the basis of such 
transfer, shall be unenforceable in any court of the United States and 
in any court of any State. 
(2) No State may enforce any prohibition on any tiansfer author-
ized by subsection (a)(1). 
(d) CONTRACTUAL OBLIGATIONS UNAFFECTED.—The person acquiring 
contractual interests transferred pursuant to subsection (a) (1) shall 
assume the contractual obligations which the person transferring such 
contractual interests has under such contract. This subsection shall 
not relieve the person transferring such contractual interests from any 
contractual obligation of such person under such contract if such 
obligation is not performed by the person acquiring such contractual 
• ' 
interests. 
(e) DEFINITIONS.—For purposes of this section— 
(1) The term "just compensation", when used with respect to any 
transfer of contractual interests authorized by subsection 
(a)(1), 
39-194 O—80—pt. 3 
45 : QL3 
92 STAT. 3338 
PUBLIC LAW 95-620—NOV. 9, 1978 
means the maximum amount of, or method of determining, considera-
tion which does not exceed the amount by which— 
(A) the reasonable costs (excluding capital costs) incurred, 
during the remainder of the period of the contract with respect 
to which contractual interests are transferred under subsection 
(a)(1), in direct association with the use of a fuel, other than 
natural gas, as a primary energy source by the applicable exist-
ing electric powerplant or major fuel-burning installation, exceed 
(B) the price of natural gas under such contract during such 
period. 
For purposes of subparagraph (A), the reasonable costs associated 
with the use of a fuel, other than natural gas, as a primary energy 
source shall include an allowance for the amortization, over the 
remaining useful life, of the undepreciated value of depreciable assets 
located on the premises containing such electric powerplant or major 
fuel burning installation, which assets were directly associated with 
the use of natural gas and are not usable in connection with the use of 
such other fuel. 
(2) The term "just compensation", when used with respect to sub-
section (a) (2), means an amount equal to any loss of revenue, during 
the remaining period of the contract with respect to which contractual 
interests are transferred pursuant to subsection (a) (1), to the extent 
such loss (A) is directly incurred by reason of the discontinuation of 
the transportation or distribution of natural gas resulting from the 
transfer of contractual interests pursuant to subsection (a) (1), and 
(B) is not offset by revenues derived from other transportation or dis-
tribution which would not have occurred if such contractual interests 
had not been transferred. 
(3) The terra "contractual interests", with respect to a contract 
described in subsection (a)(1), includes the right to receive natural gas 
as affected by any applicable curtailment plan filed Avith the Commis-
sion or the appropriate State regulatory authority. 
(4) The term "State" means each of the several States, the District 
of Columbia, Puerto Kico, any territory or possession of the United 
States, and any political subdivision of any of the foregoing. 
(5) The term "interstate pipeline" means any person engaged in the 
transportation of natural gas in interstate commerce subject to the 
15 use 717w. 
jurisdiction of the Commission under the Natural Gas Act. 
(6) The term "Commission" means the Federal Energy Regulatory 
Commission. 
(7) The term "contract", when used with respect to a contract for 
receipt of natural gas, which contract was in existence on April 20, 
1977, does not include any renewal or extension occurring after such 
date unless such renewal or extension occurs pursuant to the exercise 
of an option by the person receiving natural gas under such contract. 
(f) COORDINATION WITH THE NATURAL GAS ACT.—(1) Considera-
tion paid by any interstate pipeline pursuant to this section shall be 
deemed just and reasonable for purposes of sections 4, 5, and 7 of the 
15 use 717c, 
Natural Gas Act. The Commission shall not deny a passthrough by 
717d, 717f. 
such interstate pipeline of such consideration based upon the amount 
of such consideration paid pursuant to this section. 
15 use 7l7w. 
(2) No person shall be subject to the jurisdiction of the Commission 
under the Natural Gas Act or to regulation as a common carrier under 
any provision of Federal or State law solely by reason of making any 
sale, or engaging in any transportation, of natural gas with respect to 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3339 
which, the transfer of contractual interests is authorized under sub-
section (a)(1). 
(3) Nothing in this section shall exempt from the jurisdiction of 
the Commission under the Natural Gas Act any transportation in 15 USC 717w. 
interstate commerce of natural gas, any sale in interstate commerce for 
resale of natural gas, or any person engaged in such transportation or 
such sale to the extent such transportation, sale or person is subject 
to the juridiction of the Commission under such Act without regard 
to the transfer of contractual interests under subsection (a) (1). 
