SENATE AMENDED
PRIOR PRINTER'S NOS. 211, 739, 1971, PRINTER'S NO. 3411
2079, 2223, 2634, 3157
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
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 13, 1978
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, FACILITIES AND RECORDS.
22 § 4115. ACCESS TO FACILITIES AND RECORDS OF ENERGY INDUSTRIES. <--
23 § 4116. SUBPOENA AND EXAMINATION OF WITNESSES AND DOCUMENTS.
24 § 4117. ENFORCEMENT OF SUBPOENA AND ACCESS POWERS. <--
25 SUBCHAPTER C. ENERGY INFORMATION, PLANNING AND ALLOCATION
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.
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
19770H0191B3411 - 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
19770H0191B3411 - 3 -
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.
19770H0191B3411 - 4 -
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
19770H0191B3411 - 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
19770H0191B3411 - 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.
19770H0191B3411 - 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
19770H0191B3411 - 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.
19770H0191B3411 - 9 -
1 THE GENERAL ASSEMBLY DECLARES THAT IT IS THE POLICY OF THE <--
2 COMMONWEALTH OF PENNSYLVANIA TO ENCOURAGE INDUSTRIAL DEVELOPMENT
3 OF SELF-SUFFICIENT MEANS OF ENERGY USAGE TO AVERT UNEMPLOYMENT
4 AND ITS EFFECTS UPON THE WELL-BEING OF THE CITIZENS OF THE
5 COMMONWEALTH WHICH WOULD LIKELY BE THE RESULT OF CURTAILING
6 INDUSTRIAL ACTIVITY DURING SHORTAGES OF ENERGY. THE DEVELOPMENT
7 OF WASTE HEAT AS AN ENERGY SOURCE FOR INDUSTRIAL CUSTOMERS SHALL
8 BE ENCOURAGED.
9 BECAUSE OF THE COMPLEXITY OF THE PROBLEM, THE DIVERSE FACTORS
10 THAT MAKE UP THE SOLUTION AND THE NEED FOR A COORDINATED POLICY
11 THAT CROSSES DEPARTMENTAL AUTHORITY AND LOCAL GOVERNMENT
12 BOUNDARY LINES, THE GENERAL ASSEMBLY CREATES THE PENNSYLVANIA
13 ENERGY COUNCIL TO OVERSEE THE DEVELOPMENT AND GROWTH OF ENERGY
14 RESOURCES IN THE COMMONWEALTH.
15 FURTHER, IT IS THE POLICY OF THE COMMONWEALTH OF PENNSYLVANIA
16 THAT INDIVIDUALS, INTERESTED GROUPS, REPRESENTATIVES OF
17 GOVERNMENTAL BODIES, UTILITY REPRESENTATIVES AND EXPERTS IN THE
18 FIELD OF ENERGY PARTICIPATE IN THE DECISION-MAKING PROCESS OF
19 THE COUNCIL.
20 IT IS FURTHER THE POLICY OF THE COMMONWEALTH OF PENNSYLVANIA
21 THAT EVERY EFFORT BE MADE TO MAKE COAL THE PRIMARY SOURCE OF
22 ENERGY IN PENNSYLVANIA.
23 § 4103. DEFINITIONS.
24 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
25 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
26 MEANINGS GIVEN TO THEM IN THIS SECTION:
27 "COUNCIL." THE PENNSYLVANIA ENERGY COUNCIL.
28 "DISASTER." A MAN-MADE DISASTER, NATURAL DISASTER OR WAR-
29 CAUSED DISASTER.
30 "DISTRIBUTOR." A PERSON WHO:
