PRINTER'S NO. 246
No. 241 Session of 1981
INTRODUCED BY J. L. WRIGHT, BURNS, KUKOVICH, SEVENTY, STAIRS
AND TELEK, JANUARY 27, 1981
REFERRED TO COMMITTEE ON MINES AND ENERGY MANAGEMENT,
JANUARY 27, 1981
AN ACT
1 Providing for energy conservation and management, establishing
2 the Pennsylvania State Energy Office, providing for its
3 powers and duties and creating an Energy Advisory Council.
4 TABLE OF CONTENTS
5 Chapter 1. Preliminary Provisions
6 Section 101. Short title.
7 Section 102. Findings and declaration of policy.
8 Section 103. Definitions.
9 Section 104. Legislative intent.
10 Section 105. National Energy Act.
11 Chapter 3. Pennsylvania State Energy Office
12 Section 301. Pennsylvania State Energy Office.
13 Section 302. Powers and duties.
14 Section 303. Report to the General Assembly.
15 Chapter 5. Energy Information, Planning and Allocation
16 Section 501. Periodic reports from energy industries.
17 Section 502. Utilization of previously supplied information.
1 Section 503. Energy Management Plan.
2 Section 504. Emergency energy allocation plan.
3 Section 505. Energy Advisory Council.
4 Section 506. Duties of the council.
5 Chapter 7. Violations and Penalties
6 Section 701. Actions for injunctive relief.
7 Section 702. Civil penalties; failure to provide
8 information.
9 Section 703. Criminal penalties.
10 Section 704. Recommending license suspension or revocation.
11 Chapter 9. Transition and Effective Date
12 Section 901. Governor's Energy Council abolished.
13 Section 902. Expiration of Pennsylvania State Energy Office.
14 Section 903. Effective date.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 CHAPTER 1
18 PRELIMINARY PROVISIONS
19 Section 101. Short title.
20 This act shall be known and may be cited as the "Energy
21 Conservation and Management Law."
22 Section 102. Findings and declaration of policy.
23 The General Assembly finds as a fact that there is in
24 prospect for the indefinite future a shortage of all forms of
25 energy, including oil, natural gas and other fuels and the
26 electricity into which such fuels are sometimes converted; and
27 that such shortage is likely to curtail industrial activity,
28 increase unemployment and threaten the health, welfare and
29 comfort of citizens of this Commonwealth.
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1 The future well-being of Pennsylvania makes it imperative
2 that the Commonwealth pursue a policy that will result in an
3 energy program that will provide an adequate supply of energy
4 for Pennsylvania.
5 The General Assembly declares that it is the policy of the
6 Commonwealth of Pennsylvania to make plans that will encourage
7 the future growth of energy supplies and the development of our
8 natural resources so that the Commonwealth will progress
9 economically, ecologically and socially.
10 The General Assembly declares that it is the policy of the
11 Commonwealth of Pennsylvania to encourage industrial development
12 of self-sufficient means of energy usage and to avert
13 unemployment and its effects upon the well-being of the citizens
14 of the Commonwealth which would likely be the result of
15 curtailing industrial activity during shortages of energy. The
16 development of waste heat as an energy source for industrial
17 customers shall be encouraged.
18 Because of the complexity of the problem, the diverse factors
19 that make up the solution and the need for a coordinated policy
20 that crosses departmental authority and local government
21 boundary lines, the General Assembly creates the Pennsylvania
22 Energy Council to oversee the development and growth of energy
23 resources in this Commonwealth.
24 Further, it is the policy of the Commonwealth of Pennsylvania
25 that individuals, interested groups, representatives of
26 governmental bodies, utility representatives and experts in the
27 field of energy participate in the decision-making process of
28 the office.
29 It is further the policy of the Commonwealth of Pennsylvania
30 that every effort be made to make coal a significant source of
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1 energy in Pennsylvania.
