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appropriate to exclude from this defini Interpretation means a written statetion any unit which has a design capa ment issued by the DOE General Counbility to consume any fuel (including sel or his delegate, in response to a any mixture thereof) that does not written request, that applies the reguequal or exceed 100 million Btu's per lations, rulings, and other precedents hour.

previously issued by the DOE to the Electric Region is as defined in $500.3 particular facts of a prospective or of this part.

completed act or transaction. Electric utility means any person, in Mcf means 1,000 cubic feet of natural cluding any affiliate, or Federal agen gas. cy, which sells electric power.

Mixture, when used in relation to Emission offset means emission reduc fuels used in a unit, means a mixture of tions as defined by EPA's regulations petroleum or natural gas and an alterset forth at 40 CFR part 51, appendix S.

nate fuel, or a combination of such EPA means the United States Envi

fuels, used simultaneously or alterronmental Protection Agency.

nately in such unit. ESECA means the Energy Supply and

Natural gas means any fuel consisting Environmental Coordination Act of

in whole or in part of natural gas, in1974, as amended, 15 U.S.C. 791 et seq.

cluding components of natural gas such Eristing powerplant means any power

as methane and ethane; liquid petroplant other than a new powerplant.

leum gas; synthetic gas derived from Federal Water Pollution Control Act

petroleum or natural gas liquids; or means the Federal Water Pollution

any mixture of natural gas and synControl Act, 33 U.S.C. 1251 et seq., as

thetic gas. Natural gas does not in

clude: amended.

(1) Gaseous waste by-products or PERC means the Federal Energy Reg

waste gas specifically designated as an ulatory Commission. Firm means a parent company and

alternate fuel in $ 500.2 of these regula

tions; the consolidated or unconsolidated en

(2) Natural gas which is commertities (if any) that it directly or indi

cially unmarketable, as defined in rectly controls.

these rules; Fluidized bed combustion means com

(3) Natural gas produced by the user bustion of fuel in connection with a bed

from a well, the maximum efficient of inert material, such as limestone or

production rate of which is less than dolomite, that is held in a fluid-like

250 million Btu's per day. For purposes state by the means of air or other gases

of paragraph (3) of this definition: being passed through such materials.

(i) Produced by the user means: FTC means the Federal Trade Com

(A) All gas produced by the well, mission.

when such gas is delivered for use in FUA means the Powerplant and In

the user's facility through a gas delivdustrial Fuel Use Act of 1978, 42 U.S.C.

ery, gathering, or transportation sys

tem which could not deliver such gas Fuel Use Act means FUA.

to any other user; or Fuel use order means a directive (B) Only that amount which repissued by OFE pursuant to $ 501.167 of resents the user's net working (minthese regulations.

eral) interest in the gas produced from Gas turbine means "combustion tur such well, where such gas is delivered bine".

for use in the user's facility through a High-priority user, for purposes of sub gas delivery, gathering, or transporsection 312(j) of FUA, means any resi tation system which could deliver such dential user of natural gas, or any com gas to any other user. mercial user whose consumption of (ii) Maximum efficient production rate natural gas on peak day is less than 50 (MEPR) means that rate at which proMCF.

duction of natural gas may be susInternal combustion engine means a tained without damage to the reservoir heat engine in which the combustion or the rate which may be sustained that generates the heat takes place in without damage to the ultimate recovside the engine proper.

ery of oil or gas through the well.

8301 et seq.

(4) Occluded methane in coal seams (iv) All necessary permits, licenses, within the meaning of section 107(c)(3) or approvals from appropriate Federal, of the Natural Gas Policy Act of 1978 State, and local agencies (including In(NGPA);

dian tribes) have been obtained for con(5) The following gas from wells spud- struction and operation of the facilities ded prior to January 1, 1990:

for the manufacture of the synthetic (i) Gas produced from geopressurized gas involved, except that for purposes brine, within the meaning of section of the prohibition under section 201(2) 107(c)(2) of the NGPA;

of FUA against powerplants being con(ii) Gas produced from Devonian structed without the capability of shale, within the meaning of section using coal or another alternate fuel, 107(c)(4) of the NGPA;

only permits, licenses, and approvals (iii) Gas produced from tight sands, for the construction of such synthetic as designated by the FERC in accord- gas facilities shall be required under ance with section 107(c)(5) of the this subparagraph, to be certified and NGPA; and

documented; and (iv) Other gases designated by FERC (8) A mixture of natural gas and an as "high-cost natural gas” in accord- alternate fuel when such mixture is deance with section 107(c)(5) of the liberately created for purposes of (i) NGPA, except as specifically des Complying with a prohibition order ignated as "natural gas" by OFE;

issued pursuant to section 301(c) of the (6)(i) Synthetic gas derived from coal Act, or (ii) Qualifying for a fuel mixor other alternate fuel, the heat con tures exemption under the Act, protent of which is less than 600 Btu's per vided such exemption is granted. cubic foot at 14.73 pounds per square NEPA means the National Environinch (absolute) and 60° F; and

mental Policy Act of 1969, as amended, (ii) Commingled natural gas and syn 42 U.S.C. 4321 et seq. thetic gas derived from coal consumed

