[Congressional Record Volume 158, Number 33 (Thursday, March 1, 2012)]
[Senate]
[Pages S1196-S1199]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. BINGAMAN (for himself, Mr. Wyden, Mr. Sanders, Mr. Udall
of Colorado, Mr. Franken, Mr. Coons, Mr. Kerry, Mr. Whitehouse,
and Mr. Udall of New Mexico):
S. 2146. A bill to amend the Public Utility Regulatory Policies Act
of 1978 to create a market-oriented standard for clean electric energy
generation, and for other purposes; to the Committee on Energy and
Natural Resources.
Mr. BINGAMAN. Mr. President, let me take a few minutes to describe
this legislation for my colleagues and, hopefully, urge them to
seriously consider the legislation. It is introduced by me with several
cosponsors: Senator Wyden, Senator Sanders, Senator Mark Udall of
Colorado, Senator Franken, Senator Coons, Senator Kerry, Senator
Whitehouse, and Senator Tom Udall from my home State of New Mexico. All
of those individuals strongly support what we are trying to do in this
legislation.
I particularly want to thank the staff of the Senate Energy Committee
for the hard work they put into developing this proposal, and
particularly Kevin Rennert, who worked very hard on this proposal and
got a lot of very useful input from many sectors and many individuals.
This is a simple plan to modernize the power sector and guide it
toward a future in which more and more of our electricity is generated
with cleaner and cleaner energy. The purpose of the legislation is to
make sure that, as we continue to grow and power our economy, we
leverage the clean resources we have available today and also provide a
continuing incentive to develop the cheaper, cleaner technologies that
will be needed in the future.
We want to make sure we drive continued diversity in our energy
sources and allow every region of the country to deploy clean energy
using the appropriate resources for that region. We want to make sure
we do all of this in a way that supports homegrown innovation and
manufacturing and that keeps us competitive in the global clean energy
economy. The plan we are putting forward with this legislation would
implement a clean energy standard, or CES for short.
Let me describe how it works. Starting in 2015, the largest utilities
in the country would meet the clean energy standard by showing that a
certain percentage of the electricity they sell is produced from clean
energy sources. The initial percentage for 2015 is within the
capabilities of those utilities today, and each year after 2015 they
would be required to sell a little bit more of their electricity from
clean sources. They can do so either by making incremental adjustments
to their own energy mix to become cleaner and more efficient or by
purchasing clean energy from those who provide it at the lowest cost or
by purchasing credits on an open and transparent market.
To be considered clean, a generator must either be a zero carbon
source of energy, such as, renewables and nuclear power, or a generator
must have a lower carbon intensity than a modern, efficient coal plant.
By carbon intensity, I mean the amount of carbon dioxide emitted per
megawatt hour of electricity generated. Generators with low or no
carbon intensity receive credits based on that criterion.
For example, renewables will receive a full credit per megawatt hour.
Most natural gas generators would qualify for something around a half
credit, and the more efficient natural gas generators would be
incentivized compared to less efficient generators. A coal powerplant
would receive some credits if it lowered its carbon intensity by
installing carbon-capture technologies, by co-firing with renewable
biomass.
Accounting for clean in this way means the cleanest resources have
the greatest incentive. Also, it means every generator has a continuing
incentive to become even more efficient. As the standard increases over
time, the generation fleet will transition naturally toward cleaner and
cleaner sources to meet it. The clean energy standard sets an overall
goal for clean energy, but the optimal and the cheapest set of
technologies to use will be determined by the free market. The rate of
transition is predictable and it is achievable and the rules of the
road are transparent and they are clear.
In addition to driving cleaner electricity generation in the power
sector, the clean energy standard also rewards industrial efficiency.
Combined heat and power units generate electricity while also capturing
and using the heat for other purposes, and these units are treated as
clean generators under this proposal for the clean energy standard.
This will help to deploy this kind of efficiency throughout our country
and will provide another source of inexpensive clean energy.
Let me also describe what this proposal does not do. The clean energy
standard does not put a limit on overall emissions. It does not limit
the growth of electricity generation to meet the demands of a growing
economy. All that the clean energy standard requires is that the
generation we do use in future years and that we add to our fleet
gradually becomes cleaner over time.
