PRIOR PRINTER'S NO. 1305                      PRINTER'S NO. 1347

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1103 Session of 1977


        INTRODUCED BY KURY, MELLOW, SWEENEY, SCANLON, ROMANELLI,
           McKINNEY, MESSINGER, BELL, ORLANDO, STOUT, JUBELIRER, MURRAY,
           GURZENDA, STAPLETON, DUFFIELD AND HOLL, SEPTEMBER 27, 1977

        SENATOR KURY, CONSUMER AFFAIRS, AS AMENDED, OCTOBER 4, 1977

                                     AN ACT

     1  Amending Title 66 (Public Utilities) of the Pennsylvania
     2     Consolidated Statutes, adding provisions relating to energy
     3     conservation and control.

     4                         TABLE OF CONTENTS
     5                              TITLE 66
     6                          PUBLIC UTILITIES
     7                     PART II.  OTHER PROVISIONS
     8  Chapter 41.  Energy Conservation and Control
     9     Subchapter A.  Preliminary Provisions
    10  § 4101.  Short title of chapter.
    11  § 4102.  Definitions.
    12     Subchapter B.  Pennsylvania Energy Council
    13  § 4111.  Establishment of council.
    14  § 4112.  Organization of council.
    15  § 4113.  Powers and duties.
    16  § 4114.  Utilization of existing services and facilities.
    17  § 4115.  Access to facilities and records of energy industries.
    18  § 4116.  Subpoena and examination of witnesses and documents.

     1     Subchapter C.  Energy Information, Planning and Allocation
     2  § 4121.  Periodic reports from energy industries.
     3  § 4122.  Utilization of previously supplied information.
     4  § 4123.  Master energy plan.
     5  § 4124.  Emergency energy allocation plan.
     6  § 4125.  Declaration by Governor of disaster emergency.
     7  § 4126.  Powers during disaster emergency.
     8     Subchapter D.  Violations and Penalties
     9  § 4131.  Actions for injunctive relief.
    10  § 4132.  Civil penalties.
    11  § 4133.  Criminal penalties.
    12  § 4134.  Recommending license suspension or revocation.
    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  Part II of Title 66, act of November 25, 1970
    16  (P.L.707, No.230), known as the Pennsylvania Consolidated
    17  Statutes, is amended by adding a chapter to read:
    18                              TITLE 66
    19                          PUBLIC UTILITIES
    20  Part
    21    II.  Other Provisions
    22                              PART II
    23                          OTHER PROVISIONS
    24  Chapter
    25    41.  Energy Conservation and Control
    26                             CHAPTER 41
    27                  ENERGY CONSERVATION AND CONTROL
    28  Subchapter
    29     A.  Preliminary Provisions
    30     B.  Pennsylvania Energy Council
    19770S1103B1347                  - 2 -

     1     C.  Energy Information, Planning and Allocation
     2     D.  Violations and Penalties
     3                            SUBCHAPTER A
     4                       PRELIMINARY PROVISIONS
     5  Sec.
     6  4101.  Short title of chapter.
     7  4102.  Definitions.
     8  § 4101.  Short title of chapter.
     9     This chapter shall be known and may be cited as the "Energy
    10  Conservation and Control Law."
    11  § 4102.  Definitions.
    12     The following words and phrases when used in this chapter
    13  shall have, unless the context clearly indicates otherwise, the
    14  meanings given to them in this section:
    15     "Council."  The Pennsylvania Energy Council.
    16     "Director."  The director of the Pennsylvania Energy Council.
    17     "Disaster."  A man-made disaster, natural disaster or war-
    18  caused disaster.
    19     "Distributor."  A person who:
    20         (1)  imports into this Commonwealth fuels for use,
    21     distribution, storage or sale in this Commonwealth; or
    22         (2)  produces, refines, manufactures, blends or compounds
    23     fuels and sells, uses, stores or distributes fuels within
    24     this Commonwealth.
    25     "Energy."  Electricity however generated, fuels, petroleum
    26  products and gases.
    27     "Energy facility."  Any plant or operation which produces,
    28  converts, distributes or stores energy or converts one form of
    29  energy to another. The term does not include an operation
    30  conducted by a person acting only as a retail dealer.
    19770S1103B1347                  - 3 -

