Prohibitions by order (case-by-case).

CFR · 2024-01-01 · US · Title 10

(a) OFP may prohibit, by order, the use of natural gas or petroleum as a primary energy source in existing powerplants under certain circumstances. In the case of certifying powerplants under section 301 of the Act, as amended, the petitioner must present evidence to support the certification, required by § 504.6 (c), (d), (e), and (f). In the case of electing powerplants, OFP must make the following findings required by § 504.6 (c), (d), (e), and (f), in order to issue a prohibition order to the unit, pursuant to former section 301 (b) or (c): (1) The unit currently has, or previously had, the technical capability to use an alternate fuel as a primary energy source; (2) The unit has this technical capability now, or it could have the technical capability without: (i) A substantial physical modification of the unit; or (ii) A substantial reduction in the rated capacity of the unit; and (3) It is financially feasible for the unit to use an alternate fuel as its primary energy source. (b) In the case of electing powerplants, OFP must make a proposed finding regarding the technical capability of a unit to use alternate fuel as identified in paragraph (a) (1) of this section prior to the date of publication of the notice of the proposed prohibition. OFP will publish this finding in (c) (2) OFP considers that a unit “had” the technical capability to use an alternate fuel if the unit was once able to burn that fuel (regardless of whether the unit was expressly designed to burn that

official document · source cfr-2024 · id 10:§ 504.6