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(A) All gas produced by the well, (7) Mixtures of natural gas and synwhen such gas is delivered for use in thetic gas derived from alternate fuels the user's facility through a gas deliv- for which the person proposing to use ery, gathering, transportation the gas certifies to OFE that: system which could not deliver such (i) He owns, or is entitled to receive gas to any other user; or

at the point of manufacture, synthetic (B) Only that amount which repre- gas derived from alternate fuels; sents the user's net working (mineral) (ii) He delivers, or arranges for the interest in the gas produced from such

delivery of such synthetic gas to a well, where such gas is delivered for

pipeline which by transport or disuse in the user's facility through a gas

placement is capable of delivering delivery, gathering, or transportation

such synthetic gas, mixed with natural system which could deliver such gas to

gas, to facilities owned by the user; any other user.

(iii) The total annual Btu content of (ii) “Maximum efficient production

the synthetic gas delivered to a piperate“ (MEPR) means that rate at

line is equal to or greater than the which production of natural gas may

total annual Btu content of the natube sustained without damage to the

ral gas delivered to the facilities reservoir or the rate which may be

owned by the user, plus the approxisustained without damage to the ulti

mate total annual Btu content of any mate recovery of oil or gas through

natural gas consumed or lost in transthe well. (4) Occluded methane in coal seams

portation; and within the meaning of Section

(iv) All necessary permits, licenses, 107(c)(3) of the Natural Gas Policy

or approvals from appropriate FederAct of 1978 (NGPA);

al, State, and local agencies (including

Indian tribes) have been obtained for (5) The following gas from wells spudded prior to January 1, 1990:

construction and operation of the fa(i) Gas produced from geopressur

cilities for the manufacture of the synized brine, within the meaning of Sec

thetic gas involved, except that for tion 107(c)(2) of the NGPA;

purposes of the prohibition under Sec(ii) Gas produced from Devonian

tion 201(2) of FUA against powershale, within the meaning of Section

plants being constructed without the 107(c)(4) of the NGPA;

capability of using coal or another al(iii) Gas produced from tight sands,

ternate fuel, only permits, licenses, as designated by the FERC in accord

and approvals for the construction of ance with Section 107(c)(5) of the

such synthetic gas facilities shall be NGPA; and

required under this subparagraph, to (iv) Other gases designated by FERC

be certified and documented; and as “high-cost natural gas" in accord- (8) A mixture of natural gas and an ance with Section 107(c)(5) of the alternate fuel when such mixture is NGPA, except as specifically designat

deliberately created for purposes of (i) ed as “natural gas” by OFE;

Complying with a prohibition order (6)(i) Synthetic gas derived from issued pursuant to Section 301(c) of coal or other alternate fuel, the heat the Act, or (ii) Qualifying for a fuel content of which is less than 600 Btu's

mixtures exemption under the Act, per cubic foot at 14.73 pounds per

provided such exemption is granted. square inch (absolute) and 60° F; and "NEPA” means the National Envi.

(ii) Commingled natural gas and syn- ronmental Policy Act of 1969, as thetic gas derived from coal consumed amended, 42 U.S.C. 4321 et seq. as part of the necessary process of a “New electric powerplant” means major fuel burning installation used in any electric powerplant: (1) That was the iron and steel industry, so long as not classified as existing under Part the average annual Btu heat content 515 of this subchapter; (2) That was of the commingled stream as con- reconstructed, as defined in these sumed within a major fuel burning in rules under the definition of “recon.stallation does not exceed 600 Btu's struction"; or (3) For which construcper cubic foot at 14.73 pounds per tion was begun after November 9, square inch (absolute) and 60° F;

1978.

NGPA" means the Natural Gas Policy Act of 1978, 15 U.S.C. 3301 et seq.

"Nonboiler" means any powerplant which is not a boiler and consists of either a combustion turbine unit or combined cycle unit.

"Notice of violation" means a written statement issued to a person by DOE that states one or more alleged violations of the provisions of these regulations, any order issued pursuant thereto, or the Act.

"OBRA" means the Omnibus Budget Reconciliation Act of 1981, Pub. L. 97-35.

"OFE" means the Office of Fossil Energy of OFE.

"Offset" means “emission offset".

"Order" means a final disposition, other than the issuance of a rule, issued by DOE pursuant to these regulations or the Act.

"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 by-product 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 Associ. ated 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:

(i) 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 scurce 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 cases where a petitioner finds an ambiguity in a regional assignment, he shall consult with DOE for an official determination.

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. 95-620, 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)

8 500.3 Electric regions-electric region

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. 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

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 Company.

15. Kentucky Group-19.

16. Indiana Group-Indiana Utilities except AEP.

17. Ilinois-Missouri Group (ILLMO)—15, 40.

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.

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