Electing Powerplant: Key Insights into Its Legal Framework
Definition & meaning
The term electing powerplant refers to an existing powerplant that meets specific criteria set forth under U.S. law. To qualify as an electing powerplant, it must:
Have received a proposed prohibition order under former section 301 (b) or (c) of the Federal Utility Act (FUA) before August 13, 1981.
File an election to continue the prohibition order proceedings under the original FUA provisions instead of the amended ones.
Additionally, powerplants with pending orders under the Energy Supply and Environmental Coordination Act (ESECA) as of August 13, 1981, may also elect to continue their proceedings under ESECA, although these are not classified as electing powerplants under FUA.
Table of content
Everything you need for legal paperwork
Access 85,000+ trusted legal forms and simple tools to fill, manage, and organize your documents.
The term electing powerplant is primarily used in energy regulation and environmental law. It is significant in the context of compliance with federal energy regulations and the management of existing powerplants facing prohibition orders. Users may encounter this term when dealing with legal forms related to energy supply compliance or environmental assessments. Legal templates from US Legal Forms can help users navigate these processes effectively.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
Example 1: A powerplant that received a prohibition order in 1980 and filed an election to continue under FUA would be considered an electing powerplant.
Example 2: A powerplant with a pending ESECA order as of August 13, 1981, may choose to continue its proceedings under ESECA, but it would not be classified as an electing powerplant under FUA. (hypothetical example)
Relevant Laws & Statutes
Key statutes related to electing powerplants include:
10 CFR 500.2 - Definitions related to energy regulations.
Federal Utility Act (FUA) - Governs the prohibition orders for powerplants.
Energy Supply and Environmental Coordination Act (ESECA) - Addresses energy supply and environmental coordination.
Comparison with Related Terms
Term
Definition
Key Differences
Prohibition Order
A legal order preventing a powerplant from operating under certain conditions.
Prohibition orders can apply to any powerplant, not just electing powerplants.
Energy Supply and Environmental Coordination Act (ESECA)
A law governing energy supply and environmental considerations.
ESECA orders are distinct from FUA orders and have different election provisions.
Common Misunderstandings
What to Do If This Term Applies to You
If you believe your powerplant may qualify as an electing powerplant, consider the following steps:
Review the prohibition order and election requirements carefully.
Consult with an attorney experienced in energy law to ensure compliance with all regulations.
Explore legal form templates available through US Legal Forms to assist with the election process.
Quick Facts
Attribute
Details
Jurisdiction
Federal
Filing Deadlines
November 30, 1981, for FUA; January 14, 1982, for ESECA
Relevance
Energy regulation and compliance
Key Takeaways
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates
This field is required
FAQs
An electing powerplant is an existing powerplant that has filed an election to continue under specific regulatory provisions rather than amended ones.
Consult the prohibition order and seek legal advice to determine if your powerplant meets the criteria for electing powerplant status.
The deadlines are November 30, 1981, for FUA orders and January 14, 1982, for ESECA orders.
