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(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 $501.191 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 devices necessary to assure complior greater than fifty (50) percent of the ance with applicable environmental recapital costs of an equivalent replace- quirements; and ment unit of the same capacity, capa (5) Lack of an adequate and reliable ble of burning the same fuels.

supply of water, including water for (2) Notwithstanding paragraph (1) of use in compliance with applicable envithis definition, reconstruction shall ronmental requirements. not be found to have taken place when Solid Waste Disposal Act means the ever:

Solid Waste Disposal Act, 42 U.S.C. 6901 (1) The capital expenditures for refur

et seq., as amended. bishment or modification of an electric

State regulatory authority means any powerplant, on a cumulative basis for

State agency that acts as ratemaking the current calendar year and preced

or power supply authority with respect ing calendar year, are not greater than

to the sale of electricity by any State eighty (80) percent of the capital costs

regulated electric utility. of an equivalent replacement unit of

Synthetic fuel means any fuel derived the same capacity, capable of burning

from an alternate fuel and does not inthe same fuels and the unit, as refur

clude any fuels derived from petroleum bished or modified, will not have a

or natural gas. greater fuel consumption capability than the unit it replaces;

Wetlands areas means, for purposes of (ii) The unit being refurbished or

section 103(a)(12) of the Act, those geomodified was destroyed, in whole or

graphical areas designated as wetlands substantial part, in a plant accident

areas by State or local environmental and the unit, as refurbished or modi

regulatory authorities, or in the abfied, will not have a greater fuel con

sence of any such geographic designasumption capability than the unit it

tion, those areas that are inundated by replaces; or

surface or ground water with frequency (iii) Refurbishment or modification

sufficient to support, and under normal of the unit is undertaken primarily for

circumstances does or would support, a the purpose of increasing fuel burning

prevalence of vegetation or aquatic life efficiency of the unit, and will not re

that requires saturated, seasonably sult in:

saturated, or tidally saturated soil con(A) Increased remaining useful plant

ditions for growth or reproduction. life, or

(Department of Energy Organization Act, (B) Increased total annual fuel con Pub. L. 95–91, 42 U.S.C. 7101 et seq.; Energy sumption.

Supply and Environmental Coordination Act Resource Conservation and Recovery of 1974, Pub. L. 93-319, as amended by Pub. L. Act of 1976 means the Resource Con

94-163, Pub. L. 95–70, and Pub. L. 95 620, (15 servation and Recovery Act of 1976, 42

U.S.C. 719 et seq.); Powerplant and Industrial U.S.C. 6901 et seq.

Fuel Use Act of 1978, Pub. L. 95-620, as

amended by Pub. L. 97-35 (42 U.S.C. 8301 et SIP means State Implementation

seq.); Omnibus Budget Reconciliation Act of Plan pursuant to section 10 of the

1981, Pub. L. 97-35) Clean Air Act.

(46 FR 59884, Dec. 7, 1981, as amended at 47 Site limitation means a specific phys

FR 15313, 15314, Apr. 9, 1982; 47 FR 17041, Apr. ical limitation associated with a par 21, 1982; 47 FR 29210, July 6, 1982; 47 FR 34972, ticular site that relates to the use of Aug. 12, 1982; 54 FR 52889, Dec. 22, 1989) an alternate fuel as a primary energy source for the powerplant such as:

8500.3 Electric regions electric re(1) Inaccessibility to alternate fuels; gion groupings for reliability meas(2) Lack of transportation facilities

urements under the Powerplant for alternate fuels;

and Industrial Fuel Use Act of 1978. (3) Lack of adequate land for facili (a) The following is a list of electric ties for the handling, use and storage regions for use with regard to the Act. of alternate fuels;

The regions are identified by FERC (4) Lack of adequate land or facilities Power Supply Areas (PSA's) as authorfor the control or disposal of wastes ized by section 202(a) of the Federal from such powerplant, including lack Power Act except where noted. They of land for pollution control equipment will be reviewed annually by ERA.

