An act to provide for a research, development, and demonstration program to achieve early technology applications for ocean thermal energy conversion systems, and for other purposes.
PL 96-310 (H.R.7474), enacted 07/17/1980

PUBLIC LAW 96-310—JULY 17, 1980 
94 STAT. 941 
Public Law 96-310 
96th Congress 
An Act 
To provide for a research, development, and demonstration program to achieve 
early technology applications for ocean thermal energy conversion systems, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may be 
cited as the "Ocean Thermal Energy Conversion Research, Develop-
ment, and Demonstration Act". 
FINDINGS AND PURPOSES 
SEC. 2. (a) The Congress finds that— 
(1) the supply of nonrenewable fuels in the United States is 
slowly being depleted; 
(2) alternative sources of energy must be developed; 
(3) ocean thermal energy is a renewable energy resource that 
can make a significant contribution to the energy needs of the 
United States; 
(4) the technology base for ocean thermal energy conversion 
has improved over the past two years, and has consequently 
lowered the technical risk involved in constructing moderate-
sized pilot plants with an electrical generating capacity of about 
ten to forty megawatts; 
(5) while the Federal ocean thermal energy conversion pro-
gram has grown in size and scope over the past several years, it is 
in the national interest to accelerate efforts to commercialize 
ocean thermal energy conversion by building pilot and demon-
stration facilities and to begin planning for the commercial 
demonstration of ocean thermal energy conversion technology; 
(6) a strong and innovative domestic industry committed to the 
commercialization of ocean thermal energy conversion must be 
established, and many competent domestic industrial groups are 
already involved in ocean thermal energy conversion research 
and development activity; and 
(7) consistent with the findings of the Domestic Policy Review 
on Solar Energy, ocean thermal energy conversion energy can 
potentially contribute at least one-tenth of quad of energy per 
year by the year 2000. 
(b) Therefore, the purpose of this Act is to accelerate ocean thermal 
energy conversion technology development to provide a technical 
base for meeting the following goals: 
(1) demonstration by 1986 of at least one hundred megawatts of 
electrical capacity or energy product equivalent from ocean 
thermal energy conversion systems; 
(2) demonstration by 1989 of at least five hundred megawatts of 
electrical capacity or energy product equivalent from ocean 
thermal energy conversion systems; 
(3) achievement in the mid-1990's, for the gulf coast region of 
the continental United States and for islands in the United 
July 17, 1980 
[H.R. 7474] 
Ocean Thermal 
Energy 
Conversion 
Research, 
Development, 
and 
Demonstration 
Act. 
42 u s e 9001 
note. 
42 u s e 9001. 
94 STAT. 942 
PUBLIC LAW 96-310—JULY 17, 1980 
States, its possessions and its territories, an average cost of 
electricity or energy product equivalent produced by installed 
ocean thermal energy conversion systems that is competitive 
with conventional energy sources; and 
(4) establish as a national goal ten thousand megawatts of 
electrical capacity or energy product equivalent from ocean 
thermal energy conversion systems by the year 1999. 
42 u s e 9002. 
Consultation. 
Transmittal to 
congressional 
committees. 
Modifications, 
transmittal to 
Congress. 
COMPREHENSIVE PROGRAM MANAGEMENT PLAN 
SEC. 3. (a)(1) The Secretary is authorized and directed to prepare a 
comprehensive program management plan for the conduct under this 
Act of research, development, and demonstration activities consist-
ent with the provisions of sections 4,5, and 6. 
(2) In the preparation of such plan, the Secretary shall consult with 
the Administrator of the National Oceanic and Atmospheric Admin-
istration, the Administrator of the Maritime Administration, the 
Administrator of the National Aeronautics and Space Administra-
tion, and the heads of such other Federal agencies and such public 
and private organizations as he deems appropriate. 
(b) The Secretary shall transmit the comprehensive program man-
agement plan to the Committee on Science and Technology of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate within nine months after the date of the 
enactment of this Act. 