2 Section 103. Definitions.
3 The following words and phrases when used in this act shall
4 have, unless the context clearly indicates otherwise, the
5 meanings given to them in this section:
6 "Council." The Energy Advisory Council.
7 "Distributor." A person who:
8 (1) imports into this Commonwealth fuels for
9 distribution, sale or storage for sale in this Commonwealth;
10 or
11 (2) produces, refines, manufactures, blends or compounds
12 fuels and sells, stores for sale or distributes fuels within
13 this Commonwealth.
14 "Energy form." Electricity however generated, fuels,
15 petroleum products and gases, and all power derived from, or
16 generated by, any natural or man-made agent, including, but not
17 limited to, petroleum products, gases, solar radiation, atomic
18 fission or fusion, mineral formations, thermal gradients, wind
19 or water.
20 "Energy industry." A person engaged in the transportation,
21 transmission, refining, processing, generation, distribution,
22 sale or storage of energy for the production of light, heat or
23 power. The term shall not include companies producing steel in
24 this Commonwealth, or apply to persons engaged in the
25 transportation, transmission, refining, processing, generation,
26 distribution, sale or storage of energy strictly for use in
27 their own manufacturing processes.
28 "Energy information." Any statistic, datum, fact or item of
29 knowledge and all combinations thereof relating to energy.
30 "Energy office" or "office." The Pennsylvania State Energy
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1 Office.
2 "Executive director." The Executive Director of the
3 Pennsylvania Energy Office.
4 "Fuel." Coal, petroleum products, gases and nuclear fuel,
5 including enriched uranium, U235 and U238, and plutonium, U239.
6 "Gases." Natural gas, methane, liquified natural gas,
7 synthetic natural gas, coal gas and other manufactured fuel
8 gases.
9 "Person."
10 (1) Individuals, partnerships or associations other than
11 corporations, and includes their lessee and assignees,
12 trustees, receivers, executors, administrators or other
13 successors in interest.
14 (2) All bodies corporate, joint-stock companies or
15 associations, domestic or foreign, their lessee, assignees,
16 trustees, receivers or other successors in interest having
17 any of the powers or privileges of corporations not possessed
18 by individuals or partnerships.
19 (3) All municipalities of this Commonwealth and also any
20 public corporation, authority or body whatsoever created or
21 organized under any statute of this Commonwealth for the
22 purpose of rendering any service similar to that of a public
23 utility.
24 (4) Municipalities and any public corporation, authority
25 or body whatsoever created or organized under any statute of
26 this Commonwealth for the purpose of rendering electric
27 utility service and cooperative associations which furnish
28 service on a nonprofit basis only to their stockholders or
29 members shall be required to provide information to the State
30 Energy Office on electric generation projects they own which
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1 have an installed capacity of 30 megawatts or greater per
2 unit and which are not included in the reports of any other
3 person but they shall otherwise be excluded from the
4 provisions of this act.
5 Nothing contained in this act is intended to and nothing
6 contained in this act shall be construed to increase the
7 jurisdiction of the Pennsylvania Public Utility Commission.
8 "Petroleum products." Includes motor gasoline, middle
9 distillate oils, residual fuel oils, aviation fuel, propane,
10 butane, natural gasoline, naphtha, gas oils, lubricating oils
11 and any other similar or dissimilar liquid hydrocarbons.
12 "Petroleum supplier." Any firm or any part or subsidiary of
13 any firm other than the United States Department of Defense
14 which presently supplies, sells, transfers or otherwise
15 furnishes as by consignment any petroleum product to wholesale
16 purchasers or end-users, including, but not limited to refiners,
17 natural gas processing plants or fractioning plants, importers,
18 resellers, jobbers and retailers.
19 "Plan." The Energy Management Plan.
20 "Projected shortage." When the estimated supply of petroleum
21 products for any month is less than 90% of the supply sold in
22 the same month of a base year, as reflected by the reports
23 submitted to the office by petroleum suppliers.
24 "Purchase." Includes, in addition to its ordinary meaning,
25 any acquisition of ownership or possession including but not
26 limited to condemnation by eminent domain proceedings.