The clean energy standard does not cost the government anything, and
it does not raise money for the government to use either. If any money
does come to the Treasury as a result of the program because of refusal
to participate or to comply, that money would go directly back to the
particular State from which it came to fund energy-efficiency programs.
Finally, the clean energy standard will not hurt the economy. This
past fall I asked the Energy Information Administration to analyze a
number of clean energy standard policy options. The results of their
study showed a properly designed clean energy standard would have
almost zero impact on gross domestic product growth and little or no
impact on nationally averaged electricity rates for the first decade of
the program. The Energy Information Administration analysis did show
that a clean energy standard would result in a substantial deployment
of new clean energy and carbon reductions between 20 percent and 40
percent in the power sector by 2035, which is the timeframe provided
for in the proposal.
I have asked the Energy Information Administration to update their
modeling to reflect this final proposal that we are introducing today,
and when they have completed that analysis in the next few weeks I plan
to hold hearings on the proposal to further explore the benefits and
effects of the clean energy standard in the Energy Committee.
The goal of the clean energy standard is ambitious. It is a doubling
of clean energy production in this country by 2035. But analysis has
shown that the goal is achievable and affordable. Meeting the clean
energy standard will yield substantial benefits to our health and to
our economy and to our global competitiveness, and, of course, to our
environment.
The bill we are introducing today is simple. It sets a national goal
for clean energy. It establishes a transparent framework that lets
resources compete to achieve that goal based on how clean they are, and
then it gets out of the way and lets the market and American ingenuity
determine the best path forward.
I think this is a very well thought out proposal and one that
deserves the
[[Page S1197]]
attention of all colleagues. I hope they will look at it seriously, and
I hope we can attract additional supporters and cosponsors as the weeks
proceed in the Senate.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2146
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Energy Standard Act of
2012''.
SEC. 2. FEDERAL CLEAN ENERGY STANDARD.
Title VI of the Public Utility Regulatory Policies Act of
1978 (16 U.S.C. 2601 et seq.) is amended by adding at the end
the following:
``SEC. 610. FEDERAL CLEAN ENERGY STANDARD.
``(a) Purpose.--The purpose of this section is to create a
market-oriented standard for electric energy generation that
stimulates clean energy innovation and promotes a diverse set
of low- and zero-carbon generation solutions in the United
States at the lowest incremental cost to electric consumers.
``(b) Definitions.--In this section:
``(1) Clean energy.--The term `clean energy' means electric
energy that is generated--
``(A) at a facility placed in service after December 31,
1991, using--
``(i) renewable energy;
``(ii) qualified renewable biomass;
``(iii) natural gas;
``(iv) hydropower;
``(v) nuclear power; or
``(vi) qualified waste-to-energy;
``(B) at a facility placed in service after the date of
enactment of this section, using--
``(i) qualified combined heat and power; or
``(ii) a source of energy, other than biomass, with lower
annual carbon intensity than 0.82 metric tons of carbon
dioxide equivalent per megawatt-hour;
``(C) as a result of qualified efficiency improvements or
capacity additions; or
``(D) at a facility that captures carbon dioxide and
prevents the release of the carbon dioxide into the
atmosphere.
``(2) Natural gas.--
``(A) Inclusion.--The term `natural gas' includes coal mine
methane.
``(B) Exclusions.--The term `natural gas' excludes landfill
methane and biogas.
``(3) Qualified combined heat and power.--
``(A) In general.--The term `qualified combined heat and
power' means a system that--
``(i) uses the same energy source for the simultaneous or
sequential generation of electrical energy and thermal
energy;
``(ii) produces at least--
``(I) 20 percent of the useful energy of the system in the
form of electricity; and
``(II) 20 percent of the useful energy in the form of
useful thermal energy;
``(iii) to the extent the system uses biomass, uses only
qualified renewable biomass; and
``(iv) operates with an energy efficiency percentage that
is greater than 50 percent.
``(B) Determination of energy efficiency.--For purposes of
subparagraph (A), the energy efficiency percentage of a
combined heat and power system shall be determined in
accordance with section 48(c)(3)(C)(i) of the Internal
Revenue Code of 1986.
