SENATE AMENDED
PRIOR PRINTER'S NOS. 211, 739, 1971, PRINTER'S NO. 2223
2079
No. 191 Session of 1977
INTRODUCED BY MESSRS. TAYLOR, L. E. SMITH, BENNETT, GARZIA,
B. F. O'BRIEN, SWEET, J. L. WRIGHT, BURNS, SCHEAFFER,
KUSSE, LEHR, MEBUS, TRELLO, HALVERSON, SHUMAN,
A. C. FOSTER, DOMBROWSKI, PYLES AND DeWEESE, FEBRUARY 9, 1977
SENATOR KURY, CONSUMER AFFAIRS, IN SENATE, AS AMENDED,
OCTOBER 31, 1977
AN ACT
1 Creating the Pennsylvania Energy Council; prescribing its duties <--
2 and powers; providing for the payment of its expenses;
3 imposing duties upon Commonwealth departments, commissions
4 and other agencies and making an appropriation.
5 AMENDING TITLE 66 (PUBLIC UTILITIES) OF THE PENNSYLVANIA <--
6 CONSOLIDATED STATUTES, ADDING PROVISIONS RELATING TO ENERGY
7 CONSERVATION AND CONTROL.
8 TABLE OF CONTENTS
9 TITLE 66
10 PUBLIC UTILITIES
11 PART II. OTHER PROVISIONS
12 CHAPTER 41. ENERGY CONSERVATION AND CONTROL
13 SUBCHAPTER A. PRELIMINARY PROVISIONS
14 § 4101. SHORT TITLE OF CHAPTER.
15 § 4102. FINDINGS AND DECLARATION OF POLICY.
16 § 4103. DEFINITIONS.
17 SUBCHAPTER B. PENNSYLVANIA ENERGY COUNCIL
18 § 4111. ESTABLISHMENT OF COUNCIL.
19 § 4112. ORGANIZATION OF COUNCIL.
20 § 4113. POWERS AND DUTIES.
21 § 4114. UTILIZATION OF EXISTING SERVICES AND FACILITIES.
22 § 4115. ACCESS TO FACILITIES AND RECORDS OF ENERGY INDUSTRIES.
23 § 4116. SUBPOENA AND EXAMINATION OF WITNESSES AND DOCUMENTS.
24 SUBCHAPTER C. ENERGY INFORMATION, PLANNING AND ALLOCATION
25 § 4121. PERIODIC REPORTS FROM ENERGY INDUSTRIES.
26 § 4122. UTILIZATION OF PREVIOUSLY SUPPLIED INFORMATION.
27 § 4123. MASTER ENERGY PLAN.
28 § 4124. EMERGENCY ENERGY ALLOCATION PLAN.
29 § 4125. DECLARATION BY GOVERNOR OF DISASTER EMERGENCY.
1 § 4126. POWERS DURING DISASTER EMERGENCY.
2 SUBCHAPTER D. VIOLATIONS AND PENALTIES
3 § 4131. ACTIONS FOR INJUNCTIVE RELIEF.
4 § 4132. CIVIL PENALTIES.
5 § 4133. CRIMINAL PENALTIES.
6 § 4134. RECOMMENDING LICENSE SUSPENSION OR REVOCATION.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Findings and declaration of policy. <--
10 The General Assembly finds as a fact that there is in
11 prospect for the indefinite future a shortage of all forms of
12 energy, including oil, natural gas and other fuels and the
13 electricity into which such fuels are sometimes converted; and
14 that such shortage is likely to curtail industrial activity,
15 increase unemployment and threaten the health, welfare and
16 comfort of citizens of the Commonwealth.
17 The future well-being of Pennsylvania makes it imperative
18 that the Commonwealth pursue a policy that will result in an
19 energy program that will provide adequate supply of power for
20 Pennsylvania.
21 The General Assembly declares that it is the policy of the
22 Commonwealth of Pennsylvania to make plans that will encourage
23 the future growth of power supplies and the development of our
24 natural resources so that the Commonwealth will progress
25 economically, ecologically and socially.
26 Because of the complexity of the problem, the diverse factors
27 that make up the solution and the need for a coordinated policy
28 that crosses departmental authority and local government
29 boundary lines, the General Assembly creates the Pennsylvania
30 Energy Council as the one authority that has jurisdiction over
31 the study of the development and growth of energy resources.
32 The council has authority to predict future energy needs of
19770H0191B2223 - 2 -
1 the Commonwealth, to outline the course that needs to be pursued
2 to keep needs and available supply in balance, to enlist the aid
3 of the most competent persons in the energy field and maintain
4 continuous surveillance of energy conditions and to make
5 recommendations for legislation that would ameliorate or avert
6 future energy shortages.
7 The Pennsylvania Energy Council shall formulate a
8 comprehensive, integrated, long-range energy plan for the
9 Commonwealth and a program for the utilization of the
10 Commonwealth's fuel supplies that will meet the present and
11 future energy needs of the people of the Commonwealth.
12 Further, it is the policy of the Commonwealth of Pennsylvania
13 that individuals, interested groups, representatives of
14 governmental bodies, utility representatives and experts in the
15 field of energy participate in timely and meaningful public
16 hearings as part of the decision-making process in the formation
17 of such a program and in the selection of sites for facilities
18 and transmission routes.
19 It is further the policy of the Commonwealth of Pennsylvania
20 that every effort be made to make coal the primary source of
21 energy in Pennsylvania.
22 Section 2. Council established.
23 There is hereby created as an arm of the General Assembly a
24 Pennsylvania Energy Council composed of 15 members, consisting
25 of the Secretary of Commerce, the Secretary of Environmental
26 Resources, the Chairman of the Public Utility Commission or
27 their respective designees, two members of the State Senate who
28 shall be from different political parties and appointed by the
29 President pro tempore of the Senate, two members of the House of
30 Representatives, who shall be from different political parties
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1 and appointed by the Speaker of the House and the following to
2 be appointed by the Governor: eight citizens, at least two of
3 which must be members of consumer or environmental groups and
4 four who shall be persons possessing knowledge and experience in
5 the supply and use of oil, gas, coal and electricity
6 respectively and two from the academic community who have
7 expertise in energy related fields. The terms of the members
8 appointed by the Governor shall be for three years each. Terms
9 of members of the General Assembly will be for two years each,
10 except that they shall not serve on the council if their term of
11 office has expired.
12 The Secretary of Commerce shall serve as temporary chairman
13 of the council and shall call the first meeting within 30 days
14 after this legislation shall become law. At the initial meeting
15 and at the first meeting each year thereafter the commission
16 shall elect one of its members as chairman, another as vice
17 chairman and a third as secretary. Members shall be reimbursed
18 for actual and necessary expenses. The commission may retain and
19 fix the salary and compensation for an executive director and
20 such professional, clerical and stenographic personnel as it may
21 require in accordance with the act of April 9, 1929 (P.L.177,
22 No.175), known as "The Administrative Code of 1929" and within
23 budgetary limitations.
24 Vacancies shall be filled for unexpired terms in the same
25 manner as original appointments.
26 Section 3. Compensation.
27 None of the members of the council shall receive a salary.
28 Expenses actually incurred shall be reimbursed by warrant,
29 signed by the executive director or the chairman of the council.
30 Section 4. Planning requirements.
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1 (a) The council shall prepare, maintain and publish a
2 comprehensive, long-range and integrated energy resources plan
3 for the Commonwealth designed to meet the present and future
4 energy needs of the Commonwealth pursuant to this act, as
5 follows:
6 (1) The council shall deliver such a plan annually to
7 the General Assembly of the Commonwealth with the first such
8 plan being presented not more than one year from the
9 effective date of this act and such additional plans being
10 presented on or before the anniversary date of the first
11 plan.
12 (2) The plan shall include energy supply projections,
13 fuel supply projections, fuel supply locations and the need
14 for development of energy and fuel supplies in a timely,
15 efficient, ecological and economical manner.
16 (3) The plan shall include an inventory of potential
17 energy sites.
18 (4) The council shall, as part of its annual report,
19 recommend such legislation to the General Assembly as it
20 deems necessary.
21 (5) In order to formulate the plan the council may
22 require such information as necessary from such corporations,
23 cooperatives and municipal corporations as are active in the
24 field of power supply, energy or supply of fuel for power
25 supply as it may deem necessary and that the office may
26 prepare and distribute forms upon which such information
27 shall be produced.