27 "Retail dealer." A person who engages in the business of
28 selling fuels from a fixed location including but not limited to
29 a service station, filling station, store or garage directly to
30 the ultimate users of the fuel.
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1 "Sale." Includes, in addition to its ordinary meaning, any
2 exchange, gift, theft or other disposition. In cases where fuels
3 are exchanged, given, stolen or otherwise disposed of, they
4 shall be deemed to have been sold.
5 "Trade secret." The whole or any portion or phase of any
6 scientific, technical, confidential business or financial or
7 otherwise proprietary information, design, process, procedure,
8 formula or improvement which is used in one's business and is
9 secret and of value. A trade secret shall be presumed to be
10 secret when the owner takes measures to prevent it from becoming
11 available to persons other than those selected by the owner to
12 have access thereto for limited purposes.
13 "Wholesale purchaser-reseller." Any firm which purchases,
14 receives through transfer or otherwise obtains as by consignment
15 a petroleum product and resells or otherwise transfers it to
16 other purchasers without substantially changing its form.
17 Section 104. Legislative intent.
18 Nothing in this act shall be construed to enlarge, diminish,
19 duplicate, conflict with, or supersede the exclusive authority
20 vested in the Pennsylvania Public Utility Commission by the
21 Public Utility Code to regulate public utilities.
22 Section 105. National Energy Act.
23 Nothing in this act shall be construed to conflict with the
24 function of the Public Utility Commission as the State
25 Regulatory Authority exclusively responsible for implementing
26 the provisions of the "Public Utility Regulatory Policies Act of
27 1978," (Public Law 95-617), as they apply to public utilities
28 under the jurisdiction of the commission.
29 CHAPTER 3
30 PENNSYLVANIA STATE ENERGY OFFICE
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1 Section 301. Pennsylvania State Energy Office.
2 (a) Office.--There is hereby established within the
3 Governor's Office a Pennsylvania State Energy Office which shall
4 develop, adopt and coordinate the implementation of an Energy
5 Management Plan for the conservation of and the development of
6 energy resources throughout the Commonwealth.
7 (b) Director.--The Governor shall appoint a director who
8 shall be the chief executive officer of the office and who shall
9 exercise all the powers and perform all of the duties vested in
10 and imposed upon the office.
11 (c) Officers and employees.--The director may appoint such
12 officers and employees of the office as he may deem necessary
13 for the performance of its duties and retain or employ engineers
14 and private consultants on a contract basis or otherwise for
15 rendering professional technical assistance.
16 Section 302. Powers and duties.
17 The office shall have the following powers and duties:
18 (1) To be the central repository within this
19 Commonwealth for the collection of energy information.
20 (2) To collect and analyze data relating to present and
21 future demands for and resources of all forms of energy.
22 (3) To require any energy industry within this
23 Commonwealth to submit such information as shall be
24 reasonably required to ascertain the prospect and impact of
25 an energy shortage, including figures with regard to current
26 and projected consumption, availability, alternate sources,
27 finished products, inventory or working stocks.
28 (4) To establish an energy information system which will
29 provide for the forecasting and publishing of anticipated
30 energy shortages and which will provide all data necessary to
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1 insure a fair and equitable distribution of available energy,
2 permit a more efficient and effective use of available energy
3 and provide the basis for long-term planning related to
4 energy needs.
5 (5) To inform and educate the public about the ways in
6 which energy can be used efficiently.
7 (6) To enter into interstate compacts in order to carry
8 out energy research and planning with other states or the
9 Federal Government where appropriate.
10 (7) To apply for, accept and expend grants-in-aid and
11 assistance from private and public sources for energy
12 programs. Notwithstanding any other law to the contrary, the
13 office is designated as the Commonwealth Agency to apply for,
14 receive and expend Federal and other funding made available
15 to the Commonwealth for the purposes of this act subject to
16 appropriation by the General Assembly.