(c) The detailed description of the comprehensive plan under this 
section shall include, but need not be limited to— 
(1) the anticipated research, development, and demonstration 
objectives to be achieved by the program; 
(2) the program strategies and technology application and 
market development plans, including detailed milestone goals to 
be achieved during the next fiscal year for all major activities 
and projects; 
(3) a five-year implementation schedule for program elements 
with associated budget and program management resources 
requirements; 
(4) a detailed description of the functional organization of the 
program management including identification of permanent test 
facilities and of a lead center responsible for technology support 
and project management; 
(5) the estimated relative financial contributions of the Federal 
Government and non-Federal participants in the pilot and dem-
onstration projects; 
(6) supporting research needed to solve problems which may 
inhibit or limit development of ocean thermal energy conversion 
systems; and 
(7) an analysis of the environmental, economic, and societal 
impacts of ocean thermal energy conversion facilities. 
(d)(1) Concurrently with the submission of the President's annual 
budget for each subsequent year, the Secretary shall transmit to the 
Congress a detailed description of modifications which may be neces-
sary to revise appropriately the comprehensive plan as then in effect, 
setting forth any changes in circumstances which may have occurred 
since the plan or the last previous modification thereof was transmit-
ted in accordance with this section. 
(2) Such description shall also include a detailed justification of any 
such changes, a detailed description of the progress made toward 
achieving the goals of this Act, a statement on the status of inter-
PUBLIC LAW 96-310—JULY 17, 1980 
94 STAT. 943 
agency cooperation in meeting such goals, any comments on and 
recommendations for improvements in the comprehensive program 
management plan made by the Technical Panel established under 
section 8, and any legislative or other recommendations which the 
Secretary may have to help attain such goals. 
RESEARCH AND DEVELOPMENT 
SEC. 4. (a) The Secretary shall initiate research or accelerate 42 use 9003. 
existing research in areas in which the lack of knowledge limits 
development of ocean thermal energy conversion systems in order to 
achieve the purposes of this Act. 
(b) The Secretary shall conduct evaluations, arrange for tests, and 
disseminate to developers information, data, and materials necessary 
to support the design efforts undertaken pursuant to section 5, 
Specific technical areas to be addressed shall include, but not be 
limited to— 
(1) interface requirements between the platform and cold 
water pipe; 
(2) cold water pipe deployment techniques; 
(3) heat exchangers; 
(4) control system simulation; 
(5) stationkeeping requirements; and 
(6) energy delivery systems, such as electric cable or energy 
product transport. 
(c) The Secretary shall, for the purpose of performing his 
reponsibilities pursuant to this Act, solicit proposals and evaluate 
any reasonable new or improved technology, a description of which is 
submitted to the Secretary in writing, which could lead or contribute 
to the development of ocean thermal energy conversion system 
technology. 
PILOT AND DEMONSTRATION PLANTS 
SEC. 5. (a) The Secretary is authorized to initiate a program to 42 USC 9004. 
design, construct, and operate well instrumented ocean thermal 
energy conversion facilities of sufficient size to demonstrate the 
technical feasibility and potential economic feasibility of utilizing the 
various forms of ocean thermal energy conversion to displace non-
renewable fuels. To achieve the goals of this section and to facilitate 
development of a strong industrial basis for the application of ocean 
thermal energy conversion system technology, at least two independ-
ent parallel demonstration projects shall be competitively selected. 
(b) The specific goals of the demonstration program shall include at 
a minimum— 
(1) the demonstration of ocean thermal energy conversion 
technical feasibility through multiple pilot and demonstration 
plants with a combined capacity of at least one hundred 
megawatts of electrical capacity or energy product equivalent by 
the year 1986; 
(2) the delivery of baseload electricity to utilities located on 
land or the production of commercially attractive quantities of 
energy product; and 
(3) the continuous operation of each pilot and demonstration 
facility for a sufficient period of time to collect and analyze 
system performance and reliability data. 
(c) In providing any financial assistance under this section, the 
Secretary shall (1) give full consideration to those projects which will 
79-194 
O—81—pt. 1 
63 : QL3 
94 STAT. 944 
PUBLIC LAW 96-310—JULY 17, 1980 
provide energy to United States offshore States, its territories, and its 
possessions and (2) seek satisfactory cost-sharing arrangements when 
he deems such arrangements to be appropriate. 