19770H0191B3411 - 10 -
1 (1) IMPORTS INTO THIS COMMONWEALTH FUELS FOR USE, <--
2 DISTRIBUTION, STORAGE OR SALE DISTRIBUTION, SALE OR STORAGE
3 FOR SALE IN THIS COMMONWEALTH; OR
4 (2) PRODUCES, REFINES, MANUFACTURES, BLENDS OR COMPOUNDS
5 FUELS AND SELLS, USES, STORES STORES FOR SALE OR DISTRIBUTES <--
6 FUELS WITHIN THIS COMMONWEALTH.
7 "ENERGY FORM." ELECTRICITY HOWEVER GENERATED, FUELS, <--
8 PETROLEUM PRODUCTS AND GASES, AND ALL POWER DERIVED FROM, OR
9 GENERATED BY, ANY NATURAL OR MAN-MADE AGENT, INCLUDING, BUT NOT
10 LIMITED TO, PETROLEUM PRODUCTS, GASES, SOLAR RADIATION, ATOMIC
11 FISSION OR FUSION, MINERAL FORMATIONS, THERMAL GRADIENTS, WIND
12 OR WATER.
13 "ENERGY FACILITY." ANY PLANT OR OPERATION WHICH PRODUCES, <--
14 CONVERTS, DISTRIBUTES OR STORES, EXCEPT STORAGE FOR ITS OWN USE,
15 ENERGY OR CONVERTS ONE FORM OF ENERGY TO ANOTHER. THE TERM DOES
16 NOT INCLUDE AN OPERATION CONDUCTED BY A PERSON ACTING ONLY AS A
17 RETAIL DEALER, NOR DOES THE TERM INCLUDE ANY PLANT OR OPERATION
18 WHICH MINES OR PRODUCES ENERGY STRICTLY FOR ITS OWN
19 MANUFACTURING PROCESSES, OR ANY FACILITY UTILIZING WASTE PROCESS
20 HEAT AS AN ENERGY EFFICIENCY MEASURE.
21 "ENERGY INDUSTRY." A PERSON ENGAGED IN THE EXPLORATION,
22 EXTRACTION, TRANSPORTATION, TRANSMISSION, REFINING, PROCESSING,
23 GENERATION, DISTRIBUTION, SALE OR STORAGE OF ENERGY FOR THE <--
24 PRODUCTION OF LIGHT, HEAT OR POWER; HOWEVER, THE TERM SHALL NOT
25 INCLUDE COMPANIES PRODUCING STEEL IN PENNSYLVANIA, OR APPLY TO
26 PERSONS ENGAGED IN THE EXPLORATION, EXTRACTION, TRANSPORTATION,
27 TRANSMISSION, REFINING, PROCESSING, GENERATION, DISTRIBUTION,
28 SALE OR STORAGE OF ENERGY STRICTLY FOR USE IN THEIR OWN
29 MANUFACTURING PROCESSES.
30 "EXECUTIVE DIRECTOR." THE DIRECTOR OF THE PENNSYLVANIA
19770H0191B3411 - 11 -
1 ENERGY COUNCIL.
2 "FUEL." COAL, PETROLEUM PRODUCTS, GASES AND NUCLEAR FUEL,
3 INCLUDING ENRICHED URANIUM, U235 AND U238, AND PLUTONIUM, U239.
4 "GASES." NATURAL GAS, METHANE, LIQUIFIED NATURAL GAS,
5 SYNTHETIC NATURAL GAS, COAL GAS AND OTHER MANUFACTURED GASES.
6 "MAN-MADE DISASTER." ANY INDUSTRIAL, NUCLEAR OR
7 TRANSPORTATION ACCIDENT, EXPLOSION, CONFLAGRATION, POWER
8 FAILURE, NATURAL RESOURCE SHORTAGE OR OTHER CONDITION, EXCEPT
9 ENEMY ACTION, RESULTING FROM MAN-MADE CAUSES, SUCH AS OIL SPILLS
10 AND OTHER INJURIOUS ENVIRONMENTAL CONTAMINATION, WHICH THREATENS
11 OR CAUSES DAMAGE TO PROPERTY, HUMAN SUFFERING, HARDSHIP OR LOSS
12 OF LIFE.
13 "NATURAL DISASTER." ANY HURRICANE, TORNADO, STORM, FLOOD,
14 HIGH WATER, WIND-DRIVEN WATER, TIDAL WAVE, EARTHQUAKE,
15 LANDSLIDE, MUDSLIDE, SNOWSTORM, DROUGHT, FIRE, EXPLOSION, OTHER
16 SEVERE WEATHER CONDITION OR OTHER CATASTROPHE WHICH RESULTS IN
17 SUBSTANTIAL DAMAGE TO PROPERTY, HARDSHIP, SUFFERING OR POSSIBLE <--
18 LOSS OF LIFE.
19 "PERSON." <--
20 (1) INDIVIDUALS, PARTNERSHIPS, OR ASSOCIATIONS OTHER
21 THAN CORPORATIONS, AND INCLUDES THEIR LESSEES, ASSIGNEES,
22 TRUSTEES, RECEIVERS, EXECUTORS, ADMINISTRATORS, OR OTHER
23 SUCCESSORS IN INTEREST.
24 (2) ALL BODIES CORPORATE, JOINT-STOCK COMPANIES, OR
25 ASSOCIATIONS, DOMESTIC OR FOREIGN, THEIR LESSEES, ASSIGNEES,
26 TRUSTEES, RECEIVERS OR OTHER SUCCESSORS IN INTEREST HAVING
27 ANY OF THE POWERS OR PRIVILEGES OF CORPORATIONS NOT POSSESSED
28 BY INDIVIDUALS OR PARTNERSHIPS AND SHALL INCLUDE BONA FIDE
29 COOPERATIVE ASSOCIATIONS WHICH FURNISH SERVICE ON A NONPROFIT
30 BASIS ONLY TO THEIR STOCK HOLDERS OR MEMBERS.
19770H0191B3411 - 12 -
1 (3) ALL CITIES, BOROUGHS, TOWNS, TOWNSHIPS, OR COUNTIES
2 OF THIS COMMONWEALTH AND ALSO ANY PUBLIC CORPORATION,
3 AUTHORITY OR BODY WHATSOEVER CREATED OR ORGANIZED UNDER ANY
4 LAW OF THIS COMMONWEALTH FOR THE PURPOSE OF RENDERING ANY
5 SERVICE SIMILAR TO THAT OF A PUBLIC UTILITY.
6 NOTHING CONTAINED IN THIS ACT IS INTENDED TO AND NOTHING
7 CONTAINED IN THIS ACT SHALL BE CONSTRUED TO INCREASE THE
8 JURISDICTION OF THE PUBLIC UTILITY COMMISSION OF THE
9 COMMONWEALTH OF PENNSYLVANIA.
10 "PETROLEUM PRODUCTS." INCLUDES MOTOR GASOLINE, MIDDLE
11 DISTILLATE OILS, RESIDUAL FUEL OILS, AVIATION FUEL, PROPANE,
12 BUTANE, NATURAL GASOLINE, NAPHTHA, GAS OILS, LUBRICATING OILS
13 AND ANY OTHER SIMILAR OR DISSIMILAR LIQUID HYDROCARBONS.
14 "PURCHASE." INCLUDES, IN ADDITION TO ITS ORDINARY MEANING,
15 ANY ACQUISITION OF OWNERSHIP OR POSSESSION INCLUDING BUT NOT
16 LIMITED TO CONDEMNATION BY EMINENT DOMAIN PROCEEDINGS.
17 "RETAIL DEALER." A PERSON WHO ENGAGES IN THE BUSINESS OF
18 SELLING FUELS FROM A FIXED LOCATION INCLUDING BUT NOT LIMITED TO
19 A SERVICE STATION, FILLING STATION, STORE OR GARAGE DIRECTLY TO
20 THE ULTIMATE USERS OF THE FUEL.
21 "SALE." INCLUDES, IN ADDITION TO ITS ORDINARY MEANING, ANY
22 EXCHANGE, GIFT, THEFT OR OTHER DISPOSITION. IN CASES WHERE FUELS
23 ARE EXCHANGED, GIVEN, STOLEN OR OTHERWISE DISPOSED OF, THEY
24 SHALL BE DEEMED TO HAVE BEEN SOLD.
25 "TRADE SECRET." THE WHOLE OR ANY PORTION OR PHASE OF ANY
26 SCIENTIFIC, TECHNICAL, CONFIDENTIAL BUSINESS OR FINANCIAL OR <--
27 OTHERWISE PROPRIETARY INFORMATION, DESIGN, PROCESS, PROCEDURE,
28 FORMULA OR IMPROVEMENT WHICH IS USED IN ONE'S BUSINESS AND IS
29 SECRET AND OF VALUE; AND A TRADE SECRET SHALL BE PRESUMED TO BE
30 SECRET WHEN THE OWNER TAKES MEASURES TO PREVENT IT FROM BECOMING
19770H0191B3411 - 13 -
1 AVAILABLE TO PERSONS OTHER THAN THOSE SELECTED BY THE OWNER TO
2 HAVE ACCESS THERETO FOR LIMITED PURPOSES.
3 "WAR-CAUSED DISASTER." ANY CONDITION FOLLOWING AN ATTACK
4 UPON THE UNITED STATES RESULTING IN SUBSTANTIAL DAMAGE TO
5 PROPERTY OR INJURY TO PERSONS IN THE UNITED STATES CAUSED BY USE
6 OF BOMBS, MISSILES, SHELLFIRE, NUCLEAR, RADIOLOGICAL, CHEMICAL
7 OR BIOLOGICAL MEANS, OR OTHER WEAPONS OR OVERT PARAMILITARY
8 ACTIONS, OR OTHER CONDITIONS SUCH AS SABOTAGE.
9 "WHOLESALE DEALER." A PERSON WHO ENGAGES IN THE BUSINESS OF
10 SELLING FUELS TO OTHER PERSONS WHO RESELL THE FUEL.
11 SUBCHAPTER B
12 PENNSYLVANIA ENERGY COUNCIL
13 SEC.
14 4111. ESTABLISHMENT OF COUNCIL.
15 4112. ORGANIZATION OF COUNCIL.
16 4113. POWERS AND DUTIES.
17 4114. UTILIZATION OF EXISTING SERVICES AND FACILITIES.
18 4115. ACCESS TO FACILITIES AND RECORDS OF ENERGY INDUSTRIES. <--
19 4116. SUBPOENA AND EXAMINATION OF WITNESSES AND DOCUMENTS.
20 4117. ENFORCEMENT OF SUBPOENA AND ACCESS POWERS. <--
21 § 4111. ESTABLISHMENT OF COUNCIL.
22 THERE IS HEREBY ESTABLISHED THE PENNSYLVANIA ENERGY COUNCIL
23 TO ASSIST IN THE DIRECTION, CONTROL AND COORDINATION OF ENERGY
24 RESOURCES.
25 § 4112. ORGANIZATION OF COUNCIL.