28 (6) In order to formulate the plan, the council may
29 order such public hearings as it may deem necessary, but not
30 less than three in different parts of the Commonwealth each
19770H0191B2223 - 5 -
1 year, take testimony, issue subpoenas under the seal of the
2 director commanding any person to appear at the hearings and
3 answer questions touching matters properly being inquired
4 into and to produce such books, papers, records and documents
5 as deemed necessary.
6 (7) In recognition of the diverse factors that enter
7 into the public hearings, the council shall invite all
8 interested citizens, groups and representatives of political
9 subdivisions and others interested to participate in the
10 public hearings.
11 (8) The council may request and shall receive from any
12 unit of local government or any department, board, bureau,
13 commission, office or other instrumentality of this
14 Commonwealth such assistance and data as it determines is
15 necessary or desirable in carrying out this act.
16 (9) In order to formulate such plan, the council shall
17 be authorized and empowered to undertake any studies,
18 inquiries or analysis as it may deem necessary through its
19 own personnel, in cooperation with any other private agency
20 or through such contracts with such outside experts as it may
21 deem necessary, provided that such contracts are made in
22 accordance with the act of April 9, 1929 (P.L.177, No.175),
23 known as "The Administrative Code of 1929" and within
24 budgetary limitations.
25 (b) The council may assist in the development of new methods
26 of using the energy and fuel resources available within the
27 Commonwealth. Special emphasis shall be placed on the
28 development of coal as a fuel supply.
29 (c) The council shall coordinate programs and plans of
30 corporations, cooperatives and municipal authorities in
19770H0191B2223 - 6 -
1 conjunction with power supplies and fuel resources.
2 (d) The council shall receive from the Council of Civil
3 Defense plans to distribute emergency fuel supplies in the case
4 of emergency with special emphasis on plans to supply hard-to-
5 reach areas. In the event of such an emergency, the Council of
6 Civil Defense, under the direction and control of the council,
7 shall distribute emergency fuel supplies in accordance with said
8 plan.
9 (e) The council is authorized to receive, expend and
10 distribute all energy related grants and funds.
11 (f) The council is authorized to administer all Federal and
12 State energy programs.
13 Section 5. Federal coordination.
14 The council shall cooperate with Federal and interstate
15 authorities and is empowered to act as a coordinating agency
16 with Federal and interstate authorities in planning for the
17 future energy needs of the Commonwealth.
18 In the formulation of the plan, the council shall meet the
19 requirements of the Federal Energy Policy and Conservation Act
20 (Public Law 94-163), and the Energy Conservation and Production
21 Act (Public Law 94-385), including the following:
22 (1) Programs to promote carpools and public
23 transportation.
24 (2) Mandatory lighting efficiency standards for public
25 buildings.
26 (3) Mandatory thermal efficiency standards and
27 insulation requirements on all buildings.
28 (4) Mandatory energy efficiency standards.
29 (5) Programs for energy conservation.
30 Section 6. Abolition.
19770H0191B2223 - 7 -
1 The General Assembly hereby abolishes the Governor's Energy
2 Council and all other such organizations within the government
3 of the Commonwealth of Pennsylvania and transfers remaining
4 appropriations from the Governor's Energy Council to the
5 Pennsylvania Energy Council, along with all records, contracts,
6 documents and similar material. All Federal Funds allocated to
7 the Governor's Energy Council shall also be transferred.
8 Section 7. Appropriation.
9 All money previously appropriated to the Governor's Energy
10 Council from all sources for the fiscal year 1977-1978 and
11 remaining unspent shall be lapsed by the Budget Secretary on the
12 effective date of this act and is hereby specifically
13 reappropriated to the Pennsylvania Energy Council for the
14 remainder of the fiscal year 1977-1978.
15 Section 8. Effective date.
16 This act shall take effect immediately.
17 SECTION 1. PART II OF TITLE 66, ACT OF NOVEMBER 25, 1970 <--
18 (P.L.707, NO.230), KNOWN AS THE PENNSYLVANIA CONSOLIDATED
19 STATUTES, IS AMENDED BY ADDING A CHAPTER TO READ:
20 TITLE 66
21 PUBLIC UTILITIES
22 PART
23 II. OTHER PROVISIONS
24 PART II
25 OTHER PROVISIONS
26 CHAPTER
27 41. ENERGY CONSERVATION AND CONTROL
28 CHAPTER 41
29 ENERGY CONSERVATION AND CONTROL
30 SUBCHAPTER
19770H0191B2223 - 8 -
1 A. PRELIMINARY PROVISIONS
2 B. PENNSYLVANIA ENERGY COUNCIL
3 C. ENERGY INFORMATION, PLANNING AND ALLOCATION
4 D. VIOLATIONS AND PENALTIES
5 SUBCHAPTER A
6 PRELIMINARY PROVISIONS
7 SEC.
8 4101. SHORT TITLE OF CHAPTER.
9 4102. FINDINGS AND DECLARATION OF POLICY
10 4103. DEFINITIONS.
11 § 4101. SHORT TITLE OF CHAPTER.
12 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE "ENERGY
13 CONSERVATION AND CONTROL LAW."
14 § 4102. FINDINGS AND DECLARATION OF POLICY.
15 THE GENERAL ASSEMBLY FINDS AS A FACT THAT THERE IS IN
16 PROSPECT FOR THE INDEFINITE FUTURE A SHORTAGE OF ALL FORMS OF
17 ENERGY, INCLUDING OIL, NATURAL GAS AND OTHER FUELS AND THE
18 ELECTRICITY INTO WHICH SUCH FUELS ARE SOMETIMES CONVERTED; AND
19 THAT SUCH SHORTAGE IS LIKELY TO CURTAIL INDUSTRIAL ACTIVITY,
20 INCREASE UNEMPLOYMENT AND THREATEN THE HEALTH, WELFARE AND
21 COMFORT OF CITIZENS OF THE COMMONWEALTH.
22 THE FUTURE WELL-BEING OF PENNSYLVANIA MAKES IT IMPERATIVE
23 THAT THE COMMONWEALTH PURSUE A POLICY THAT WILL RESULT IN AN
24 ENERGY PROGRAM THAT WILL PROVIDE ADEQUATE SUPPLY OF ENERGY FOR
25 PENNSYLVANIA.
26 THE GENERAL ASSEMBLY DECLARES THAT IT IS THE POLICY OF THE
27 COMMONWEALTH OF PENNSYLVANIA TO MAKE PLANS THAT WILL ENCOURAGE
28 THE FUTURE GROWTH OF ENERGY SUPPLIES AND THE DEVELOPMENT OF OUR
29 NATURAL RESOURCES SO THAT THE COMMONWEALTH WILL PROGRESS
30 ECONOMICALLY, ECOLOGICALLY AND SOCIALLY.
19770H0191B2223 - 9 -
1 BECAUSE OF THE COMPLEXITY OF THE PROBLEM, THE DIVERSE FACTORS
2 THAT MAKE UP THE SOLUTION AND THE NEED FOR A COORDINATED POLICY
3 THAT CROSSES DEPARTMENTAL AUTHORITY AND LOCAL GOVERNMENT
4 BOUNDARY LINES, THE GENERAL ASSEMBLY CREATES THE PENNSYLVANIA
5 ENERGY COUNCIL TO OVERSEE THE DEVELOPMENT AND GROWTH OF ENERGY
6 RESOURCES IN THE COMMONWEALTH.
7 FURTHER, IT IS THE POLICY OF THE COMMONWEALTH OF PENNSYLVANIA
8 THAT INDIVIDUALS, INTERESTED GROUPS, REPRESENTATIVES OF
9 GOVERNMENTAL BODIES, UTILITY REPRESENTATIVES AND EXPERTS IN THE
10 FIELD OF ENERGY PARTICIPATE IN THE DECISION-MAKING PROCESS OF
11 THE COUNCIL.
12 IT IS FURTHER THE POLICY OF THE COMMONWEALTH OF PENNSYLVANIA
13 THAT EVERY EFFORT BE MADE TO MAKE COAL THE PRIMARY SOURCE OF
14 ENERGY IN PENNSYLVANIA.
15 § 4103. DEFINITIONS.
16 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
17 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
18 MEANINGS GIVEN TO THEM IN THIS SECTION:
19 "COUNCIL." THE PENNSYLVANIA ENERGY COUNCIL.