     1     "Energy industry."  A person engaged in the exploration,
     2  extraction, transportation, transmission, refining, processing,
     3  generation, distribution, sale or storage of energy.
     4     "Fuel."  Coal, petroleum products, gases and nuclear fuel,
     5  including enriched uranium, U235 and U238, and plutonium, U239.
     6     "Gases."  Natural gas, methane, liquified natural gas,
     7  synthetic natural gas, coal gas and other manufactured gases.
     8     "Man-made disaster."  Any industrial, nuclear or
     9  transportation accident, explosion, conflagration, power
    10  failure, natural resource shortage or other condition, except
    11  enemy action, resulting from man-made causes, such as oil spills
    12  and other injurious environmental contamination, which threatens
    13  or causes damage to property, human suffering, hardship or loss
    14  of life.
    15     "Natural disaster."  Any hurricane, tornado, storm, flood,
    16  high water, wind-driven water, tidal wave, earthquake,
    17  landslide, mudslide, snowstorm, drought, fire, explosion or
    18  other catastrophe which results in damage to property, hardship,
    19  suffering or possible loss of life.
    20     "Petroleum products."  Includes motor gasoline, middle
    21  distillate oils, residual fuel oils, aviation fuel, propane,
    22  butane, natural gasoline, naphtha, gas oils, lubricating oils
    23  and any other similar or dissimilar liquid hydrocarbons.
    24     "Purchase."  Includes, in addition to its ordinary meaning,
    25  any acquisition of ownership or possession including but not
    26  limited to condemnation by eminent domain proceedings.
    27     "Retail dealer."  A person who engages in the business of
    28  selling fuels from a fixed location including but not limited to
    29  a service station, filling station, store or garage directly to
    30  the ultimate users of the fuel.
    19770S1103B1347                  - 4 -

     1     "Sale."  Includes, in addition to its ordinary meaning, any
     2  exchange, gift, theft or other disposition. In cases where fuels
     3  are exchanged, given, stolen or otherwise disposed of, they
     4  shall be deemed to have been sold.
     5     "War-caused disaster."  Any condition following an attack
     6  upon the United States resulting in substantial damage to
     7  property or injury to persons in the United States caused by use
     8  of bombs, missiles, shellfire, nuclear, radiological, chemical
     9  or biological means, or other weapons or overt paramilitary
    10  actions, or other conditions such as sabotage.
    11     "Wholesale dealer."  A person who engages in the business of
    12  selling fuels to other persons who resell the fuel.
    13                            SUBCHAPTER B
    14                    PENNSYLVANIA ENERGY COUNCIL
    15  Sec.
    16  4111.  Establishment of council.
    17  4112.  Organization of council.
    18  4113.  Powers and duties.
    19  4114.  Utilization of existing services and facilities.
    20  4115.  Access to facilities and records of energy industries.
    21  4116.  Subpoena and examination of witnesses and documents.
    22  § 4111.  Establishment of council.
    23     There is hereby established the Pennsylvania Energy Council
    24  to assist in the direction, control and coordination of energy
    25  resources.
    26  § 4112.  Organization of council.
    27     (a)  Composition.--The council shall consist of the Governor
    28  ex officio, Lieutenant Governor, Adjutant General, Chairman of
    29  the Office of Emergency Preparedness, Chairman of the Public
    30  Utility Commission, Secretary of Environmental Resources,
    19770S1103B1347                  - 5 -