(4) Nothing in this section shall exempt any person from any obli-
gation to obtain a certificate of public convenience and necessity for 
the transportation by an interstate pipeline of natural gas with respect 
to which the transfer of contractual interests is authorized under sub-
section (a) (1). The Commission shall not deny such a certificate for 
the transportation in interstate commerce of natural gas based upon 
the amount of consideration paid pursuant to this section. 
(g) VOLUME LIMITATION.—^No supplier of natural gas under any 
contract, with respect to which contractual interests have been trans-
ferred under subsection (a) (1), shall be required to supply natural 
gas during any relevant period in volume amounts which exceed the 
lesser of— 
(1) the volume determined by reference to the maximum deliv-
ery obligations specified in such contract; 
(2) the volume which such supplier would have been required 
to supply, imder the curtailment plan in effect for such supplier, 
to the person, who transferred contractual interests under subsec-
tion (a) (1), if no such transfer had occurred; 
(3) the volume which would have been delivered, or for which 
payment would have been made, pursuant to such contract but for 
the prohibition on the use of such natural gas under title II or 
title III of this Act or any rule or order thereunder; and 
Ante, pp. 3298, 
(4) the volume actually delivered or for which payment would 3305. 
have been made pursuant to such contract during the 12-calendar-
month period ending immediately before such transfer of con-
tractual interests pursuant to this section. 
(h) JUDICIAL REVIEW.—^Any action by the Commission under this 
section is subject to judicial review in accordance with chapter 7 of 
title 5, United States Code. 
Subtitle E—Studies 
SEC. 741. NATIONAL COAL POLICY STUDY. 
(a) STUDY.—The President, acting through the Secretary and the 42 USC 8451. 
Administrator of the Environmental Protection Agency, shall make 
a full and complete investigation and study of the alternative national 
uses of coal available in the United States to meet the Nation's energy 
requirements consistent with national policies for the protection and 
enhancement of the quality of the environment and for economic 
recovery and full employment. In particular the study should identify 
and evaluate— 
(1) current and prospective coal requirements of the United 
States; 
(2) current and prospective voluntary and mandatory energy 
conservation measures and their potential for reduction of the 
United States coal requirements; 
92 STAT. 3340 
PUBLIC LAW 95-620—NOV. 9, 1978 
(3) current and prospective coal resource production, trans-
portation, conversion, and utilization requirements; 
(4) the extent and adequacy of coal research, development, and 
demonstration programs being carried out by Federal, State, local, 
and nongovernmental entities (including financial resources, man-
power, and statutory authority); 
(5) programs for the development of coal mining technologies 
which increase coal production and utilization while protecting 
the health and safety of coal miners; 
(6) alternative strategies for meeting anticipated United States 
coal requirements, consistent with achieving other national goals, 
including national security and environmental protection; 
(7) existing and prospective governmental policies and laws 
aflFecting the coal industry with the view of determining what, 
if any, changes in and implementation of such policies and laws 
may be advisable in order to consolidate, coordinate, and provide 
an effective and ec[uitable national energy policy consistent with 
other national policies; and 
(8) the most efficient use of the Nation's coal resources consid-
ering economic (including capital and consumer costs, and 
balance of payments), social (including employment), environ-
mental, technological, national defense, and other aspects. 
(b) REPORT.—^Within 18 months after the effective date of this Act, 
the President shall submit to the Congress a report with respect to the 
studies and investigations, together with findings and recommendations 
in order that the Congress may have such information in a timely 
fashion. Such report shall include the President's determinations and 
recommendations with respect to— 
(1) the Nation's projected coal needs nationally and regionally, 
for the next 2 decades with particular reference to electric power; 
V
. 
(2) the coal resources available or which must be developed to 
meet those needs, including, as applicable, the programs for 
research, development, and demonstration necessary to provide 
technological advances which may greatly enhance the Nation's 
ability to efficiently and economically utilize its fuel resources, 
consistent with applicable environmental requirements; 
(3) the air, water, and other pollution created by coal require-
ments, including any programs to overcome promptly and effi-
ciently any technological or economic barriers to the elimination 
of such pollution; 
(4) the existing policies and programs of the Federal Govern-
ment and of State and local governments, which have any sig-
nificant impact on the availability, production or efficient and 
economic utilization of coal resources and on the ability to meet 
the Nation's energy needs and environmental requirements; and 
(5) the adequacy of various transportation systems, including 
roads, railroads, and waterways to meet projected increases in coal 
production and utilization. 