20 "DISASTER." A MAN-MADE DISASTER, NATURAL DISASTER OR WAR-
21 CAUSED DISASTER.
22 "DISTRIBUTOR." A PERSON WHO:
23 (1) IMPORTS INTO THIS COMMONWEALTH FUELS FOR USE,
24 DISTRIBUTION, STORAGE OR SALE IN THIS COMMONWEALTH; OR
25 (2) PRODUCES, REFINES, MANUFACTURES, BLENDS OR COMPOUNDS
26 FUELS AND SELLS, USES, STORES OR DISTRIBUTES FUELS WITHIN
27 THIS COMMONWEALTH.
28 "ENERGY." ELECTRICITY HOWEVER GENERATED, FUELS, PETROLEUM
29 PRODUCTS AND GASES, AND ALL POWER DERIVED FROM, OR GENERATED BY,
30 ANY NATURAL OR MAN-MADE AGENT, INCLUDING, BUT NOT LIMITED TO,
19770H0191B2223 - 10 -
1 PETROLEUM PRODUCTS, GASES, SOLAR RADIATION, ATOMIC FISSION OR
2 FUSION, MINERAL FORMATIONS, THERMAL GRADIENTS, WIND OR WATER.
3 "ENERGY FACILITY." ANY PLANT OR OPERATION WHICH PRODUCES,
4 CONVERTS, DISTRIBUTES OR STORES, EXCEPT STORAGE FOR ITS OWN USE,
5 ENERGY OR CONVERTS ONE FORM OF ENERGY TO ANOTHER. THE TERM DOES
6 NOT INCLUDE AN OPERATION CONDUCTED BY A PERSON ACTING ONLY AS A
7 RETAIL DEALER, NOR DOES THE TERM INCLUDE ANY PLANT OR OPERATION
8 WHICH MINES OR PRODUCES ENERGY STRICTLY FOR ITS OWN
9 MANUFACTURING PROCESSES, OR ANY FACILITY UTILIZING WASTE PROCESS
10 HEAT AS AN ENERGY EFFICIENCY MEASURE.
11 "ENERGY INDUSTRY." A PERSON ENGAGED IN THE EXPLORATION,
12 EXTRACTION, TRANSPORTATION, TRANSMISSION, REFINING, PROCESSING,
13 GENERATION, DISTRIBUTION, SALE OR STORAGE OF ENERGY.
14 "EXECUTIVE DIRECTOR." THE DIRECTOR OF THE PENNSYLVANIA
15 ENERGY COUNCIL.
16 "FUEL." COAL, PETROLEUM PRODUCTS, GASES AND NUCLEAR FUEL,
17 INCLUDING ENRICHED URANIUM, U235 AND U238, AND PLUTONIUM, U239.
18 "GASES." NATURAL GAS, METHANE, LIQUIFIED NATURAL GAS,
19 SYNTHETIC NATURAL GAS, COAL GAS AND OTHER MANUFACTURED GASES.
20 "MAN-MADE DISASTER." ANY INDUSTRIAL, NUCLEAR OR
21 TRANSPORTATION ACCIDENT, EXPLOSION, CONFLAGRATION, POWER
22 FAILURE, NATURAL RESOURCE SHORTAGE OR OTHER CONDITION, EXCEPT
23 ENEMY ACTION, RESULTING FROM MAN-MADE CAUSES, SUCH AS OIL SPILLS
24 AND OTHER INJURIOUS ENVIRONMENTAL CONTAMINATION, WHICH THREATENS
25 OR CAUSES DAMAGE TO PROPERTY, HUMAN SUFFERING, HARDSHIP OR LOSS
26 OF LIFE.
27 "NATURAL DISASTER." ANY HURRICANE, TORNADO, STORM, FLOOD,
28 HIGH WATER, WIND-DRIVEN WATER, TIDAL WAVE, EARTHQUAKE,
29 LANDSLIDE, MUDSLIDE, SNOWSTORM, DROUGHT, FIRE, EXPLOSION, OTHER
30 SEVERE WEATHER CONDITION OR OTHER CATASTROPHE WHICH RESULTS IN
19770H0191B2223 - 11 -
1 DAMAGE TO PROPERTY, HARDSHIP, SUFFERING OR POSSIBLE LOSS OF
2 LIFE.
3 "PETROLEUM PRODUCTS." INCLUDES MOTOR GASOLINE, MIDDLE
4 DISTILLATE OILS, RESIDUAL FUEL OILS, AVIATION FUEL, PROPANE,
5 BUTANE, NATURAL GASOLINE, NAPHTHA, GAS OILS, LUBRICATING OILS
6 AND ANY OTHER SIMILAR OR DISSIMILAR LIQUID HYDROCARBONS.
7 "PURCHASE." INCLUDES, IN ADDITION TO ITS ORDINARY MEANING,
8 ANY ACQUISITION OF OWNERSHIP OR POSSESSION INCLUDING BUT NOT
9 LIMITED TO CONDEMNATION BY EMINENT DOMAIN PROCEEDINGS.
10 "RETAIL DEALER." A PERSON WHO ENGAGES IN THE BUSINESS OF
11 SELLING FUELS FROM A FIXED LOCATION INCLUDING BUT NOT LIMITED TO
12 A SERVICE STATION, FILLING STATION, STORE OR GARAGE DIRECTLY TO
13 THE ULTIMATE USERS OF THE FUEL.
14 "SALE." INCLUDES, IN ADDITION TO ITS ORDINARY MEANING, ANY
15 EXCHANGE, GIFT, THEFT OR OTHER DISPOSITION. IN CASES WHERE FUELS
16 ARE EXCHANGED, GIVEN, STOLEN OR OTHERWISE DISPOSED OF, THEY
17 SHALL BE DEEMED TO HAVE BEEN SOLD.
18 "TRADE SECRET." THE WHOLE OR ANY PORTION OR PHASE OF ANY
19 SCIENTIFIC, TECHNICAL OR OTHERWISE PROPRIETARY INFORMATION,
20 DESIGN, PROCESS, PROCEDURE, FORMULA OR IMPROVEMENT WHICH IS USED
21 IN ONE'S BUSINESS AND IS SECRET AND OF VALUE; AND A TRADE SECRET
22 SHALL BE PRESUMED TO BE SECRET WHEN THE OWNER TAKES MEASURES TO
23 PREVENT IT FROM BECOMING AVAILABLE TO PERSONS OTHER THAN THOSE
24 SELECTED BY THE OWNER TO HAVE ACCESS THERETO FOR LIMITED
25 PURPOSES.
26 "WAR-CAUSED DISASTER." ANY CONDITION FOLLOWING AN ATTACK
27 UPON THE UNITED STATES RESULTING IN SUBSTANTIAL DAMAGE TO
28 PROPERTY OR INJURY TO PERSONS IN THE UNITED STATES CAUSED BY USE
29 OF BOMBS, MISSILES, SHELLFIRE, NUCLEAR, RADIOLOGICAL, CHEMICAL
30 OR BIOLOGICAL MEANS, OR OTHER WEAPONS OR OVERT PARAMILITARY
19770H0191B2223 - 12 -
1 ACTIONS, OR OTHER CONDITIONS SUCH AS SABOTAGE.
2 "WHOLESALE DEALER." A PERSON WHO ENGAGES IN THE BUSINESS OF
3 SELLING FUELS TO OTHER PERSONS WHO RESELL THE FUEL.
4 SUBCHAPTER B
5 PENNSYLVANIA ENERGY COUNCIL
6 SEC.
7 4111. ESTABLISHMENT OF COUNCIL.
8 4112. ORGANIZATION OF COUNCIL.
9 4113. POWERS AND DUTIES.
10 4114. UTILIZATION OF EXISTING SERVICES AND FACILITIES.
11 4115. ACCESS TO FACILITIES AND RECORDS OF ENERGY INDUSTRIES.
12 4116. SUBPOENA AND EXAMINATION OF WITNESSES AND DOCUMENTS.
13 § 4111. ESTABLISHMENT OF COUNCIL.
14 THERE IS HEREBY ESTABLISHED THE PENNSYLVANIA ENERGY COUNCIL
15 TO ASSIST IN THE DIRECTION, CONTROL AND COORDINATION OF ENERGY
16 RESOURCES.
17 § 4112. ORGANIZATION OF COUNCIL.