17 (8) To adopt and promulgate rules and regulations
18 necessary and proper to carry out the purposes of this act as
19 specifically set forth in this section.
20 (9) To administer such regulations of agencies of the
21 Federal Government as are applicable to the states including
22 but not limited to State energy conservation plans.
23 (10) To develop, in cooperation with the Public Utility
24 Commission, a technique for evaluating forecasting
25 methodologies used by public utilities.
26 (11) To promote and develop the use of coal with the
27 goal of making it a significant source of energy within the
28 Commonwealth.
29 (12) To provide information and to make recommendations
30 on energy matters to the General Assembly.
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1 (13) To develop, in conjunction with the Energy Advisory
2 Council, a management plan for implementation within the
3 Commonwealth.
4 (14) To review existing and proposed State or Federal
5 agency rules, regulations or proceedings which affect energy
6 utilization and to recommend changes to the appropriate
7 agency in order to achieve energy development and
8 conservation in accordance with the master energy plan.
9 (15) To implement fuel allocations programs and
10 regulations for kerosene, motor gasoline and middle
11 distillates if prescribed by Federal law and not regulated by
12 the Public Utility Commission for the purpose of ameliorating
13 energy shortages or supply dislocations, whenever such occur,
14 and to charge administrative fees for this purpose not to
15 exceed $10 per application.
16 (16) To establish rules and regulations governing the
17 sale and distribution of kerosene, motor gasoline and middle
18 distillates not regulated by the Public Utility Commission
19 whenever a disaster emergency is declared by the Governor, on
20 account of a resource shortage, pursuant to 35 Pa.C.S. Part V
21 (relating to health and safety), known as the "Emergency
22 Management Service Code."
23 Section 303. Report to the General Assembly.
24 In addition to the submission of the master energy plan, the
25 office shall present to the General Assembly an annual report of
26 its activities. Such report shall include, but shall not be
27 limited to, accounting for funds received and disbursed,
28 statistics concerning the administration of the emergency energy
29 allocation program and the result of the contracted work which
30 was done with Federal or State funds in that fiscal year.
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1 CHAPTER 5
2 ENERGY INFORMATION, PLANNING AND ALLOCATION
3 Section 501. Periodic reports from energy industries.
4 (a) Petroleum industry information reports; monthly
5 report.--Beginning July 1 of the year following the effective
6 date of this act, each petroleum supplier doing business within
7 the Commonwealth shall submit monthly reports to the energy
8 office in a form prescribed by it specifying the volume (barrels
9 and gallons) of petroleum products:
10 (1) sold to its Pennsylvania end-users and to wholesale
11 purchaser-resellers for sale to Pennsylvania customers in the
12 previous month; and
13 (2) for sale within the Commonwealth in the succeeding
14 month.
15 (b) Projected shortage.--
16 (1) If the projected estimated supply of any petroleum
17 product for the succeeding month is less than 90% of the
18 supply which was sold for the same month, in an adjusted base
19 period to be established by the State Energy Office and
20 approved by the Energy Advisory Council after at least one
21 public hearing, thereby resulting in a projected shortage,
22 each petroleum supplier and wholesale purchaser-reseller
23 doing business in the Commonwealth may be required by the
24 office to supply additional information.
25 (2) A petroleum supplier may be required to furnish an
26 explanation to the office of the reason for the projected
27 shortage. The supplier, when requested by the office, shall
28 submit information on the extent of the projected shortage,
29 monthly supplies of petroleum products for each month in the
30 succeeding quarter, the measures that the supplier intends to
19810H0241B0246 - 11 -
1 take to alleviate the shortage and the measures which it
2 recommends for State and other government agencies to take to
3 alleviate the shortage or the adverse effects of the
4 projected shortage.
5 (3) A wholesale purchaser-reseller, upon the request of
6 the office shall provide the following information: the
7 volume (barrels and gallons) of petroleum products owned or
8 controlled by it; and the current and projected shortage
9 capacity for each month in the succeeding quarter.
