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(2) For purposes of this paragraph:

(i) “Agent” includes any employee or other person acting on behalf of the corporation on either a temporary or permanent basis; and

(ii) "Notice of noncompliance" is a final Fuel Use Order issued under $ 501.167 of this part.

8 501.182 Injunctions.

Whenever it appears to ERA that any person has committed, is committing, or is about to commit a violation of any regulation, order, rule, or exemption issued under the Act, ERA may in accordance with section 724 of the FUA bring a civil action in the appropriate district court of the United States to enjoin such acts or practices. The relief sought may include a mandatory injunction commanding any person to comply with any provision of such order, regulation, rule, exemption, or permit the violation of which is prohibited by section 724 of the FUA and may also include interim equitable relief.

8 501.181 Sanctions.

(a) General. (1) A violation of any provision of the regulations issued under the authority of the Act (other than section 402 of the FUA), or any order, rule, exemption, or permit issued pursuant thereto will be subject to the penalties and sanctions as provided in Subtitle C of Title VII of FUA.

(2) Each day, that any provision of the regulations issued under the authority of the Act or any order, rule, exemption, or permit issued pursuant thereto is violated, constitutes a separate violation within the meaning of the provisions of this section relating to civil penalties.

(b) Criminal fines. Any person who willfully violates any provision of these regulations will be subject to a fine of not more than $50,000 or imprisonment of not more than 1 year, or both, for each violation.

(c) Civil penalties. (1) Any person who willfully violates any provision will be subject to the following civil penalty which may be up to $25,000 for each violation: Any person who operates a powerplant or major fuel burning installation which exceeds the use of natural gas or petroleum allowed by an exemption granted by ERA, will be assessed a civil penalty of up to $3 per MCF of natural gas or $10 per barrel of oil that is used in excess of that allowed by the exemption.

(2) ERA may compromise and settle, and collect civil penalties whenever it considers it to be appropriate or advisable.

(d) Corporate personnel. (1) If a director, officer, or agent of a corporation willfully authorizes, orders, or performs any act or practice constituting a violation of any provision of the regulations issued under authority of the Act, or any order, rule, or exemption, or permit issued pursuant thereto, he will be subject to the penalties specified in paragraphs (b) and (c) of this section without regard to any penalties to which the corporation may be subject. He will not, however, be subject to imprisonment under paragraph (b) of this section unless he knew of noncompliance by the corporation, or had received from ERA notice of noncompliance by the corporation.

$ 501.183 Citizen suits.

(a) General. A person who believes he is aggrieved by the failure of ERA to perform any nondiscretionary act or duty under the Act may file a “Petition for Action” for ERA to take such action as he may feel to be proper. This petition must be filed at the address provided in $ 501.11. The petition must specify the action requested and set forth the facts and legal arguments that constitute the basis for the request and will serve as notice to ERA pursuant to section 725 of FUA for purposes of any citizens suit that may be subsequently filed.

(b) ERA decision. Within sixty (60) days of receiving the Petition for Action, ERA will notify the person giving notice under this section that it has instituted the action requested or that other described action is being taken, or that no action is being taken and state the reasons therefor.

Subpart M-Use of Natural Gas or

Petroleum for Emergency and Unanticipated Equipment Outage Purposes

$ 501.190 Purpose and scope.

(a) If a person operates a:

(1) Powerplant or installation covered by any of the prohibitions of Titles II, III, or IV, with the exception of Title IV, section 402, or the requirements of Title V of FUA, $ 501.191 of this subpart establishes procedures he must follow for the use of minimum amounts of natural gas or petroleum in order to alleviate or prevent unanticipated equipment outages and emergencies directly affecting the public health, safety, or welfare that would result from electric power outages under section 103(a)(15)(B) of FUA; or

(2) Peakload powerplant or an installation covered by any of the prohibitions of Titles II, III, or IV, with the exception of Title, IV, section 402, or the requirements of Title V of FUA, $ 501.192 of this part establishes procedures he must follow for the emergency use of natural gas or petroleum a primary energy source during a temporary emergency condition under section 404(g) of FUA.

