Any electric powerplant or major fuel-burning installation issued an order pursuant to section
792(c) of title
15 that is pending on the effective date of this chapter shall, notwithstanding the provisions of such section
792(c) or any other provision of this chapter, be subject to the provisions of this chapter as if it were a new electric powerplant or new major fuel-burning installation, as the case may be, except that if such order became final before such date, the provisions of subchapter II of this chapter shall not apply to such powerplant or installation.
(b) Effect of prohibition orders
The provisions of subchapters II and III of this chapter shall not apply to any powerplant or installation for which an order issued pursuant to section
792(a) of title
15 before the effective date of this chapter is pending or final or which, on review, was held unlawful and set aside on the merits; except that any installation issued such an order under such section
792(a) which is pending on the effective date of this chapter may elect to be covered by subchapter II or III of this chapter (as the case may be) rather than such section
792. Such an election shall be irrevocable and shall be made in such form and manner as the Secretary shall, within 90 days after November 9, 1978, prescribe. Such an election shall be made not later than 60 days after the date on which the Secretary prescribes the form and manner of making such election.
(c) Validity of orders
The preceding provisions of this chapter shall not affect the validity of any order issued under subsection (a), or any final order under subsection (c), ofsection
792 of title 15, and the authority of the Secretary to amend, repeal, rescind, modify, or enforce any such order, or rules applicable thereto, shall remain in effect notwithstanding any limitation of time otherwise applicable to such authority. Except as provided in this section, the authority of the Secretary under section
792 of title
15 shall terminate on the effective date of this chapter.
The effective date of this chapter, referred to in text, is the effective date of Pub. L. 95–620. See section 901 ofPub. L. 95–620, set out as an Effective Date note under section
8301 of this title.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section
8301 of this title and Tables.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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