10 (c) Reports from public utilities.--Public utilities shall
11 be required to submit to the office energy information and
12 related reports which a regulated public utility files with the
13 Public Utility Commission or Federal agencies which regulate its
14 public utility rates and service.
15 (d) Marketing or trade secrets.--
16 (1) Information given to the office by an energy
17 industry which that industry considers to be a marketing or
18 trade secret, shall be so indicated by the industry supplying
19 the information. The office shall have the authority to
20 develop, by rules and regulations, procedures to be taken to
21 assure the confidentiality of that information.
22 (2) Upon petition by any person, the office, after 30
23 days written notice to the affected parties, by a written
24 decision setting forth its reasons and signed by the
25 director, shall make a determination whether specific
26 information submitted to it is a marketing or trade secret
27 and whether it should or should not be publicly disclosed.
28 However, no information shall be considered a marketing or
29 trade secret if it has been knowingly revealed by the
30 industry supplying the information or if it is publicly
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1 available to any competitor of that industry.
2 (3) Any final decision of the State Energy Office may be
3 appealed by any person aggrieved thereby in accordance with
4 the provisions of 2 Pa.C.S. Ch. 5 Subch. A (relating to
5 practice and procedure of Commonwealth agencies) and 2
6 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of
7 Commonwealth agency action), known as the "Administrative
8 Agency Law," including the right to appeal agency decisions
9 to the Commonwealth Court.
10 (4) No employee, appointee or official of the State
11 Energy Office shall for his or her own personal gain or for
12 the gain of others, use any information obtained as a result
13 of service or employment with the Commonwealth and not
14 available to the public at large or divulge trade secrets in
15 advance of the time prescribed for its authorized release.
16 Officials, appointees or employees who fail to comply with
17 this subsection may be subjected to disciplinary action
18 including, but not limited to, reprimands, suspensions and
19 terminations.
20 (e) Reports from other energy industries.--The office, by
21 rule or regulation, and with the approval of the Energy Advisory
22 Council following at least one public hearing, may specify any
23 additional information it may need from energy industries other
24 than public utilities, as provided by subsection (b).
25 (f) Oath or affirmation.--All information submitted shall be
26 under oath or affirmation when required by the office.
27 (g) Annual report analyzing information.--The office shall
28 at least annually publish a report analyzing all energy
29 information collected, but shall not explicitly publish any
30 trade secret or publish any information which could have the
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1 effect of disclosing a trade secret.
2 (h) Subpoena.--
3 (1) the executive director, upon the occurrence of any
4 of the conditions specified in paragraph (2) and upon good
5 cause shown, may:
6 (i) petition the Commonwealth Court to issue a
7 subpoena for those periodic reports which the
8 Commonwealth Court finds the energy industry has failed
9 to provide;
10 (ii) petition the Commonwealth Court office to issue
11 a subpoena for those specific books and records which the
12 Commonwealth Court determines are required under this
13 act;
14 (2) the provisions of paragraph (1) shall apply whenever
15 any energy industry:
16 (i) has failed to provide the periodic reports of
17 energy information required under this section and
18 continues to refuse to provide such information for a
19 period of 30 days after written notice from the office;
20 (ii) has provided a periodic report of energy
21 information required under this section which the office
22 has reason to believe is inaccurate or incomplete, and
23 the energy industry refuses to provide the additional or
24 corrected information which the office believes is
25 required for a period of 30 days after written notice
26 from the office; or
27 (3) notwithstanding any provision in this subsection to
28 the contrary, whenever the Governor has declared a disaster
29 emergency pursuant to 35 Pa.C.S. Part V (relating to health
30 and safety), known as the "Emergency Management Service
19810H0241B0246 - 14 -
1 Code," the office may at any time during the emergency
2 petition the Commonwealth Court to issue any subpoena
3 provided for in this subsection.
4 (i) Penalty.--It shall be a summary offense for any
5 individual or any energy industry to fail to obey the command of
6 a subpoena issued by the office pursuant to subsection (g).