New electric power plant means any as part of the necessary process of a

electric powerplant: (1) That was not major fuel burning installation used in

classified as existing under part 515 of the iron and steel industry, so long as

this subchapter; (2) That was reconthe average annual Btu heat content of

structed, as defined in these rules the commingled stream as consumed

under the definition of reconstrucwithin a major fuel burning installa

tion"; or (3) For which construction tion does not exceed 600 Btu's per cubic

was begun after November 9, 1978. foot at 14.73 pounds per square inch

NGPA means the Natural Gas Policy (absolute) and 60° F;

Act of 1978, 15 U.S.C. 3301 et seq. (7) Mixtures of natural gas and syn

Nonboiler means any powerplant thetic gas derived from alternate fuels

which is not a boiler and consists of eifor which the person proposing to use

ther a combustion turbine unit or comthe gas certifies to OFE that:

bined cycle unit. (i) He owns, or is entitled to receive at the point of manufacture, synthetic

Notice of violation means a written gas derived from alternate fuels;

statement issued to a person by DOE (ii) He delivers, or arranges for the

that states one or more alleged violadelivery of such synthetic gas to a

tions of the provisions of these regula

tions, any order issued pursuant therepipeline which by transport or displacement is capable of delivering such

to, or the Act. synthetic gas, mixed with natural gas,

OBRA means the Omnibus Budget to facilities owned by the user;

Reconciliation Act of 1981, Public Law (iii) The total annual Btu content of

97-35. the synthetic gas delivered to a pipe

OFE means the Office of Fossil Enline is equal to or greater than the

ergy of OFE. total annual Btu content of the natural Offset means “emission offset". gas delivered to the facilities owned by Order means a final disposition, other the user, plus the approximate total than the issuance of a rule, issued by annual Btu content of any natural gas DOE pursuant to these regulations or consumed or lost in transportation; the Act. and

Person means any:

(1) Individual, corporation, company, partnership, association, firm, institution, society, trust, joint venture, or joint stock company;

(2) Any State; or

(3) Any Federal, State, or local agency or instrumentality (including any municipality) thereof.

Petroleum means crude oil and products derived from crude oil, other than:

(1) Petroleum products specifically designated as alternate fuels pursuant to these regulations;

(2) Synthetic gas derived from crude oil;

(3) Liquid petroleum gas;

(4) Petroleum coke or waste gases from industrial operations; and

(5) A liquid, solid, or gaseous waste by-product of refinery operations which is commercially unmarketable under the definition of "commercial unmarketability" in these rules.

NOTE: For the purposes of this subparagraph, waste by-proucts do not include components (such as butane and propane) that can be extracted from the waste by-product by reasonable further processing of the waste by-product at the refinery, nor do they include final products that use the waste byproduct as a blend stock at the refinery.

Petition means a formal request for any action including an exemption submitted to DOE under these regulations.

Powerplant means "electric powerplant."

Product or process requirements means that product or process for which the use of an alternate fuel is not technically feasible due to the necessity to maintain satisfactory control of product quality and for which the substitution of steam is not technically feasible due to process requirements.

Primary energy source means the fuel or fuels used by any existing or new electric powerplant except:

(1) Minimum amounts of fuel required for unit ignition, startup, testing, flame stabilization, and control uses. OFE has determined that, unless need for a greater amount is demonstrated, twenty-five (25) percent of the total annual Btu heat input of a unit shall be automatically excluded under this paragraph.

(2) Minimum amounts of fuel required to alleviate or prevent:

(i) Unanticipated equipment outages as defined in 8501.191 of these regulations; and

(ii) Emergencies directly affecting the public health, safety, or welfare that would result from electric power outages as defined in $501.191 of these regulations.

NOTE: (1) Any fuel excluded under the provisions of paragraph (1) of this definition is in addition to any fuel authorized to be used in any order granting a fuel mixtures exemption under parts 503 and 504 of these rules. The exclusion of fuel under paragraph (1), together with the authority for such additive treatment, shall apply to any jurisdictional facility, regardless of whether or not it had received an order granting an exemption as of the date these rules are promulgated.