(b) Explanatory note. If a person operates a rental boiler as a powerplant or installation covered by any of the prohibitions of Titles II, III, or IV except Title IV, section 402, or the requirements of Title V of FUA, he may be able to use the provisions of this subpart for the emergency use of natural gas or petroleum.

outage or to prevent or alleviate the emergency if he complies with procedures contained in paragraph (b) of this section.

(b) If the owner or operator uses minimum amounts of natural gas or petroleum for purposes specified in this section, he must:

(1) Notify ERA of such use by telegram or telephone within 24 hours after the commencement of such use;

(2) Immediately thereafter confirm such use and describe such purposes in writing, signed by a responsible official of the company; and

(3) File with ERA every thirty (30) days after notification to ERA as provided in paragraph (c)(1) of this section, a progress report describing the status of the emergency or outage condition and the continuing efforts to abate such condition. In appropriate cases, ERA may determine that such a filing is unnecessary.

(c) For purposes of this section only:

(1) An "emergency” is an unanticipated occurrence or threat of imminent occurrence of emergency which exists only when there is a direct effect on the public health, safety, or welfare which results or would result from an electric power outage;

(2) "Unanticipated equipment outage” shall mean an unexpected outage due to equipment failure.

(3) "Minimum amounts required to alleviate or prevent” shall mean:

(i) For powerplants, the amounts of natural gas or petroleum required to prevent curtailment by the operating utility of noninterruptible electric supply to industrial customers where such utility has, to the maximum extent possible, utilized alternate fuelfired capacity to prevent such curtailment; and

(ii) For installations, the amounts of natural gas or petroleum required to meet plant protection or human health and safety needs, including services to hospitals, public transportation facilities, sanitation, or water supply and pumping.

an

as

$ 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.

(a) In the event of the occurrence or imminent occurrence of an emergency, or of the occurrence or imminent occurrence of an unanticipated equipment outage in the unit, an owner or operator of a powerplant or installation is automatically permitted to use minimum amounts of natural gas or petroleum in the unit or in a substitute unit to prevent or alleviate the

80-029 0-81--4

$ 501.192 Use of natural gas or petroleum

during a temporary emergency condition pursuant to section 404(g) of the

Act. (a) For purpose of this section only, a "temporary emergency condition" ("emergency”) is an unanticipated occurrence which exists when:

(1) For installations, the use of natural gas or petroleum is necessary for purposes of:

(i) Plant protection; (ii) Preservation of human health; or

(iii) Continued production that would otherwise be reduced as a result of an interruption of alternate fuel supplies, equipment failures, imminent equipment failures or temporary environmental restrictions; and

(2) For peakload powerplants, the operating utility would be required to curtail noninterruptable electric supply to its industrial customers.

(b) Where the owner or operator is eligible to use natural gas or petroleum for emergency purposes, in the alternative, under this section or under $ 501.191 of this subpart, he may use the procedures provided in $ 501.191.

(c) In the event of occurrence of a temporary emergency condition, the owner or operator is automatically permitted to use natural gas or petroleum in his peakload powerplant or installation or in a substitute unit until the termination of the emergency condition, a period not to exceed twentyfour (24) months, if he:

(1) Notifies ERA by telegram or telephone within twenty-four (24) hours after the commencement of the emergency condition that he requires such emergency use of natural gas or petroleum;

(2) Immediately thereafter confirms such use in writing, signed by the responsible officer of the company; and

(3) Is not notified in writing by ERA during such period that the emergency condition:

(i) Has terminated; or

(ii) Does not otherwise warrant the use of natural gas or petroleum involved.

