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.

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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)

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.

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

Frequently asked questions

An electing powerplant is an existing powerplant that has filed an election to continue under specific regulatory provisions rather than amended ones.