42 U.S.C. § 8302: Definitions

The term “Secretary” means the Secretary of Energy. The term “person” means any (A) individual, corporation, company, partnership, association, firm, institution, society, trust, joint venture, or joint stock company, (B) any State, the District of Columbia, Puerto Rico, and any territory or possession of the United States, or (C) any agency or instrumentality (including any municipality) thereof. natural gas; liquid petroleum gas; synthetic gas derived from petroleum or natural gas liquids; or any mixture of natural gas and synthetic gas. natural gas which is commercially unmarketable (either by reason of quality or quantity), as determined under rules prescribed by the Secretary; natural gas produced by the user from a well the maximum efficient production rate of which is less than 250 million Btu’s per day; natural gas to the extent the exclusion of such gas is provided for in subsection (b); or synthetic gas, derived from coal or other alternate fuel, the heat content of which is less than 600 Btu’s per cubic foot at 14.73 pounds per square inch (absolute) and 60 degrees Fahrenheit. synthetic gas derived from crude oil; liquid petroleum gas; liquid, solid, or gaseous waste byproducts of refinery operations which are commercially unmarketable, either by reason of quality or quantity, as determined under rules prescribed by the Secretary; or petroleum coke or waste gases from industrial operations. The term “coal” means anthracite and bituminous coal, lignite, and any fuel derivative thereof. petroleum coke, shale oil, uranium, biomass, and municipal, industrial, or agricultural wastes, wood, and renewable and geothermal energy sources; liquid, solid, or gaseous waste byproducts of refinery or industrial operations which are commercially unmarketable, either by reason of quality or quantity, as determined under rules prescribed by the Secretary; and waste gases from industrial operations. has the design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 100 million Btu’s per hour or greater; or is in a combination of two or more electric generating units which are located at the same site and which in the aggregate have a design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 250 million Btu’s per hour or greater. any electric generating unit subject to the licensing jurisdiction of the Nuclear Regulatory Commission; and any cogeneration facility, less than half of the annual electric power generation of which is sold or exchanged for resale, as determined by the Secretary. For purposes of clause (ii) of subparagraph (A), there shall be excluded any unit which has a design capability to consume any fuel (including any mixture thereof) that does not equal or exceed 100 million Btu’s per hour and the exclusion of which for purposes of such clause is determined by the Secretary, by rule, to be appropriate. any electric powerplant for which construction or acquisition began on a date on or after November 9, 1978 ; and adversely affecting electric system reliability (as determined by the Secretary after consultation with the Federal Energy Regulatory Commission and the appropriate State authority), or imposing substantial financial penalty (as determined under rules prescribed by the Secretary). The term “existing electric powerplant” means any electric powerplant other than a new electric powerplant. Any powerplant treated under this chapter as an existing electric powerplant shall not be treated thereafter as a new electric powerplant merely by reason of a transfer of ownership. has a design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 100 million Btu’s per hour or greater; or is in a combination of two or more such units which are located at the same site and which in the aggregate have a design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 250 million Btu’s per hour or greater. any electric powerplant; or any pump or compressor used solely in connection with the production, gathering, transmission, storage, or distribution of gases or liquids, but only if there is certification to the Secretary of such use (in accordance with rules prescribed by the Secretary). For purposes of clause (ii) of subparagraph (A), there shall be excluded any unit which has a design capability to consume any fuel (including any mixture thereof) that does not equal or exceed 100 million Btu’s per hour and the exclusion of which for purposes of such clause is determined by the Secretary, by rule to be appropriate. any major fuel-burning installation on which construction or acquisition began on a date on or after November 9, 1978 ; and incurring significant operational detriment of the unit (as determined by the Secretary); or imposing substantial financial penalty (as determined under rules prescribed by the Secretary). The term “existing major fuel-burning installation” means any installation which is not a new major fuel-burning installation. on or above the Continental Shelf of the United States, or on wetlands areas adjacent to the Continental Shelf of the United States, Any installation treated as an existing major fuel-burning installation shall not be treated thereafter as a new major fuel-burning installation merely by reason of a transfer of ownership. construction in accordance with final drawings or equivalent design documents (as defined by the Secretary, by rule) began on or after that date; or without imposing substantial financial penalty, as determined under rules prescribed by the Secretary; and in the case of a powerplant, without adversely affecting electric system reliability (as determined by the Secretary after consultation with the Federal Energy Regulatory Commission and the appropriate State authority). The term “construction” means substantial onsite construction or reconstruction, as defined by rule by the Secretary. the minimum amounts of fuel required for unit ignition, startup, testing, flame stabilization, and control uses, and the minimum amounts of fuel required to alleviate or prevent (i) unanticipated equipment outages and (ii) emergencies