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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.

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:

(1) Generation reserve and system reliability criteria;

(11) Capacity and energy exchange policies;

(111) 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 (PJM-5, 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 Group35. 11. Tennessee Valley Authority (TVA)20. 12. Virginia-Carolina Group (VACAR)18,

PART 501-ADMINISTRATIVE PROCEDURES AND SANCTIONS

Subpart A-General Provisions

Sec.

501.1 Purpose and scope.
501.2 Prepetition conference.
501.3 Petitions.
501.

4501.5 (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 petition con

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

21.

13. Central Area Power Coordination Group (CAPCO)Cleveland Electric Illuminating 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. Ilinois Missouri Group (ILLMO)-15, 40.

Subpart D-Subpoenas, Special Report

Orders, Oaths and Witnesses 501.40 Issuance.

Subpart E-Prohibition Rules and Orders 501.50 Policy.

501.164 Decision to initiate enforcement

proceedings. 501.165 Commencement of enforcement pro

ceedings. 501.166 Hearings and conferences. 501.167 Fuel use order.

Subpart 1-Investigations, Violations,

Sanctions and Judicial Actions

501.51 Prohibitions by order-electing pow.

erplants. 501.52 Prohibitions by order-certifying

powerplants. 501.53–501.56 (Reserved)

Subpart F-Exemptions and Certifications 501.60 Purpose and scope. 501.61 Certification contents. 501.62 Petition contents. 501.63 Notice of the commencement of an

administrative proceeding on an exemp

tion petition. 501.64 Publication of notice of availability

of tentative staff analysis. 501.65 Publication of notice of availability

of draft EIS. 501.66 OFE evaluation of the record, deci

sion and order. 501.67 Petition redesignations. 501.68 Decision and order. 501.69 Judicial review.

501.180 Investigations. 501.181 Sanctions. 501.182 Injunctions. 501.183 Citizens suits.

Subpart G-Roquests for Modification or

Rescission of a Rule or Order

501.100 Purpose and scope. 501.101 Proceedings to modify or rescind a

rule or order. 501.102 OFE evaluation of the record, deci

sion and order for modification or rescis

sion of a rule or order. 501.103 OFE decision.

Subpart M-Use of Natural Gas or Petro

leum for Emergency and Unantici

pated Equipment Outage Purposes 501.190 Purpose and scope. 501.191 Use of natural gas or petroleum for

certain unanticipated equipment outages and emergencies defined in section

103(a)(15)(B) of the Act. 501.192 (Reserved)

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. 3289 (42 U.S.C. 8301 et seq.); Energy Security Act, Pub. L. 96–294, 94 Stat. 611 (42 U.S.C. 8701 et seq.); E.O. 1209, 42 FR 46267, September 15, 1977.

SOURCE: 46 FR 59889, Dec. 7, 1981, unless otherwise noted.

OMB CONTROL No.: 1903-0075. See 46 FR 63209. Dec. 31, 1981.

EDITORIAL NOTE: Nomenclature changes to this part appear at 54 FR 52891, Dec. 22, 1989.

Subpart H-Requests for Stay 501.120 Purpose and scope. 501.121 Filing and notice of petitions for

stays. 501.122 Contents. 501.123 Evaluation of the record. 501.124 Decision and order.

Subpart |--Requests for Interpretation 501.130 Purpose and scope. 501.131 Filing a request for interpretation. 501.132 Contents of a request for interpreta

tion. 501.133 DOE evaluation. 501.134 Issuance and effect of interpreta

tions.

Subpart J-Rulings

Subpart A-General Provisions 8501.1 Purpose and scope.

Part 501 establishes the procedures to be used in proceedings before DOE under parts 500-508 of this chapter except as otherwise provided. 8501.2 Prepetition conference.