     1  Secretary of Transportation, Secretary of Community Affairs,
     2  President pro tempore of the Senate or his designee, Speaker of
     3  the House of Representatives or his designee and six citizens,
     4  to be appointed for terms of three years by the Governor by and
     5  with the advice and consent of a majority of the members elected
     6  to the Senate, at least two of whom shall be members of consumer
     7  or environmental groups, two of whom shall be elected municipal
     8  government officials and two of whom shall either be persons
     9  possessing knowledge and experience in the fields of oil, gas,
    10  coal or electricity or persons from the academic community who
    11  have expertise in energy related fields.
    12     (b)  Officers, quorum and meetings.--The Lieutenant Governor
    13  shall be the chairman and the council shall elect a vice
    14  chairman and secretary from the membership. Fifteen EIGHT         <--
    15  members of the council shall constitute a quorum. The council
    16  shall meet at the call of the chairman or a majority of its
    17  members.
    18     (c)  Employees and expenditures.--The council may employ a
    19  director and such technical, clerical, stenographic and other
    20  personnel, fix their compensation and may make such expenditures
    21  within the appropriation therefor or other funds made available
    22  to it as are necessary to carry out the purposes of this
    23  chapter.
    24     (d)  Compensation and expenses.--The members of the council
    25  shall serve without compensation but may be reimbursed for their
    26  actual and necessary traveling and other expenses incurred in
    27  connection with attendance upon meetings of the council.
    28     (e)  Offices, equipment and supplies.--The council shall be
    29  provided with appropriate office space, furniture, equipment,
    30  supplies, stationery and printing in the same manner as other
    19770S1103B1347                  - 6 -

     1  Commonwealth agencies are supplied.
     2     (f)  Conflict of interest.--No person who is an official or
     3  employee of the council shall participate in any manner in any
     4  decision or action of the council wherein the official or
     5  employee has a direct or indirect financial interest.
     6     (g)  Applicability of other law.--The council shall be
     7  subject to the provisions of the act of April 9, 1929 (P.L.177,
     8  No.175), known as "The Administrative Code of 1929," except as
     9  in this part otherwise provided.
    10  § 4113.  Powers and duties.
    11     The council shall:
    12         (1)  Be the central repository within this Commonwealth
    13     for the collection of energy information.
    14         (2)  Collect and analyze data relating to present and
    15     future demands and resources for all forms of energy.
    16         (3)  Have authority to require any energy industry within
    17     this Commonwealth to submit such information as shall be
    18     required to carry out the provisions of this chapter
    19     including but not limited to information necessary for
    20     determining the impact of any construction or development on
    21     the production, distribution, consumption or conservation of
    22     energy within this Commonwealth.
    23         (4)  Establish an energy information system which will
    24     provide for the forecasting and publishing of anticipated
    25     energy shortages and which will provide all data necessary to
    26     insure a fair and equitable distribution of available energy,
    27     permit a more efficient and effective use of available energy
    28     and provide the basis for long-term planning related to
    29     energy needs.
    30         (5)  Design, implement and enforce a program for the
    19770S1103B1347                  - 7 -

     1     conservation of energy which program shall include but not be
     2     limited to commercial, industrial and residential areas and
     3     may provide for the evaluation of energy systems as they
     4     relate to lighting, heating, refrigeration, air conditioning,
     5     building design and operation, and appliance manufacturing
     6     and operation.
     7         (6)  Inform and educate the public about the ways in
     8     which energy can be conserved.
     9         (7)  Monitor prices charged for energy within this
    10     Commonwealth, evaluate policies governing the establishment
    11     of rates and prices for energy and make recommendations for
    12     necessary changes in these policies to other concerned
    13     Federal and Commonwealth agencies and to the General
    14     Assembly.
    15         (8)  Have authority to conduct and supervise research
    16     projects and programs for the purpose of increasing the
    17     efficiency of energy use, developing new sources of energy,
    18     evaluating energy conservation measures and meeting other
    19     goals consistent with the intent of this chapter.
    20         (9)  Have authority to distribute and expend funds made
    21     available for the purpose of research projects and programs.
    22         (10)  Have authority to enter into interstate compacts in
    23     order to carry out energy research and planning with other
    24     states or the Federal Government where appropriate.
    25         (11)  Have authority to apply for, accept and expend
    26     grants-in-aid and assistance from private and public sources
    27     for energy programs. Notwithstanding any other law to the
    28     contrary, the council is designated as the Commonwealth
    29     agency to apply for, receive and expend Federal and other
    30     funding made available to the Commonwealth for the purposes
    19770S1103B1347                  - 8 -