26 (A) COMPOSITION.--THE COUNCIL SHALL CONSIST OF THE GOVERNOR
27 EX OFFICIO, LIEUTENANT GOVERNOR, ADJUTANT GENERAL, CHAIRMAN OF
28 THE OFFICE OF EMERGENCY PREPAREDNESS, CHAIRMAN OF THE PUBLIC
29 UTILITY COMMISSION, SECRETARY OF ENVIRONMENTAL RESOURCES,
30 SECRETARY OF TRANSPORTATION, SECRETARY OF COMMERCE, SECRETARY OF
19770H0191B3411 - 14 -
1 COMMUNITY AFFAIRS OR THEIR DESIGNEES, TWO MEMBERS OF THE SENATE,
2 WHO SHALL BE FROM DIFFERENT POLITICAL PARTIES AND WHO SHALL BE
3 APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE, TWO
4 MEMBERS OF THE HOUSE OF REPRESENTATIVES, WHO SHALL BE FROM
5 DIFFERENT POLITICAL PARTIES AND WHO SHALL BE APPOINTED BY THE
6 SPEAKER OF THE HOUSE OF REPRESENTATIVES OR THEIR DESIGNEES AND
7 EIGHT CITIZENS, TO BE APPOINTED FOR TERMS OF THREE YEARS BY THE
8 GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF A MAJORITY OF THE
9 MEMBERS ELECTED TO THE SENATE, TWO OF WHOM SHALL BE MEMBERS OF
10 THE GENERAL PUBLIC, TWO OF WHOM SHALL BE ELECTED MUNICIPAL
11 GOVERNMENT OFFICIALS AND FOUR OF WHOM SHALL EITHER BE PERSONS <--
12 INDIVIDUALS POSSESSING KNOWLEDGE AND EXPERIENCE IN THE FIELDS OF
13 OIL, GAS, COAL OR AND ELECTRICITY, RESPECTIVELY. TERMS OF <--
14 MEMBERS OF THE GENERAL ASSEMBLY WILL BE FOR TWO YEARS EACH,
15 EXCEPT THAT THEY SHALL NOT SERVE ON THE COUNCIL IF THEIR TERM OF
16 OFFICE HAS EXPIRED. VACANCIES SHALL BE FILLED FOR UNEXPIRED
17 TERMS IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
18 (B) OFFICERS, QUORUM AND MEETINGS.--THE LIEUTENANT GOVERNOR
19 SHALL BE THE CHAIRMAN AND THE COUNCIL SHALL AT THE INITIAL
20 MEETING AND AT THE FIRST MEETING EACH YEAR THEREAFTER ELECT A
21 VICE CHAIRMAN AND A SECRETARY FROM THE MEMBERSHIP. ELEVEN <--
22 MEMBERS OF THE COUNCIL SHALL CONSTITUTE A QUORUM. THE COUNCIL
23 SHALL MEET WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS ACT AND
24 THEREAFTER AT THE CALL OF THE CHAIRMAN OR A MAJORITY OF ITS
25 MEMBERS.
26 (C) EMPLOYEES AND EXPENDITURES.--THE COUNCIL MAY EMPLOY AN
27 EXECUTIVE DIRECTOR AND SUCH TECHNICAL, CLERICAL, STENOGRAPHIC
28 AND OTHER PERSONNEL FIX THEIR COMPENSATION WHOSE COMPENSATION <--
29 SHALL BE FIXED BY THE EXECUTIVE BOARD AND MAY MAKE SUCH
30 EXPENDITURES WITHIN THE APPROPRIATION THEREFOR OR OTHER FUNDS
19770H0191B3411 - 15 -
1 MADE AVAILABLE TO IT AS ARE NECESSARY TO CARRY OUT THE PURPOSES
2 OF THIS CHAPTER.
3 (D) COMPENSATION AND EXPENSES.--THE MEMBERS OF THE COUNCIL
4 SHALL SERVE WITHOUT COMPENSATION BUT MAY BE REIMBURSED FOR THEIR
5 ACTUAL AND NECESSARY TRAVELING AND OTHER EXPENSES INCURRED IN
6 CONNECTION WITH ATTENDANCE UPON MEETINGS OF THE COUNCIL.
7 (E) OFFICES, EQUIPMENT AND SUPPLIES.--THE COUNCIL SHALL BE
8 PROVIDED WITH APPROPRIATE OFFICE SPACE, FURNITURE, EQUIPMENT,
9 SUPPLIES, STATIONERY AND PRINTING IN THE SAME MANNER AS OTHER
10 COMMONWEALTH AGENCIES ARE SUPPLIED.
11 (F) CONFLICT OF INTEREST.--NO PERSON INDIVIDUAL WHO IS AN <--
12 OFFICIAL OR EMPLOYEE OF THE COUNCIL SHALL PARTICIPATE IN ANY
13 MANNER IN ANY DECISION OR ACTION OF THE COUNCIL WHEREIN THE
14 OFFICIAL OR EMPLOYEE HAS A DIRECT OR INDIRECT FINANCIAL
15 INTEREST.
16 (G) APPLICABILITY OF OTHER LAW.--THE COUNCIL SHALL BE
17 SUBJECT TO THE PROVISIONS OF THE ACT OF APRIL 9, 1929 (P.L.177,
18 NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929," EXCEPT AS
19 IN THIS PART OTHERWISE PROVIDED IN THIS CHAPTER. <--
20 § 4113. POWERS AND DUTIES.