7 Section 502. Utilization of previously supplied information.
8 In order to avoid duplication of reporting by the energy
9 industry, the energy industry shall supply to the office any
10 information supplied to officers and agencies of the Federal
11 Government and of the Commonwealth and political subdivisions
12 thereof. Commonwealth officers and agencies and officers of
13 political subdivisions thereof shall cooperate with and supply
14 to the office such information as the office shall request.
15 Section 503. Energy management plan.
16 (a) General rule.--The office shall prepare and, after
17 public hearing, adopt within one year from the effective date of
18 this act an energy management plan for a period of ten years on
19 the production, distribution, consumption and conservation of
20 energy in this Commonwealth and shall deliver the plan and any
21 amendments thereto to the General Assembly.
22 (b) Contents, amendments and preparation.--The plan shall
23 include long-term objectives but shall provide for the interim
24 implementation of measures consistent with these objectives. The
25 plan shall also include energy and fuel supply projections,
26 energy and fuel supply locations and determination of the need
27 for and ways of attaining development of energy and fuel
28 supplies in a timely, efficient, ecological and economical
29 manner. The office may from time to time and after public
30 hearing amend the plan to maintain and keep the plan current. In
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1 preparing the plan or any portion thereof or amendment thereto
2 the office shall give due consideration to the energy needs and
3 supplies in the several geographic areas of this Commonwealth
4 and to the desirability of any industrial usage of energy
5 resources being self-sufficient of public utility service, and
6 shall hold a public hearing in not less than three different
7 parts of the Commonwealth each year for such purpose.
8 (c) Cooperation and compliance with other agencies and
9 Federal law.--The office shall consult and cooperate with any
10 Federal or Commonwealth agency having an interest in the
11 production, distribution, consumption or conservation of energy.
12 In the formulation of the energy management plan, the office
13 shall meet the requirements of the "Federal Energy Policy and
14 Conservation Act" (Public Law 94-163) and the "Energy
15 Conservation and Production Act" (Public Law 94-385) including
16 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 new buildings.
23 (4) Mandatory energy efficiency standards.
24 (5) Programs for energy conservation.
25 Section 504. Emergency energy allocation plan.
26 The office 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
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1 taken in the event of a disaster emergency as proclaimed by the
2 Governor pursuant to 35 Pa.C.S. Part V (relating to health and
3 safety), known as the "Emergency Management Service Code," and
4 further specifying what actions an energy industry and its
5 customers must have taken with regard to the use and
6 conservation of energy forms in order to be eligible for
7 assistance in the event of a disaster emergency as proclaimed by
8 the Governor. The office shall direct all Commonwealth agencies
9 to develop, subject to approval by the office, contingency plans
10 for dealing with these emergencies. In any event, those portions
11 of such emergency allocation plans or contingency plans
12 specifically pertaining to energy industries regulated by the
13 Public Utility Commission shall be initially prepared and
14 thereafter revised by the Public Utility Commission, at the
15 request of the office in such time period as the office shall
16 direct.
17 Section 505. Energy Advisory Council.
18 (a) Establishment.--There is hereby established the Energy
19 Advisory Council which shall provide a mechanism for citizen
20 participation in the overall development of State energy
21 policies and which shall on a continuing basis advise and assist
22 the energy office in the development and formulation of an
23 energy management plan.
24 (b) Composition.--
25 (1) The council shall be composed of 11 members seven of
26 whom shall be appointed by the Governor, of which one shall
27 be designated as chairman. Of those seven members, four shall
28 be appointed having expertise in the electric, coal, oil and
29 gas industries.
30 (2) Four of the members shall be members of the General
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1 Assembly. Two shall be members of the House of
2 Representatives, one from the majority party and one from the
3 minority party, to be appointed by the Speaker of the House
4 of Representatives. Two shall be members of the Senate, one
5 from the majority party and one from the minority party, to
6 be appointed by the President pro tempore.