(a) Owners and operators of powerplants may request a prepetition conference with OFE for the purpose of discussing the applicability of 10 CFR parts 503 and 504 to their situations and the scope of any exemption or other petition that OFE would accept as adequate for filing purposes.

(b) The owner or operator who requests a prepetition conference may personally represent himself or may designate a representative to appear on his behalf. A prepetition conference or

501.140 Purpose and scope. 501.141 Criteria for issuance. 501.142 Modification or rescission. 501.143 Comments.

Subpart K-Enforcement 501.160 Purpose and scope. 501.161 Filing a complaint. 501.162 Contents of a complaint. 501.163 OFE evaluation.

a request for a prepetition conference does not commence a proceeding before OFE.

(c) If OFE agrees to waive any filing requirements under $501.3(d), a memorandum of record stating this fact will be furnished to the potential petitioner within thirty (30) days after the conference. Copies of all applicable memoranda of record must be attached to any subsequently-filed petition.

(d) A record of all prepetition conferences will be included in the public file. OFE may provide for the taking of a formal transcript of the conference and the transcript will be included in the public file. (46 FR 59889, Dec. 7, 1981, as amended at 54 FR 52891, Dec. 22, 1989)

8501.3 Petitions.

(a) Filing of petitions. Petitions for exemptions are to be filed with OFE at the address given in 8501.11.

(b) Acceptance of petition. (1) Upon acceptance (as distinguished from filing) of the petition, OFE shall publish in the FEDERAL REGISTER a Notice of Acceptance of Petition or, in the case of an exemption by certification, a Notice of Acceptance and Availability of Certification, signifying that an exemp tion proceeding has commenced.

(2) OFE will notify each petitioner in writing within thirty (30) days of receipt of the petition that it has been accepted or rejected and, if rejected, the reasons therefor.

(3) A petition, including supporting documents, will be accepted if the information contained appears to be sufficient to support an OFE determination. Additional information may be requested during the course of the proceeding, and failure to respond to such a request may ultimately result in denial of the requested exemption.

(4) Acceptance of petition does not constitute a determination that the requested exemption will be granted.

(c) Rejection of petition. (1) OFE will reject a petition if it does not meet the information of certification requirements established for the relevant exemptions under parts 503 and 504 of this chapter. A written explanation of the reasons for rejection will be furnished with notification of the rejection.

(2) A timely-filed petition rejected as inadequate will not be rendered untimely if resubmitted in amended form within ninety (90) days of the date of rejection.

(3) OFE will, within thirty (30) days of receipt of a petition that is found to be incomplete due to minor deficiencies, notify the petitioner of the deficiencies and allow ninety (90) days from the date of notification to cure the specified deficiencies. The failure to cure the deficiencies during this time may result in denial of the requested exemption.

(d) Waiver of filing requirements. Upon its own motion or at the request of a petitioner, OFE may waive some or all of the regulatory requirements if the purposes of FUA would be best achieved by doing so. 88501.

4501.5 (Reserved) 8501.6 Service.

(a) DOE will serve all orders, notices interpretations or other documents that it is required to serve, personally or by mail, unless otherwise provided in these regulations.

(b) DOE will consider service upon a petitioner's duly authorized representative to be service upon the petitioner.

(c) Service by mail is effective upon mailing. (54 FR 52891, Dec. 22, 1989) 8501.7 General filing requirements.

Except as indicated otherwise, all documents required or permitted to be filed with OFE or DOE in connection with a proceeding under parts 503 and 504 shall be filled in accordance with the following provisions:

(a) Filing of documents. (1) Documents including, but not limited to, applications, requests, complaints, petitions (including petitions for exemption), and other documents submitted in connection therewith, filed with OFE are considered to be filed upon receipt.

(2) Notwithstanding the provisions of paragraph (a)(1) of this section, an ap plication for modification or rescission in accordance with subpart G of this part, a reply to a notice of violation, a response to a denial of a claim of confidentiality, or a comment submitted in connection with any proceeding

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