Publication in 
Before Submitting a report to the Congress under subsection (b), the 
Federal Register. President shall publish in the Federal Register a notice and summary 
^"^i'*K r 
®
^ ^^^ proposed report, make copies of such report available, and 
availability. 
accord interested persons an opportunity (of not less than 90 davs' 
duration) to present written comments; and shall make such modifi-
cations of such report as he may consider appropriate on the basis of 
such comments. 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3341 
(c) AUTHORIZATION^ OP APPROPRIATIONS.—^There is hereby authorized 
to be appropriated to the Secretary for allocation between the Depart-
ment of Energy and the Environmental Protection Agency for fiscal 
years 1979 and 1980, not to exceed $18,000,000, for use in carrying out 
the purposes of this section. 
SEC. 742. COAL INDUSTRY PERFORMANCE AND COMPETITION STUDY. 
(a) STUDY.—The Secretary shall make a complete investigation of 42 USC 8452. 
the performance and competition of the coal industry. The study shall Interagency 
be an interagency effort under the direction of the Secretary and shall participants, 
include participation by— 
(1) the Federal Trade Commission, 
(2) the Department of Justice, 
(3) the Department of Energy, 
r4) the Federal Energy Eegulatory Commission, 
(5) the Department of the Interior, 
(6) the Department of Transportation, 
(7) the Department of Commerce, 
(8) the Department of Labor, 
(9) the Department of State, 
(10) the Department of the Treasury, 
(11) the Interstate Commerce Commission, 
(12) the Council on Wage and Price Stability, 
(13) the Tennessee Valley Authority, and 
(14) the Appalachian Regional Commission. 
(b) COVERAGE OF STUDY.—The study shall consider the following 
elements relating to competition: 
(1) interests in, or ownership or production of, coal reserves by 
firms which— 
(A) own or have an interest in commodity transportation 
systems by rail, water, or pipeline, 
(B) own or produce oil, natural gas, or uranium, or 
(C) use significant amounts of coal in their processes, 
including electrical generation and steelmaking, 
(2) prices, profitability, and levels of concentration in sales of 
various identifiable submarket structures in the coal industry, 
including the market for— 
,, 
(A) steam and metallurgical coal, 
,. ;^ 
(B) low-sulfur coal, 
(C) lignite, anthracite, bituminous and subbituminous coal, 
• 
(D) spot sales and long-term delivery contracts, and 
(E) exports, 
f 
3) overall profitability of coal operations, 
(4) capital requirements, sources and uses of funds, 
(5) vertical inte^ation of production, cleaning, processing, gas-
ification, liquefaction, transportation, marketing, distribution, 
combustion, and other phases of the coal fuel cycle, 
(6) the effect of interfuel ownership, vertical integration, and 
market concentration upon innovation, eJEciency, prices and 
profits, 
(7) costs of production, transportation, processing, and other 
comj)onents of coal prices for different regions and different types 
of mines, 
(8) responsiveness of coal supply to market demand, 
(9) productive capacity, 
(10) productivity, 
92 STAT. 3342 
PUBLIC LAW 95-620—NOV. 9, 1978 
Publication in 
Federal Register. 
Public 
availability. 
42 use 8453. 
(11) economies and diseconomies of scale, 
(12) distribution and flow of executive, managerial, and tech-
nical personnel between the various coal producers, 
(13) management and directorate interlocks, 
(14) relationships to financial institutions, 
(15) government-industry relationships, including lease bid-
ding, technology, research, development, demonstration and trans-
fer, and personnel movement, 
(16) joint ventures, consortia, and cross-ownership, 
(17^ identification of the major owners of coal industry stock, 
(18) control of patents and technologies, 
(19) barriers to greater competition in the market for coal, and 
(20) Federal income tax policies. 
(c) IMPACTS ON COAL-PRODUCING COUNTIES AND STATES.—The study 
shall evaluate the economic and social impacts upon coal-producing 
counties and States of present and prospective land ownership patterns 
and levels of income, property, severance and other taxes paid by coal 
producers. 
(d) EXPORT OP METALLURGICAL COAL.—^The study shall identify and 
evaluate national policies toward the export of metallurgical coal as 
they relate to— 
(1) national security, 
(2) national energy goals, 
(3) balance of payments, 
(4) comparative advantage in world trade, 
(5) materials policy, 
(6) United States and international reserves and resources, and 
(7) likely future metallurgical technologies. 
