(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. I, Pg. I-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 Group-35

11. Tennessee Valley Authority (TVA)-20 12. Virginia-Carolina Group (VACAR)— 18, 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 Compa

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

26. Arizona-New Mexico Group-39, 48 within Arizona

27. Southern California-Nevada-47, 48 in Nevada and California

28. Northern California-Nevada-46 29. Alaska (non-interconnected systems to be considered separately)-49 30. Idaho-Utah Group-41

§ 500.4 Criteria for determining if an electric generating unit is jurisdictional. (a) Single units. A single electric generating unit is jurisdictional for purposes of FUA if it has a design capability of consuming any fuel or mixture as a primary energy source at a fuel heat input rate of 100 million Btu's per hour or greater;

(b) Units in combination. An electric generating unit in a combination of two or more such units located at the same site, which, in the aggregate have a design capability of 250 million. Btu's per hour or greater, may be jurisdictional where:

(1) A new unit is added to one or more existing units. (i) If one or more existing electric generating units are located on a single site and a new unit is added, ERA will aggregate towards the 250 million Btu's per hour threshold any existing unit with a heat input rate equal to or greater than 100 million Btu's per hour and the new unit provided it has a heat input rate of 50 million Btu's per hour or greater.

(ii) If a combination of existing and new electric generating units located at a single site which, when aggregated in accordance with the immediately preceding paragraph, equals or exceeds the 250 million Btu's per hour jurisdictional threshold, ERA will consider each existing electric generating unit with a heat input rate equal to or greater than 100 million Btu's per hour and each new electric generating unit with a heat input rate equal to or greater than 50 million Btu's per hour, to be subject to the Act.

(2) New units are added to new units. (i) Where one or more new units are added to new units subject to Title II of FUA, ERA will aggregate toward the 250 million Btu's per hour jurisdictional threshold all such electric generating units having a heat input rate equal to or greater than 50 million Btu's per hour.

(ii) When new units at a single site which are aggregated in accordance with the immediately preceding subparagraph equal or exceed the 250 million Btu's per hour threshold, ERA will consider each such electric generating unit at the site to be subject to Title II of the Act.

(3) All units are existing. If there are two or more existing electric generating units at a single site, ERA will aggregate towards the 250 million Btu's per hour threshold any existing unit with a heat input rate equal to or greater than 50 million Btu's per hour.

NOTE: Notwithstanding the criteria set forth above, for purposes of establishing jurisdiction, pursuant to section 103(a)(7)(A)(ii) of the Act, over two or more units in a combination which are located at the same site, such units may be included in an aggregation calculation, irrespective of their individual design capability, provided the owner or operator of such units request ERA to include such units.

§ 500.5 Criteria for determining if an industrial unit is jurisdictional.

(a) Single unit. A single industrial unit is jurisdictional for purposes of FUA if it has a design capability of consuming any fuel or mixture as a primary energy source at a fuel heat input rate of 100 million Btu's per hour or greater;

(b) Units in combination. An industrial unit in a combination with two or more such units located at the same site, which, in the aggregate have a design capability of 250 million Btu's per hour or greater, may be jurisdictional where:

(1) A new unit is added to one or more existing units. (i) If one or more existing units are located on a single site and a new unit is added, ERA will aggregate towards the 250 million Btu's per hour threshold any existing unit with a heat input rate equal to or greater than 100 million Btu's per hour and the new unit provided it has

a heat input rate of 50 million Btu's per hour or greater.

(ii) If a combination of existing and new units located at a single site which, when aggregated in accordance with the immediately preceding paragraph, equals or exceeds the 250 million Btu's per hour jurisdictional threshold, ERA will consider each existing unit with a heat input rate equal to or exceeding 100 million Btu's per hour and each new unit with a heat input rate equal to or exceeding 50 million Btu's per hour, to be subject to the Act.

(2) New units added to new units. (i) Where one or more new units are added to new units subject to Title II of FUA, ERA will aggregate towards the 250 million Btu's per hour threshold all such units having a heat input rate equal to or greater than 50 million Btu's per hour.

(ii) When new units at a single site which are aggregated in accordance with the immediately preceding paragraph equal or exceed the 250 million Btu's per hour threshold, ERA will consider each such industrial unit at the site to be subject to Title II of the Act.

(3) All units are existing. If there are two or more units at a single site, ERA will aggregate towards the 250 million Btu's per hour threshold any existing unit with a heat imput rate equal to or greater than 50 million Btu's per hour.

NOTE: Notwithstanding the criteria set forth above, for purposes of establishing jurisdiction, pursuant to section 103(a)(10)(A)(ii) of the Act, over two or more units in a combination which are located at the same site, such units may be included in an aggregation calculation, irrespective of their individual design capability, provided the owner or operator of such units requests ERA to include such units.

Sec.

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 Use of natural gas or petroleum during a temporary emergency condition pursuant to section 404(g) of the Act.

AUTHORITY: Dept. 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.); E.O. 12009, 42 FR 46267.

SOURCE: 45 FR 38286, June 6, 1980, unless otherwise noted.

Subpart A-General Provisions

§ 501.1 Purpose and scope.

