---
kind: "section"
citation: "10 C.F.R. § 503.31"
title: "10"
number: "503.31"
heading: "Lack of alternate fuel supply for the first 10 years of useful life."
url: "https://uscodex.org/cfr/10/503.31"
---

# §503.31. Lack of alternate fuel supply for the first 10 years of useful life.

- (a) **Eligibility.** Section 212(a)(1)(A)(i) of the Act provides for a permanent exemption due to lack of an adequate and reliable supply of alternate fuel within the first 10 years of useful life of the proposed unit. To qualify, a petitioner must certify that:
  - (1) A good faith effort has been made to obtain an adequate and reliable supply of an alternate fuel for use as a primary energy source of the quality and quantity necessary to conform with the design and operational requirements of the unit;
  - (2) Such a supply is not likely to be available within the first 10 years of useful life of the proposed unit;
  - (3) No alternate power supply exists, as required under [§ 503.8](/cfr/10/503.8.md) of these regulations;
  - (4) Use of mixtures is not feasible, as required under [§ 503.9](/cfr/10/503.9.md) of these regulations; and
  - (5) Alternative sites are not available, as required under [§ 503.11](/cfr/10/503.11.md) of these regulations.
- (b) **Evidence required in support of a petition.** A petition must include the following evidence in order to make the demonstration required by this section:
  - (1) Duly executed certifications required under [paragraph (a)](#a) of this section;
  - (2) Exhibits containing the basis for the certifications required under [paragraph (a)](#a) of this section (including those factual and analytical materials deemed by the petitioner to be sufficient to support the granting of this exemption);
  - (3) Environmental impact analysis, as required under [§ 503.13](/cfr/10/503.13.md) of these regulations; and
  - (4) Fuels search, as required under [§ 503.14](/cfr/10/503.14.md) of these regulations.

## Notes

### Amendments

[46 FR 59903, Dec. 7, 1981, as amended at 54 FR 52895, Dec. 22, 1989]

### Authority

Authority: Department of Energy Organization Act, Pub. L. 95-91, 91 Stat. 565 (42 U.S.C. § 7101 et seq. ); Powerplant and Industrial Fuel Use Act of 1978, Pub. L. 95-620, 92 Stat. 3289 (42 U.S.C. 8301 et seq. ); Energy Security Act, Pub. L. 96-294, 94 Stat. 611 (42 U.S.C. 8701 et seq. ); E.O. 1209, 42 FR 46267, September 15, 1977.

### Source

Source: 46 FR 59903, Dec. 7, 1981, unless otherwise noted.

### Amendments

[46 FR 59903, Dec. 7, 1981, as amended at 54 FR 52895, Dec. 22, 1989]