(e) REPORTS.— (1) Pursuant to the provisions of the preceding sub-
sections of this section, the Secretary shall submit to the President for 
transmittal to the Congress such interim reports as he deems advisable 
and, not later than 18 months after the effective date of this Act, a 
comprehensive and final report to the Congress containing the findings 
with respect to such study and investigation. Such report may include 
such legislative and administrative recommendations as the President 
deems advisable. 
(2) Before submitting a report to the Congress under paragraph 
(1), the President shall— 
(A) publish in the Federal Register a notice and summary of 
the proposed report and make copies of such report available 
and afford interested persons an opportunity (of not less than 
90 days' duration) to present written comments; and 
(B) make such modifications of such report as he may consider 
appropriate on the basis of such comments. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated to the Secretary for allocation between the Depart-
ment of Energy and the other agencies participating in the study 
under this section for the fiscal years 1979 and 1980, not to exceed 
$18,000,000 to carry out the provisions of this section. 
SEC. 743. IMPACT ON EMPLOYEES. 
(a) EVALUATION.—^The Secretary shall conduct continuing evalua-
tions of potential loss or shifts of employment which may result from 
any prohibition under this Act, including, if appropriate, investigat-
ing threatened plant closures or reductions in employment allegedly 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3343 
resulting from such prohibition. The results of such evaluations and 
each investigation shall promptly be made available to the public. 
(b) INVESTIGATION AND HEARINGS.—On a written request filed with 
the Secretary by or on behalf of any employee who is discharged or 
laid off, threatened with discharge or layoff, or otherwise discrimi-
nated against, by any person because of the alleged effects of any such 
prohibition, the Secretary shall investigate the matter and, at the 
request of any party, shall hold public hearings, after not less than 30 
days notice, at which the Secretary shall require the parties, including 
any employer involved, to present information on the actual or poten-
tial effect of such prohibition on employment and on any alleged 
employee discharge, layoff, or other discrimination relating to prohi-
bitions and the detailed reasons or justification therefor. A t the com-
pletion of such investigation, the Secretary shall make findings of fact 
as to the effect of such prohibition on employment and on the alleged 
employee discharge, layoff, or discrimination and shall make such 
recommendations as he deems appropriate. Such report, findings, and 
recommendations shall be available to the public. The Secretary of 
Labor shall participate in each such investigation. 
(c) RULE or CONSTRUCTION.—Nothing in this section shall be con-
strued to require or authorize the Secretary to modify or withdraw 
any prohibition under this Act. 
SEC. 744. STUDY OF COMPLIANCE PROBLEM OF SMALL ELECTRIC 
UTILITY SYSTEMS. 
(a) STUDY.—The Secretary shall conduct a study of the problems 
of compliance with this Act experienced by those electric utility sys-
tems which have a total system generating capacity of less than 2,000 
megawatts. The Secretary shall report his findings and his recommen-
dations to the Congress not later than 2 years after the effective date 
of this Act. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated to the Secretary for the fiscal year 1979 not to exceed 
$500,000 to carry out the provisions of this section. 
SEC. 745. EMISSIONS MONITORING. 
(a) 
MONITORING PROGRAM.—The Administrator of the Environ- 
42 USC 8451: 
mental Protection Agency shall conduct, on a continuing basis, a 
program of monitoring, to the greatest extent possible and in accord-
ance with the applicable authorities and provisions of the Clean Air 
Act, the emissions from new and existing electric powerplants and 
major fuel-burning installations required to use coal or other alternate 
fuels by reason of this Act or otherwise using coal or other alternate 
fuels and the effect thereof on the public health, safety, and welfare 
and the movement of such emissions in the atmosphere and their 
impact on land and water and other resources and the public health 
in various regions of the Nation. Such Administrator shall submit 
an annual report to the Congress on such program. In carrying out 
his responsibilities under this section, the' Administrator of the 
Environmental Protection Agency shall consult with the other Federal 
and State agencies concerned with the health effects of such emissions. 
(b) APPROPRIATIONS AUTHORIZATIONS.—There is authorized to be 
appropriated to the Administrator of the Environmental Protection 
Agency $2,000,000 in fiscal year 1979 for the report required under 
section 806. 
Public 
availability. 
Participation by 
Secretary of 
Labor. 
42 USC 8454. 
Report to 
Congress. 
42 USC 7401 
note. 
Annual report to 
Congress. 
Consultation. 