18 (A) COMPOSITION.--THE COUNCIL SHALL CONSIST OF THE GOVERNOR
19 EX OFFICIO, LIEUTENANT GOVERNOR, ADJUTANT GENERAL, CHAIRMAN OF
20 THE OFFICE OF EMERGENCY PREPAREDNESS, CHAIRMAN OF THE PUBLIC
21 UTILITY COMMISSION, SECRETARY OF ENVIRONMENTAL RESOURCES,
22 SECRETARY OF TRANSPORTATION, SECRETARY OF COMMERCE, SECRETARY OF
23 COMMUNITY AFFAIRS OR THEIR DESIGNEES, TWO MEMBERS OF THE SENATE,
24 WHO SHALL BE FROM DIFFERENT POLITICAL PARTIES AND WHO SHALL BE
25 APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE, TWO
26 MEMBERS OF THE HOUSE OF REPRESENTATIVES, WHO SHALL BE FROM
27 DIFFERENT POLITICAL PARTIES AND WHO SHALL BE APPOINTED BY THE
28 SPEAKER OF THE HOUSE OF REPRESENTATIVES OR THEIR DESIGNEES AND
29 EIGHT CITIZENS, TO BE APPOINTED FOR TERMS OF THREE YEARS BY THE
30 GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF A MAJORITY OF THE
19770H0191B2223 - 13 -
1 MEMBERS ELECTED TO THE SENATE, TWO OF WHOM SHALL BE MEMBERS OF
2 THE GENERAL PUBLIC, TWO OF WHOM SHALL BE ELECTED MUNICIPAL
3 GOVERNMENT OFFICIALS AND FOUR OF WHOM SHALL EITHER BE PERSONS
4 POSSESSING KNOWLEDGE AND EXPERIENCE IN THE FIELDS OF OIL, GAS,
5 COAL OR ELECTRICITY, RESPECTIVELY. TERMS OF MEMBERS OF THE
6 GENERAL ASSEMBLY WILL BE FOR TWO YEARS EACH, EXCEPT THAT THEY
7 SHALL NOT SERVE ON THE COUNCIL IF THEIR TERM OF OFFICE HAS
8 EXPIRED. VACANCIES SHALL BE FILLED FOR UNEXPIRED TERMS IN THE
9 SAME MANNER AS ORIGINAL APPOINTMENTS.
10 (B) OFFICERS, QUORUM AND MEETINGS.--THE LIEUTENANT GOVERNOR
11 SHALL BE THE CHAIRMAN AND THE COUNCIL SHALL AT THE INITIAL
12 MEETING AND AT THE FIRST MEETING EACH YEAR THEREAFTER ELECT A
13 VICE CHAIRMAN AND SECRETARY FROM THE MEMBERSHIP. ELEVEN MEMBERS
14 OF THE COUNCIL SHALL CONSTITUTE A QUORUM. THE COUNCIL SHALL MEET
15 WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS ACT AND THEREAFTER
16 AT THE CALL OF THE CHAIRMAN OR A MAJORITY OF ITS MEMBERS.
17 (C) EMPLOYEES AND EXPENDITURES.--THE COUNCIL MAY EMPLOY AN
18 EXECUTIVE DIRECTOR AND SUCH TECHNICAL, CLERICAL, STENOGRAPHIC
19 AND OTHER PERSONNEL, FIX THEIR COMPENSATION AND MAY MAKE SUCH
20 EXPENDITURES WITHIN THE APPROPRIATION THEREFOR OR OTHER FUNDS
21 MADE AVAILABLE TO IT AS ARE NECESSARY TO CARRY OUT THE PURPOSES
22 OF THIS CHAPTER.
23 (D) COMPENSATION AND EXPENSES.--THE MEMBERS OF THE COUNCIL
24 SHALL SERVE WITHOUT COMPENSATION BUT MAY BE REIMBURSED FOR THEIR
25 ACTUAL AND NECESSARY TRAVELING AND OTHER EXPENSES INCURRED IN
26 CONNECTION WITH ATTENDANCE UPON MEETINGS OF THE COUNCIL.
27 (E) OFFICES, EQUIPMENT AND SUPPLIES.--THE COUNCIL SHALL BE
28 PROVIDED WITH APPROPRIATE OFFICE SPACE, FURNITURE, EQUIPMENT,
29 SUPPLIES, STATIONERY AND PRINTING IN THE SAME MANNER AS OTHER
30 COMMONWEALTH AGENCIES ARE SUPPLIED.
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1 (F) CONFLICT OF INTEREST.--NO PERSON WHO IS AN OFFICIAL OR
2 EMPLOYEE OF THE COUNCIL SHALL PARTICIPATE IN ANY MANNER IN ANY
3 DECISION OR ACTION OF THE COUNCIL WHEREIN THE OFFICIAL OR
4 EMPLOYEE HAS A DIRECT OR INDIRECT FINANCIAL INTEREST.
5 (G) APPLICABILITY OF OTHER LAW.--THE COUNCIL SHALL BE
6 SUBJECT TO THE PROVISIONS OF THE ACT OF APRIL 9, 1929 (P.L.177,
7 NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929," EXCEPT AS
8 IN THIS PART OTHERWISE PROVIDED.
9 § 4113. POWERS AND DUTIES.
10 THE COUNCIL SHALL:
11 (1) BE THE CENTRAL REPOSITORY WITHIN THIS COMMONWEALTH
12 FOR THE COLLECTION OF ENERGY INFORMATION.
13 (2) COLLECT AND ANALYZE DATA RELATING TO PRESENT AND
14 FUTURE DEMANDS AND RESOURCES FOR ALL FORMS OF ENERGY.
15 (3) HAVE AUTHORITY TO REQUIRE ANY ENERGY INDUSTRY WITHIN
16 THIS COMMONWEALTH TO SUBMIT SUCH INFORMATION AS SHALL BE
17 REQUIRED TO CARRY OUT THE PROVISIONS OF THIS CHAPTER
18 INCLUDING BUT NOT LIMITED TO INFORMATION NECESSARY FOR
19 DETERMINING THE IMPACT OF ANY CONSTRUCTION OR DEVELOPMENT ON
20 THE PRODUCTION, DISTRIBUTION, CONSUMPTION OR CONSERVATION OF
21 ENERGY WITHIN THIS COMMONWEALTH.
22 (4) ESTABLISH AN ENERGY INFORMATION SYSTEM WHICH WILL
23 PROVIDE FOR THE FORECASTING AND PUBLISHING OF ANTICIPATED
24 ENERGY SHORTAGES AND WHICH WILL PROVIDE ALL DATA NECESSARY TO
25 INSURE A FAIR AND EQUITABLE DISTRIBUTION OF AVAILABLE ENERGY,
26 PERMIT A MORE EFFICIENT AND EFFECTIVE USE OF AVAILABLE ENERGY
27 AND PROVIDE THE BASIS FOR LONG-TERM PLANNING RELATED TO
28 ENERGY NEEDS.
29 (5) INFORM AND EDUCATE THE PUBLIC ABOUT THE WAYS IN
30 WHICH ENERGY CAN BE CONSERVED.
19770H0191B2223 - 15 -
1 (6) MONITOR PRICES CHARGED FOR ENERGY WITHIN THIS
2 COMMONWEALTH, EVALUATE POLICIES GOVERNING THE ESTABLISHMENT
3 OF RATES AND PRICES FOR ENERGY AND MAKE RECOMMENDATIONS FOR
4 NECESSARY CHANGES IN THESE POLICIES TO OTHER CONCERNED
5 FEDERAL AND COMMONWEALTH AGENCIES AND TO THE GENERAL
6 ASSEMBLY.
7 (7) HAVE AUTHORITY TO CONDUCT AND SUPERVISE RESEARCH
8 PROJECTS AND PROGRAMS FOR THE PURPOSE OF INCREASING THE
9 EFFICIENCY OF ENERGY USE, DEVELOPING NEW SOURCES OF ENERGY,
10 EVALUATING ENERGY CONSERVATION MEASURES AND MEETING OTHER
11 GOALS CONSISTENT WITH THE INTENT OF THIS CHAPTER, AND IT MAY
12 DO SO IN COOPERATION WITH ANY OTHER PUBLIC OR PRIVATE AGENCY
13 OR THROUGH SUCH CONTRACTS WITH SUCH OUTSIDE EXPERTS AS IT MAY
14 DEEM NECESSARY, PROVIDED THAT SUCH CONTRACTS ARE MADE IN
15 ACCORDANCE WITH THE ACT OF APRIL 9, 1929 (P.L.177, NO.175),
16 KNOWN AS "THE ADMINISTRATIVE CODE OF 1929," AND WITHIN
17 BUDGETARY LIMITATIONS. THE COUNCIL SHALL PLACE SPECIAL
18 EMPHASIS ON THE DEVELOPMENT OF ENERGY AND FUEL RESOURCES
19 AVAILABLE WITHIN THE COMMONWEALTH, ESPECIALLY COAL.
20 (8) HAVE AUTHORITY TO DISTRIBUTE AND EXPEND FUNDS MADE
21 AVAILABLE FOR THE PURPOSE OF RESEARCH PROJECTS AND PROGRAMS.
22 (9) 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 (10) 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
19770H0191B2223 - 16 -
1 OF THIS CHAPTER SUBJECT TO APPROPRIATION BY THE GENERAL
2 ASSEMBLY.
3 (11) HAVE AUTHORITY TO ADOPT AND PROMULGATE RULES AND
4 REGULATIONS NECESSARY AND PROPER TO CARRY OUT THE PURPOSES OF
5 THIS CHAPTER.
6 (12) ADMINISTER SUCH REGULATIONS OF AGENCIES OF THE
7 FEDERAL GOVERNMENT AS ARE APPLICABLE TO THE STATES INCLUDING
8 BUT NOT LIMITED TO STATE ENERGY CONSERVATION PLANS.
9 § 4114. UTILIZATION OF EXISTING SERVICES AND FACILITIES.