``(4) Qualified efficiency improvements or capacity
additions.--
``(A) In general.--Subject to subparagraphs (B) and (C),
the term `qualified efficiency improvements or capacity
additions' means efficiency improvements or capacity
additions made after December 31, 1991, to--
``(i) a nuclear facility placed in service on or before
December 31, 1991; or
``(ii) a hydropower facility placed in service on or before
December 31, 1991.
``(B) Exclusion.--The term `qualified efficiency
improvements or capacity additions' does not include
additional electric energy generated as a result of
operational changes not directly associated with efficiency
improvements or capacity additions.
``(C) Measurement and certification.--In the case of
hydropower, efficiency improvements and capacity additions
under this paragraph shall be--
``(i) measured on the basis of the same water flow
information that is used to determine the historic average
annual generation for the applicable hydroelectric facility;
and
``(ii) certified by the Secretary or the Commission.
``(5) Qualified renewable biomass.--The term `qualified
renewable biomass' means renewable biomass produced and
harvested through land management practices that maintain or
restore the composition, structure, and processes of
ecosystems, including the diversity of plant and animal
communities, water quality, and the productive capacity of
soil and the ecological systems.
``(6) Qualified waste-to-energy.--The term `qualified
waste-to-energy' means energy produced--
``(A) from the combustion of--
``(i) post-recycled municipal solid waste;
``(ii) gas produced from the gasification or pyrolization
of post-recycled municipal solid waste;
``(iii) biogas;
``(iv) landfill methane;
``(v) animal waste or animal byproducts; or
``(vi) wood, paper products that are not commonly
recyclable, and vegetation (including trees and trimmings,
yard waste, pallets, railroad ties, crates, and solid-wood
manufacturing and construction debris), if diverted from or
separated from other waste out of a municipal waste stream;
and
``(B) at a facility that the Commission has certified, on
an annual basis, is in compliance with all applicable Federal
and State environmental permits, including--
``(i) in the case of a facility that commences operation
before the date of enactment of this section, compliance with
emission standards under sections 112 and 129 of the Clean
Air Act (42 U.S.C. 7412, 7429) that apply as of the date of
enactment of this section to new facilities within the
applicable source category; and
``(ii) in the case of a facility that produces electric
energy from the combustion, pyrolization, or gasification of
municipal solid waste, certification that each local
government unit from which the waste originates operates,
participates in the operation of, contracts for, or otherwise
provides for recycling services for residents of the local
government unit.
``(7) Renewable energy.--The term `renewable energy' means
solar, wind, ocean, current, wave, tidal, or geothermal
energy.
``(c) Clean Energy Requirement.--
``(1) In general.--Effective beginning in calendar year
2015, each electric utility that sells electric energy to
electric consumers in a State shall obtain a percentage of
the electric energy the electric utility sells to electric
consumers during a calendar year from clean energy.
``(2) Percentage required.--The percentage of electric
energy sold during a calendar year that is required to be
clean energy under paragraph (1) shall be determined in
accordance with the following table:
------------------------------------------------------------------------
Minimum
``Calendar year annual
percentage
------------------------------------------------------------------------
2015....................................................... 24
2016....................................................... 27
2017....................................................... 30
2018....................................................... 33
2019....................................................... 36
2020....................................................... 39
2021....................................................... 42
2022....................................................... 45
2023....................................................... 48
2024....................................................... 51
2025....................................................... 54
2026....................................................... 57
2027....................................................... 60
2028....................................................... 63
2029....................................................... 66
2030....................................................... 69
2031....................................................... 72
2032....................................................... 75
2033....................................................... 78
2034....................................................... 81
2035....................................................... 84
------------------------------------------------------------------------
``(3) Deduction for electric energy generated from
hydropower or nuclear power.--An electric utility that sells
electric energy to electric consumers from a facility placed
in service in the United States on or before December 31,
1991, using hydropower or nuclear power may deduct the
quantity of the electric energy from the quantity to which
the percentage in paragraph (2) applies.
``(d) Means of Compliance.--An electric utility shall meet
the requirements of subsection (c) by--
``(1) submitting to the Secretary clean energy credits
issued under subsection (e);
``(2) making alternative compliance payments of 3 cents per
kilowatt hour in accordance with subsection (i); or
``(3) taking a combination of actions described in
paragraphs (1) and (2).