21 THE COUNCIL SHALL:
22 (1) BE THE CENTRAL REPOSITORY WITHIN THIS COMMONWEALTH
23 FOR THE COLLECTION OF ENERGY INFORMATION.
24 (2) COLLECT AND ANALYZE DATA RELATING TO PRESENT AND
25 FUTURE DEMANDS AND RESOURCES FOR ALL FORMS OF ENERGY.
26 (3) HAVE AUTHORITY TO REQUIRE ANY ENERGY INDUSTRY WITHIN <--
27 THIS COMMONWEALTH TO SUBMIT SUCH INFORMATION AS SHALL BE
28 REQUIRED TO CARRY OUT THE PROVISIONS OF THIS CHAPTER
29 INCLUDING BUT NOT LIMITED TO INFORMATION NECESSARY FOR
30 DETERMINING THE IMPACT OF ANY CONSTRUCTION OR DEVELOPMENT ON
19770H0191B3411 - 16 -
1 THE PRODUCTION, DISTRIBUTION, CONSUMPTION OR CONSERVATION OF
2 ENERGY WITHIN THIS COMMONWEALTH.
3 (3) HAVE AUTHORITY TO REQUIRE ANY ENERGY INDUSTRY WITHIN <--
4 THIS COMMONWEALTH TO SUBMIT SUCH INFORMATION AS SHALL BE
5 REASONABLY REQUIRED TO ASCERTAIN THE PROSPECT AND IMPACT OF
6 AN ENERGY SHORTAGE, INCLUDING BUT NOT LIMITED TO FIGURES WITH
7 REGARD TO CURRENT AND PROJECTED CONSUMPTION, AVAILABILITY,
8 ALTERNATE SOURCES, RESERVES, DEMAND AND SUCH OTHER
9 INFORMATION AS MAY BE REASONABLY NECESSARY TO FULFILL THE
10 PURPOSES OF THIS PARAGRAPH.
11 (4) ESTABLISH AN ENERGY INFORMATION SYSTEM WHICH WILL
12 PROVIDE FOR THE FORECASTING AND PUBLISHING OF ANTICIPATED
13 ENERGY SHORTAGES AND WHICH WILL PROVIDE ALL DATA NECESSARY TO
14 INSURE A FAIR AND EQUITABLE DISTRIBUTION OF AVAILABLE ENERGY,
15 PERMIT A MORE EFFICIENT AND EFFECTIVE USE OF AVAILABLE ENERGY
16 AND PROVIDE THE BASIS FOR LONG-TERM PLANNING RELATED TO
17 ENERGY NEEDS.
18 (5) INFORM AND EDUCATE THE PUBLIC ABOUT THE WAYS IN
19 WHICH ENERGY CAN BE CONSERVED.
20 (6) MONITOR PRICES CHARGED FOR ENERGY WITHIN THIS
21 COMMONWEALTH, EVALUATE POLICIES GOVERNING THE ESTABLISHMENT
22 OF RATES AND PRICES FOR ENERGY AND MAKE RECOMMENDATIONS FOR
23 NECESSARY CHANGES IN THESE POLICIES TO OTHER CONCERNED
24 FEDERAL AND COMMONWEALTH AGENCIES AND TO THE GENERAL
25 ASSEMBLY.
26 (7) HAVE AUTHORITY TO CONDUCT AND SUPERVISE RESEARCH
27 PROJECTS AND PROGRAMS FOR THE PURPOSE OF INCREASING THE
28 EFFICIENCY OF ENERGY USE, DEVELOPING NEW SOURCES OF ENERGY,
29 EVALUATING ENERGY CONSERVATION MEASURES AND MEETING OTHER
30 GOALS CONSISTENT WITH THE INTENT OF THIS CHAPTER, AND IT MAY
19770H0191B3411 - 17 -
1 DO SO IN COOPERATION WITH ANY OTHER PUBLIC OR PRIVATE AGENCY
2 OR THROUGH SUCH CONTRACTS WITH SUCH OUTSIDE EXPERTS AS IT MAY
3 DEEM NECESSARY, PROVIDED THAT SUCH CONTRACTS ARE MADE IN
4 ACCORDANCE WITH THE ACT OF APRIL 9, 1929 (P.L.177, NO.175),
5 KNOWN AS "THE ADMINISTRATIVE CODE OF 1929," AND WITHIN
6 BUDGETARY LIMITATIONS. THE COUNCIL SHALL PLACE SPECIAL
7 EMPHASIS ON THE DEVELOPMENT OF ENERGY AND FUEL RESOURCES
8 AVAILABLE WITHIN THE COMMONWEALTH, ESPECIALLY COAL.
9 (8) HAVE AUTHORITY TO DISTRIBUTE AND EXPEND FUNDS MADE
10 AVAILABLE FOR THE PURPOSE OF RESEARCH PROJECTS AND PROGRAMS
11 AND FOR THE CONVERSION OF WASTE HEAT INTO USABLE ENERGY. <--
12 (9) HAVE AUTHORITY TO ENTER INTO INTERSTATE COMPACTS IN
13 ORDER TO CARRY OUT ENERGY RESEARCH AND PLANNING WITH OTHER
14 STATES OR THE FEDERAL GOVERNMENT WHERE APPROPRIATE.
15 (10) HAVE AUTHORITY TO APPLY FOR, ACCEPT AND EXPEND
16 GRANTS-IN-AID AND ASSISTANCE FROM PRIVATE AND PUBLIC SOURCES
17 FOR ENERGY PROGRAMS. NOTWITHSTANDING ANY OTHER LAW TO THE
18 CONTRARY, THE COUNCIL IS DESIGNATED AS THE COMMONWEALTH
19 AGENCY TO APPLY FOR, RECEIVE AND EXPEND FEDERAL AND OTHER
20 FUNDING MADE AVAILABLE TO THE COMMONWEALTH FOR THE PURPOSES
21 OF THIS CHAPTER SUBJECT TO APPROPRIATION BY THE GENERAL
22 ASSEMBLY.
23 (11) HAVE AUTHORITY TO ADOPT AND PROMULGATE RULES AND
24 REGULATIONS NECESSARY AND PROPER TO CARRY OUT THE PURPOSES OF
25 THIS CHAPTER AS SPECIFICALLY SET FORTH IN THIS SECTION. <--
26 (12) ADMINISTER SUCH REGULATIONS OF AGENCIES OF THE
27 FEDERAL GOVERNMENT AS ARE APPLICABLE TO THE STATES INCLUDING
28 BUT NOT LIMITED TO STATE ENERGY CONSERVATION PLANS.
29 § 4114. UTILIZATION OF EXISTING SERVICES, AND FACILITIES <--
30 AND RECORDS. <--
19770H0191B3411 - 18 -
1 IN ORDER TO AVOID DUPLICATION OF SERVICES AND FACILITIES, THE
2 COUNCIL SHALL UTILIZE THE SERVICES AND FACILITIES OF EXISTING
3 OFFICERS AND AGENCIES OF THE COMMONWEALTH AND THE POLITICAL
4 SUBDIVISIONS THEREOF. THESE OFFICERS AND AGENCIES SHALL
5 COOPERATE WITH AND EXTEND THEIR SERVICES AND FACILITIES TO THE
6 COUNCIL AS IT SHALL REQUEST. THE COUNCIL SHALL HAVE ACCESS TO <--
7 AND USE ANY BOOKS, RECORDS OR DOCUMENTS IN THE POSSESSION OF ANY
8 AGENCY OF THE COMMONWEALTH OR ANY POLITICAL SUBDIVISION THEREOF.
9 § 4115. ACCESS TO FACILITIES AND RECORDS OF ENERGY INDUSTRIES. <--
10 THE COUNCIL SHALL HAVE FULL POWER AND AUTHORITY WHENEVER IT
11 SHALL DEEM IT NECESSARY OR PROPER IN CARRYING OUT ANY OF THE
12 PROVISIONS OF THIS CHAPTER TO ENTER UPON THE PREMISES,
13 BUILDINGS, MACHINERY, SYSTEM, PLANT OR EQUIPMENT AND MAKE ANY
14 INSPECTION, VALUATION, PHYSICAL EXAMINATION, INQUIRY OR
15 INVESTIGATION OF ANY AND ALL PLANT AND EQUIPMENT, FACILITIES,
16 PROPERTY AND PERTINENT RECORDS, BOOKS, PAPERS, MEMORANDA,
17 DOCUMENTS OR EFFECTS WHATSOEVER OF ANY ENERGY INDUSTRY, AND TO
18 HOLD ANY HEARING FOR SUCH PURPOSES. IN THE EXERCISE OF THESE
19 POWERS, THE COUNCIL MAY HAVE ACCESS TO AND USE ANY BOOKS,
20 RECORDS OR DOCUMENTS IN THE POSSESSION OF ANY AGENCY OF THE
21 COMMONWEALTH OR ANY POLITICAL SUBDIVISION THEREOF. THE COUNCIL
22 SHALL PRESERVE THE CONFIDENTIALITY OF ANY TRADE SECRETS OF WHICH
23 IT LEARNS IN THE EXERCISE OF THE POWERS GRANTED BY THIS SECTION.
24 § 4116. SUBPOENA AND EXAMINATION OF WITNESSES AND DOCUMENTS.
25 (A) GENERAL RULE.--THE COUNCIL SHALL HAVE THE POWER, IN ANY
26 PART OF THIS COMMONWEALTH, TO SUBPOENA WITNESSES, ADMINISTER
27 OATHS, EXAMINE WITNESSES OR TAKE SUCH TESTIMONY, OR COMPEL THE
28 PRODUCTION OF SUCH BOOKS, RECORDS, PAPERS AND DOCUMENTS AS IT
29 MAY DEEM NECESSARY OR PROPER IN AND PERTINENT TO ANY PROCEEDING,
30 INVESTIGATION OR HEARING HELD OR HAD BY IT AND TO DO ALL
19770H0191B3411 - 19 -
1 NECESSARY AND PROPER THINGS AND ACTS IN THE LAWFUL EXERCISE OF
2 ITS POWERS OR THE PERFORMANCE OF ITS DUTIES. THE COUNCIL SHALL
3 PRESERVE THE CONFIDENTIALITY OF ANY TRADE SECRETS OF WHICH IT
4 LEARNS IN THE EXERCISE OF THE POWERS GRANTED BY THIS SECTION.
5 (B) FEES FOR SERVING SUBPOENA.--THE FEES FOR SERVING A
6 SUBPOENA SHALL BE THE SAME AS THOSE PAID SHERIFFS FOR SIMILAR
7 SERVICES.
8 (C) PENALTY.--IT IS A SUMMARY OFFENSE FOR ANY INDIVIDUAL
9 SUBPOENAED TO ATTEND BEFORE THE COUNCIL, OR ITS REPRESENTATIVE
10 TO FAIL TO OBEY THE COMMAND OF THE SUBPOENA, OR FOR ANY
11 INDIVIDUAL IN ATTENDANCE BEFORE THE COUNCIL OR ITS
12 REPRESENTATIVE TO REFUSE TO BE SWORN OR TO BE EXAMINED, OR TO
13 ANSWER ANY RELEVANT QUESTION, OR TO PRODUCE ANY RELEVANT DATA,
14 BOOK, RECORD, PAPER OR DOCUMENT WHEN ORDERED SO TO DO BY THE
15 COUNCIL OR ITS REPRESENTATIVE.
16 § 4117. ENFORCEMENT OF SUBPOENA AND ACCESS POWERS. <--
17 WHENEVER AN ENERGY INDUSTRY REFUSES TO GRANT OR RAISES
18 OBJECTIONS TO THE COUNCIL'S POWER OF ACCESS OR SUBPOENA
19 AUTHORIZED PURSUANT TO SECTION 4115 (RELATING TO ACCESS TO
20 FACILITIES AND RECORDS OF ENERGY INDUSTRIES) OR SECTION 4116
21 (RELATING TO SUBPOENA AND EXAMINATION OF WITNESSES AND
22 DOCUMENTS), THE COUNCIL MAY PETITION THE COMMONWEALTH COURT FOR
23 AN IMMEDIATE HEARING TO DETERMINE WHETHER THE REQUEST FOR ACCESS
24 OR SUBPOENA OF THE COUNCIL SHALL BE UPHELD. UPON A SHOWING BY
25 THE COUNCIL THAT THE REQUESTED ACCESS OR SUBPOENA IS NECESSARY
26 TO IMPLEMENT THIS ACT, THE COURT SHALL UPHOLD THE COUNCIL UNDER
27 SUCH CONDITIONS AS IT DEEMS APPROPRIATE.
28 SUBCHAPTER C
29 ENERGY INFORMATION, PLANNING AND ALLOCATION
30 SEC.
19770H0191B3411 - 20 -
1 4121. PERIODIC REPORTS FROM ENERGY INDUSTRIES.
