80 



(2) (A) Before issuing an order under subsection 

 (a) of this section wliich is applicable to a power- 

 plant or installation for a period ending on or 

 before June 30, 1975, the Federal Energy Admin- 

 istrator (1) shall give notice to the public and 

 afford interested persons an opportunity for writ- 

 ten presentations of data, views, and arguments, 

 (11) shall consult with the Administrator of the 

 Environmental Protection Agency, and (ill) shall 

 take into account the likelihood that the power- 

 plant or installation will be permitted to bum 

 coal after June 30, 1975. 



(B) An order described in subparagraph (A) 

 of this paragraph shall not become effective until 

 the date which the Administrator of the Environ- 

 mental Protection Agency certifies pursuant to 

 section 1857c-10(d)(l)(A) of Title 42 Is the 

 earliest date that such plant or Installation will 

 be able to comply with the air pollution require- 

 ments which will be applicable to It. Such order 

 shall not be effective for any period certified by 

 the Administrator of the Environmental Protec- 

 tion Agency pursuant to section 1857c-10(d) (3) 

 (B) of Title 42. 



(3) (A) Before issuing an order under subsec- 

 tion (a) of this section which is applicable to a 

 powerplant or installation after June 30, 1975 for 

 modifying an order to which paragraph (2) 

 applies, so as to apply such order to a powerplant 

 or Installation after such date), the Federal 

 Energy Administrator shall give notice to the pub- 

 lic and afford interested persons an opportunity 

 for oral and written presentations of data, views, 

 and arguments. 



(B) An order (or modification thereof) de- 

 scribed In subparagraph (A) of this paragraph 

 shall not become effective until (i) the Adminis- 

 trator of the Environmental Protection Agency 

 notifies the Federal Energy Administrator under 

 section 1857c-10(d) (1) (B) of Title 42 that such 

 plant or installation will be able on and after July 

 1, 1975, to burn coal and to comply with all appli- 

 cable air pollution requirements without a compli- 

 ance date extension under section 1857c-10(c) of 

 Title 42, or (ii) if such notification is not given, 

 the date which the Administrator of the Environ- 

 mental Protection Agency certifies pursuant to 

 section 1857c-10(d)(l)(B) of Title 42 is the 

 earliest date that such plant or installation will be 

 able to comply with all applicable requirements of 

 such 1857C-10 of Title 42. Such order (or modi- 

 fication) shall not be effective during any period 

 certified by the Administrator of the Environ- 

 mental Protection Agency under section 1857c-10 

 (d)(3)(B) of Title 42. 



(c) Construction and design of powerplants or other 

 major fuel burning installations. 

 The Federal Energy Administrator may require 

 that any powerplant or other major fuel burning 

 installation in the early planning process (other 

 than a combustion gas turbine or combined cycle 

 unit) be designed and constructed so as to be cap- 

 able of using coal as its primary energy source. No 

 powerplant or other major fuel burning installa- 



tion may be required under this subsection to be so 

 designed and constructed, if the Administrator de- 

 termines that ( 1 > in the case of a powerplant to do so 

 is likely to result in an Impairment of reliability or 

 adequacy of service, or '2) an adequate and reliable 

 supply of coal is not expected to be available. In con- 

 sidering whether to impose a design and construction 

 requirement under this subsection, the Federal 

 Energy Administrator shall consider the existence 

 and effects of any contractual commitment for the 

 construction of such facilities and the capability of 

 the owner to recover any capital investment made 

 as a result of any requirement Imposed under this 

 subsection. 



(d) Allocation of coal. 



The Federal Energy Administrator may, by rule or 

 order, allocate coal (1) to any powerplant or major 

 fuel-burning Installation to which an order under 

 subsection (a) of this section has been Issued, or (2) 

 to any other person to the extent necessary to carry 

 out the purposes of this chapter. 



(e) Definitions. 



For purposes of this section : 



(1) The term "powerplant" means a fossil-fuel 

 fired electric generating unit which produces elec- 

 tric power for purposes of sale or exchange. 



(2) The term "coal" includes coal derivatives. 



(f) Expiration of authority; effective dates. 



(1) Authority to issue orders or rules under sub- 

 sections (a) through (d) of this section shall expire 

 at midnight, June 30, 1977. Such a rule or order may 

 take effect at any time before January 1, 1985. 



(2) Authority to amend, repeal, rescind, modify, 

 or enforce such rules or orders shall expire at mid- 

 night, Decemt>er 31, 1984; but the expiration of such 

 authority shall not affect any administrative or ju- 

 dicial proceeding which relates to any act or omis- 

 sion which occurred prior to January 1, 1985. (Pub. 

 L. 93-319, i 2, June 22, 1974, 88 Stat. 246, amended 

 Pub. L. 94-163, title I, § 101, Dec. 22, 1975, 89 Stat. 



875.) 



Amendments 



1975— Subsec. (a). Pub. L. 94-163. § 101(b) authorized 

 the Administrator to prohibit any powerplant or other 

 fuel burning Installation from burning natural gas or 

 petroleum products as Its primary energy source If such 

 powerplant or other Installation Is required to meet a 

 design or construction requirement under subsec. (cj of 

 this section. 



Subsec. (c). Pub. L. 94-163, § 101(c), Inserted "or other 

 major fuel burning Installation" after "powerplant" 

 wherever It appears and Inserted "In the case of a power- 

 plant" after "If the Administrator determines that (1)". 



Subsec. (f) (1). Pub. L. 94-163, § 101 (a) (1) , substituted 

 "June 30, 1977" for "June 30, 1975" and "January 1, 1985" 

 for "January 1, 1979". 



Subsec. (f)(2). Pub. L. 94-163, § 101(a)(2), substi- 

 tuted "December 31, 1984" for "December 31, 1978" and 

 "January 1, 1985" for "January 1, 1979". 



§ 793. Protection of public health and environment, 

 (a) Distribution of low sulfur fuel. 



Any allocation program provided for in section 

 792 of this title or in the Emergency Petroleum Allo- 

 cation Act of 1973, shall, to the maximum extent 

 practicable, include measures to assure that avail- 