directly affecting the public health, safety, or welfare which would result from electric power outages. inaccessibility to coal or other alternate fuels; lack of transportation facilities for coal or other alternate fuels; lack of adequate land or facilities for the handling, use, and storage of coal or other alternate fuels; lack of adequate land or facilities for the control or disposal of wastes from such powerplant, including lack of pollution control equipment or devices necessary to assure compliance with applicable environmental requirements; and lack of an adequate and reliable supply of water, including water for use in compliance with applicable environmental requirements. any standard, limitation, or other requirement established by or pursuant to Federal or State law (including any final order of any Federal or State court) applicable to emissions of environmental pollutants (including air and water pollutants) or disposal of solid waste residues resulting from the use of coal or other alternate fuels or natural gas or petroleum as a primary energy source or from the operation of pollution control equipment in connection with such use, taking into account any variance of law granted or issued in accordance with Federal law or in accordance with State law to the extent consistent with Federal law; and any other standard, limitation, or other requirement established by, or pursuant to, the Clean Air Act [ 42 U.S.C. 7401 et seq.], the Federal Water Pollution Control Act [ 33 U.S.C. 1251 et seq.], the Solid Waste Disposal Act [ 42 U.S.C. 6901 et seq.], or the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 et seq.]. The term “peakload powerplant” means a powerplant the electrical generation of which in kilowatt hours does not exceed, for any 12-calendar-month period, such powerplant’s design capacity multiplied by 1,500 hours. The term “intermediate load powerplant” means a powerplant (other than a peakload powerplant), the electrical generation of which in kilowatt hours does not exceed, for any 12-calendar-month period, such powerplant’s design capacity multiplied by 3,500 hours. The term “base load powerplant” means a powerplant the electrical generation of which in kilowatt hours exceeds, for any 12-calendar-month period, such powerplant’s design capacity multiplied by 3,500 hours. Not later than 90 days after November 9, 1978 , the Federal Energy Regulatory Commission shall prescribe rules under which a powerplant’s design capacity may be determined for purposes of this paragraph. electric power; and any other form of useful energy (such as steam, gas, or heat) which is, or will be, used for industrial, commercial, or space heating purposes. The term “cost”, unless the context indicates otherwise, means total costs (both operating and capital) incurred over the estimated remaining useful life of an electric powerplant, discounted to present value, as determined by the Secretary (in the case of powerplants, in consultation with the State regulatory authorities). In the case of an electric powerplant, such costs shall take into account any change required in the use of existing electric powerplants in the relevant dispatching system and other economic factors which are included in planning for the production, transmission, and distribution of electric power within such system. The term “State regulatory authority” means any State agency which has ratemaking authority with respect to the sale of electricity by any State regulated electric utility. The term “air pollution control agency” has the same meaning as given such term by section 302(b) of the Clean Air Act [ 42 U.S.C. 7602(b) ]. The term “electric utility” means any person, including any affiliate, or Federal agency which sells electric power. The term “affiliate”, when used in relation to a person, means another person which controls, is controlled by, or is under common control with, such person. the Congress; the courts of the United States; the governments of the territories or possessions of the United States; and the government of the District of Columbia. The term “Btu” means British thermal unit. the term “Mcf” means, when used in relation to natural gas, 1,000 cubic feet of natural gas. The term “mixture”, when used in relation to fuels used in a unit, means a mixture of such fuels or a combination of such fuels used simultaneously or alternately in such unit. The term “fluidized bed combustion” means combustion of fuel in connection with a bed of inert material, such as limestone or dolomite, which is held in a fluid-like state by the means of air or other gases being passed through such materials. such person owns, or is entitled to receive, at the point of manufacture, synthetic gas derived from coal or another alternate fuel; the Btu content of such synthetic gas is equal to, or greater than, the Btu content of the natural gas to be covered by this subsection by reason of such certification, plus the approximate Btu content of any natural gas consumed or lost in transportation; such person delivers, or arranges for the delivery of, such synthetic gas to a pipeline or pipelines which by transport or displacement are capable of delivering such synthetic gas, mixed with natural gas, to such person; and all necessary permits, licenses, or approvals from appropriate Federal, State, and local agencies (including Indian tribes) have been obtained for construction and operation of the facilities for the manufacture of the synthetic gas involved. the source, amount, quality, and point of delivery to the pipeline of the synthetic gas to which paragraph (1) applied during the annual period ending with the calendar month preceding the date of such report; and the amount, quality, and point of delivery by the pipeline to such person of the natural gas covered by paragraph (1) which is used by the person during such annual period. Repealed. Pub. L. 100–42, § 1(c)(2)(H) , May 21, 1987 , 101 Stat. 310 . For purposes of this subsection, the term “pipeline” means any interstate or intrastate pipeline or local distribution company.