Part 501 establishes the procedures to be used in proceedings before DOE under Parts 500-518 of this chapter except as otherwise provided.

§ 501.2 Prepetition conference.

(a) ERA encourages owners and operators of powerplants and MFBI's who are, or may be subject to the prohibitions set forth in FUA, and who plan to file petitions for exemptions from any applicable prohibitions, to request a prepetition conference with ERA. Generally, the purpose of the prepetition conference will be to discuss the applicability of these regulations and the scope of the petition that ERA will accept for filing. Typically, we expect the conference to consider the alternate fuels and sites, combustion technologies, energy conservation measures, scheduling of construction and other matters that should be addressed in a particular exemption petition.

(b) An owner or operator of a powerplant or MFBI who requests a prepetition conference may appear at that conference personally, or he may appoint a representative to appear on his behalf.

(c) A prepetition conference or a request for a prepetition conference does not commence a proceeding before ERA.

(d) If ERA agrees to waive any filing requirements, ERA will prepare and mail a memorandum of record, identifying any requirements which ERA

has agreed to waive to the petitioner within thirty (30) days after the prepetition conference. If the petitioner subsequently files a petition for exemption, he must attach a copy of the memorandum of record to the petition. DOE also reserves the right to request any additional information that may be necessary to act upon the petition.

(e) Because a prepetition conference is solely for the exchange of views, there will be no formal transcript, report or findings made by ERA, unless ERA, in its discretion, determines that it would be advisable. ERA will, however, place in the public file a record of any prepetition conference.

(a) Filing of petitions. The owner or operator of a powerplant or installation, or his representative may file petitions for exemptions with ERA at the address listed below. Under FUA, any administrative proceeding before ERA commences upon the acceptance (as distinguished from the filing) of a petition by ERA.

(b) Timeliness. When ERA or FUA has imposed a time limit for filing any document, that filing shall be considered to have been accomplished at the time the document is received by ERA. ERA will consider documents received after 4:30 p.m. Eastern Standard Time (EST) to have been filed on the next business day.

(c) Acknowledgement of petition. (1) ERA will acknowledge receipt of each petition or document and will notify a petitioner in writing within thirty (30) days of receipt of the petition of the exact date on which a petition has been accepted or rejected and the reasons for such rejection.

(d) Acceptance of petition. A petition and its supporting documents will be accepted by ERA if it appears to contain all the information required by ERA to make subsequent analyses and determinations as to the merits of that petition. Upon acceptance of a petition for an exemption, ERA shall publish notice in the FEDERAL REGISTER that an administrative proceeding has commenced in accordance with § 501.63. Acceptance of a petition and its sup

porting documents does not constitute or even suggest an approval of an exemption, nor does it foreclose ERA from requesting further information during the course of the proceeding. However, failure to provide the additional information could ultimately result in the denial of the request for exemption.

(e) Rejection of petition. ERA will reject a timely filed petition as unacceptable if it does not substantially meet the requirements of paragraph (d) of this section. ERA will retain at least three (3) copies of rejected petitions and documents for purposes of internal management and will return any other copies to the petitioner. In the case of existing facilities the rejection of a timely filed petition will not render a resubmitted petition untimely for purposes of filing, provided the resubmission is received by ERA within ninety (90) days from the date of rejection. The period for such resubmission may be extended for good cause shown as provided in § 501.5.

(f) Incomplete petition. A petition that substantially satisfies paragraph (d) of this section, but is otherwise incomplete because of minor deficiencies, will not be accepted or rejected. If ERA determines that a petition and its supporting documents are incomplete, it will notify the petitioner to that effect within thirty (30) days of receipt of the petition. ERA will allow ninety (90) days from the date the petition is determined to be incomplete for the petitioner to cure any defects in the petition, after which time, if not cured, the petition shall be deemed automatically rejected. Petitions cured within this time period will be considered to be accepted as provided in paragraph (d) of this section. ERA may extend the time to cure an incomplete petition for good cause shown, as provided in § 501.5.

(g) Written explanations. ERA will provide a written explanation as to the defects in any petition which has been rejected or is incomplete within thirty (30) days of ERA's receipt of the petition or as soon thereafter as practicable.

(h) Place for filing petitions. Documents must be sent to the address set forth in § 501.11. Documents sent by

wire or facsimile must be subsequently confirmed in writing.

(i) Waiver of evidentiary and other filing requirements. ERA may waive some or all of the requirements supporting a petition or other filing if it determines that the purposes of FUA are best achieved by doing so.

§ 501.4 Computation of time.

(a) Days. When ERA computes time in days under these regulations, ERA will not include the day from which a period of time begins to run. ERA will include the last day of the period, unless it is a Saturday, Sunday, or Federal legal holiday, in which case the period runs until the end of the next weekday that is not a Federal legal holiday.

(b) Additional time after service by mail. Whenever DOE serves an order, notice, interpretation or other document by mail, specifying a time period to perform an act, refrain from performing an act, or commence a proceeding, three (3) days may be added to the period prescribed.

§ 501.5 Extension of time.

ERA will grant for good cause shown, an extension of time to file a petition.