92 STAT. 3344 
PUBLIC LAW 95-620—NOV. 9, 1978 
SEC. 746. SOCIOECONOMIC IMPACTS OF INCREASED COAL PRODUC-
TION AND OTHER ENERGY DEVELOPMENT. 
42 use 8456. 
(a) COMMITTEE.—There is hereby established an interagency com-
mittee composed of the heads of the Departments of Energy, 
Commerce, Interior, Transportation, Housing and Urban Develop-
ment, and Health, Education, and Welfare, the Environmental 
Protection Agency, the Appalachian Regional Commission, the 
Farmers' Home Administration, the Office of Management and Bud-
get, and such other Federal agencies as the Secretary shall designate. 
In carrying out its functions the committee shall consult with the 
National Governors' Conference and interested persons, organizations, 
and entities. The chairman of the committee shall be designated by 
Termination. 
the President. The committee shall terminate 90 days after the sub-
mission of its report under subsection (c). 
(b) FUNCTIONS OF COMMITTEE.—It is the function of the committee 
to conduct a stud.y of the socioeconomic impacts of expanded coal 
production and rapid energy development in general, on States, 
including local communities, and on the public, including the ade-
quacy of hoiising and public, recreational, and cultural facilities for 
coal miners and their families and the effect of any Federal or State 
laws or regulations on providing such housing and facilities. The 
committee shall gather data and information on— 
(1) the level of assistance provided under this Act and any 
other programs related to impact assistance, 
(2) the timeliness of assistance in meeting impacts caused by 
Federal decisions on energy policy as Avell as private sector 
decisions, and 
(3) the obstacles to effective assistance contained in regulations 
of existing programs related to impact assistance. 
(c) REPORT.—Within 1 year after the effective date of this Act, the 
committee shall submit a detailed report on the results of such study 
to the Congress, together with any recommendations for additional 
legislation it may consider appropriate. 
SEC. 747. USE OF PETROLEUM AND NATURAL GAS IN COMBUSTORS. 
42 use 8457. 
The Secretary shall conduct a detailed study of the uses of petroleum 
and natural gas as a primary energy source for combustors and 
installations not subject to the prohibitions of this Act. In conducting 
such study, the Secretary shall— 
(1) identify those categories of major fuel-burning installa-
tions in which the substitution of coal or other alternate fuels for 
petroleum and natural gas is economically and technically feas-
ible, and 
(2) determine the estimated savings of natural gas and 
petroleum expected from such substitution. 
Report to 
Within 1 year after the effective date of this Act, the Secretary shall 
Congress. 
submit a detailed report on the results of such study to the Congress, 
togetl^er with any recommendations for legislation he may consider 
appropriate. 
Subtitle F—Appropriations Authorization 
SEC. 751. AUTHORIZATION OF APPROPRIATIONS. 
42 use 8461. 
There is authorized to be appropriated to the Secretary for fiscal 
year 1979 $11,900,000, to carry out the provisions of this Act (other 
than provisions for which an appropriations authorization is other-
wise expressly provided in this Act) and section 2 of the Energy 
15 use 792. 
Supply and Environmental Coordination Act of 1974. 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3345 
Subtitle G—Coordination with other 
Provisions of Law 
SEC. 761. EFFECT ON ENVIRONMENTAL REQUIREMENTS. 
(a) 
COMPLIANCE W I T H 
APPLICABLE ENVIRONMENTAL REQUIRE- 42 USC 8471. 
MENTS.—Except as provided in section 404, nothing in this Act shall be '^"'^e, p. 3319. 
construed as permitting any existing or new electric powerplant or 
major fuel-burning installation to delay or avoid compliance with 
applicable environmental requirements. 
(b) 
LOCAL ENVIRONMENTAL REQUIREMENTS.—In the case of any 
new or existing facility— 
(1) which is subject to any prohibition under this Act, and 
(2) which is also subject to any requirement of any local 
environmental requirement which may be stricter than any Fed-
eral or State environmental requirement, 
the existence of such local requirement shall not be construed to 
affect the validity or applicability of such prohibition to such facility, 
except to the extent provided under section 212(b) or section 312(b) ; Ante, pp. 3300, 
and the existence of such prohibition shall not be construed to pre- 3309. 
empt such local requirement with respect to that facility. 
SEC. 762. EFFECT OF ORDERS UNDER SECTION 2 OF ESECA; AMEND-
MENTS TO ESECA. 