(d) Every thirty (30) days after notification, as provided in paragraph (c)(1), the owner or operator must file with ERA a written statement certi

fied by the responsible officer of his company detailing the circumstances of the continuing emergency condition including, a description of the units in which he is using natural gas or petroleum for such condition, and the extent of such use. In appropriate cases, ERA may determine such a filing is unnecessary.

(e) At the end of the first month of the emergency condition the owner or operator must file with ERA a written statement certified by the responsible officer of his company, detailing the plans to end the emergency condition, including an estimate of the time pe for which he will be required to operate the facility using natural gas or petroleum as a primary energy source, and the projected extent of such use.

(f) If the emergency condition has terminated, the owner or operator must file with ERA a written statement, certified by the responsible office of his company indicating the day on which the facility returned to normal operation.

(g) The administrative provisions of section 701 of FUA do not apply to this section.

(h) Any hours of emergency operation allowed under this section shall not be included in a peakload powerplant's operating hours for purposes of penalties set forth in section 723(b) of FUA, and any reporting requirements or conditions imposed under any peakload or emergency exemption under FUA are independent of any requirements imposed under this section. Additionally, any consumption of petroleum or natural gas, during any periods of emergency operation allowed under this section, are independent of any reporting requirements or conditions of use imposed by any exemption granted under FUA.

PART 503–NEW FACILITIES

Subpart A-Prohibitions

Sec. 503.1 Purpose and scope. 503.2 Prohibitions (powerplants). 503.3 Prohibitions (installations).

Subpart B-General Requirements for

Exemptions

Sec. 503.44 Product or process requirements.

[Reserved) 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 4267, Sept. 15, 1977.

SOURCE: 45 FR 38308, June 6, 1980, unless otherwise noted.

Subpart A-Prohibitions

Sec. 503.4 Purpose and scope. 503.5 Contents of petition. 503.6 Cost calculations for new power

plants and installations. 503.7 State approval-general requirement

for new powerplants. 503.8 No alternate power supply-general

requirement for certain exemptions for

new powerplants. 503.9 Use of mixtures-general require

ment for certain permanent exemptions. 503.10 Use of fluidized bed combustion not

feasible-general requirement for per

manent exemptions. 503.11 Alternative sites-general require

ment for permanent exemptions for new

powerplants. 503.12 Terms and conditions; compliance

plans. 503.13 Conservation measures. 503.14 Petroleum and natural gas con

sumption. 503.15 Environmental impact analysis. 503.16 Fuels search.

8 503.1 Purpose and scope.

This subpart sets forth the statutory prohibitions imposed by the Act upon new powerplants and major fuel burning installations (MFBI's). The prohibitions in this subpart apply to all new electric powerplants and MFBI's unless an exemption has been granted by ERA under Subparts C and D of this part. Any person who owns, controls, rents, leases or operates a new powerplant or MFBI which is subject to the prohibitions may be subject to sanctions provided by the Act of these regulations.

Subpart C—Temporary Exemptions for New

Facilities

503.20 Purpose and scope. 503.21 Lack of alternate fuel supply. 503.22 Site limitations. 503.23 Inability to comply with applicable

environmental requirements. 503.24 Future use of synthetic fuels. 503.25 Public interest.

Subpart D-Permanent Exemptions for New

Facilities

503.30 Purpose and scope. 503.31 Lack of alternate fuel supply for the

first 10 years of useful life. 503.32 Lack of alternate fuel supply at a

cost which does not substantially exceed

the cost of using imported petroleum. 503.33 Site limitations. 503.34 Inability to comply with applicable

environmental requirements. 503.35 Inability to obtain adequate capital. 503.36 State or local requirements. 503.37 Cogeneration. 503.38 Permanent exemption for certain

fuel mixtures containing natural gas or

petroleum. 503.39 Emergency purposes. 503.40 Permanent exemption for power

plants necessary to maintain reliability

of service. 503.41 Peakload powerplants. 503.42 Intermediate load powerplants. 503.43 Scheduled equipment outages for

installations.

$ 503.2 Prohibitions (powerplants).