2 4122. UTILIZATION OF PREVIOUSLY SUPPLIED INFORMATION.
3 4123. MASTER ENERGY PLAN.
4 4124. EMERGENCY ENERGY ALLOCATION PLAN.
5 4125. DECLARATION BY GOVERNOR OF DISASTER EMERGENCY.
6 4126. POWERS DURING DISASTER EMERGENCY.
7 § 4121. PERIODIC REPORTS FROM ENERGY INDUSTRIES.
8 (A) GENERAL RULE.--THE COUNCIL SHALL ADOPT RULES AND
9 REGULATIONS REQUIRING THE PERIODIC REPORTING BY ENERGY
10 INDUSTRIES OF ENERGY INFORMATION WHICH SHALL INCLUDE BUT NOT BE
11 LIMITED TO THE FOLLOWING:
12 (1) ELECTRICAL GENERATING CAPACITY IN THIS COMMONWEALTH;
13 LONG-RANGE PLANS FOR ADDITIONS TO THAT CAPACITY; EFFICIENCY
14 OF ELECTRICAL GENERATION; PRICE AND COST FACTORS IN
15 ELECTRICAL GENERATION; TYPES AND QUANTITIES OF FUELS USED;
16 PROJECTIONS OF FUTURE DEMAND, CONSUMPTION OF ELECTRICITY BY
17 SECTORS; AND TIMES, DURATION AND LEVELS OF PEAK DEMAND.
18 (2) PETROLEUM REFINING CAPACITY; AMOUNT AND TYPE OF FUEL
19 PRODUCED; AMOUNT AND TYPE OF FUEL SOLD; INTERSTATE TRANSFERS
20 OF FUEL; PRICE AND COST FACTORS IN REFINING, PRODUCTION AND
21 SALE; LONG-TERM PLANS FOR ALTERATIONS OR ADDITIONS TO
22 REFINING CAPACITY; AND LOCATION, AMOUNT AND TYPE OF FUEL
23 STORAGE.
24 (3) STORAGE CAPACITY FOR GASES; AMOUNT AND END USES OF
25 GASES SOLD; AND PRICE AND COST FACTORS IN THE SALE AND USE OF
26 GASES.
27 (4) PRICE AND COST FACTORS IN THE SALE AND USE OF FUEL
28 OIL; INTERSTATE TRANSFERS OF FUEL OIL; AMOUNT AND TYPE OF
29 FUEL OIL SOLD; LONG-TERM PLANS FOR ALTERATIONS OR ADDITIONS
30 TO STORAGE CAPACITY; AND LOCATION, AMOUNT AND TYPE OF FUEL
19770H0191B3411 - 21 -
1 OIL STORAGE.
2 (5) SUCH OTHER INFORMATION AS THE COUNCIL MAY DETERMINE
3 NECESSARY FOR CARRYING OUT THE PURPOSES OF THIS CHAPTER.
4 (B) FILING COPIES OF REPORTS TO FEDERAL AGENCIES.--THE
5 COUNCIL MAY REQUIRE THE ENERGY INDUSTRY OR PERSON TO FILE WITH
6 IT A COPY OF ANY REPORT FILED BY THE ENERGY INDUSTRY OR PERSON
7 WITH ANY FEDERAL AGENCY.
8 (C) OATH OR AFFIRMATION.--ALL INFORMATION SUBMITTED SHALL BE
9 UNDER OATH OR AFFIRMATION WHEN REQUIRED BY THE COUNCIL.
10 (D) ANNUAL REPORT ANALYZING INFORMATION.--THE COUNCIL SHALL
11 AT LEAST ANNUALLY PUBLISH A REPORT ANALYZING ALL ENERGY
12 INFORMATION COLLECTED, BUT SHALL NOT EXPLICITLY PUBLISH ANY
13 TRADE SECRET OR PUBLISH ANY INFORMATION WHICH COULD HAVE THE
14 EFFECT OF DISCLOSING A TRADE SECRET.
15 (E) TRADE SECRETS.--THE COUNCIL AND ALL PERSONS SHALL <--
16 PRESERVE THE CONFIDENTIALITY OF ANY TRADE SECRETS OF WHICH IT OR
17 THEY LEARN IN THE EXERCISE OF THE POWERS GRANTED BY THIS
18 CHAPTER.
19 (F) SUBPOENA.--
20 (1) COUNCIL, UPON THE OCCURRENCE OF ANY OF THE
21 CONDITIONS SPECIFIED IN PARAGRAPH (2) AND UPON GOOD CAUSE
22 SHOWN, MAY:
23 (I) PETITION THE COMMONWEALTH COURT TO AUTHORIZE THE
24 COUNCIL TO ISSUE A SUBPOENA FOR THOSE PERIODIC REPORTS
25 WHICH COMMONWEALTH COURT FINDS THE ENERGY INDUSTRY HAS
26 FAILED TO PROVIDE;
27 (II) PETITION THE COMMONWEALTH COURT TO AUTHORIZE
28 THE COUNCIL TO ISSUE A SUBPOENA FOR THOSE SPECIFIC BOOKS
29 AND RECORDS WHICH COMMONWEALTH COURT FINDS THAT COUNCIL
30 REQUIRES TO COMPILE A COMPLETE AND ACCURATE ENERGY
19770H0191B3411 - 22 -
1 REPORT; OR
2 (III) PETITION THE COMMONWEALTH COURT TO ISSUE A
3 SUBPOENA AUTHORIZING COUNCIL TO ENTER UPON THE PREMISES,
4 BUILDINGS, MACHINERY, SYSTEM, EQUIPMENT OF ANY ENERGY
5 INDUSTRY TO MAKE AN INSPECTION, VALUATION, PHYSICAL
6 EXAMINATION, INQUIRY, OR INVESTIGATION TO VERIFY ANY
7 PERIODIC REPORTS OF ENERGY INFORMATION REQUIRED UNDER
8 THIS SECTION, WHICH COMMONWEALTH COURT FINDS ARE
9 INACCURATE OR INCOMPLETE.
10 (2) THE PROVISIONS OF PARAGRAPH (1) SHALL APPLY WHENEVER
11 ANY ENERGY INDUSTRY:
12 (I) HAS FAILED TO PROVIDE THE PERIODIC REPORTS OF
13 ENERGY INFORMATION REQUIRED UNDER THIS SECTION, AND
14 CONTINUES TO REFUSE TO PROVIDE SUCH INFORMATION FOR A
15 PERIOD OF 30 DAYS AFTER WRITTEN NOTICE FROM THE COUNCIL;
16 (II) HAS PROVIDED A PERIODIC REPORT OF ENERGY
17 INFORMATION REQUIRED UNDER THIS SECTION WHICH THE COUNCIL
18 HAS REASON TO BELIEVE IS INACCURATE OR INCOMPLETE, AND
19 SAID ENERGY INDUSTRY REFUSES TO PROVIDE THE ADDITIONAL OR
20 CORRECTED INFORMATION WHICH THE COUNCIL BELIEVES IS
21 REQUIRED FOR A PERIOD OF 30 DAYS AFTER WRITTEN NOTICE
22 FROM THE COUNCIL; OR
23 (III) HAS REFUSED PERMISSION TO THE COUNCIL TO ENTER
24 UPON THE PREMISES, BUILDINGS, MACHINERY, SYSTEM, PLANT OR
25 EQUIPMENT OF ANY ENERGY INDUSTRY TO MAKE AN INSPECTION,
26 VALUATION, PHYSICAL EXAMINATION, INQUIRY, OR
27 INVESTIGATION TO VERIFY ANY PERIODIC REPORTS OF ENERGY
28 INFORMATION REQUIRED UNDER THIS SECTION, WHERE COUNCIL
29 HAS REASON TO BELIEVE SUCH REPORTS ARE INACCURATE OR
30 INCOMPLETE, AND SUCH REFUSAL CONTINUES FOR A PERIOD OF 30
19770H0191B3411 - 23 -
1 DAYS AFTER WRITTEN NOTICE FROM THE COUNCIL.
2 (3) NOTWITHSTANDING ANY PROVISION IN THIS SUBSECTION TO
3 THE CONTRARY, WHENEVER THE GOVERNOR HAS DECLARED A DISASTER
4 EMERGENCY PURSUANT TO SECTION 4125 (RELATING TO DECLARATION
5 BY GOVERNOR OF DISASTER EMERGENCY), THE COUNCIL MAY, AT ANY
6 TIME DURING THE EMERGENCY, PETITION THE COMMONWEALTH COURT TO
7 ISSUE ANY SUBPOENA PROVIDED FOR IN THIS SUBSECTION.
8 (G) PENALTY.--IT SHALL BE A SUMMARY OFFENSE FOR ANY
9 INDIVIDUAL OR ANY ENERGY INDUSTRY TO FAIL TO OBEY THE COMMAND OF
10 A SUBPOENA ISSUED BY THE COUNCIL PURSUANT TO SUBSECTION (F).
11 § 4122. UTILIZATION OF PREVIOUSLY SUPPLIED INFORMATION.
