Sec. 762. EFFECT OF ORDERS UNDER SECTION 2 OF ESECA; AMENDMENTS TO ESECA
436 words·~2 min read·
/statute-compilations/comps-872/sec-762A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 762 EFFECT OF ORDERS UNDER SECTION 2 OF ESECA; AMENDMENTS TO ESECA ###
(a)Effect of Construction Orders Any electric powerplant or major fuel-burning installation issued an order pursuant to section 2(c) of the Energy Supply and Environmental Coordination Act of 1974 that is pending on the effective date of this Act shall, notwithstanding the provisions of such section 2(c) or any other provision of this Act, be subject to the provisions of this Act as if it were a new electric powerplant or new major fuel-burning installation, as the case may be, except that if such order became final before such date, the provisions of title II of this Act shall not apply to such powerplant or installation. ###
(b)Effect of Prohibition Orders The provisions of titles II and III shall not apply to any powerplant or installation for which an order issued pursuant to section 2(a) of the Energy Supply and Environmental Coordination Act of 1974 before the effective date of this Act is pending or final or which, on review, was held unlawful and set aside on the merits; except that any installation issued such an order under such section 2(a) which is pending on the effective date of this Act may elect to be covered by title II or III (as the case may be) rather than such section 2. Such an election shall be irrevocable and shall be made in such form and manner as the Secretary shall, within 90 days after the date of the enactment of this Act, prescribe. Such an election shall be made not later than 60 days after the date on which the Secretary prescribes the form and manner of making such election. ###
(c)Validity of Orders The preceding provisions of this Act shall not affect the validity of any order issued under subsection (a), or any final order under subsection (c), of section 2 of the Energy Supply and Environmental Coordination Act of 1974, and the authority of the Secretary to amend, repeal, rescind, modify, or enforce any such order, or rules applicable thereto, shall remain in effect notwithstanding any limitation of time otherwise applicable to such authority. Except as provided in this section, the authority of the Secretary under section 2 of such Act shall terminate on the effective date of this Act. ###
(d)Amendments to ESECA ####
(1)Section 11(g) of the Energy Supply and Environmental Coordination Act of 1974 is amended— ####
(1)by striking out paragraph (2), and ####
(2)in paragraph (1), by striking out “(g)(1)” and inserting in lieu thereof “(g)”. **[**[42 U.S.C. 8472](/us/usc/t42/s8472)**]**
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 762
EFFECT OF ORDERS UNDER SECTION 2 OF ESECA; AMENDMENTS TO ESECA
Cites 1Cited by 0 across 0 sources