(a) EFFECT OF CONSTRUCTION ORDERS.—Any electric powerplant or 
42 USC 8472. 
major fuel-burning installation issued an order pursuant to section 
2(c) of the E n e r ^ Supply and Environmental Coordination Act of 
1974 that is pending on the effective date of this Act shall, notwith- 15 USC 792. 
standing the provisions of such section 2(c) or any other provision 
of this Act, be subject to the provisions of this Act 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 title I I of this Act shall not apply to such power- Ante, p. 3298. 
plant or installation. 
(b) EFFECT OF PROHIBITION ORDERS.—The provisions of titles I I 
and I I I shall not apply to any powerplant or installation for which Ante, pp. 3298, 
an order issued pursuant to section 2(a) of the Energy Supply and ^^Q^-
Environmental Coordination Act of 1974 before the effective date of 15 USC 792. 
this Act 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 2(a) which is pending on the effective date 
of this Act may elect to be covered by title I I or I I I (as the case may 
be) rather than such section 2. Such an election shall be irrevocable 
and shall be made in such form and manner as the Secretary shall, 
within 90 days after the date of the enactment of this Act, 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 Act 
shall not affect the validity of any order issued under subsection ( a ) , 
or any final order under subsection (c), of section 2 of the Energy 
Supply and Environmental Coordination Act of 1974, and the author-
ity of the Secretary to amend, repeal, rescind, modify, or enforce any 
such order, or rules applicable thereto, shall remain in effect not-
withstanding any limitation of time otherwise applicable to such 
92 STAT. 3346 
PUBLIC LAW 95-620—NOV. 9, 1978 
authority. Except as provided in this section, the authority of the 
15 use 792. 
Secretai-y under section 2 of such Act Shall terminate on the effective 
date of this Act. 
(d) AMENDMENTS TO E S E C A . — (1) Section 11(g) of the Energy 
15 use 796. 
Supply and Environmental Coordination Act of 1974 is amended— 
(1) by striking out paragraph (2), and 
(2) in paragraph (1), by striking out "(g) (1)" and inserting 
in lieu thereof "(g)". 
SEC. 763. ENVIRONMENTAL IMPACT STATEMENTS UNDER NEPA. 
42 use 8473. 
The following actions are not deemed to be major Federal actions 
for purposes of section 102(2) (C) of the National Environmental 
42 use 4332. 
Policy Act of 1969: 
(1) the grant or denial of any temporary exemption under 
this Act for any electric powerplant or major fuel-burning 
installation; 
(2) the grant or denial of any permanent exemption under 
this Act for any existing electric powerplant or major fuel-burn-
ing installation, other than an exemption— 
Ante, p. S309. 
(A) under section 312(c), relating to cogeneration; 
(B) under section 312(1), relating to scheduled equipment 
outages; 
(C) under section 312(b), relating to certain State or local 
requirements; 
(D) under section 312(g), relating to certain intermediate 
load powerplants; and 
(3) the grant or denial of any exemption under this Act for 
any powerplant or major fuel-burning installation for which 
the Secretary finds, in consultation with the appropriate Federal 
agency, and publishes such finding that an environmental impact 
statement is required in connection with another Federal action 
and such statement will be prepared by such agency and will 
reflect the exemption adequately. 
Except as provided in the preceding provisions of this section, any 
determination of what constitutes or does not constitute a major Fed-
eral action shall be made under section 102 of the National Environ-
42 use 4332. 
mental Policy Act of 1969. 
TITLE VIII—MISCELLANEOUS 
PROVISIONS 
42 use 8481. 
SEC. 801. COAL RESERVES DISCLOSURE. 
(a) DISCLOSURE.—^Within 2 years after the effective date of this Act, 
and annually thereafter, the Secretary shall require the disclosure, 
pursuant to section 11 of the Energy Supply and Environmental 
15 use 796. 
Coordination Act of 1974, of the extent, characteristics, and productive 
capacity of coal reserves, or interest therein, within the United States 
held by any person or governmental entity, as necessary, and shall 
publish a summary of such information. 
Publication in 
(b) EXEMPTION F
O
R SMALL RESERVKS.—The Secretary may exempt 
Federal Register, small reserves from the requirements of this section if the Secretary 
finds that the imposition of the requirements of this section would 
impose an unreasonable economic burden on such person (or entity) 
or would not be of significant aid to achievement of the purposes of 
this Act, and publishes such findings in the Federal Register. 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3347 
SEC. 802. COAL PREPARATION FACILITIES. 