12 IN ORDER TO AVOID DUPLICATION OF REPORTING BY THE ENERGY
13 INDUSTRY, THE COUNCIL SHALL UTILIZE ANY INFORMATION PREVIOUSLY <--
14 ENERGY INDUSTRY SHALL SUPPLY TO THE COUNCIL ANY INFORMATION <--
15 SUPPLIED TO OFFICERS AND AGENCIES OF THE FEDERAL GOVERNMENT AND <--
16 OF THIS COMMONWEALTH AND POLITICAL SUBDIVISIONS THEREOF. THESE <--
17 COMMONWEALTH OFFICERS AND AGENCIES AND OFFICERS OF POLITICAL <--
18 SUBDIVISIONS THEREOF SHALL COOPERATE WITH AND SUPPLY TO THE
19 COUNCIL SUCH INFORMATION AS THE COUNCIL SHALL REQUEST.
20 § 4123. MASTER ENERGY PLAN.
21 (A) GENERAL RULE.--THE COUNCIL SHALL PREPARE AND, AFTER
22 PUBLIC HEARING, ADOPT WITHIN ONE YEAR FROM THE EFFECTIVE DATE OF
23 THIS ACT A MASTER PLAN FOR A PERIOD OF TEN YEARS ON THE
24 PRODUCTION, DISTRIBUTION, CONSUMPTION AND CONSERVATION OF ENERGY
25 IN THIS COMMONWEALTH AND SHALL DELIVER THE PLAN AND ANY
26 AMENDMENTS THERETO TO THE GENERAL ASSEMBLY.
27 (B) CONTENTS, AMENDMENTS AND PREPARING PLAN.--THE PLAN SHALL
28 INCLUDE LONG-TERM OBJECTIVES BUT SHALL PROVIDE FOR THE INTERIM
29 IMPLEMENTATION OF MEASURES CONSISTENT WITH THESE OBJECTIVES. THE
30 PLAN SHALL ALSO INCLUDE ENERGY AND FUEL SUPPLY PROJECTIONS,
19770H0191B3411 - 24 -
1 ENERGY AND FUEL SUPPLY LOCATIONS AND DETERMINATION OF THE NEED
2 FOR AND WAYS OF ATTAINING DEVELOPMENT OF ENERGY AND FUEL
3 SUPPLIES IN A TIMELY, EFFICIENT, ECOLOGICAL AND ECONOMICAL
4 MANNER. THE COUNCIL MAY FROM TIME TO TIME AND AFTER PUBLIC
5 HEARING AMEND THE MASTER PLAN TO MAINTAIN AND KEEP THE PLAN
6 CURRENT. IN PREPARING THE MASTER PLAN OR ANY PORTION THEREOF OR
7 AMENDMENT THERETO THE COUNCIL SHALL GIVE DUE CONSIDERATION TO
8 THE ENERGY NEEDS AND SUPPLIES IN THE SEVERAL GEOGRAPHIC AREAS OF
9 THIS COMMONWEALTH AND TO THE DESIRABILITY OF ANY INDUSTRIAL <--
10 USAGE OF ENERGY RESOURCES BEING SELF-SUFFICIENT OF PUBLIC
11 UTILITY SERVICE, AND SHALL HOLD A PUBLIC HEARING IN NOT LESS
12 THAN THREE DIFFERENT PARTS OF THE COMMONWEALTH EACH YEAR FOR
13 SUCH PURPOSE.
14 (C) COOPERATION AND COMPLIANCE WITH OTHER AGENCIES AND
15 FEDERAL LAW.--THE COUNCIL SHALL CONSULT AND COOPERATE WITH ANY
16 FEDERAL OR COMMONWEALTH AGENCY HAVING AN INTEREST IN THE
17 PRODUCTION, DISTRIBUTION, CONSUMPTION OR CONSERVATION OF ENERGY.
18 IN THE FORMULATION OF THE MASTER PLAN, THE COUNCIL SHALL MEET
19 THE REQUIREMENTS OF THE FEDERAL ENERGY POLICY AND CONSERVATION
20 ACT (PUBLIC LAW 94-163), AND THE ENERGY CONSERVATION AND
21 PRODUCTION 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 § 4124. EMERGENCY ENERGY ALLOCATION PLAN.
19770H0191B3411 - 25 -
1 THE COUNCIL SHALL PREPARE AND ADOPT, IN CONJUNCTION WITH THE
2 PUBLIC UTILITY COMMISSION AND THE OFFICE OF EMERGENCY
3 PREPAREDNESS, AN EMERGENCY ALLOCATION PLAN, INCLUDING A SCHEDULE
4 OF EMERGENCY ENERGY CURTAILMENT BASED ON A UNIFORM
5 CLASSIFICATION OF ENERGY CUSTOMERS, SPECIFYING ACTIONS TO BE
6 TAKEN IN THE EVENT OF A DISASTER EMERGENCY AS PROCLAIMED BY THE
7 GOVERNOR PURSUANT TO SECTION 4125 (RELATING TO DECLARATION BY
8 GOVERNOR OF DISASTER EMERGENCY) AND FURTHER SPECIFYING WHAT <--
9 ACTIONS AN ENERGY INDUSTRY AND ITS CUSTOMERS MUST HAVE TAKEN
10 WITH REGARD TO THE USE AND CONSERVATION OF ENERGY FORMS IN ORDER
11 TO BE ELIGIBLE FOR ASSISTANCE IN THE EVENT OF A DISASTER
12 EMERGENCY AS PROCLAIMED BY THE GOVERNOR PURSUANT TO SECTION
13 4125. THE COUNCIL SHALL DIRECT ALL COMMONWEALTH AGENCIES TO
14 DEVELOP, SUBJECT TO APPROVAL BY THE COUNCIL, CONTINGENCY PLANS
15 FOR DEALING WITH THESE EMERGENCIES. IN ANY EVENT, THOSE PORTIONS
16 OF SUCH EMERGENCY ALLOCATION PLANS OR CONTINGENCY PLANS
17 SPECIFICALLY PERTAINING TO ENERGY INDUSTRIES REGULATED BY THE
18 PUBLIC UTILITY COMMISSION SHALL BE INITIALLY PREPARED AND
19 THEREAFTER REVISED BY THE PUBLIC UTILITY COMMISSION, AT THE
20 REQUEST OF AN AND WITH THE APPROVAL OF THE COUNCIL IN SUCH TIME <--
21 PERIOD AS THE COUNCIL SHALL DIRECT.
22 § 4125. DECLARATION BY GOVERNOR OF DISASTER EMERGENCY.
