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<br />Such an order was not mandatory, however, and ERA could consider such <br />factors as reliability of service, existing contractual arrangements, coal <br />supply, and ability to recover capital before issuing a construction order.80 <br />ESECA also contained authority to allocate coal supplies to any facility <br />which received a prohibition order. ERA could issue a supply order to <br />specific companies and determine a fair and reasonable price if the supplier <br />81 <br />and user could not reach agreement. <br /> <br /> <br />2.4.4 Powerplant and Industrial Fuel Use Act of 1978 (FUA) <br />ESECA authorities requiring fuel conversions to coal expired in Decem- <br />ber 1978. Just prior to this date, Congress enacted FUA as part of the <br />National Energy Act to continue the federal government's efforts for in- <br />creasing the use of coal. 53 <br />Generally, FUA clarifies and statutorily defines many of the program <br />elements which had been developed under ESECA. For example, while <br />exceptions to prohibition orders could be obtained under ESECA, each case <br />required a separate rule-making procedure to amend agency regulations. <br />Under FUA, uniform exemption procedures were established with eligibility <br />and filing requirements clearly defined.82 <br />Under FUA most of the regulatory burden of collecting data to identify <br />power plants and MFBl's capable of using coal and issuing a prohibition <br />order on the facility has been eliminated. FUA makes it unlawful to use <br />natural gas or petroleum as primary energy sources in new power plants <br />or MFBl's above a certain size, prohibits natural gas use in existing power <br />plants beyond 1990, restricts increased gas use in existing power plants <br />before 1990, and restricts petroleum use where coal could be used. ERA <br />retains authority to order individual or classes of facilities to convert to <br />coal use where ERA determines that it is technically and economically <br />feasible to do so. <br /> <br />2.4.5 Synthetic Fuels from Coal <br />The first Federal directive authorizing efforts to produce synthetic <br />fuels was enacted in 1919.83 This law directed the Secretary of Interior, <br /> <br />2-28 <br />