     1     of this chapter.
     2         (12)  Have authority to adopt and promulgate rules and
     3     regulations necessary and proper to carry out the purposes of
     4     this chapter.
     5         (13)  Administer such regulations of agencies of the
     6     Federal Government as are applicable to the states including
     7     but not limited to state energy conservation plans.
     8  § 4114.  Utilization of existing services and facilities.
     9     In order to avoid duplication of services and facilities, the
    10  council shall utilize the services and facilities of existing
    11  officers and agencies of the Commonwealth and the political
    12  subdivisions thereof. These officers and agencies shall
    13  cooperate with and extend their services and facilities to the
    14  council as it shall request.
    15  § 4115.  Access to facilities and records of energy industries.
    16     The council shall have full power and authority whenever it
    17  shall deem it necessary or proper in carrying out any of the
    18  provisions of this chapter to enter upon the premises,
    19  buildings, machinery, system, plant or equipment and make any
    20  inspection, valuation, physical examination, inquiry or
    21  investigation of any and all plant and equipment, facilities,
    22  property and pertinent records, books, papers, memoranda,
    23  documents or effects whatsoever of any energy industry, and to
    24  hold any hearing for such purposes. In the exercise of these
    25  powers, the council may have access to and use any books,
    26  records or documents in the possession of any agency of the
    27  Commonwealth or any political subdivision thereof.
    28  § 4116.  Subpoena and examination of witnesses and documents.
    29     (a)  General rule.--The council shall have the power, in any
    30  part of this Commonwealth, to subpoena witnesses, administer
    19770S1103B1347                  - 9 -

     1  oaths, examine witnesses or take such testimony, or compel the
     2  production of such books, records, papers and documents as it
     3  may deem necessary or proper in and pertinent to any proceeding,
     4  investigation or hearing held or had by it and to do all
     5  necessary and proper things and acts in the lawful exercise of
     6  its powers or the performance of its duties.
     7     (b)  Fees for serving subpoena.--The fees for serving a
     8  subpoena shall be the same as those paid sheriffs for similar
     9  services.
    10     (c)  Penalty.--It is a summary offense for any individual
    11  subpoenaed to attend before the council, or its representative
    12  to fail to obey the command of the subpoena, or for any
    13  individual in attendance before the council or its
    14  representative to refuse to be sworn or to be examined, or to
    15  answer any relevant question, or to produce any relevant data,
    16  book, record, paper or document when ordered so to do by the
    17  council or its representative.
    18                            SUBCHAPTER C
    19            ENERGY INFORMATION, PLANNING AND ALLOCATION
    20  Sec.
    21  4121.  Periodic reports from energy industries.
    22  4122.  Utilization of previously supplied information.
    23  4123.  Master energy plan.
    24  4124.  Emergency energy allocation plan.
    25  4125.  Declaration by Governor of disaster emergency.
    26  4126.  Powers during disaster emergency.
    27  § 4121.  Periodic reports from energy industries.
    28     (a)  General rule.--The council shall adopt rules and
    29  regulations requiring the periodic reporting by energy
    30  industries of energy information which shall include but not be
    19770S1103B1347                 - 10 -

     1  limited to the following:
     2         (1)  Electrical generating capacity in this Commonwealth;
     3     long-range plans for additions to that capacity; efficiency
     4     of electrical generation; price and cost factors in
     5     electrical generation; types and quantities of fuels used;
     6     projections of future demand, consumption of electricity by
     7     sectors; and times, duration and levels of peak demand.
     8         (2)  Petroleum refining capacity; amount and type of fuel
     9     produced; amount and type of fuel sold; interstate transfers
    10     of fuel; price and cost factors in refining, production and
    11     sale; long-term plans for alterations or additions to
    12     refining capacity; and location, amount and type of fuel
    13     storage.
    14         (3)  Storage capacity for gases; amount and end uses of
    15     gases sold; and price and cost factors in the sale and use of
    16     gases.
    17         (4)  Such other information as the council may determine
    18     necessary for carrying out the purposes of this chapter.
    19     (b)  Filing copies of reports to Federal agencies.--The
    20  council may require the energy industry or person to file with
    21  it a copy of any report filed by the energy industry or person
    22  with any Federal agency.
    23     (c)  Oath or affirmation.--All information submitted shall be
    24  under oath or affirmation when required by the council.
    25     (d)  Annual report analyzing information.--The council shall
    26  at least annually publish a report analyzing all energy
    27  information collected.
    28  § 4122.  Utilization of previously supplied information.
    29     In order to avoid duplication of reporting by the energy
    30  industry, the council shall utilize any information previously
    19770S1103B1347                 - 11 -