23 (A) RESPONSIBILITY TO MEET DISASTERS.--THE GOVERNOR IS
24 RESPONSIBLE FOR MEETING THE DANGERS TO THIS COMMONWEALTH AND
25 PEOPLE PRESENTED BY DISASTERS.
26 (B) EXECUTIVE ORDERS, PROCLAMATIONS AND REGULATIONS.--UNDER
27 THIS CHAPTER, THE GOVERNOR MAY ISSUE, AMEND AND RESCIND
28 EXECUTIVE ORDERS, PROCLAMATIONS AND REGULATIONS WHICH SHALL HAVE
29 THE FORCE AND EFFECT OF LAW.
30 (C) DECLARATION OF DISASTER EMERGENCY.--A DISASTER EMERGENCY
19770H0191B3411 - 26 -
1 SHALL BE DECLARED BY EXECUTIVE ORDER OR PROCLAMATION OF THE
2 GOVERNOR UPON FINDING THAT A DISASTER HAS OCCURRED OR THAT THE
3 OCCURRENCE OR THE THREAT OF A DISASTER IS IMMINENT. THE STATE OF
4 DISASTER EMERGENCY SHALL CONTINUE UNTIL THE GOVERNOR FINDS THAT
5 THE THREAT OR DANGER HAS PASSED OR THE DISASTER HAS BEEN DEALT
6 WITH TO THE EXTENT THAT EMERGENCY CONDITIONS NO LONGER EXIST AND
7 TERMINATES THE STATE OF DISASTER EMERGENCY BY EXECUTIVE ORDER OR
8 PROCLAMATION, BUT NO STATE OF DISASTER EMERGENCY MAY CONTINUE
9 FOR LONGER THAN 30 DAYS UNLESS RENEWED BY THE GOVERNOR. THE
10 GENERAL ASSEMBLY BY CONCURRENT RESOLUTION MAY TERMINATE A STATE
11 OF DISASTER EMERGENCY AT ANY TIME. THEREUPON, THE GOVERNOR SHALL
12 ISSUE AN EXECUTIVE ORDER OR PROCLAMATION ENDING THE STATE OF
13 DISASTER EMERGENCY. ALL EXECUTIVE ORDERS OR PROCLAMATIONS ISSUED
14 UNDER THIS SUBSECTION SHALL INDICATE THE NATURE OF THE DISASTER,
15 THE AREA OR AREAS THREATENED AND THE CONDITIONS WHICH HAVE
16 BROUGHT THE DISASTER ABOUT OR WHICH MAKE POSSIBLE TERMINATION OF
17 THE STATE OF DISASTER EMERGENCY. AN EXECUTIVE ORDER OR
18 PROCLAMATION SHALL BE DISSEMINATED PROMPTLY BY MEANS CALCULATED
19 TO BRING ITS CONTENTS TO THE ATTENTION OF THE GENERAL PUBLIC
20 AND, UNLESS THE CIRCUMSTANCES ATTENDANT UPON THE DISASTER
21 PREVENT OR IMPEDE, SHALL BE PROMPTLY FILED WITH THE COUNCIL.
22 § 4126. POWERS DURING DISASTER EMERGENCY.