``(e) Federal Clean Energy Trading Program.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of this section, the Secretary shall
establish a Federal clean energy credit trading program under
which electric utilities may submit to the Secretary clean
energy credits to certify compliance by the electric
utilities with subsection (c).
``(2) Clean energy credits.--Except as provided in
paragraph (3)(B), the Secretary shall issue to each generator
of electric energy a quantity of clean energy credits
determined in accordance with subsections (f) and (g).
``(3) Administration.--In carrying out the program under
this subsection, the Secretary shall ensure that--
``(A) a clean energy credit shall be used only once for
purposes of compliance with this section; and
``(B) a clean energy credit issued for clean energy
generated and sold for resale under a contract in effect on
the date of enactment of this section shall be issued to the
purchasing electric utility, unless otherwise provided by the
contract.
``(4) Delegation of market function.--
``(A) In general.--In carrying out the program under this
subsection, the Secretary may delegate--
``(i) to 1 or more appropriate market-making entities, the
administration of a national clean energy credit market for
purposes of establishing a transparent national market for
the sale or trade of clean energy credits; and
[[Page S1198]]
``(ii) to appropriate entities, the tracking of dispatch of
clean generation.
``(B) Administration.--In making a delegation under
subparagraph (A)(ii), the Secretary shall ensure that the
tracking and reporting of information concerning the dispatch
of clean generation is transparent, verifiable, and
independent of any generation or load interests subject to an
obligation under this section.
``(5) Banking of clean energy credits.--Clean energy
credits to be used for compliance purposes under subsection
(c) shall be valid for the year in which the clean energy
credits are issued or in any subsequent calendar year.
``(f) Determination of Quantity of Credit.--
``(1) In general.--Except as otherwise provided in this
subsection, the quantity of clean energy credits issued to
each electric utility generating electric energy in the
United States from clean energy shall be equal to the product
of--
``(A) for each generator owned by a utility, the number of
megawatt-hours of electric energy sold from that generator by
the utility; and
``(B) the difference between--
``(i) 1.0; and
``(ii) the quotient obtained by dividing--
``(I) the annual carbon intensity of the generator, as
determined in accordance with subsection (g), expressed in
metric tons per megawatt-hour; by
``(II) 0.82.
``(2) Negative credits.--Notwithstanding any other
provision of this subsection, the Secretary shall not issue a
negative quantity of clean energy credits to any generator.
``(3) Qualified combined heat and power.--
``(A) In general.--The quantity of clean energy credits
issued to an owner of a qualified combined heat and power
system in the United States shall be equal to the difference
between--
``(i) the product obtained by multiplying--
``(I) the number of megawatt-hours of electric energy
generated by the system; and
``(II) the difference between--
``(aa) 1.0; and
``(bb) the quotient obtained by dividing--
``(AA) the annual carbon intensity of the generator, as
determined in accordance with subsection (g), expressed in
metric tons per megawatt-hour; by
``(BB) 0.82; and
``(ii) the product obtained by multiplying--
``(I) the number of megawatt-hours of electric energy
generated by the system that are consumed onsite by the
facility; and
``(II) the annual target for electric energy sold during a
calendar year that is required to be clean energy under
subsection (c)(2).
``(B) Additional credits.--In addition to credits issued
under subparagraph (A), the Secretary shall award clean
energy credits to an owner of a qualified heat and power
system in the United States for greenhouse gas emissions
avoided as a result of the use of a qualified combined heat
and power system, rather than a separate thermal source, to
meet onsite thermal needs.
``(4) Qualified waste-to-energy.--The quantity of clean
energy credits issued to an electric utility generating
electric energy in the United States from a qualified waste-
to-energy facility shall be equal to the product obtained by
multiplying--
``(A) the number of megawatt-hours of electric energy
generated by the facility and sold by the utility; and
``(B) 1.0.
``(g) Determination of Annual Carbon Intensity of
Generating Facilities.--
``(1) In general.--For purposes of determining the quantity
of credits under subsection (f), except as provided in
paragraph (2), the Secretary shall determine the annual
carbon intensity of each generator by dividing--
``(A) the net annual carbon dioxide equivalent emissions of
the generator; by
``(B) the annual quantity of electricity generated by the
generator.