10 IN ORDER TO AVOID DUPLICATION OF SERVICES AND FACILITIES, THE
11 COUNCIL SHALL UTILIZE THE SERVICES AND FACILITIES OF EXISTING
12 OFFICERS AND AGENCIES OF THE COMMONWEALTH AND THE POLITICAL
13 SUBDIVISIONS THEREOF. THESE OFFICERS AND AGENCIES SHALL
14 COOPERATE WITH AND EXTEND THEIR SERVICES AND FACILITIES TO THE
15 COUNCIL AS IT SHALL REQUEST.
16 § 4115. ACCESS TO FACILITIES AND RECORDS OF ENERGY INDUSTRIES.
17 THE COUNCIL SHALL HAVE FULL POWER AND AUTHORITY WHENEVER IT
18 SHALL DEEM IT NECESSARY OR PROPER IN CARRYING OUT ANY OF THE
19 PROVISIONS OF THIS CHAPTER TO ENTER UPON THE PREMISES,
20 BUILDINGS, MACHINERY, SYSTEM, PLANT OR EQUIPMENT AND MAKE ANY
21 INSPECTION, VALUATION, PHYSICAL EXAMINATION, INQUIRY OR
22 INVESTIGATION OF ANY AND ALL PLANT AND EQUIPMENT, FACILITIES,
23 PROPERTY AND PERTINENT RECORDS, BOOKS, PAPERS, MEMORANDA,
24 DOCUMENTS OR EFFECTS WHATSOEVER OF ANY ENERGY INDUSTRY, AND TO
25 HOLD ANY HEARING FOR SUCH PURPOSES. IN THE EXERCISE OF THESE
26 POWERS, THE COUNCIL MAY HAVE ACCESS TO AND USE ANY BOOKS,
27 RECORDS OR DOCUMENTS IN THE POSSESSION OF ANY AGENCY OF THE
28 COMMONWEALTH OR ANY POLITICAL SUBDIVISION THEREOF. THE COUNCIL
29 SHALL PRESERVE THE CONFIDENTIALITY OF ANY TRADE SECRETS OF WHICH
30 IT LEARNS IN THE EXERCISE OF THE POWERS GRANTED BY THIS SECTION.
19770H0191B2223 - 17 -
1 § 4116. SUBPOENA AND EXAMINATION OF WITNESSES AND DOCUMENTS.
2 (A) GENERAL RULE.--THE COUNCIL SHALL HAVE THE POWER, IN ANY
3 PART OF THIS COMMONWEALTH, TO SUBPOENA WITNESSES, ADMINISTER
4 OATHS, EXAMINE WITNESSES OR TAKE SUCH TESTIMONY, OR COMPEL THE
5 PRODUCTION OF SUCH BOOKS, RECORDS, PAPERS AND DOCUMENTS AS IT
6 MAY DEEM NECESSARY OR PROPER IN AND PERTINENT TO ANY PROCEEDING,
7 INVESTIGATION OR HEARING HELD OR HAD BY IT AND TO DO ALL
8 NECESSARY AND PROPER THINGS AND ACTS IN THE LAWFUL EXERCISE OF
9 ITS POWERS OR THE PERFORMANCE OF ITS DUTIES. THE COUNCIL SHALL
10 PRESERVE THE CONFIDENTIALITY OF ANY TRADE SECRETS OF WHICH IT
11 LEARNS IN THE EXERCISE OF THE POWERS GRANTED BY THIS SECTION.
12 (B) FEES FOR SERVING SUBPOENA.--THE FEES FOR SERVING A
13 SUBPOENA SHALL BE THE SAME AS THOSE PAID SHERIFFS FOR SIMILAR
14 SERVICES.
15 (C) PENALTY.--IT IS A SUMMARY OFFENSE FOR ANY INDIVIDUAL
16 SUBPOENAED TO ATTEND BEFORE THE COUNCIL, OR ITS REPRESENTATIVE
17 TO FAIL TO OBEY THE COMMAND OF THE SUBPOENA, OR FOR ANY
18 INDIVIDUAL IN ATTENDANCE BEFORE THE COUNCIL OR ITS
19 REPRESENTATIVE TO REFUSE TO BE SWORN OR TO BE EXAMINED, OR TO
20 ANSWER ANY RELEVANT QUESTION, OR TO PRODUCE ANY RELEVANT DATA,
21 BOOK, RECORD, PAPER OR DOCUMENT WHEN ORDERED SO TO DO BY THE
22 COUNCIL OR ITS REPRESENTATIVE.
23 SUBCHAPTER C
24 ENERGY INFORMATION, PLANNING AND ALLOCATION
25 SEC.
26 4121. PERIODIC REPORTS FROM ENERGY INDUSTRIES.
27 4122. UTILIZATION OF PREVIOUSLY SUPPLIED INFORMATION.
28 4123. MASTER ENERGY PLAN.
29 4124. EMERGENCY ENERGY ALLOCATION PLAN.
30 4125. DECLARATION BY GOVERNOR OF DISASTER EMERGENCY.
19770H0191B2223 - 18 -
1 4126. POWERS DURING DISASTER EMERGENCY.
2 § 4121. PERIODIC REPORTS FROM ENERGY INDUSTRIES.
3 (A) GENERAL RULE.--THE COUNCIL SHALL ADOPT RULES AND
4 REGULATIONS REQUIRING THE PERIODIC REPORTING BY ENERGY
5 INDUSTRIES OF ENERGY INFORMATION WHICH SHALL INCLUDE BUT NOT BE
6 LIMITED TO THE FOLLOWING:
7 (1) ELECTRICAL GENERATING CAPACITY IN THIS COMMONWEALTH;
8 LONG-RANGE PLANS FOR ADDITIONS TO THAT CAPACITY; EFFICIENCY
9 OF ELECTRICAL GENERATION; PRICE AND COST FACTORS IN
10 ELECTRICAL GENERATION; TYPES AND QUANTITIES OF FUELS USED;
11 PROJECTIONS OF FUTURE DEMAND, CONSUMPTION OF ELECTRICITY BY
12 SECTORS; AND TIMES, DURATION AND LEVELS OF PEAK DEMAND.
13 (2) PETROLEUM REFINING CAPACITY; AMOUNT AND TYPE OF FUEL
14 PRODUCED; AMOUNT AND TYPE OF FUEL SOLD; INTERSTATE TRANSFERS
15 OF FUEL; PRICE AND COST FACTORS IN REFINING, PRODUCTION AND
16 SALE; LONG-TERM PLANS FOR ALTERATIONS OR ADDITIONS TO
17 REFINING CAPACITY; AND LOCATION, AMOUNT AND TYPE OF FUEL
18 STORAGE.
19 (3) STORAGE CAPACITY FOR GASES; AMOUNT AND END USES OF
20 GASES SOLD; AND PRICE AND COST FACTORS IN THE SALE AND USE OF
21 GASES.
22 (4) PRICE AND COST FACTORS IN THE SALE AND USE OF FUEL
23 OIL; INTERSTATE TRANSFERS OF FUEL OIL; AMOUNT AND TYPE OF
24 FUEL OIL SOLD; LONG-TERM PLANS FOR ALTERATIONS OR ADDITIONS
25 TO STORAGE CAPACITY; AND LOCATION, AMOUNT AND TYPE OF FUEL
26 OIL STORAGE.
27 (5) SUCH OTHER INFORMATION AS THE COUNCIL MAY DETERMINE
28 NECESSARY FOR CARRYING OUT THE PURPOSES OF THIS CHAPTER.
29 (B) FILING COPIES OF REPORTS TO FEDERAL AGENCIES.--THE
30 COUNCIL MAY REQUIRE THE ENERGY INDUSTRY OR PERSON TO FILE WITH
19770H0191B2223 - 19 -
1 IT A COPY OF ANY REPORT FILED BY THE ENERGY INDUSTRY OR PERSON
2 WITH ANY FEDERAL AGENCY.
3 (C) OATH OR AFFIRMATION.--ALL INFORMATION SUBMITTED SHALL BE
4 UNDER OATH OR AFFIRMATION WHEN REQUIRED BY THE COUNCIL.
5 (D) ANNUAL REPORT ANALYZING INFORMATION.--THE COUNCIL SHALL
6 AT LEAST ANNUALLY PUBLISH A REPORT ANALYZING ALL ENERGY
7 INFORMATION COLLECTED, BUT SHALL NOT EXPLICITLY PUBLISH ANY
8 TRADE SECRET OR PUBLISH ANY INFORMATION WHICH COULD HAVE THE
9 EFFECT OF DISCLOSING A TRADE SECRET.
10 § 4122. UTILIZATION OF PREVIOUSLY SUPPLIED INFORMATION.