Section 102(c)(4) of the Energy Policy and Conservation Act is 
amended by adding at the end thereof (42 U.S.C. 6211 (c) (4)) the fol-
lowing new sentence: "Such term also includes construction of a coal 
preparation plant which is designed to reduce the sulfur content of 
coal produced from any coal mine.". 
SEC. 803. RAILROAD REHABILITATION FOR CARRIAGE OF COAL. 
(a) STATEMENT OF PURPOSE.—It is the purpose of this section to 45 USC 822 
facilitate and encourage the use of and conversion to coal as an ener<iy ""*^-
resource in regions and States which can use coal in greater quantity 
as a substitute for imported petroleum. 
(b) AUTHORIZATION.—There is authorized to be appropriated, for 
deposit in the Railroad Rehabilitation and Improvement Fund estab-
lished under section 502 of the Railroad Revitalization and Regula-
tory Reform Act of 1976 (45 U.S.C. 822), not more than $100,000,000. 
The money appropriated to the Railroad Rehabilitation and Improve-
ment Fund pursuant to this subsection shall be expended by the Sec-
retary of Transportation, in the same manner as other money in such 
Fund, to provide financial assistance to railroads for maintenance, 
rehabilitation, improvement, and acquisition of equipment and facil-
ities which will be used for the rail transportaton of coal to regions 
or States which can use coal in greater quantities (whether or not such 
equipment or facilities were designed specifically for such purpose). 
(c) CONFORMING AMENDMENTS.— (1) Section 501(2) of the Rail-
road Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
821(2)) is amended by inserting "(except as provided in section 803 
(a) and (b) of the Powerplant and Industrial Fuel Use Act of 1978)" 
immediately after "or other features". 
(2) Section 502(b) of such Act (45 U.S.C. 822(b)) is amended by 
inserting at the end thereof the following: "Money appropriated to 
the Fund under section 803 (a) and (b) of the Powerplant and 
Industrial Fuel Use Act of 1978 shall be used to provide financial 
assistance to railroads for maintenance, rehabilitation, improvement, 
and acquisition of equipment and facilities which will be used for the 
rail transportation of coal to regions or States which can use coal in 
greater quantities as a substitute for imported petroleum.". 
(3) Section 502(f) of such Act (45 U.S.C. 822(f) is amended— 
(A) by striking out "and" at the end of paragraph (5) thereof; 
(B) by inserting between paragraphs (5) and (6) the follow-
ing new paragraph: 
"(6) funds as may hereafter be appropriated to the Fund as 
authorized under section 803(a) and (b) of the Powerplant and 
Industrial Fuel Use Act of 1978; and"; and 
(C) by redesignating paragraph (6) as paragraph (7). 
(4) Section 502(i) of such Act (45 U.S.C. 822(i)) is amended— 
(A) by striking out "and" at the end of paragraph (4) thereof; 
(B) by striking out "Treasury." at the end of paragraph (5) 
and inserting in lieu thereof "Treasury, and"; and 
(C) by adding at the end thereof the following new paragraph: 
"(6) to carry out the purposes of section 803 (a) and (b) of the 
Powerplant and Industrial Fuel Use Act of 1978". 
(5) Section 505(b) ^2) of such Act (45 U.S.C. 825) is amended by 
inserting between the fourth and fifth sentences thereof the following 
new sentence: "With respect to funds appropriated for financial 
assistance under this section which were authorized pursuant to section 
92 STAT. 3348 
PUBLIC LAW 95-620—NOV. 9, 1978 
803 (a) and (b) of the Powerplant and Industrial Fuel Use Act of 
1978, applications for such funds for the purpose of coal transporta-
tion shall be deemed to be for the provision of essential freight 
services.". 
(6) Section 505(d) (3) of such Act (45 U.S.C. 825) is amended— 
(A) by striking out in the first sentence "$600,000,000" and 
inserting in lieu thereof "$700,000,000", and 
(B) by striking out in the second sentence "$100,000,000" and 
inserting in lieu thereof "$150,000,000". 
SEC. 804. OFFICE OF RAIL PUBLIC COUNSEL. 
49 use 26b. 
Section 27 of the Interstate Commerce Act is amended— 
(1) by striking out "and" at the end of paragraph (4) (d), 
(2) by striking out the period at the end of paragraph (4) (e) 
and inserting in lieu thereof "and", and 
(3) by inserting after paragraph (4) (e) the following: 
"(f) shall present the views of users, as well as the views of the gen-
eral public and affected communities, and, where appropriate, provi-
ders of rail services in proceedings of Federal agencies concerning— 
"(1) the impact of energy proposals and actions on rail trans-
portation, and 
"(2) whether transportation policies are consistent with 
National energy policies.". 
