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Code of Federal Regulations Title 10. Energy § 10.504.2 Purpose and scope

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(a)Sections 504.5, 504.6, and 504.8, set forth the prohibitions that OFP, pursuant to section 301 of the Act, as amended, may impose upon existing powerplants after a review of the certification and prohibition order compliance schedule submitted by the owner or operator of a powerplant.Sections 504.5 and 504.8 are explanatory sections, and § 504.6 provides the informational requirements necessary to support the certification.

(b)Sections 504.6 and 504.7, set forth the prohibitions that OFP may impose upon certain electing powerplants, pursuant to former section 301(b) and (c) of FUA, where OFP can make the findings as to the unit's technical capability and financial feasibility to use coal or another alternate fuel as a primary energy source. The prohibitions may be made to apply to electing powerplants unless an exemption is granted by OFP under the provisions of the Final Rule for Existing Facilities (10 CFR parts 500, 501 and 504) published at 45 FR 53682, Aug. 12, 1980 and 46 FR 59872, Dec. 7, 1981. Any person who owns, controls, rents or leases an existing electing powerplant may be subject to the prohibitions imposed by and the sanctions provided for in the Act or these regulations, if OFP can make the findings required by former section 301(b) and (c) of FUA.

(Authority:  Department of Energy Organization Act, Pub.L. 95–91, 91 Stat. 565 (42 U.S.C. 7101 et seq.);  Powerplant and Industrial Fuel Use Act of 1978, Pub.L. 95–620, 92 Stat. 3269 (42 U.S.C. 8301 et seq.);  Omnibus Budget Reconciliation Act of 1981, Pub.L. 97–35;  E.O. 12009, 42 FR 46267, Sept. 15, 1977)

Cite this article: - Code of Federal Regulations Title 10. Energy § 10.504.2 Purpose and scope - last updated October 03, 2022 |

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