11 IN ORDER TO AVOID DUPLICATION OF REPORTING BY THE ENERGY
12 INDUSTRY, THE COUNCIL SHALL UTILIZE ANY INFORMATION PREVIOUSLY
13 SUPPLIED TO OFFICERS AND AGENCIES OF THIS COMMONWEALTH AND
14 POLITICAL SUBDIVISIONS THEREOF. THESE OFFICERS AND AGENCIES
15 SHALL COOPERATE WITH AND SUPPLY TO THE COUNCIL SUCH INFORMATION
16 AS THE COUNCIL SHALL REQUEST.
17 § 4123. MASTER ENERGY PLAN.
18 (A) GENERAL RULE.--THE COUNCIL SHALL PREPARE AND, AFTER
19 PUBLIC HEARING, ADOPT WITHIN ONE YEAR FROM THE EFFECTIVE DATE OF
20 THIS ACT A MASTER PLAN FOR A PERIOD OF TEN YEARS ON THE
21 PRODUCTION, DISTRIBUTION, CONSUMPTION AND CONSERVATION OF ENERGY
22 IN THIS COMMONWEALTH AND SHALL DELIVER THE PLAN AND ANY
23 AMENDMENTS THERETO TO THE GENERAL ASSEMBLY.
24 (B) CONTENTS, AMENDMENTS AND PREPARING PLAN.--THE PLAN SHALL
25 INCLUDE LONG-TERM OBJECTIVES BUT SHALL PROVIDE FOR THE INTERIM
26 IMPLEMENTATION OF MEASURES CONSISTENT WITH THESE OBJECTIVES. THE
27 PLAN SHALL ALSO INCLUDE ENERGY AND FUEL SUPPLY PROJECTIONS,
28 ENERGY AND FUEL SUPPLY LOCATIONS AND DETERMINATION OF THE NEED
29 FOR AND WAYS OF ATTAINING DEVELOPMENT OF ENERGY AND FUEL
30 SUPPLIES IN A TIMELY, EFFICIENT, ECOLOGICAL AND ECONOMICAL
19770H0191B2223 - 20 -
1 MANNER. THE COUNCIL MAY FROM TIME TO TIME AND AFTER PUBLIC
2 HEARING AMEND THE MASTER PLAN TO MAINTAIN AND KEEP THE PLAN
3 CURRENT. IN PREPARING THE MASTER PLAN OR ANY PORTION THEREOF OR
4 AMENDMENT THERETO THE COUNCIL SHALL GIVE DUE CONSIDERATION TO
5 THE ENERGY NEEDS AND SUPPLIES IN THE SEVERAL GEOGRAPHIC AREAS OF
6 THIS COMMONWEALTH, AND SHALL HOLD A PUBLIC HEARING IN NOT LESS
7 THAN THREE DIFFERENT PARTS OF THE COMMONWEALTH EACH YEAR FOR
8 SUCH PURPOSE.
9 (C) COOPERATION AND COMPLIANCE WITH OTHER AGENCIES AND
10 FEDERAL LAW.--THE COUNCIL SHALL CONSULT AND COOPERATE WITH ANY
11 FEDERAL OR COMMONWEALTH AGENCY HAVING AN INTEREST IN THE
12 PRODUCTION, DISTRIBUTION, CONSUMPTION OR CONSERVATION OF ENERGY.
13 IN THE FORMULATION OF THE MASTER PLAN, THE COUNCIL SHALL MEET
14 THE REQUIREMENTS OF THE FEDERAL ENERGY POLICY AND CONSERVATION
15 ACT (PUBLIC LAW 94-163), AND THE ENERGY CONSERVATION AND
16 PRODUCTION ACT (PUBLIC LAW 94-385), INCLUDING THE FOLLOWING:
17 (1) PROGRAMS TO PROMOTE CARPOOLS AND PUBLIC
18 TRANSPORTATION.
19 (2) MANDATORY LIGHTING EFFICIENCY STANDARDS FOR PUBLIC
20 BUILDINGS.
21 (3) MANDATORY THERMAL EFFICIENCY STANDARDS AND
22 INSULATION REQUIREMENTS ON ALL BUILDINGS.
23 (4) MANDATORY ENERGY EFFICIENCY STANDARDS.
24 (5) PROGRAMS FOR ENERGY CONSERVATION.
25 § 4124. EMERGENCY ENERGY ALLOCATION PLAN.
26 THE COUNCIL SHALL PREPARE AND ADOPT, IN CONJUNCTION WITH THE
27 PUBLIC UTILITY COMMISSION AND THE OFFICE OF EMERGENCY
28 PREPAREDNESS, AN EMERGENCY ALLOCATION PLAN, INCLUDING A SCHEDULE
29 OF EMERGENCY ENERGY CURTAILMENT BASED ON A UNIFORM
30 CLASSIFICATION OF ENERGY CUSTOMERS, SPECIFYING ACTIONS TO BE
19770H0191B2223 - 21 -
1 TAKEN IN THE EVENT OF A DISASTER EMERGENCY AS PROCLAIMED BY THE
2 GOVERNOR PURSUANT TO SECTION 4125 (RELATING TO DECLARATION BY
3 GOVERNOR OF DISASTER EMERGENCY). THE COUNCIL SHALL DIRECT ALL
4 COMMONWEALTH AGENCIES TO DEVELOP, SUBJECT TO APPROVAL BY THE
5 COUNCIL, CONTINGENCY PLANS FOR DEALING WITH THESE EMERGENCIES.
6 IN ANY EVENT, THOSE PORTIONS OF SUCH EMERGENCY ALLOCATION PLANS
7 OR CONTINGENCY PLANS SPECIFICALLY PERTAINING TO ENERGY
8 INDUSTRIES REGULATED BY THE PUBLIC UTILITY COMMISSION SHALL BE
9 INITIALLY PREPARED AND THEREAFTER REVISED BY THE PUBLIC UTILITY
10 COMMISSION, AT THE REQUEST OF AN WITH THE APPROVAL OF THE
11 COUNCIL IN SUCH TIME PERIOD AS THE COUNCIL SHALL DIRECT.
12 § 4125. DECLARATION BY GOVERNOR OF DISASTER EMERGENCY.
