TITLE 10 - ENERGY

CHAPTER II - DEPARTMENT OF ENERGY

SUBCHAPTER E - ALTERNATE FUELS

PART 503 - NEW FACILITIES

subpart d - PERMANENT EXEMPTIONS FOR NEW FACILITIES

503.32 - Lack of alternate fuel supply at a cost which does not substantially exceed the cost of using imported petroleum.

  (a) Eligibility. Section 212(a)(1) (A)(ii) of the Act provides for a permanent exemption due to lack of an alternate fuel supply at a cost which does not substantially exceed the cost of using imported petroleum. To qualify a petitioner must certify that: (1) A good faith effort has been made to obtain an adequate and reliable supply of an alternate fuel for use as a primary energy source of the quality and quantity necessary to conform with the design and operational requirements of the proposed unit; (2) The cost of using such a supply would substantially exceed the cost of using imported petroleum as a primary energy source during the useful life of the proposed unit as defined in 503.6 (cost calculation) of these regulations; (3) No alternate power supply exists, as required under 503.8 of these regulations.

  (4) Use of mixtures is not feasible, as required under 503.9 of these regulations; and (5) Alternative sites are not available, as required under 503.11 of these regulations.

  (b) Evidence required in support of a petition. The petition must include the following evidence in order to make the demonstration required by this section: (1) Duly executed certifications required under paragraph (a) of this section; (2) Exhibits containing the basis for certifications required under paragraph (a) of this section (including those factual and analytical materials deemed by the petitioner to be sufficient to support the granting of this exemption); (3) Environmental impact analysis, as required under 503.13 of these regulations; (4) Fuels search, as required under 503.14 of these regulations; and (5) All data required by 503.6 (cost calculation) of these regulations necessary for computing the cost calculation formula.

[46 FR 59903, Dec. 7, 1981, as amended at 47 FR 15315, Apr. 9, 1982; 54 FR 52895, Dec. 22, 1989]