``(2) Biomass.--The Secretary shall--
``(A) not later than 180 days after the date of enactment
of this section, issue interim regulations for determining
the carbon intensity based on an initial consideration of the
issues to be reported on under subparagraph (B);
``(B) not later than 180 days after the date of enactment
of this section, enter into an agreement with the National
Academy of Sciences under which the Academy shall--
``(i) evaluate models and methodologies for quantifying net
changes in greenhouse gas emissions associated with
generating electric energy from each significant source of
qualified renewable biomass, including evaluation of
additional sequestration or emissions associated with changes
in land use by the production of the biomass; and
``(ii) not later than 1 year after the date of enactment of
this section, publish a report that includes--
``(I) a description of the evaluation required by clause
(i); and
``(II) recommendations for determining the carbon intensity
of electric energy generated from qualified renewable biomass
under this section; and
``(C) not later than 180 days after the publication of the
report under subparagraph (B)(ii), issue regulations for
determining the carbon intensity of electric energy generated
from qualified renewable biomass that take into account the
report.
``(3) Consultation.--The Secretary shall consult with--
``(A) the Administrator of the Environmental Protection
Agency in determining the annual carbon intensity of
generating facilities under paragraph (1); and
``(B) the Administrator of the Environmental Protection
Agency, the Secretary of the Interior, and the Secretary of
Agriculture in issuing regulations for determining the carbon
intensity of electric energy generated by biomass under
paragraph (2)(C).
``(h) Civil Penalties.--
``(1) In general.--Subject to paragraph (2), an electric
utility that fails to meet the requirements of this section
shall be subject to a civil penalty in an amount equal to the
product obtained by multiplying--
``(A) the number of kilowatt-hours of electric energy sold
by the utility to electric consumers in violation of
subsection (c); and
``(B) 200 percent of the value of the alternative
compliance payment, as adjusted under subsection (m).
``(2) Waivers and mitigation.--
``(A) Force majeure.--The Secretary may mitigate or waive a
civil penalty under this subsection if the electric utility
was unable to comply with an applicable requirement of this
section for reasons outside of the reasonable control of the
utility.
``(B) Reduction for state penalties.--The Secretary shall
reduce the amount of a penalty determined under paragraph (1)
by the amount paid by the electric utility to a State for
failure to comply with the requirement of a State renewable
energy program, if the State requirement is more stringent
than the applicable requirement of this section.
``(3) Procedure for assessing penalty.--The Secretary shall
assess a civil penalty under this subsection in accordance
with section 333(d) of the Energy Policy and Conservation Act
(42 U.S.C. 6303(d)).
``(i) Alternative Compliance Payments.--An electric utility
may satisfy the requirements of subsection (c), in whole or
in part, by submitting in lieu of a clean energy credit
issued under this section a payment equal to the amount
required under subsection (d)(2), in accordance with such
regulations as the Secretary may promulgate.
``(j) State Energy Efficiency Funding Program.--
``(1) Establishment.--Not later than December 31, 2015, the
Secretary shall establish a State energy efficiency funding
program.
``(2) Funding.--All funds collected by the Secretary as
alternative compliance payments under subsection (i), or as
civil penalties under subsection (h), shall be used solely to
carry out the program under this subsection.
``(3) Distribution to states.--
``(A) In general.--An amount equal to 75 percent of the
funds described in paragraph (2) shall be used by the
Secretary, without further appropriation or fiscal year
limitation, to provide funds to States for the implementation
of State energy efficiency plans under section 362 of the
Energy Policy and Conservation Act (42 U.S.C. 6322), in
accordance with the proportion of those amounts collected by
the Secretary from each State.
``(B) Action by states.--A State that receives funds under
this paragraph shall maintain such records and evidence of
compliance as the Secretary may require.
``(4) Guidelines and criteria.--The Secretary may issue
such additional guidelines and criteria for the program under
this subsection as the Secretary determines to be
appropriate.
``(k) Exemptions.--
``(1) In general.--This section shall not apply during any
calendar year to an electric utility that sold less than the
applicable quantity described in paragraph (2) of megawatt-
hours of electric energy to electric consumers during the
preceding calendar year.
