§ 8302. Definitions
(a)
Generally
Unless otherwise expressly provided, for the purposes of this chapter—
(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
(3)
(A)
Except as provided in subparagraph (B), the term “natural gas” means any fuel consisting in whole or in part of—
(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;
(4)
The term “petroleum” means crude oil and products derived from crude oil, other than—
(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 municipal, industrial, or agricultural wastes, wood, and renewable and geothermal energy sources;
(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—
(B)
For purposes of subparagraph (A), the term “electric generating unit” does not include—
(C)
For purposes of clause (ii) of subparagraph (A), there shall be excluded any unit which has a design capability to consume 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 November 9, 1978; and
(B)
any electric powerplant for which construction or acquisition began on a date after April 20, 1977, and before November 9, 1978, 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 chapter without—
(9)
(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—
(C)
For purposes of clause (ii) of subparagraph (A), there shall be excluded any unit which has a design capability to consume 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 construction or acquisition began on a date on or after November 9, 1978; and
(B)
any major fuel-burning installation on which construction or acquisition began on a date after April 20, 1977, and before November 9, 1978, 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 chapter without—
(12)
(A)
The term “existing major fuel-burning installation” means any installation which is not a new major fuel-burning installation.
(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)
(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 chapter—
(14)
The term “construction” means substantial onsite construction 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, except it does not include, as determined under rules prescribed by the Secretary—
(16)
The term “site limitation” means, when used with respect to any powerplant, any specific physical limitation associated with a particular site which relates to the use of coal or other alternate fuels as a primary energy source for such powerplant, such as—
(C)
lack of adequate land or facilities for the handling, use, and storage of coal or other alternate fuels;
(17)
The term “applicable environmental requirements” includes—
(A)
any standard, limitation, or other requirement established by or pursuant to Federal or State law (including any final order of any Federal or State court) applicable to emissions 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 petroleum as a primary energy source or from the operation of pollution control equipment in connection with such use, taking 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 [42 U.S.C. 7401 et seq.], the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.], or the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].
(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 powerplant (other than a peakload 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 3,500 hours.
(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, discounted to present value, as determined by the Secretary (in the case of powerplants, in consultation 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 any State regulated 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 [42 U.S.C. 7602
(b)].
(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.
(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—
(b)
Special rules relating to definitions of natural gas and alternate fuel
(1)
Subject to paragraph (2), natural gas which is to be used by a powerplant shall for purposes of this chapter (other than this subsection), be excluded from the definition of “natural gas” under subsection (a)(3)(B)(iii) of this section and shall be included within the definition of “alternate fuel” under subsection (a)(6) of this section if the person proposing to use such natural gas certifies 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 subsection by reason of such certification, plus the approximate Btu content of any natural gas consumed or lost in transportation;
(2)
The application of paragraph (1) with respect to the use of natural gas by any powerplant 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:
[1] So in original. Probably should be capitalized.