13 (A) RESPONSIBILITY TO MEET DISASTERS.--THE GOVERNOR IS
14 RESPONSIBLE FOR MEETING THE DANGERS TO THIS COMMONWEALTH AND
15 PEOPLE PRESENTED BY DISASTERS.
16 (B) EXECUTIVE ORDERS, PROCLAMATIONS AND REGULATIONS.--UNDER
17 THIS CHAPTER, THE GOVERNOR MAY ISSUE, AMEND AND RESCIND
18 EXECUTIVE ORDERS, PROCLAMATIONS AND REGULATIONS WHICH SHALL HAVE
19 THE FORCE AND EFFECT OF LAW.
20 (C) DECLARATION OF DISASTER EMERGENCY.--A DISASTER EMERGENCY
21 SHALL BE DECLARED BY EXECUTIVE ORDER OR PROCLAMATION OF THE
22 GOVERNOR UPON FINDING THAT A DISASTER HAS OCCURRED OR THAT THE
23 OCCURRENCE OR THE THREAT OF A DISASTER IS IMMINENT. THE STATE OF
24 DISASTER EMERGENCY SHALL CONTINUE UNTIL THE GOVERNOR FINDS THAT
25 THE THREAT OR DANGER HAS PASSED OR THE DISASTER HAS BEEN DEALT
26 WITH TO THE EXTENT THAT EMERGENCY CONDITIONS NO LONGER EXIST AND
27 TERMINATES THE STATE OF DISASTER EMERGENCY BY EXECUTIVE ORDER OR
28 PROCLAMATION, BUT NO STATE OF DISASTER EMERGENCY MAY CONTINUE
29 FOR LONGER THAN 30 DAYS UNLESS RENEWED BY THE GOVERNOR. THE
30 GENERAL ASSEMBLY BY CONCURRENT RESOLUTION MAY TERMINATE A STATE
19770H0191B2223 - 22 -
1 OF DISASTER EMERGENCY AT ANY TIME. THEREUPON, THE GOVERNOR SHALL
2 ISSUE AN EXECUTIVE ORDER OR PROCLAMATION ENDING THE STATE OF
3 DISASTER EMERGENCY. ALL EXECUTIVE ORDERS OR PROCLAMATIONS ISSUED
4 UNDER THIS SUBSECTION SHALL INDICATE THE NATURE OF THE DISASTER,
5 THE AREA OR AREAS THREATENED AND THE CONDITIONS WHICH HAVE
6 BROUGHT THE DISASTER ABOUT OR WHICH MAKE POSSIBLE TERMINATION OF
7 THE STATE OF DISASTER EMERGENCY. AN EXECUTIVE ORDER OR
8 PROCLAMATION SHALL BE DISSEMINATED PROMPTLY BY MEANS CALCULATED
9 TO BRING ITS CONTENTS TO THE ATTENTION OF THE GENERAL PUBLIC
10 AND, UNLESS THE CIRCUMSTANCES ATTENDANT UPON THE DISASTER
11 PREVENT OR IMPEDE, SHALL BE PROMPTLY FILED WITH THE COUNCIL.
12 § 4126. POWERS DURING DISASTER EMERGENCY.
13 (A) GENERAL RULE.--THE COUNCIL IS AUTHORIZED, IN THE EVENT
14 OF A DISASTER EMERGENCY AS PROCLAIMED BY THE GOVERNOR PURSUANT
15 TO SECTION 4125 (RELATING TO DECLARATION BY GOVERNOR OF DISASTER
16 EMERGENCY), TO THE EXTENT NOT IN CONFLICT WITH APPLICABLE
17 FEDERAL LAW OR REGULATION BUT NOTWITHSTANDING ANY STATE OR LOCAL
18 LAW OR CONTRACTUAL AGREEMENT, TO:
19 (1) ORDER ANY PERSON TO REDUCE BY A SPECIFIED AMOUNT THE
20 USE OF ANY ENERGY FORM; TO MAKE USE OF AN ALTERNATE ENERGY
21 FORM, WHERE POSSIBLE; OR TO CEASE THE USE OF ANY ENERGY FORM.
22 (2) ORDER ANY PERSON ENGAGED IN THE DISTRIBUTION OF ANY
23 ENERGY FORM TO REDUCE OR INCREASE BY A SPECIFIED AMOUNT OR TO
24 CEASE THE DISTRIBUTION OF THE ENERGY FORM; TO DISTRIBUTE A
25 SPECIFIED AMOUNT AND TYPE OF ENERGY FORM TO CERTAIN USERS AS
26 SPECIFIED BY THE COUNCIL; OR TO SHARE SUPPLIES OF ANY ENERGY
27 FORM WITH OTHER DISTRIBUTORS THEREOF; PROVIDED, HOWEVER,
28 EVERY EFFORT SHALL BE MADE BY THE COUNCIL TO INSURE THAT NO
29 ONE FUEL DISTRIBUTOR IS REQUIRED TO RELINQUISH HIS ENERGY
30 INVENTORY DISPROPORTIONATELY TO ONE OR MORE OTHER FUEL
19770H0191B2223 - 23 -
1 DISTRIBUTORS IN THE SAME OR SIMILAR CIRCUMSTANCES.
2 (3) ESTABLISH PRIORITIES FOR THE DISTRIBUTION OF ANY
3 ENERGY FORM.
4 (4) REGULATE AND CONTROL THE DISTRIBUTION AND SALE OF
5 ANY ENERGY FORM BY:
6 (I) ESTABLISHING SUCH LIMITATIONS, PRIORITIES OR
7 RATIONING PROCEDURES AS SHALL BE NECESSARY TO INSURE A
8 FAIR AND EQUITABLE DISTRIBUTION OF AVAILABLE SUPPLIES.
9 (II) ESTABLISHING MINIMUM AND MAXIMUM QUANTITIES TO
10 BE SOLD TO ANY PURCHASER.
11 (III) FIXING THE DAYS AND HOURS OF ACCESS TO RETAIL
12 DEALERS.
13 (IV) COMPELLING SALES TO MEMBERS OF THE GENERAL
14 PUBLIC DURING TIMES WHEN A RETAIL DEALER IS OPEN FOR THE
15 SALE OF AN ENERGY FORM.
16 (V) ESTABLISHING METHODS FOR NOTIFYING THE PUBLIC BY
17 FLAGS, SYMBOLS OR OTHER APPROPRIATE MEANS WHETHER RETAIL
18 DEALERS ARE OPEN AND SELLING THE SUBJECT ENERGY FORM.
19 (5) DIRECT THE HEADS OF THOSE COMMONWEALTH AGENCIES THAT
20 WERE ORDERED TO DEVELOP CONTINGENCY PLANS PURSUANT TO SECTION
21 4124 (RELATING TO EMERGENCY ENERGY ALLOCATION PLAN) TO
22 IMPLEMENT THE PLANS.
23 (6) ORDER THE TEMPORARY CLOSING OF PUBLIC OR PRIVATE
24 FACILITIES BY CLASS INCLUDING BUT NOT LIMITED TO ANY
25 BUSINESS, SCHOOL OR SPORTS FACILITY.
26 (7) ADOPT AND PROMULGATE SUCH RULES AND REGULATIONS AS
27 ARE NECESSARY AND PROPER TO CARRY OUT THE PURPOSES OF THIS
28 SECTION.
29 (B) POWER OF GOVERNOR TO SUSPEND LAWS, ETC.--DURING THE
30 EXISTENCE OF A DISASTER EMERGENCY, THE GOVERNOR MAY ORDER THE
19770H0191B2223 - 24 -
1 SUSPENSION OF ANY LAWS, RULES, REGULATIONS OR ORDERS OF ANY
2 AGENCY OF THE COMMONWEALTH OR ANY POLITICAL SUBDIVISION WHICH
3 DEAL WITH OR AFFECT ENERGY AND WHICH IMPEDE THE ABILITY OF THE
4 GOVERNOR TO ALLEVIATE OR TERMINATE A DISASTER EMERGENCY. UPON
5 DECLARING A DISASTER EMERGENCY, THE GOVERNOR MAY SUPERSEDE ANY
6 OTHER SUCH EMERGENCY POWERS.
7 (C) REVIEW OF ORDERS OF COUNCIL.--ANY AGGRIEVED PERSON, UPON
8 APPLICATION TO THE COUNCIL, SHALL BE GRANTED A REVIEW OF WHETHER
9 THE CONTINUANCE OF ANY ORDER ISSUED BY THE COUNCIL PURSUANT TO
10 THIS SECTION IS UNREASONABLE IN LIGHT OF THEN PREVAILING
11 CONDITIONS OF EMERGENCY.
12 (D) COMPELLING ASSISTANCE FROM COMMONWEALTH AGENCIES.--
13 DURING A DISASTER EMERGENCY THE COUNCIL MAY REQUIRE ANY OTHER
14 COMMONWEALTH AGENCY TO PROVIDE SUCH INFORMATION, ASSISTANCE,
15 RESOURCES AND PERSONNEL AS SHALL BE NECESSARY TO DISCHARGE THE
16 FUNCTIONS AND RESPONSIBILITIES OF THE COUNCIL UNDER THIS
17 CHAPTER, RULES AND REGULATIONS ADOPTED UNDER THIS CHAPTER OR
18 APPLICABLE FEDERAL LAWS AND REGULATIONS.
19 (E) POWERS OF GOVERNOR AND COUNCIL CUMULATIVE.--THE POWERS
20 GRANTED TO THE GOVERNOR AND THE COUNCIL UNDER THIS SECTION SHALL
21 BE IN ADDITION TO AND NOT IN LIMITATION OF ANY EMERGENCY POWERS
22 NOW OR HEREAFTER VESTED IN THE GOVERNOR, THE COUNCIL OR ANY
23 OTHER COMMONWEALTH AGENCY PURSUANT TO ANY OTHER LAWS, INCLUDING
24 BUT NOT LIMITED TO ANY POWER NOW VESTED IN THE PUBLIC UTILITY
25 COMMISSION TO REQUIRE UTILITY COMPANIES TO ALLOCATE AVAILABLE
26 SUPPLIES OF ENERGY.
27 SUBCHAPTER D
28 VIOLATIONS AND PENALTIES
29 SEC.
30 4131. ACTIONS FOR INJUNCTIVE RELIEF.
