503.31—Lack of alternate fuel supply for the first 10 years of useful life.
(a) Eligibility.
Section 212(a)(1)(A)(i) of the Act provides for a permanent exemption due to lack of an adequate and reliable supply of alternate fuel within the first 10 years of useful life of the proposed unit. To qualify, a petitioner must certify that:
(1)
A good faith effort has been made to obtain an adequate and reliable supply of an alternate fuel for use as a primary energy source of the quality and quantity necessary to conform with the design and operational requirements of the unit;
(2)
Such a supply is not likely to be available within the first 10 years of useful life of the proposed unit;
(b) Evidence required in support of a petition.
A petition must include the following evidence in order to make the demonstration required by this section:
(2)
Exhibits containing the basis for the certifications required under paragraph (a) of this section (including those factual and analytical materials deemed by the petitioner to be sufficient to support the granting of this exemption);