(2) If an auxiliary unit to an electric powerplant consumes fuel only for the auxiliary functions of unit ignition, startup, testing, flame stabilization, and other control uses, its use of minimum amounts of natural gas or petroleum is not prohibited by FUA. The measurement of such minimum amounts of fuel is discussed in Associated Electric Cooperative, et al., Interpretation 1980-42 (45 FR 82572, Dec. 15, 1980].

Prohibition order means:

(1) An order issued pursuant to section 301(b) of the Act that prohibits a powerplant from burning natural gas or petroleum as its primary energy source; or

(2) An order issued pursuant to section 301(c) of the Act that prohibits excessive use of natural gas or petroleum in mixtures burned by a powerplant as its primary energy source.

Rated capacity for the purpose of determining reduction in the rated capacity of an existing powerplant, means design capacity, or, at the election of the facility owner or operator, the actual maximum sustained energy output per unit of time that could be produced, measured in power output, expressed in kilowatts, per unit of time.

Reconstruction means the following:

(1) Except as provided in paragraph (2) of this definition, reconstruction shall be found to have taken place whenever the capital expenditures for refurbishment or modification of an electric powerplant on a cumulative basis for the current calendar year and

preceding calendar year, are equal to or greater than fifty (50) percent of the capital costs of an equivalent replacement unit of the same capacity, capable of burning the same fuels.

(2) Notwithstanding paragraph (1) of this definition, reconstruction shall not be found to have taken place whenever:

(1) The capital expenditures for refurbishment or modification of an electric powerplant, on a cumulative basis for the current calendar year and preceding calendar year, are not greater than eighty (80) percent of the capital costs of an equivalent replacement unit of the same capacity, capable of burning the same fuels and the unit, as refurbished or modified, will not have a greater fuel consumption capability than the unit it replaces;

(ii) The unit being refurbished or modified was destroyed, in whole or substantial part, in a plant accident and the unit, as refurbished or modified, will not have a greater fuel consumption capability than the unit it replaces; or

(iii) Refurbishment or modification of the unit is undertaken primarily for the purpose of increasing fuel burning efficiency of the unit, and will not result in:

(A) Increased remaining useful plant life, or

(B) Increased total annual fuel consumption.

Resource Conservation and Recovery Act of 1976 means the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq.

SIP means State Implementation Plan pursuant to section 10 of the Clean Air Act.

Site limitation means a specific physical limitation associated with a particular site that relates to the use of an alternate fuel as a primary energy source for the powerplant such as:

(1) Inaccessibility to alternate fuels;

(2) Lack of transportation facilities for alternate fuels;

(3) Lack of adequate land for facilities for the handling, use and storage of alternate fuels;

(4) Lack of adequate land or facilities for the control or disposal of wastes from such powerplant, including lack of land for pollution control equipment

or devices necessary to assure compliance with applicable environmental requirements; and

(5) Lack of an adequate and reliable supply of water, including water for use in compliance with applicable environmental requirements.

Solid Waste Disposal Act means the Solid Waste Disposal Act, 42 U.S.C. 6901 et seq., as amended.

State regulatory authority means any State agency that acts as ratemaking or power supply authority with respect to the sale of electricity by any State regulated electric utility.

Synthetic fuel means any fuel derived from an alternate fuel and does not include any fuels derived from petroleum or natural gas.

Wetlands areas means, for purposes of section 103(a)(12) of the Act, those geographical areas designated as wetlands areas by State or local environmental regulatory authorities, or in the absence of any such geographic designation, those areas that are inundated by surface or ground water with frequency sufficient to support, and under normal circumstances does or would support, a prevalence of vegetation or aquatic life that requires saturated, seasonably saturated, or tidally saturated soil conditions for growth or reproduction. (Department of Energy Organization Act, Pub. L. 95–91, 42 U.S.C. 7101 et seq.; Energy Supply and Environmental Coordination Act of 1974, Pub. L. 93-319, as amended by Pub. L. 94–163, Pub. L. 95–70, and Pub. L. 95-620, (15 U.S.C. 719 et seq.); Powerplant and Industrial Fuel Use Act of 1978, Pub. L. 95620, as amended by Pub. L. 97–35 (42 U.S.C. 8301 et seq.); Omnibus Budget Reconciliation Act of 1981, Pub. L. 97–35) (46 FR 59884, Dec. 7, 1981, as amended at 47 FR 15313, 15314, Apr. 9, 1982; 47 FR 17041, Apr. 21, 1982; 47 FR 29210, July 6, 1982; 47 FR 34972, Aug. 12, 1982; 54 FR 52889, Dec. 22, 1989)

a

8500.3 Electric regions electric re

gion groupings for reliability measurements under the Powerplant

and Industrial Fuel Use Act of 1978. (a) The following is a list of electric regions for use with regard to the Act. The regions are identified by FERC Power Supply Areas (PSA's) as authorized by section 202(a) of the Federal Power Act except where noted. They will be reviewed annually by ERA.