SEC. 805. RETROACTIVE APPLICATION OF CERTAIN REMEDIAL ORDERS. 
(a) GENERAL RULE.—Section 503 of the Department of Energy 
Organization Act (42 U.S.C. 7193) is amended by adding at the end 
thereof the following new subsection; 
"(g) With respect to any person whose sole petroleum industry oper-
ation relates to the marketing of petroleum products, the Secretary 
or any person acting on his behalf may not exercise discretion to main-
tain a civil action (other than an action for injunctive relief) or 
issue a remedial order against such person for any violation of any rule 
or regulation if— 
" (1) such civil action or order is based on a retroactive applica-
tion of such rule or regulation or is based upon a retroactive inter-
pretation of such rule or regulation; and 
" (2) such person relied in good faith upon rules, regulations, or 
ruling in effect on the date of the violation interpreting such rules 
or regulations.". 
(b) TECHNICAL CONFORMING AMENDMENTS.—In subsections (e) and 
(f) of such section 503, insert "preceding provisions of" before "this 
section". 
SEC. 806. ANNUAL REPORT. 
42 use 8482. 
The Secretary shall submit to the Congress on March 1 of each year 
a detailed report prepared by hin> in conjunction with the Adminis-
trator of the Environmental Protection Agency of the actions taken 
under this Act ajid under section 2 of the Energy Supply and Envi-
15 use 792. 
ronmental Coordination Act of 1974 during the preceding calendar 
year, and the actions to be taken. Each such report shall include data 
on the effectiveness of this Act in achieving the purposes of this Act. 
SEC. 807. SUBMISSION OF REPORTS. 
42 use 8483. 
Copies of any report required by this Act to be submitted to the 
Congress shall be separately submitted to the Committee on Interstate 
and Foreign Commerce of the House of Kepresentatives and the Com-
mittee on Energy and Natural Resources of the Senate. 
PUBLIC LAW 95-620—NOV. 9, 1978 
92 STAT. 3349 
TITLE IX—EFFECTIVE DATES 
SEC. 901. EFFECTIVE DATES. 
Unless otherwise provided in this Act, the provisions of this Act 
shall take effect 180 days after the date of the enactment of this Act, 
except that the Secretary may issue rules pursuant to such provisions 
at any time after such date of enactment, which rules may take effect 
no earlier than 180 days after such date of enactment. 
SEC. 902. INTERIM PETITION AND CONSIDERATION FOR CERTAIN 
EXEMPTIONS. 
(a) EXEMPTIONS IN THE CASE OF CERTAIN POWERPLANTS.—In the case 
of— 
(1) any electric powerplant which, as of April 20, 1977, has 
received a final decision from the appropriate State agency author-
izing the construction of such powerplant, and 
(2) any electric powerplant (A) consisting of one or more 
combined cycle units owned or operated by an electric utility 
which serves at least 2,000,000 customers and (B) for which an 
application has been filed for at least one year before the 
date of the enactment of this Act with the appropriate State 
agency for authorization to construct such powerplant, 
the Secretary may receive, consider, and grant (or deny) any petition 
for an exemption under title II or III, notwithstanding section 901 or 
the fact that all rules related to such petition have not been prescribed 
at the time. 
(b) EXEMPTIONS UNDER SECTION 211(d).—The Secretary may 
receive, consider, and grant (or deny) any petition for any exemption 
under section 211(d), notwithstanding section 901 or the fact that all 
rules related to such petition have not oeen prescribed at the time. 
Approved November 9, 1978. 
42 u s e 8301 
note. 
42 u s e 8301 
note. 
Ante, pp. 
3305. 
3298, 
Ante, p. 3299. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-433 (Comm. on Ways and Means), No. 95-543, Vols. I and 
II accompanying H.R. 8444 (ad hoc eomm. on Energy), and No. 
95-1749 (Comm. of Conference). 
SENATE REPORT No. 95-988 (Comm. of Conference). 
CONGRESSIONAL RECORD: 
Vol. 123 (1977): July 18, considered and passed House. 
Sept. 8, considered and passed Senate, amended. 
Oct. 13, House agreed to certain Senate amendments; insisted 
on House amendment to Senate amendment No. 6. 
Vol. 124 (1978): July 14, 17, 18, Senate agreed to conference report. 
Oct. 15, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 14, No. 45 (1978): Nov. 9, Presidential statement. 
O