23 (A) GENERAL RULE.--THE COUNCIL IS AUTHORIZED, IN THE EVENT
24 OF A DISASTER EMERGENCY AS PROCLAIMED BY THE GOVERNOR PURSUANT
25 TO SECTION 4125 (RELATING TO DECLARATION BY GOVERNOR OF DISASTER
26 EMERGENCY), TO THE EXTENT NOT IN CONFLICT WITH APPLICABLE
27 FEDERAL LAW OR REGULATION BUT NOTWITHSTANDING ANY STATE OR LOCAL
28 LAW OR CONTRACTUAL AGREEMENT, TO:
29 (1) ORDER ANY PERSON TO REDUCE BY A SPECIFIED AMOUNT THE
30 USE OF ANY ENERGY FORM; TO MAKE USE OF AN ALTERNATE ENERGY
19770H0191B3411 - 27 -
1 FORM, WHERE POSSIBLE; OR TO CEASE THE USE OF ANY ENERGY FORM.
2 (2) ORDER ANY PERSON ENGAGED IN THE DISTRIBUTION OF ANY
3 ENERGY FORM TO REDUCE OR INCREASE BY A SPECIFIED AMOUNT OR TO
4 CEASE THE DISTRIBUTION OF THE ENERGY FORM; TO DISTRIBUTE A
5 SPECIFIED AMOUNT AND TYPE OF ENERGY FORM TO CERTAIN USERS OF <--
6 THAT ENERGY FORM AS SPECIFIED BY THE COUNCIL; OR TO SHARE
7 SUPPLIES OF ANY ENERGY FORM WITH OTHER DISTRIBUTORS THEREOF;
8 PROVIDED, HOWEVER, EVERY EFFORT SHALL BE MADE BY THE COUNCIL
9 TO INSURE THAT NO ONE FUEL DISTRIBUTOR IS REQUIRED TO
10 RELINQUISH HIS ENERGY INVENTORY DISPROPORTIONATELY TO ONE OR
11 MORE OTHER FUEL DISTRIBUTORS IN THE SAME OR SIMILAR
12 CIRCUMSTANCES.
13 (3) ESTABLISH PRIORITIES FOR THE DISTRIBUTION OF ANY
14 ENERGY FORM.
15 (4) REGULATE AND CONTROL THE DISTRIBUTION AND SALE OF
16 ANY ENERGY FORM BY:
17 (I) ESTABLISHING SUCH LIMITATIONS, PRIORITIES OR
18 RATIONING PROCEDURES AS SHALL BE NECESSARY TO INSURE A
19 FAIR AND EQUITABLE DISTRIBUTION OF AVAILABLE SUPPLIES.
20 (II) ESTABLISHING MINIMUM AND MAXIMUM QUANTITIES TO
21 BE SOLD TO ANY PURCHASER.
22 (III) FIXING THE DAYS AND HOURS OF ACCESS TO RETAIL
23 DEALERS.
24 (IV) COMPELLING SALES TO MEMBERS OF THE GENERAL
25 PUBLIC DURING TIMES WHEN A RETAIL DEALER IS OPEN FOR THE
26 SALE OF AN ENERGY FORM.
27 (V) ESTABLISHING METHODS FOR NOTIFYING THE PUBLIC BY
28 FLAGS, SYMBOLS OR OTHER APPROPRIATE MEANS WHETHER RETAIL
29 DEALERS ARE OPEN AND SELLING THE SUBJECT ENERGY FORM.
30 (5) ORDER COMPENSATION TO BE PAID DIRECTLY TO ANY PERSON <--
19770H0191B3411 - 28 -
1 ENGAGED IN THE DISTRIBUTION OF THE ENERGY FORM "GASES" WHO IS
2 REQUIRED BY COUNCIL ORDER UNDER PARAGRAPH (2), EITHER TO
3 DISTRIBUTE A SPECIFIED AMOUNT AND TYPE OF ENERGY FORM TO
4 CERTAIN USERS AS SPECIFIED BY THE COUNCIL, OR TO SHARE
5 SUPPLIES WITH OTHER DISTRIBUTORS THEREOF, IN THE FOLLOWING
6 MANNER:
7 (I) FOR THE FIRST 24 MONTHS SUBSEQUENT TO THE
8 ENACTMENT OF THIS CHAPTER, THE RECIPIENT OF THE SHARED OR
9 DISTRIBUTED GAS SHALL PAY TO THE PROVIDER OF THE SHARED
10 OR DISTRIBUTED GAS, THE FULL COST OF THE HIGHEST PRICE
11 GAS UTILIZED BY THE PROVIDER TO REPLACE THE GAS SHARED OR
12 DISTRIBUTED PURSUANT TO AN ORDER OF THE COUNCIL.
13 (II) TO FURTHER ENCOURAGE THE FUTURE GROWTH OF
14 ENERGY SUPPLIES: BEGINNING WITH THE 25TH MONTH SUBSEQUENT
15 TO THE ENACTMENT OF THIS CHAPTER, THE RECIPIENT OF THE
16 SHARED OR DISTRIBUTED GAS SHALL PAY TO THE PROVIDER OF
17 THE SHARED OR DISTRIBUTED GAS, THE FULL COST OF THE
18 HIGHEST PRICE GAS UTILIZED BY THE PROVIDER TO REPLACE THE
19 GAS SHARED OR DISTRIBUTED PURSUANT TO AN ORDER OF THE
20 COUNCIL, AND IN ADDITION THERETO, THE RECIPIENT SHALL PAY
21 TO THE PROVIDER 15% OF SAID FULL COSTS, WHICH SAID 15% OF
22 SAID FULL COSTS SHALL BE REFUNDED IN FULL BY THE PROVIDER
23 TO THE CUSTOMERS OF THE PROVIDER.
24 (III) THE TERM "FULL COST" AS USED IN SUBPARAGRAPHS
25 (I) AND (II) SHALL MEAN THE SUM OF ALL OPERATING AND
26 MAINTENANCE COSTS INCURRED BY THE PROVIDER IN
27 DISTRIBUTING OR SHARING GAS, AND SHALL INCLUDE BUT NOT BE
28 LIMITED TO, THE COST OF RAW MATERIALS, FUELS, FEEDSTOCK,
29 CATALYSTS, CHEMICALS, UTILITIES, RENTALS, SALES, REVENUE
30 AND SIMILAR TAXES (IF ANY), LABOR AND OTHER OPERATION AND
19770H0191B3411 - 29 -
1 MAINTENANCE EXPENSES. WHERE THE COMPENSATION PROVISIONS
2 OF THIS PARAGRAPH ARE INVOKED, AND GAS IS IN FACT SHARED
3 OR DISTRIBUTED, THEN THE COUNCIL SHALL HAVE THE AUTHORITY
4 TO AUDIT THOSE BOOKS AND RECORDS OF THE PROVIDER RELEVANT
5 TO THE PROVIDER'S DETERMINATION OF "FULL COST" IN
6 CONNECTION WITH THE SPECIFIC SHARING OR DISTRIBUTION OF
7 THE GAS INVOLVED.
8 (5) (6) DIRECT THE HEADS OF THOSE COMMONWEALTH AGENCIES <--
9 THAT WERE ORDERED TO DEVELOP CONTINGENCY PLANS PURSUANT TO
10 SECTION 4124 (RELATING TO EMERGENCY ENERGY ALLOCATION PLAN)
11 TO IMPLEMENT THE PLANS.
12 (6) (7) ORDER THE TEMPORARY CLOSING OF PUBLIC OR PRIVATE <--
13 FACILITIES BY CLASS INCLUDING BUT NOT LIMITED TO ANY
14 BUSINESS, SCHOOL OR SPORTS FACILITY.
15 (7) (8) ADOPT AND PROMULGATE SUCH RULES AND REGULATIONS <--
16 AS ARE NECESSARY AND PROPER TO CARRY OUT THE PURPOSES OF THIS
17 SECTION.
18 (B) POWER OF GOVERNOR TO SUSPEND LAWS, ETC.--DURING THE
19 EXISTENCE OF A DISASTER EMERGENCY, THE GOVERNOR MAY ORDER THE
20 SUSPENSION OF ANY LAWS, RULES, REGULATIONS OR ORDERS OF ANY
21 AGENCY OF THE COMMONWEALTH OR ANY POLITICAL SUBDIVISION WHICH
22 DEAL WITH OR AFFECT ENERGY AND WHICH IMPEDE THE ABILITY OF THE
23 GOVERNOR TO ALLEVIATE OR TERMINATE A DISASTER EMERGENCY. UPON
24 DECLARING A DISASTER EMERGENCY, THE GOVERNOR MAY SUPERSEDE ANY
25 OTHER SUCH EMERGENCY POWERS.
26 (C) REVIEW OF ORDERS OF COUNCIL.--ANY AGGRIEVED PERSON, UPON
27 APPLICATION TO THE COUNCIL, SHALL BE GRANTED A REVIEW OF WHETHER
28 THE CONTINUANCE OF ANY ORDER ISSUED BY THE COUNCIL PURSUANT TO
29 THIS SECTION IS UNREASONABLE IN LIGHT OF THEN PREVAILING
30 CONDITIONS OF EMERGENCY.
19770H0191B3411 - 30 -
1 (D) COMPELLING ASSISTANCE FROM COMMONWEALTH AGENCIES.--
2 DURING A DISASTER EMERGENCY THE COUNCIL MAY REQUIRE ANY OTHER
3 COMMONWEALTH AGENCY TO PROVIDE SUCH INFORMATION, ASSISTANCE,
4 RESOURCES AND PERSONNEL AS SHALL BE NECESSARY TO DISCHARGE THE
5 FUNCTIONS AND RESPONSIBILITIES OF THE COUNCIL UNDER THIS
6 CHAPTER, RULES AND REGULATIONS ADOPTED UNDER THIS CHAPTER OR
7 APPLICABLE FEDERAL LAWS AND REGULATIONS.
8 (E) POWERS OF GOVERNOR AND COUNCIL CUMULATIVE.--THE POWERS
9 GRANTED TO THE GOVERNOR AND THE COUNCIL UNDER THIS SECTION SHALL
10 BE IN ADDITION TO AND NOT IN LIMITATION OF ANY EMERGENCY POWERS
11 NOW OR HEREAFTER VESTED IN THE GOVERNOR, THE COUNCIL OR ANY
12 OTHER COMMONWEALTH AGENCY PURSUANT TO ANY OTHER LAWS, INCLUDING
13 BUT NOT LIMITED TO ANY POWER NOW VESTED IN THE PUBLIC UTILITY
14 COMMISSION TO REQUIRE UTILITY COMPANIES TO ALLOCATE AVAILABLE
15 SUPPLIES OF ENERGY.
16 SUBCHAPTER D
17 VIOLATIONS AND PENALTIES
18 SEC.
19 4131. ACTIONS FOR INJUNCTIVE RELIEF.
20 4132. CIVIL PENALTIES.
21 4133. CRIMINAL PENALTIES.
22 4134. RECOMMENDING LICENSE SUSPENSION OR REVOCATION.
23 § 4131. ACTIONS FOR INJUNCTIVE RELIEF.
24 UPON A VIOLATION OF THIS CHAPTER OR OF ANY RULES, REGULATIONS
25 OR ORDERS ISSUED UNDER THIS CHAPTER, THE COUNCIL MAY INSTITUTE A
26 CIVIL ACTION IN THE COMMONWEALTH COURT OR IN THE COURT OF COMMON
27 PLEAS OF THE JUDICIAL DISTRICT IN WHICH THE VIOLATION OCCURS FOR
28 INJUNCTIVE RELIEF TO RESTRAIN THE VIOLATION AND FOR SUCH OTHER
29 RELIEF AS THE COURT SHALL DEEM PROPER. NEITHER THE INSTITUTION
30 OF THIS ACTION NOR ANY OF THE PROCEEDINGS THEREIN SHALL RELIEVE
19770H0191B3411 - 31 -
1 ANY PARTY TO THE PROCEEDINGS FROM OTHER FINES OR PENALTIES
2 PRESCRIBED FOR THE VIOLATION BY THIS CHAPTER OR BY ANY RULE,
3 REGULATION OR ORDER ISSUED UNDER THIS CHAPTER.
4 § 4132. CIVIL PENALTIES.
5 (A) PENALTY.--ANY PERSON WHO FAILS TO PROVIDE ENERGY <--
6 INFORMATION WHEN SO REQUIRED BY THE COUNCIL SHALL BE LIABLE FOR
7 A CIVIL PENALTY OF NOT MORE THAN $3,000 FOR EACH OFFENSE. IF THE
8 VIOLATION IS OF A CONTINUING NATURE, EACH DAY DURING WHICH IT
9 CONTINUES SHALL CONSTITUTE AN ADDITIONAL AND SEPARATE OFFENSE.
10 (B) TRADE SECRETS.--ANY PERSON WHO MAKES AN UNAUTHORIZED <--
11 DISCLOSURE OF A TRADE SECRET OR OTHER CONFIDENTIAL INFORMATION
12 IN VIOLATION OF THIS CHAPTER OR THE REGULATIONS PROMULGATED
13 HEREUNDER SHALL BE LIABLE TO THE PERSON OWNING SUCH TRADE SECRET
14 FOR TREBLE THE ACTUAL DAMAGES SUSTAINED BY SUCH PERSON BY REASON
15 OF SUCH DISCLOSURE. ANY PERSON TO WHOM ANY TRADE SECRET IS
16 DISCLOSED IN VIOLATION OF THIS CHAPTER OR THE REGULATIONS
17 PROMULGATED HEREUNDER AND WHO MAKES ANY USE OF SUCH INFORMATION
18 SHALL BE LIABLE FOR TREBLE THE ACTUAL DAMAGES SUSTAINED BY THE
19 PERSON WHOSE TRADE SECRET IS DISCLOSED IN VIOLATION OF THIS
20 CHAPTER OR THE REGULATIONS PROMULGATED HEREUNDER.
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
19770H0191B3411 - 32 -
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.
19770H0191B3411 - 33 -
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. 1979. <--
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/19770H0191B3411 - 34 -