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2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 8472 Effect of orders under section 792 of title 15 us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 92 POWERPLANT AND INDUSTRIAL FUEL USE 8472 42 U.S.C. § 8472 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s8472 data/legal/raw/us/code/title-42/usc42.xml e4697e75c4ba42341481e1b6ca1b38c9383e9d17a4554b3e42ba1182a195362f 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 65f6373b1a241542994e165576c8fe60e01d9d82b1f9b9d41f100c96f4b14807 2026-07-04 official
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42 U.S.C. § 8472 - Effect of orders under section 792 of title 15

Text

(a) Effect of construction orders 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 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 (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), of section 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.

(Pub. L. 95620, title VII, § 762(a)(c), Nov. 9, 1978, 92 Stat. 3345.)

Notes

Editorial Notes

References in TextThe effective date of this chapter, referred to in text, is the effective date of Pub. L. 95620. See section 901 of Pub. L. 95620, 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. 95620, 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.