18. Michigan Electric Coordinated Systems (MECS)-11.

19. Wisconsin-Upper Michigan Group (WUMS)-13. 20.

Mid-Continent Area Power Pool (MAAP)16, 17, 26, 27, 28.

21. Missouri-Kansas Group (MOKAN)-24, 29.

22. Oklahoma Group 33, 36.

23. Texas Interconnected Systems (TIS) 37, 38.

24. Rocky Mountain Power Pool (RMPP) 31, 32.

25. Northwest Power Pool (NWPP)30, 42, 43, 44, 45.

26. Arizona-New Mexico Group-39, 48 within Arizona. in Nevada and California.

27. Southern California-Nevada-47, 48. 28. Northern California-Nevada-46.

29. Alaska (non-interconnected systems to be considered separately) 49.

30. Idaho-Utah Group—41.

PART 501-ADMINISTRATIVE PROCEDURES AND SANCTIONS

Subpart A-General Provisions

Each grouping meets one or more of the following criteria:

(1) Existing centrally dispatched pools and hourly power brokers;

(2) Systems with joint planning and construction agreements;

(3) Systems with coordination agreements in the areas of:

(i) Generation reserve and system reliability criteria;

(ii) Capacity and energy exchange policies;

(iii) Maintenance scheduling; and

(iv) Emergency procedures for dealing with capacity or fuel shortages; or

(4) Systems within the same National Electric Reliability Council (NERC) region with historical coordination policies.

(b) The PSA's referred to in the definition of electric regions in paragraph (a) of this section were first defined by the Federal Power Commission in 1936. The most recent reference to them is given in the 1970 National Power Survey, Vol. 1, Pg. 1-3-16. In cases where a petitioner finds an ambiguity in a regional assignment, he shall consult with DOE for an official determination.

Electric Region Groupings and FERC PSA's:

1. Allegheny Power System (APS)—7, except Duquesne Light Company,

2. American Electric Power System (AEP)entire AEP System.

3. New England Planning Pool (NEPOOL) 1, 2.

4. New York Planning Pool (NYPP/3, 4.

5. Pennsylvania-New Jersey-Maryland interconnection (PJM5, 6.

6. Commonwealth Edison Company--14. 7. Florida Coordination Group (FCG)_24. 8. Middle South Utilities--25. 9. Southern Company-22, 23. 10. Gulf States Group 35. 11. Tennessee Valley Authority (TVA)-20,

12. Virginia-Carolina Group (VACAR)_18, 21.

13. Central Area Power Coordination Group (CAPCO)Cleveland Electric Iluminating Company, Toledo Edison Company, Ohio Edison Company, Duquesne Light Company.

14. Cincinnati, Columbus, Dayton Group (CCD)Cincinnati Gas and Electric Company, Columbus and Southern Ohio Electric Company, Dayton Power and Light Company

15. Kentucky Group-19.

16. Indiana Group-Indiana Utilities except AEP.

17. Illinois-Missouri Group (ILLMO)-15, 40.

Sec. 501.1 Purpose and scope. 501.2 Prepetition conference. 501.3 Petitions. 501.4-501.5 [Reserved] 501.6 Service. 501.7 General filing requirements. 501.8 [Reserved] 501.9 Effective date of orders or rules. 501.10 Order of precedence, 501.11 Address for filing documents. 501.12 Public files. 501.13 Appeal. 501.14 Notice to Environmental Protection

Agency.

Subpart B [Reserved] Subpart C-Written comments, Public

Hearings and Conferences During Ad

ministrative Proceedings 501.30 Purpose and scope. 501.31 Written comments. 501.32 Conferences (other than prepetition

conferences). 501.33 Request for a public hearing. 501.34 Public hearing. 501.35 Public file.

Subpart D-Subpoenas, Special Report

Orders, Oaths and Witnesses

501.40 Issuance.

Subpart E-Prohibition Rules and Orders 501.50 Policy.

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