     1  supplied to officers and agencies of this Commonwealth and
     2  political subdivisions thereof. These officers and agencies
     3  shall cooperate with and supply to the council such information
     4  as the council shall request.
     5  § 4123.  Master energy plan.
     6     The council shall prepare and, after public hearing, adopt a
     7  master plan for a period of ten years on the production,
     8  distribution, consumption and conservation of energy in this
     9  Commonwealth. The plan shall include long-term objectives but
    10  shall provide for the interim implementation of measures
    11  consistent with these objectives. The council may from time to
    12  time and after public hearing amend the master plan to maintain
    13  and keep the plan current. In preparing the master plan or any
    14  portion thereof or amendment thereto the council shall give due
    15  consideration to the energy needs and supplies in the several
    16  geographic areas of this Commonwealth and shall consult and
    17  cooperate with any Federal or Commonwealth agency having an
    18  interest in the production, distribution, consumption or
    19  conservation of energy.
    20  § 4124.  Emergency energy allocation plan.
    21     The council shall prepare and adopt, in conjunction with the
    22  Public Utility Commission and the Office of Emergency
    23  Preparedness, an emergency allocation plan, including a schedule
    24  of emergency energy curtailment based on a uniform
    25  classification of energy customers, specifying actions to be
    26  taken in the event of an impending serious shortage of energy
    27  which poses grave threats to the public health, safety or
    28  welfare. The council shall direct all Commonwealth agencies to
    29  develop, subject to approval by the council, contingency plans
    30  for dealing with these emergencies.
    19770S1103B1347                 - 12 -

     1  § 4125.  Declaration by Governor of disaster emergency.
     2     (a)  Responsibility to meet disasters.--The Governor is
     3  responsible for meeting the dangers to this Commonwealth and
     4  people presented by disasters.
     5     (b)  Executive orders, proclamations and regulations.--Under
     6  this chapter, the Governor may issue, amend and rescind
     7  executive orders, proclamations and regulations which shall have
     8  the force and effect of law.
     9     (c)  Declaration of disaster emergency.--A disaster emergency
    10  shall be declared by executive order or proclamation of the
    11  Governor upon finding that a disaster has occurred or that the
    12  occurrence or the threat of a disaster is imminent. The state of
    13  disaster emergency shall continue until the Governor finds that
    14  the threat or danger has passed or the disaster has been dealt
    15  with to the extent that emergency conditions no longer exist and
    16  terminates the state of disaster emergency by executive order or
    17  proclamation, but no state of disaster emergency may continue
    18  for longer than 30 days unless renewed by the Governor. The
    19  General Assembly by concurrent resolution may terminate a state
    20  of disaster emergency at any time. Thereupon, the Governor shall
    21  issue an executive order or proclamation ending the state of
    22  disaster emergency. All executive orders or proclamations issued
    23  under this subsection shall indicate the nature of the disaster,
    24  the area or areas threatened and the conditions which have
    25  brought the disaster about or which make possible termination of
    26  the state of disaster emergency. An executive order or
    27  proclamation shall be disseminated promptly by means calculated
    28  to bring its contents to the attention of the general public
    29  and, unless the circumstances attendant upon the disaster
    30  prevent or impede, shall be promptly filed with the council.
    19770S1103B1347                 - 13 -

