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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) Eligibility. Section 212(a)(1)(A)(ii) of the Act provides for a permanent exemption due to lack of an alternate fuel supply at a cost which does not substantially exceed the cost of using imported petroleum. 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 proposed unit;
(2) The cost of using such a supply would substantially exceed the cost of using imported petroleum as a primary energy source during the useful life of the proposed unit as defined in § 503.6 (cost calculation) of these regulations;
(3) No alternate power supply exists, as required under § 503.8 of these regulations.
(4) Use of mixtures is not feasible, as required under § 503.9 of these regulations; and
(5) Alternative sites are not available, as required under § 503.11 of these regulations.
(b) Evidence required in support of a petition. The petition must include the following evidence in order to make the demonstration required by this section:
(1) Duly executed certifications required under paragraph (a) of this section;
(2) Exhibits containing the basis for 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);
(3) Environmental impact analysis, as required under § 503.13 of these regulations;
(4) Fuels search, as required under § 503.14 of these regulations; and
(5) All data required by § 503.6 (cost calculation) of these regulations necessary for computing the cost calculation formula.
Cite this article: FindLaw.com - Code of Federal Regulations Title 10. Energy § 10.503.32 Lack of alternate fuel supply at a cost which does not substantially exceed the cost of using imported petroleum - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-10-energy/cfr-sect-10-503-32/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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