Consultation. 
42 u s e 9005. 
Transmittal to 
Congress. 
TECHNOLOGY APPLICATION 
SEC. 6 (a) The Secretary shall, in consultation with the Administra-
tor of the National Oceanic and Atmospheric Administration, the 
Administrator of the Maritime Administration, the Administrator of 
the National Aeronautics and Space Administration, and the Techni-
cal Panel established under section 8, prepare a comprehensive 
technology application and market development plan that will 
permit realization of the ten-thousand-megawatt national goal by the 
year 1999. Such plans shall include at a minimum— 
(1) an assessment of those Government actions required to 
achieve a two-hundred- to four-hundred-megawatt electrical-
commercial demonstration of ocean thermal energy conversion 
systems in time to have industry meet the goal contained in 
section 2(b)(2) including a listing of those financial, property, and 
patent right packages most likely to lead to early commercial 
demonstration at minimum cost to the Federal Government; 
(2) an assessment of further Government actions required to 
permit expansion of the domestic ocean thermal energy conver-
sion industry to meet the goal contained in section 2(b)(3); 
(3) an analysis of further Government actions necessary to aid 
the industry in minimizing and removing any legal and institu-
tional barriers such as the designation of a lead agency; and 
(4) an assessment of the necessary Government actions to 
assist in eliminating economic uncertainties through financial 
incentives, such as loan guarantees, price supports, or other 
inducements. 
(b) The Secretary shall transmit such comprehensive technology 
application and market development plan to the Congress within 
three years after the date of enactment of this Act, and update the 
plan on an annual basis thereafter. 
(c) As part of the competitive procurement initiative for design and 
construction of the pilot and demonstration projects authorized in 
section 10(c), each respondent shall include in its proposal (1) a plan 
leading to a full-scale, first-of-a-kind facility based on a proposed 
demonstration system; and (2) the financial and other contributions 
the respondent will make toward meeting the national goals. 
PROGRAM SELECTION CRITERIA 
42 use 9006. 
SEC. 7. The Secretary shall, in fulfilling his responsibilities under 
this Act, select program activities and set priorities which are 
consistent with the following criteria: 
(1) realization of energy production costs for ocean thermal 
energy conversion systems that are competitive with costs from 
conventional energy production systems; 
(2) encouragement of projects for which contributions to proj-
ect costs are forthcoming from private, industrial, utility, or 
governmental entities for the purpose of sharing with the Feder-
al Government the costs of purchasing and installing ocean 
thermal energy conversion systems; 
(3) promotion of ocean thermal energy conversion facilities for 
coastal areas, islands, and isolated military institutions which 
are vulnerable to interruption in the fossil fuel supply; 
PUBLIC LAW 96-310—JULY 17, 1980 
94 STAT. 945 
(4) preference for and priority to persons and domestic firms 
whose base of operations is in the United States as will assure 
that the program under this Act promotes the development of a 
United States domestic technology for ocean thermal energy 
conversion; and 
(5) preference for proposals for pilot and demonstration proj-
ects in which the respondents certify their intent to become an 
integral part of the industrial infrastructure necessary to meet 
the goals of 
this Act. 
Review and 
recommendations. 
TECHNICAL PANEL 
SEC. 8. (a) A Technical Panel of the Energy Research Advisory 42 use 9007. 
Board shall be established to advise the Board on the conduct of the 
ocean thermal energy conversion program. 
(b)(1) The Technical Panel shall be comprised of such representa- Membership. 
tives from domestic industry, universities, Government laboratories, 
financial, environmental and other organizations as the Chairman of 
the Energy Research Advisory Board deems appropriate based on his 
assessment of the technical and other qualifications of such repre-
sentative. 
(2) Members of the Technical Panel need not be members of 
the full 
Energy Research Advisory Board. 
(c) The activities of the Technical Panel shall be in compliance with 
any laws and regulations guiding the activities of technical and fact-
finding groups reporting to the Energy Research Advisory Board. 
