Sec. 211. TEMPORARY EXEMPTIONS
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## SEC. 211 TEMPORARY EXEMPTIONS ###
(a)General Exemption Due to Lack of Alternate Fuel Supply, Site Limitations, or Environmental Requirements After consideration of a petition (and comments thereon) for an exemption for a powerplant from 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 at a cost (taking into account associated facilities for the transportation 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 the fuel that would be used as a primary energy source; ####
(2)one or more site limitations exist which would ot5 permit the location or operation of such a powerplant coal or any other alternate fuel as a primary energy source; or 5So in law. Apparently should be “not”. ####
(3)the prohibitions of section 201 could not be satisfied without violating applicable environmental requirements. ###
(b)Temporary Exemption Based Upon Future Use of Synthetic Fuels.6 After consideration of a petition (and comments thereon) for an exemption for a powerplant from 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— 6Section 175(j) of the Energy Security Act provides as follows: (j)(1) For purposes of section 211(b) of the Powerplant and Industrial Fuel Use Act of 1978 (92 Stat. 3300), a petitioner under such section shall be deemed to have made the demonstrations required by section 211(b)(1) and section 211(b)(2) of such Act if he has entered into a legally valid agreement with a qualified producer of synthetic fuel for the future delivery of sufficient quantities of synthetic fuel to be used at the facility for which the exemption is sought. The submission to the Secretary of Energy of evidence of the existence of such a legally valid agreement also shall be deemed to satisfy the requirement of section 211(b) of such Act that the petitioner file and maintain a compliance plan satisfying the requirements of section 214(b) of such Act.
(2)For purposes of paragraph (1), a person shall be deemed to be a “qualified producer of synthetic fuel” if he received financial assistance in the form of a loan, loan guarantee, purchase agreement, or price guarantee pursuant to subtitle D.
(3)In addition, in order to constitute a “legally valid agreement” for purposes of paragraph (1), the agreement with the qualified synthetic fuel producer must provide for the initial delivery of synthetic fuel within the period of time during which such facility is exempted pursuant to section 211(e) of such Act.
(4)For purposes of section 211(b) of such Act, an extension or renewal under section 211(e)(1) of such Act or section 211(e)(2)(B) of such Act may be granted at the time the original exemption is issued or at any subsequent date.
(5)Nothing in this subsection shall be construed to relieve the petitioner from compliance with subtitle A of title II of the Powerplant and Industrial Fuel Use Act of 1978. ####
(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. The effectiveness of an exemption under this subsection is conditioned on the petitioner filing and maintaining a compliance plan meeting the requirements of section 214(b). ###
(e)Duration of Temporary Exemptions ####
(1)Except as provided in paragraph (2), exemptions under this section for any powerplant may not exceed, taking into account 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)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 before the powerplant is placed in service, the period before it is placed in service shall not be taken into account in computing the 5-year and the 10-year limitations of paragraphs
(1)and (2). **[**[42 U.S.C. 8321](/us/usc/t42/s8321)**]**
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- 92 Stat. 3300
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