     1  § 4126.  Powers during disaster emergency.
     2     (a)  General rule.--The council is authorized, in the event
     3  of a disaster emergency as proclaimed by the Governor pursuant
     4  to section 4125 (relating to declaration by Governor of disaster
     5  emergency), to the extent not in conflict with applicable
     6  Federal law or regulation but notwithstanding any State or local
     7  law or contractural agreement, to:
     8         (1)  Order any person to reduce by a specified amount the
     9     use of any energy form; to make use of an alternate energy
    10     form, where possible; or to cease the use of any energy form.
    11         (2)  Order any person engaged in the distribution of any
    12     energy form to reduce or increase by a specified amount or to
    13     cease the distribution of the energy form; to distribute a
    14     specified amount and type of energy form to certain users as
    15     specified by the council; or to share supplies of any energy
    16     form with other distributors thereof.
    17         (3)  Establish priorities for the distribution of any
    18     energy form.
    19         (4)  Regulate and control the distribution and sale of
    20     any energy form by:
    21             (i)  Establishing such limitations, priorities or
    22         rationing procedures as shall be necessary to insure a
    23         fair and equitable distribution of available supplies.
    24             (ii)  Establishing minimum and maximum quantities to
    25         be sold to any purchaser.
    26             (iii)  Fixing the days and hours of access to retail
    27         dealers.
    28             (iv)  Compelling sales to members of the general
    29         public during times when a retail dealer is open for the
    30         sale of an energy form.
    19770S1103B1347                 - 14 -

     1             (v)  Establishing methods for notifying the public by
     2         flags, symbols or other appropriate means whether retail
     3         dealers are open and selling the subject energy form.
     4         (5)  Direct the heads of those Commonwealth agencies that
     5     were ordered to develop contingency plans pursuant to section
     6     4122 (utilization of previously supplied information) to
     7     implement the plans.
     8         (6)  Order the temporary closing of public or private
     9     facilities by class including but not limited to any
    10     business, school or sports facility.
    11         (7)  Adopt and promulgate such rules and regulations as
    12     are necessary and proper to carry out the purposes of this
    13     section.
    14     (b)  Power of Governor to suspend laws, etc.--During the
    15  existence of a disaster emergency, the Governor may order the
    16  suspension of any laws, rules, regulations or orders of any
    17  agency of the Commonwealth or any political subdivision which
    18  deal with or affect energy and which impede the ability of the
    19  Governor to alleviate or terminate a disaster emergency. Upon
    20  declaring a disaster emergency, the Governor may supersede any
    21  other such emergency powers.
    22     (c)  Review of orders of council.--Any aggrieved person, upon
    23  application to the council, shall be granted a review of whether
    24  the continuance of any order issued by the council pursuant to
    25  this section is unreasonable in light of then prevailing
    26  conditions of emergency.
    27     (d)  Compelling assistance from Commonwealth agencies.--
    28  During a disaster emergency the council may require any other
    29  Commonwealth agency to provide such information, assistance,
    30  resources and personnel as shall be necessary to discharge the
    19770S1103B1347                 - 15 -

     1  functions and responsibilities of the council under this
     2  chapter, rules and regulations adopted under this chapter or
     3  applicable Federal laws and regulations.
     4     (e)  Powers of Governor and council cumulative.--The powers
     5  granted to the Governor and the council under this section shall
     6  be in addition to and not in limitation of any emergency powers
     7  now or hereafter vested in the Governor, the council or any
     8  other Commonwealth agency pursuant to any other laws, including
     9  but not limited to any power now vested in the Public Utility
    10  Commission to require utility companies to allocate available
    11  supplies of energy.
    12                            SUBCHAPTER D
    13                      VIOLATIONS AND PENALTIES
    14  Sec.
    15  4131.  Actions for injunctive relief.
    16  4132.  Civil penalties.
    17  4133.  Criminal penalties.
    18  4134.  Recommending license suspension or revocation.
    19  § 4131.  Actions for injunctive relief.
    20     Upon a violation of this chapter or of any rules, regulations
    21  or orders issued under this chapter, the council may institute a
    22  civil action in the Commonwealth Court or in the court of common
    23  pleas of the judicial district in which the violation occurs for
    24  injunctive relief to restrain the violation and for such other
    25  relief as the court shall deem proper. Neither the institution
    26  of this action nor any of the proceedings therein shall relieve
    27  any party to the proceedings from other fines or penalties
    28  prescribed for the violation by this chapter or by any rule,
    29  regulation or order issued under this chapter.
    30  § 4132.  Civil penalties.
    19770S1103B1347                 - 16 -