(d) TTie Technical Panel shall review and may make recommenda-
tions on the following items, among others: 
(1) implementation and conduct of 
the programs established by 
this Act; 
(2) definition of ocean thermal energy conversion system 
performance requirements for various user applications; and 
(3) economic, technological, and environmental consequences 
of the deployment of ocean thermal energy conversion systems. 
(e) The Technical Panel shall submit to the Energy Research 
Advisory Board on at least an annual basis a written report of its 
findings and recommendations with regard to the program. Such 
report, shall include at a minimum— 
(1) a summary of the Panel's activities for the preceding year; 
(2) an assessment and evaluation of the status of the programs 
mandated by this Act; and 
(3) comments on and recommendations for improvements in 
the comprehensive program management plan required under 
section 3. 
(f) After consideration of the Technical Panel report, the Energy Submittal to 
Research Advisory Board shall submit such report, together with any Secretary. 
comments such Board deems appropriate, to the Secretary. 
(g) The heads of the departments, agencies, and instrumentalities Cooperation by 
of the executive branch of the Federal Government shall cooperate ^s^ncy heads. 
with the Technical Panel in carrying out the requirements of this 
section and shall furnish to the Technical Panel such information as 
the Technical Panel deems necessary to carry out this section, 
(h) The Secretary shall provide sufficient staff, funds, and other 
support as necessary to enable the Technical Panel to carry out the 
functions described in this section. 
Report, 
submittal to 
Board. 
94 STAT. 946 
PUBLIC LAW 96-310—JULY 17, 1980 
DEFINITIONS 
4
2 use 9008. 
SEC. 9. As used in this Act, the term— 
(1) "ocean thermal energy conversion" means a method of 
converting part of the heat from the Sun which is stored in the 
surface layers of a body of water into electrical energy or energy 
product equivalent; 
(2) "energy product equivalent" means an energy carrier 
including, but not limited to, ammonia, hydrogen, or molten salts 
or an energy-intensive commodity, including, but not limited to, 
electrometals, fresh water, or nutrients for aquaculture; and 
(3) "Secretary" means the Secretary of Energy. 
AUTHORIZATION FOR APPROPRIATION 
4
2 use 9009. 
SEC. 10, (a) There is hereby authorized to be appropriated to carry 
out the purposes of this Act the sum of $20,000,000 for operating 
expenses for the fiscal year ending September 30,1981, in addition to 
any amounts authorized to be appropriated in the fiscal year 1981 
42 use 7270. 
Authorization Act pursuant to section 660 of Public Law 95-91. 
(Jb) There is hereby authorized to be appropriated to carry out the 
purposes of this Act the sum of $60,000,000 for operating expenses for 
the 
fiscal 
year ending September 30,1982. 
(c) Funds are hereby authorized to be appropriated for fiscal year 
1981 to carry out the purposes of section 5 of this Act for plant and 
capital equipment as follows: 
Project 81-ES-l, ocean thermal energy conversion demostration 
plants with a combined capacity of at least one hundred megawatts 
electrical or the energy product equivalent, sites to be determined, 
conceptual and preliminary design activities only $5,000,000. 
(d) Funds are hereby authorized to be appropriated for fiscal year 
1982 to carry out the purposes of section 5 of this Act for plant and 
capital equipment as follows: 
Project 81-ES-l, ocean thermal energy conversion demonstration 
plants with a combined capacity of at least one hundred megawatts 
electrical or the energy product equivalent, sites to be determined, 
conceptual and preliminary design activities only $25,000,000. 
Approved July 17,1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1092 (eomm. on Science and Technology). 
SENATE REPORT No. 96-501 accompanying S. 1830 (Comm. on Energy and Natural 
RGSOUFCGS) 
CONGRESSIONAL RECORD.'Vol. 126 (1980): 
Jan. 25, S. 1830 considered and passed Senate. 
June 16, 17, H.R. 7474 considered and passed House. 
June 28, considered and passed Senate, amended. 
July 2, House concurred in Senate amendment to the title and concurred in 
Senate amendment to the text with an amendment; Senate concurred 
in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 29: 
July 18, Presidential statement.