S.Amdt. 959

SA 959. Mr. ROCKEFELLER (for himself, Mr. Bunning, and Mr. Byrd) submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 35 (of title XV as agreed to), strike lines 10 through 16, and insert the following:

“(A) Application period.--Each applicant for certification under this paragraph shall submit an application meeting the requirements of subparagraph (B). An applicant may only submit an application during the 3-year period beginning on the date the Secretary establishes the program under paragraph (1).

“(B) Requirements for applications for certification.--An application under subparagraph (A) shall contain such information as the Secretary may require in order to make a determination to accept or reject an application for certification as meeting the requirements under subsection (e)(1). Any information contained in the application shall be protected as provided in section 552(b)(4) of title 5, United States Code.

“(C) Time to act upon applications for certification.--The Secretary shall issue a determination as to whether an applicant has met the requirements under subsection (e)(1) within 60 days following the date of submittal of the application for certification.

“(D) Time to meet criteria for certification.--Each applicant for certification shall have 2 years from the date of acceptance by the Secretary of the application during which to provide to the Secretary evidence that the criteria set forth in subsection (e)(2) have been met.

“(E) Period of issuance.--An applicant which receives a certification shall have 5 years from the date of issuance of the certification in order to place the project in service and if such project is not placed in service by that time period then the certification shall no longer be valid.”.

On page 36 (of title XV as agreed to), strike lines 14 through 23.

On page 36 (of title XV as agreed to), line 24, strike “(6)” and insert “(5)”.

On page 37 (of title XV as agreed to), line 16, strike “commitment”.

On page 37, line 17, strike “(e)(4)(B)” and insert “paragraph (2)”.

On page 37 (of title XV as agreed to), line 19, strike “(f)(2)(B)(ii)” and insert “paragraph (2)(D)”.

On page 37 (of title XV as agreed to), line 20, strike “commitment”.

On page 37, between lines 22 and 23, insert the following:

“(C) Reallocation.--If the Secretary determines that megawatts under clause (i) or (ii) of paragraph (3)(B) are available for reallocation pursuant to the requirements set forth in paragraph (2), the Secretary is authorized to conduct an additional program for applications for certification.”.

On page 38 (of title XV as agreed to), line 7, strike “or polygeneration”.

On page 38 (of title XV as agreed to), beginning with line 13 strike all through page 39, line 25, and insert the following:

“(C) the project, consisting of one or more electric generation units at one site, will have a total nameplate generating capacity of at least 400 megawatts;

“(D) the applicant demonstrates that there is a letter of intent signed by an officer of an entity willing to purchase the majority of the output of the project or signed by an officer of a utility indicating that the electricity capacity addition is consistent with that utility's integrated resource plan as approved by the regulatory or governing body that oversees electricity capacity allocations of the utility;

“(E) there is evidence of ownership or control of a site of sufficient size to allow the proposed project to be constructed and to operate on a long-term basis; and

“(F) the project will be located in the United States.

“(2) Requirements for certification.--For the purpose of subsection (d)(2)(D), a project shall be eligible for certification only if the Secretary determines that--

“(A) the applicant for certification has received all Federal and State environmental authorizations or reviews necessary to commence construction of the project; and

“(B) the applicant for certification, except in the case of a retrofit or repower of an existing electric generation unit, has purchased or entered into a binding contract for the purchase of the main steam turbine or turbines for the project, except that such contract may be contingent upon receipt of a certification under subsection (d)(2).”.

On page 40 (of title XV as agreed to), strike “(2)” and insert “(3)”.

On page 40 (of title XV as agreed to), line 4, strike “subsection (d)(3)(B)(i)” and insert “subsection (d)(2)”.

On page 40 (of title XV as agreed to), beginning with line 19, strike all through page 42, line 6.

On page 42 (of title XV as agreed to), line 18, strike “the vendor warrants that”.

On page 44, after line 25, insert the following:

“(h) Applicability.--No use of technology (or level of emission reduction solely by reason of the use of the technology), and no achievement of any emission reduction by the demonstration of any technology or performance level, by or at one or more facilities with respect to which a credit is allowed under this section, shall be considered to indicate that the technology or performance level is--

“(1) adequately demonstrated for purposes of section 111 of the Clean Air Act (42 U.S. C. 7411);

“(2) achievable for purposes of section 169 of that Act (42 U.S. C. 7479); or

“(3) achievable in practice for purposes of section 171 of such Act (42 U.S.C. 7501).