517 - Conversion of electric generating units fueled by oil or natural gas.

     § 517.  Conversion of electric generating units fueled by oil or                natural gas.        (a)  Order by commission.--Whenever the commission determines     that conversion of an oil or a natural gas-fueled electric     generating unit to coal, a synthetic derived in whole or in part     from coal or a mixture which includes coal or is derived in     whole or in part from coal is economically and technologically     feasible, the commission shall issue an order to the affected     public utility to show cause why the commission should not order     the conversion of that unit. The commission shall subsequently     issue an order requiring the conversion of that unit unless the     affected public utility proves, and the commission finds, any of     the following:            (1)  Conversion of the unit is not technologically        feasible.            (2)  The unit, if converted, could not be operated in        compliance with present and reasonably anticipated        environmental laws and regulations.            (3)  There is a strong probability that the conversion        and subsequent operation of the converted unit would be more        costly to ratepayers over the remaining useful life of the        converted unit than would continued operation as an oil or a        natural gas-fueled unit.        (b)  Environmental questions.--The commission may certify, to     the Department of Environmental Resources, any question     regarding the applicability of environmental laws and     regulations, when the question arises in a proceeding under this     section, and may incorporate the department's findings in its     decision.        (c)  Mixture with oil or natural gas.--For purposes of this     section, the phrase "mixture which includes coal or is derived     in whole or in part from coal" includes, but is not limited to,     both the intermittent and the simultaneous burning of oil or     natural gas with coal or a coal derivative if the intermittent     or simultaneous burning of oil or natural gas would:            (1)  lower the cost, to the ratepayers, of using coal or        a coal derivative; or            (2)  enable coal or a coal derivative to be burned in        compliance with present and reasonably anticipated        environmental laws and regulations.        (d)  Recovery of conversion costs.--Notwithstanding any other     provision of this title, if the commission, acting pursuant to     this section, issues an order requiring the conversion of an oil     or a natural gas-fueled unit, the affected utility shall be     permitted to recover all reasonable and prudent costs associated     with the conversion even if the conversion or continued     operation of the converted unit is ultimately prevented by     factors beyond the utility's control. The affected utility shall     be permitted to include in its rate base, or otherwise in its     rates during construction, such reasonable and prudent costs of     construction associated with the conversion.        (e)  Availability of funds.--(Repealed).     (Dec. 21, 1984, P.L.1240, No.234, eff. imd.; Dec. 21, 1984,     P.L.1270, No.241, eff. imd.; July 3, 1986, P.L.348, No.80, eff.     60 days; July 10, 1986, P.L.1238, No.114, eff. imd.)        1986 Repeal Notes.  Act 80 repealed subsec. (e) and Act 114     repealed subsec. (e).        1984 Amendments.  Acts 234 and 241 added section 517. The     amendments by Acts 234 and 241 are identical and therefore have     been merged.        References in Text.  The Department of Environmental     Resources, referred to in subsec. (b), was abolished by Act 18     of 1995. Its functions were transferred to the Department of     Conservation and Natural Resources and the Department of     Environmental Protection.