``(2) Applicable quantity.--For purposes of paragraph (1),
the applicable quantity is--
``(A) in the case of calendar year 2015, 2,000,000;
``(B) in the case of calendar year 2016, 1,900,000;
``(C) in the case of calendar year 2017, 1,800,000;
``(D) in the case of calendar year 2018, 1,700,000;
``(E) in the case of calendar year 2019, 1,600,000;
``(F) in the case of calendar year 2020, 1,500,000;
``(G) in the case of calendar year 2021, 1,400,000;
``(H) in the case of calendar year 2022, 1,300,000;
``(I) in the case of calendar year 2023, 1,200,000;
``(J) in the case of calendar year 2024, 1,100,000; and
``(K) in the case of calendar year 2025 and each calendar
year thereafter, 1,000,000.
``(3) Calculation of electric energy sold.--
``(A) Definitions.--In this subsection, the terms
`affiliate' and `associate company' have the meanings given
the terms in section 1262 of the Energy Policy Act of 2005
(42 U.S.C. 16451).
``(B) Inclusion.--For purposes of calculating the quantity
of electric energy sold by an electric utility under this
subsection, the quantity of electric energy sold by an
affiliate of the electric utility or an associate company
shall be treated as sold by the electric utility.
``(l) State Programs.--
``(1) Savings provision.--
[[Page S1199]]
``(A) In general.--Subject to paragraph (2), nothing in
this section affects the authority of a State or a political
subdivision of a State to adopt or enforce any law or
regulation relating to--
``(i) clean or renewable energy; or
``(ii) the regulation of an electric utility.
``(B) Federal law.--No law or regulation of a State or a
political subdivision of a State may relieve an electric
utility from compliance with an applicable requirement of
this section.
``(2) Coordination.--The Secretary, in consultation with
States that have clean and renewable energy programs in
effect, shall facilitate, to the maximum extent practicable,
coordination between the Federal clean energy program under
this section and the relevant State clean and renewable
energy programs.
``(m) Adjustment of Alternative Compliance Payment.--Not
later than December 31, 2016, and annually thereafter, the
Secretary shall--
``(1) increase by 5 percent the rate of the alternative
compliance payment under subsection (d)(2); and
``(2) additionally adjust that rate for inflation, as the
Secretary determines to be necessary.
``(n) Report on Clean Energy Resources That Do Not Generate
Electric Energy.--
``(1) In general.--Not later than 3 years after the date of
enactment of this section, the Secretary shall submit to
Congress a report examining mechanisms to supplement the
standard under this section by addressing clean energy
resources that do not generate electric energy but that may
substantially reduce electric energy loads, including energy
efficiency, biomass converted to thermal energy, geothermal
energy collected using heat pumps, thermal energy delivered
through district heating systems, and waste heat used as
industrial process heat.
``(2) Potential integration.--The report under paragraph
(1) shall examine the benefits and challenges of integrating
the additional clean energy resources into the standard
established by this section, including--
``(A) the extent to which such an integration would achieve
the purposes of this section;
``(B) the manner in which a baseline describing the use of
the resources could be developed that would ensure that only
incremental action that increased the use of the resources
received credit; and
``(C) the challenges of pricing the resources in a
comparable manner between organized markets and vertically
integrated markets, including options for the pricing.
``(3) Complementary policies.--The report under paragraph
(1) shall examine the benefits and challenges of using
complementary policies or standards, other than the standard
established under this section, to provide effective
incentives for using the additional clean energy resources.
``(4) Legislative recommendations.--As part of the report
under paragraph (1), the Secretary may provide legislative
recommendations for changes to the standard established under
this section or new complementary policies that would provide
effective incentives for using the additional clean energy
resources.
``(o) Exclusions.--This section does not apply to an
electric utility located in the State of Alaska or Hawaii.
``(p) Regulations.--Not later than 1 year after the date of
enactment of this section, the Secretary shall promulgate
regulations to implement this section.
``SEC. 611. REPORT ON NATURAL GAS CONSERVATION.
``Not later than 2 years after the date of enactment of
this section, the Secretary shall submit to Congress a report
that--
``(1) quantifies the losses of natural gas during the
production and transportation of the natural gas; and
``(2) makes recommendations, as appropriate, for programs
and policies to promote conservation of natural gas for
beneficial use.''.
______