(2) Other demonstration nuclear reactors except those in existence on the effective date of this Act-when operated as part of the power generation facilites of an electric utility system, or when operated in any other manner for the purpose of demonstrating the suitability for commercial application of such a reactor. (3) Facilities used primarily for the receipt and storage of high-level radioactive wastes resulting from activities licensed under such Act. (4) Retrievable Surface Storage Facilities and other facilities authorized for the express purpose of subsequent long-term storage of high-level radioactive waste generated by the Administration, which are not used for, or are part of, research and development activities. Energy Supply and Environmental Coordination Act of 1974. 15 USC 791 note. ENERGY SUPPLY AND ENVIRONMENTAL [Extract from] [Public Law No. 93-319, 93rd Congress] [H.R. 14368] An Act to provide for means of dealing with energy shortages by requiring reports with respect to energy resources, by providing for temporary suspension of certain air pollution requirements, by providing for coal conversion, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * * * * * 15 USC 792. (b) The purposes of this Act are (1) to provide for a means to assist in meeting the essential needs of the United States for fuels, in a manner which is consistent, to the fullest extent practicable, with existing national commitments to protect and improve the environment, and (2) to provide requirements for reports respecting energy resources. SEC. 2. COAL CONVERSION AND ALLOCATION. (a) The Federal Energy Administrator— fuel burning (1) shall, by order, prohibit any powerplant, and Powerplant and (2) may, by order, prohibit any major fuel burning installations. installation, other than a powerplant, from burning natural gas or petroleum products as its primary energy source, if the Federal Energy Administrator determines such powerplant or installation on the date of enactment of this Act has the capability and necessary plant equipment to burn coal, and if the requirements of subsection (b) are met. (b) The requirements referred to in subsection (a) are as follows: (1) An order under subsection (a) may not be issued with respect to a powerplant or installation unless the Federal Energy Administrator finds (A) that the burning of coal by such plant or installation, in lieu of petroleum products or natural gas, is practicable and consistent with the purposes of this Act, (B) that coal and coal transportation facilities will be available during the period the order is in effect, and (C) in the case of a powerplant, that the prohibition under subsection (a) will not impair the reliability of service in the area served by such plant. Such an order shall be rescinded or modified to the extent the Federal Energy Administrator determines that any requirement described in subparagraph (A), (B), or (C) of this paragraph is no longer met; and such an order may at any time be modified if the Federal Energy Administrator determines that such order, as modified, complies with the requirements of this section. (2) (A) Before issuing an order under subsection (a) Public notice. which is applicable to a powerplant or installation for a period ending on or before June 30, 1975, the Federal Energy Administrator (i) shall give notice to the public and afford interested persons an opportunity for written presentations of data, views, and arguments, (ii) shall consult with the Administrator of the Environmental Protection Agency, and (iii) shall take into account the likelihood that the powerplant or installation will be permitted to burn coal after June 30, 1975. (B) An order described in subparagraph (A) of this paragraph shall not become effective until the date which the Administrator of the Environmental Protection Agency certifies pursuant to section 119(d) (1) Post, p. 248. Powerplant, con- (A) of such Act is the earliest date that such plant or (B) An order (or modification thereof) described in subparagraph (A) of this paragraph shall not become effective until (i) the Administrator of the Environmental Protection Agency notifies the Federal Energy Administrator under section 119(d) (1) (B) of the Clean Air Act that such plant or installation will be able on and after July 1, 1975, to burn coal and to comply with all applicable air pollution requirements without a compliance date extension under section 119(c) of such Act, or (ii) if such notification is not given, the date which the Administrator of the Environmental Protection Agency certifies pursuant to section 119 (d) (1) (B) of such Act is the earliest date that such plant or installation will be able to comply with all applicable requirements of such section 119. Such order (or modification) shall not be effective during any period certified by the Administrator of the Environmental Protection Agency under section 119(d) (3) (B) of such Act. (c) The Federal Energy Administrator may require that any powerplant in the early planning process (other than a combustion gas turbine or combined cycle unit) be designed and constructed so as to be capable of using coal as its primary energy source. No powerplant may be required under this subsection to be so designed and constructed, if the Administrator determines that (1) to do so is likely to result in an impairment of reliability or adequacy of service, or (2) an adequate and reliable supply of coal is not expected to be available. In considering whether to impose a design and construction requirement under this subsection, the Federal Energy Administrator shall consider the existence and effects of any contractual commitment for the construction of such facilities and the capability of the owner to recover any capital investment made as a result of any requirement imposed under this subsection. (d) The Federal Energy Administrator may, by rule or order, allocate coal (1) to any powerplant or major fuelburning installation to which an order under subsection (a) has been issued, or (2) to any other person to the extent necessary to carry out the purposes of this Act. (c) For purposes of this section: (1) The term "powerplant" means a fossil-fuel fired "Powerplant." electric generating unit which produces electric power for purposes of sale or exchange. (2) The term "coal” includes coal derivatives. "Coal." Expiration and (f) (1) Authority to issue orders or rules under subsec- effective dates. tions (a) through (d) of this section shall expire at midnight, June 30, 1975. Such a rule or order may take effect at any time before January 1, 1979. (2) Authority to amend, repeal, rescind, modify, or enforce such rules or orders shall expire at midnight, December 31, 1978; but the expiration of such authority shall not affect any administrative or judicial proceeding which relates to any act or omission which occurred prior to January 1, 1979. SEC. 3 SUSPENSION AUTHORITY. Title I of the Clean Air Act is amended by adding at the 81 Stat. 485. end thereof the following new section: 42 USC 1857. 42 USC 1857h-1. Electric generplants, cesoperation, ating power SEC. 119 "(h) Nothing in this section shall affect the power of the Administrator to deal with air pollution presenting an imminent and substantial endangerment to the health of persons under section 303 of this Act. "(i) (1) In order to reduce the likelihood of early 84 Stat. 1705. phaseout of existing electric generating powerplants, any electric generating powerplant (A) which, because of the age and condition of the plant, is to be taken out of service permanently no later than January 1, 1980, according to the power supply plan (in existence on January 1, 1974) of the owner or operator of such plant, (B) for which a certification to that effect has been filed by the owner or operator of the plant with the Environmental Protection Agency and the Federal Power Commission, and (C) for sation of postponement. Hydroelectric energy facilities, construction. 16 USC 824a note. 42 USC 4332. which such Commission has determined that the certifi- "(2) Prior to the date on which any powerplant eligible "(3) The Administrator shall, as a condition of any postponement under paragraph (2), prescribe such interim requirements as are practicable and reasonable in light of the criteria in paragraph (2). SEC. 7. (d) In order to expedite the prompt construction SEC. 11. REPORTING OF ENERGY INFORMA- (a) For the purpose of assuring that the Federal 1 t |