Notes on 42 U.S.C. § 8301 : US Code - Notes

Search Notes on 42 U.S.C. § 8301 : US Code - Notes

(Pub. L. 95-620, title I, Sec. 102, Nov. 9, 1978, 92 Stat. 3291;
Pub. L. 100-42, Sec. 1(c)(1), May 21, 1987, 101 Stat. 310.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 95-620, Nov. 9, 1978, 92 Stat. 3289, as
amended, known as the Powerplant and Industrial Fuel Use Act of
1978, which enacted this chapter, amended sections 6211 and 7193 of
this title, section 796 of Title 15, Commerce and Trade, section
1202 of Title 19, Customs Duties, sections 821, 822, and 825 of
Title 45, Railroads, and section 26b of former Title 49,
Transportation, and enacted provisions set out as notes under this
section and section 822 of Title 45. For complete classification of
this Act to the Code, see Short Title note set out below and
Tables.
AMENDMENTS
1987 - Subsec. (a)(1), (2). Pub. L. 100-42, Sec. 1(c)(1)(A),
struck out "and major fuel-burning installations" after "electric
powerplants".
Subsec. (b)(2). Pub. L. 100-42, Sec. 1(c)(1)(B), redesignated
par. (3) as (2) and struck out former par. (2) relating to
conservation of natural gas and petroleum for uses for which there
are no alternatives.
Subsec. (b)(3), (4). Pub. L. 100-42, Sec. 1(c)(1)(B),
redesignated pars. (4) and (5) as (3) and (4), respectively. Former
par. (3) redesignated (2).
Subsec. (b)(5). Pub. L. 100-42, Sec. 1(c)(1), redesignated par.
(7) as (5) and struck out "and major fuel-burning installations"
after "electric powerplants". Former par. (5) redesignated (4).
Subsec. (b)(6). Pub. L. 100-42, Sec. 1(c)(1), redesignated par.
(8) as (6) and struck out "and major fuel-burning installations"
after "electric powerplants", and struck out former par. (6) which
related to prohibition or minimization of use of natural gas and
petroleum as a primary energy source.
Subsec. (b)(7) to (10). Pub. L. 100-42, Sec. 1(c)(1)(B),
redesignated former pars. (9) to (12) as (7) to (10), respectively.
Former pars. (7) and (8) redesignated (5) and (6), respectively.
EFFECTIVE DATE
Section 901 of Pub. L. 95-620 provided that: "Unless otherwise
provided in this Act [see Short Title note set out below] the
provisions of this Act shall take effect 180 days after the date of
the enactment of this Act [Nov. 9, 1978], except that the Secretary
may issue rules pursuant to such provisions at any time after such
date of enactment, which rules may take effect no earlier than 180
days after such date of enactment."
SHORT TITLE
Section 101(a) of Pub. L. 95-620 provided that: "This Act
[enacting this chapter, amending sections 6211 and 7193 of this
title, section 796 of Title 15, Commerce and Trade, section 1202 of
Title 19, Customs Duties, sections 821, 822 and 825 of Title 45,
Railroads, and section 26b of former Title 49, Transportation, and
enacting provisions set out as notes under this section and section
822 of Title 45] may be cited as the 'Powerplant and Industrial
Fuel Use Act of 1978'."
EXEMPTION FOR CERTAIN ELECTRIC POWERPLANTS AND TEMPORARY EXEMPTION
ISSUED UNDER SECTION 8321(D) AS EFFECTIVE PRIOR TO 180 DAYS AFTER
NOVEMBER 9, 1978
Section 902 of Pub. L. 95-620 provided that:
"(a) Exemptions in the Case of Certain Powerplants. - In the case
of -
"(1) any electric powerplant which, as of April 20, 1977, has
received a final decision from the appropriate State agency
authorizing the construction of such powerplant, and
"(2) any electric powerplant (A) consisting of one or more
combined cycle units owned or operated by an electric utility
which serves at least 2,000,000 customers and (B) for which an
application has been filed for at least one year before the date
of the enactment of this Act [Nov. 9, 1978] with the appropriate
State agency for authorization to construct such powerplant,
the Secretary may receive, consider, and grant (or deny) any
petition for an exemption under title II or III [subchapters II and
III of this chapter] notwithstanding section 901 [section 901 of
Pub. L. 95-620, set out as a note above] or the fact that all rules
related to such petition have not been prescribed at the time.
"(b) Exemptions Under Section 211(d). - The Secretary may
receive, consider, and grant (or deny) any petition for any
exemption under section 211(d) [section 8321(d) of this title]
notwithstanding section 901 [section 901 of Pub. L. 95-620, set out
as a note above], or the fact that all rules related to such
petition have not been prescribed at the time."
(!1) So in original. Probably should be "expanded".
(!2) So in original. Probably should be "purposes".