(a) Section 201 of the Act prohibits, unless an exemption has been granted under Subparts C or D of this part, the following:

(1) The use of petroleum or natural gas as a primary energy source in any new electric powerplant; and

(2) The construction of any new powerplant without the capability to use an alternate fuel as a primary energy source.

(b) For purposes of the prohibition set forth in paragraph (a)(2) of this section a powerplant will be considered to be constructed with the capability to use an alternate fuel if it is able to use, in compliance with applicable environmental requirements, an alternate fuel as a primary energy source at the time it becomes operational or at the expiration of a temporary exemption.

$ 503.3 Prohibitions.

(a) Prohibition on the use of natural gas or petroleum as a primary energy source in boilers. Section 202(a) of the

Act prohibits, unless an exemption has consists of a combustion turbine unit, been granted under Subpart C or D of combined cycle unit or internal comthis part, the use of petroleum or nat- bustion engine, if that installation has ural gas as a primary energy source in not been identified as a member of a any new MFBI which consists of a category subject to a final rule in acboiler.

cordance with $ 503.3(b)(1)(i) at the (b) Prohibition on the use of natural time of the issuance of the proposed gas or petroleum as a primary energy order. source in nonboilers—(1) Prohibition (ii) ERA shall not issue a final order by rule. (i) ERA may prohibit, by issu- to an installation covered by this subance of a rule, the use of petroleum or section if it can be demonstrated that natural gas as a primary energy source the installation is eligible for an exby certain prescribed categories of new emption. However, if the installation MFBI's which consist of a combustion is eligible only for a temporary exempturbine unit, combined cycle unit or tion, ERA may issue a final order that internal combustion engine.

will take effect at the expiration of (ii) In any such rulemaking proceed- the temporary exemption. ing, ERA will consider any special cir- (iii) If ERA does not issue a final cumstances or characteristics of the prohibition order because a facility category of such MFBI's that would qualifies for a permanent exemption, be prohibited from using natural gas or, if the effective date of the order is or petroleum as a primary energy delayed during the period that a temsource. Factors to be considered in- porary exemption is effective, ERA clude the overall technical capability shall take appropriate action to assure of units within the category to burn compliance with the same require. an alternate fuel, as well as the size ments including terms and conditions, and geographic location of such units. if any, or would have been contained ERA will consider all other circum- in an order if an exemption would stances, characteristics, and factors it have been granted. deems relevant and appropriate that (3) Limitation. ERA may not proare brought to its attention.

hibit the use of petroleum or natural (iii) Application of a final rule pro- gas in an installation covered by this mulgated under this subsection shall subsection if acquisition or construcbe stayed with respect to an installa- tion of such installation was begun tion subject to such rule while ERA is before the date the proposed rule or considering a petition for an exemp- proposed order containing the prohibition which is filed in accordance with tion was published. Under such cirSubpart F of Part 501 within 60 days cumstances, ERA will consider the inafter publication of the final rule in stallation to be an “existing” installathe FEDERAL REGISTER. The stay will tion for purposes of Title III of the remain in effect pending judicial Act. review of ERA's action upon such exemption petition.

Subpart B-General Requirements for (iv) No final rule will apply to an installation that:

Exemptions (A) Has received any final order con

8 503.4 Purpose and scope. taining a comparable prohibition;

(B) Has received a proposed order This subpart establishes the general but did not receive a final order be- requirements necessary to qualify for cause of a demonstration that the in- either a temporary or permanent exstallation qualified or would have emption under this part and sets out qualified for an exemption under the the methodology for calculating the Act; or

cost of using an alternate fuel and the (C) Has been granted an exemption cost of using imported petroleum. in accordance with Subparts C and D; (2) Prohibition by order. (i) ERA

8 503.5 Contents of petition. may prohibit, by order, the use of nat- Before ERA will accept a petition ural gas or petroleum as a primary for either a temporary or permanent energy source in an installation which exemption under this part, the peti

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