19770H0191B2223 - 25 -
1 4132. CIVIL PENALTIES.
2 4133. CRIMINAL PENALTIES.
3 4134. RECOMMENDING LICENSE SUSPENSION OR REVOCATION.
4 § 4131. ACTIONS FOR INJUNCTIVE RELIEF.
5 UPON A VIOLATION OF THIS CHAPTER OR OF ANY RULES, REGULATIONS
6 OR ORDERS ISSUED UNDER THIS CHAPTER, THE COUNCIL MAY INSTITUTE A
7 CIVIL ACTION IN THE COMMONWEALTH COURT OR IN THE COURT OF COMMON
8 PLEAS OF THE JUDICIAL DISTRICT IN WHICH THE VIOLATION OCCURS FOR
9 INJUNCTIVE RELIEF TO RESTRAIN THE VIOLATION AND FOR SUCH OTHER
10 RELIEF AS THE COURT SHALL DEEM PROPER. NEITHER THE INSTITUTION
11 OF THIS ACTION NOR ANY OF THE PROCEEDINGS THEREIN SHALL RELIEVE
12 ANY PARTY TO THE PROCEEDINGS FROM OTHER FINES OR PENALTIES
13 PRESCRIBED FOR THE VIOLATION BY THIS CHAPTER OR BY ANY RULE,
14 REGULATION OR ORDER ISSUED UNDER THIS CHAPTER.
15 § 4132. CIVIL PENALTIES.
16 ANY PERSON WHO FAILS TO PROVIDE ENERGY INFORMATION WHEN SO
17 REQUIRED BY THE COUNCIL SHALL BE LIABLE FOR A CIVIL PENALTY OF
18 NOT MORE THAN $3,000 FOR EACH OFFENSE. IF THE VIOLATION IS OF A
19 CONTINUING NATURE, EACH DAY DURING WHICH IT CONTINUES SHALL
20 CONSTITUTE AN ADDITIONAL AND SEPARATE OFFENSE.
21 § 4133. CRIMINAL PENALTIES.
22 (A) PURCHASERS.--ANY PERSON PURCHASING OR ATTEMPTING TO
23 PURCHASE ENERGY IN VIOLATION OF SECTION 4126 (RELATING TO POWERS
24 DURING DISASTER EMERGENCY) OR ANY RULES, REGULATIONS OR ORDERS
25 ISSUED THEREUNDER COMMITS A SUMMARY OFFENSE.
26 (B) RETAIL DEALERS.--ANY RETAIL DEALER WHO VIOLATES SECTION
27 4126 OR ANY RULES, REGULATIONS OR ORDERS ISSUED THEREUNDER
28 COMMITS A SUMMARY OFFENSE.
29 (C) SUPPLIERS.--ANY DISTRIBUTOR OR ANY OTHER SUPPLIER OF
30 ENERGY WHO VIOLATES ANY OF THE PROVISIONS OF SECTION 4126 OR OF
19770H0191B2223 - 26 -
1 ANY RULES, REGULATIONS OR ORDERS ISSUED THEREUNDER COMMITS A
2 MISDEMEANOR OF THE FIRST DEGREE.
3 § 4134. RECOMMENDING LICENSE SUSPENSION OR REVOCATION.
4 IN ADDITION TO ANY OTHER PENALTIES PROVIDED UNDER THIS
5 CHAPTER OR OTHER STATUTE, THE COUNCIL MAY RECOMMEND TO THE
6 APPROPRIATE AGENCY THE SUSPENSION OR REVOCATION OF THE LICENSE
7 OF ANY RETAIL DEALER, GASOLINE JOBBER, WHOLESALE DEALER,
8 DISTRIBUTOR OR SUPPLIER OF FUEL WHO HAS VIOLATED THIS CHAPTER OR
9 ANY RULES, REGULATIONS OR ORDERS ISSUED UNDER THIS CHAPTER.
10 SECTION 2. GOVERNOR'S ENERGY COUNCIL ABOLISHED.
11 (A) GENERAL RULE.--THE GOVERNOR'S ENERGY COUNCIL IS HEREBY
12 ABOLISHED AND, EXCEPT AS OTHERWISE PROVIDED BY THIS ACT, ALL THE
13 FUNCTIONS, POWERS AND DUTIES OF THE EXISTING GOVERNOR'S ENERGY
14 COUNCIL ARE HEREBY CONTINUED IN THE PENNSYLVANIA ENERGY COUNCIL.
15 (B) TRANSFER OF FUNDS.--ALL APPROPRIATIONS, GRANTS AND OTHER
16 MONEYS AVAILABLE TO THE GOVERNOR'S ENERGY COUNCIL ARE HEREBY
17 TRANSFERRED TO THE PENNSYLVANIA ENERGY COUNCIL CREATED BY THIS
18 ACT AND SHALL REMAIN AVAILABLE FOR THE OBJECTS AND PURPOSES FOR
19 WHICH APPROPRIATED, SUBJECT TO ANY TERMS, RESTRICTIONS,
20 LIMITATIONS OR OTHER REQUIREMENTS IMPOSED BY FEDERAL OR STATE
21 LAW.
22 (C) TRANSFER OF EMPLOYEES.--THE EMPLOYEES OF THE GOVERNOR'S
23 ENERGY COUNCIL ARE HEREBY TRANSFERRED TO THE PENNSYLVANIA ENERGY
24 COUNCIL. NOTHING IN THIS ACT SHALL BE CONSTRUED TO DEPRIVE THE
25 EMPLOYEES OF ANY RIGHTS OR PROTECTIONS PROVIDED THEM BY THE
26 CIVIL SERVICE, PENSION OR RETIREMENT LAWS OF THIS COMMONWEALTH.
27 (D) TRANSFER OF PROPERTY.--ALL FILES, BOOKS, PAPERS,
28 RECORDS, EQUIPMENT AND OTHER PROPERTY OF THE GOVERNOR'S ENERGY
29 COUNCIL ARE HEREBY TRANSFERRED TO THE PENNSYLVANIA ENERGY
30 COUNCIL.
19770H0191B2223 - 27 -
1 (E) EXISTING RULES, REGULATIONS AND ORDERS.--THE RULES,
2 REGULATIONS AND ORDERS OF THE GOVERNOR'S ENERGY COUNCIL SHALL
3 CONTINUE WITH FULL FORCE AND EFFECT AS THE RULES, REGULATIONS
4 AND ORDERS OF THE PENNSYLVANIA ENERGY COUNCIL UNTIL FURTHER
5 AMENDED OR REPEALED.
6 (F) CONSTRUCTION OF REFERENCES.--WHENEVER IN ANY LAW, RULE,
7 REGULATION, ORDER, CONTRACT, DOCUMENT, JUDICIAL OR
8 ADMINISTRATIVE PROCEEDINGS, OR OTHERWISE, REFERENCE IS MADE TO
9 THE GOVERNOR'S ENERGY COUNCIL, THE REFERENCE SHALL BE CONSIDERED
10 TO MEAN AND REFER TO THE PENNSYLVANIA ENERGY COUNCIL.
11 SECTION 3. EXPIRATION OF PENNSYLVANIA ENERGY COUNCIL.
12 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), THE
13 PROVISIONS OF 66 PA.C.S. CHAP. 41 (RELATING TO ENERGY
14 CONSERVATION AND CONTROL) AND THE PENNSYLVANIA ENERGY COUNCIL
15 SHALL EXPIRE ON JUNE 30, 1978.
16 (B) EXTENSION BY GENERAL ASSEMBLY.--THE GENERAL ASSEMBLY, BY
17 CONCURRENT RESOLUTION ADOPTED PRIOR TO THE THEN CURRENT
18 EXPIRATION DATE, MAY EXTEND THE DATE OF EXPIRATION FOR SUCH
19 ADDITIONAL PERIOD AND FOR AS MANY TIMES AS THE GENERAL ASSEMBLY
20 DETERMINES.
21 SECTION 4. EFFECTIVE DATE.
22 THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
B2L52JLW/19770H0191B2223 - 28 -