     1     Any person who fails to provide energy information when so
     2  required by the council shall be liable for a civil penalty of
     3  not more than $3,000 for each offense. If the violation is of a
     4  continuing nature, each day during which it continues shall
     5  constitute an additional and separate offense.
     6  § 4133.  Criminal penalties.
     7     (a)  Purchasers.--Any person purchasing or attempting to
     8  purchase energy in violation of section 4123 4126 (relating to    <--
     9  master energy plan POWERS DURING DISASTER EMERGENCY) or any       <--
    10  rules, regulations or orders issued thereunder commits a summary
    11  offense.
    12     (b)  Retail dealers.--Any retail dealer who violates section
    13  4123 4126 or any rules, regulations or orders issued thereunder   <--
    14  commits a summary offense.
    15     (c)  Suppliers.--Any distributor or any other supplier of
    16  energy who violates any of the provisions of section 4123 4126    <--
    17  or of any rules, regulations or orders issued thereunder commits
    18  a misdemeanor of the first degree.
    19  § 4134.  Recommending license suspension or revocation.
    20     In addition to any other penalties provided under this
    21  chapter or other statute, the council may recommend to the
    22  appropriate agency the suspension or revocation of the license
    23  of any retail dealer, gasoline jobber, wholesale dealer,
    24  distributor or supplier of fuel who has violated this chapter or
    25  any rules, regulations or orders issued under this chapter.
    26     Section 2.  Governor's Energy Council abolished.
    27     (a)  General rule.--The Governor's Energy Council is hereby
    28  abolished and, except as otherwise provided by this act, all the
    29  functions, powers and duties of the existing Governor's Energy
    30  Council are hereby continued in the Pennsylvania Energy Council.
    19770S1103B1347                 - 17 -

     1     (b)  Transfer of funds.--All appropriations, grants and other
     2  moneys available to the Governor's Energy Council are hereby
     3  transferred to the Pennsylvania Energy Council created by this
     4  act and shall remain available for the objects and purposes for
     5  which appropriated, subject to any terms, restrictions,
     6  limitations or other requirements imposed by Federal or State
     7  law.
     8     (c)  Transfer of employees.--The employees of the Governor's
     9  Energy Council are hereby transferred to the Pennsylvania Energy
    10  Council. Nothing in this act shall be construed to deprive the
    11  employees of any rights or protections provided them by the
    12  civil service, pension or retirement laws of this Commonwealth.
    13     (d)  Transfer of property.--All files, books, papers,
    14  records, equipment and other property of the Governor's Energy
    15  Council are hereby transferred to the Pennsylvania Energy
    16  Council.
    17     (e)  Existing rules, regulations and orders.--The rules,
    18  regulations and orders of the Governor's Energy Council shall
    19  continue with full force and effect as the rules, regulations
    20  and orders of the Pennsylvania Energy Council until further
    21  amended or repealed.
    22     (f)  Construction of references.--Whenever in any law, rule,
    23  regulation, order, contract, document, judicial or
    24  administrative proceedings, or otherwise, reference is made to
    25  the Governor's Energy Council, the reference shall be considered
    26  to mean and refer to the Pennsylvania Energy Council.
    27  Section 3.  Expiration of Pennsylvania Energy Council.
    28     (a)  General rule.--Except as provided in subsection (b), the
    29  provisions of 66 Pa.C.S. Chap. 41 (relating to energy
    30  conservation and control) and the Pennsylvania Energy Council
    19770S1103B1347                 - 18 -

     1  shall expire on June 30, 1978.
     2     (b)  Extension by General Assembly.--The General Assembly, by
     3  concurrent resolution adopted prior to the then current
     4  expiration date, may extend the date of expiration for such
     5  additional period and for as many times as the General Assembly
     6  determines.
     7     Section 4.  Effective date.
     8     This act shall take effect in 60 days.















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