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Title: Current legal and institutional issues in the commercialization of phosphoric-acid fuel cells

Technical Report ·
DOI:https://doi.org/10.2172/5205360· OSTI ID:5205360

This report identifies and assesses legal and institutional factors affecting the development and commercial diffusion of phosphoric acid fuel cells, and suggests issues for future research and action. Perceived barriers and potential opportunities for fuel cells in central and dispersed utility operations and on-site applications are reviewed, as well as the general concept of commercialization as applied to emerging energy technologies. Federal fuel use and pricing policies under the Powerplant and Industrial Fuel Use Act of 1978 and the Natural Gas Policy Act are found not to prohibit or seriously deter the use of natural gas or petroleum derivatives in most fuel cell applications. The Public Utility Regulatory Policies Act of 1978, requiring electric utilities to purchase power from qualifying cogenerators at their avoided cost, provides attractive opportunities to leverage the value of fuel cells in certain settings, and has important implications for demonstration and market assessment activities, as well as for the design and sizing of fuel cell systems. Clean Air Act regulations permit the fuel cell's low-polluting characteristics to be translated into tangible economic value, especially for larger fuel cell applications in regions with poor air quality and active offset trading and banking programs. These findings, too, bear on market assessment activities. The legal and regulatory barriers and opportunities examined have differing implications for different participants in fuel cell commercialization. Specific issues relevant to particular groups are examined and recommendations for action are offered.

Research Organization:
California Univ., Berkeley (USA). Earl Warren Legal Inst.
DOE Contract Number:
AI01-80ET17088
OSTI ID:
5205360
Report Number(s):
DOE/NASA/0111-1; NASA-CR-167867; ON: DE82018308
Resource Relation:
Other Information: Portions of document are illegible
Country of Publication:
United States
Language:
English