7 (3) The public members shall serve for a term of five
8 years and no public member shall serve for more than three
9 full terms. Initial appointments of public members shall be
10 as follows: two members for a term of five years; two members
11 for a term of four years; one member for a term of three
12 years; one member for a term of two years; one member for a
13 term of one year. Terms of Legislators as members of the
14 council shall not extend beyond their term of membership in
15 the General Assembly. Public members who are State Government
16 officials at the time of their appointment shall serve at the
17 pleasure of the Governor. In any event, their service shall
18 terminate upon termination of their service as a State
19 Government official.
20 (c) Expenses.--The members of the council shall not receive
21 a salary but shall be reimbursed for all necessary expenses
22 incurred in the performance of their duties.
23 (d) Quorum.--Six or more members shall constitute a quorum.
24 The council shall meet at least once during each quarter of the
25 calendar year. The council may adopt bylaws governing its
26 proceedings.
27 Section 506. Duties of the council.
28 (a) Duties enumerated.--In addition to duties enumerated
29 elsewhere in this act, the duties of the council shall be:
30 (1) To review, evaluate and make recommendations
19810H0241B0246 - 18 -
1 regarding energy policies and programs to the director of the
2 office.
3 (2) To assist the office and advise the State in
4 carrying out the master energy plan as well as any other
5 energy conservation and development programs.
6 (3) To enlist the cooperation of civic and community
7 organizations, public utilities, industrial, commercial and
8 labor organizations and other identifiable groups in order to
9 develop and implement policies which further the purposes of
10 this act.
11 (4) To establish criteria for end-use priorities of
12 those energy forms supplied by the entities whose rates and
13 services are not regulated by the Public Utility Commission
14 or by a regulatory body which is a local agency under the
15 Local Agency Law 2 Pa.C.S. §§ 551 et seq. and 751 et seq.
16 when such priorities are to be included in any emergency plan
17 developed by the Pennsylvania Emergency Management Agency.
18 (5) To assist the office when requested and whenever
19 necessary in order to carry out the provisions of this act.
20 (b) Technical assistance.--In discharging its duties, the
21 council may utilize the director and staff of the office for
22 technical assistance.
23 CHAPTER 7
24 VIOLATIONS AND PENALTIES
25 Section 701. Actions for injunctive relief.
26 Upon a violation of this act or of any rules, regulations or
27 orders issued under this act, the office may institute a civil
28 action in the Commonwealth Court or in the court of common pleas
29 of the judicial district in which the violation occurs for
30 injunctive relief to restrain the violation and for such other
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1 relief as the court shall deem proper. Neither the institution
2 of this action nor any of the proceedings therein shall relieve
3 any party to the proceedings from other fines or penalties
4 prescribed for the violation by this act or by any rule,
5 regulation or order issued under this act.
6 Section 702. Civil penalties; failure to provide information.
7 Any person who fails to provide energy information when so
8 required by the office shall be liable for a civil penalty of
9 not more than $3,000 for each offense. If the violation is of a
10 continuing nature, each day during which it continues shall
11 constitute an additional and separate offense.
12 Section 703. Criminal penalties.
13 (a) Purchasers.--Any person purchasing or attempting to
14 purchase energy supplies in violation of any rules, regulations
15 or order issued hereunder commits a summary offense.
16 (b) Retail dealers.--Any retail dealer who violates any
17 rules, regulations or orders issued hereunder commits a summary
18 offense.
19 (c) Suppliers.--Any distributor of any other supplier of
20 energy who violates any rules, regulations or orders issued
21 hereunder commits a misdemeanor of the first degree.
22 Section 704. Recommending license suspension or revocation.
23 In addition to any other penalties provided under this act or
24 other statute, the office may recommend to the appropriate
25 agency the suspension or revocation of the license of any retail
26 dealer, gasoline jobber, wholesale dealer, distributor or
27 supplier of fuel who has violated this act or any rules,
28 regulations or orders issued under this act.
29 CHAPTER 9
30 TRANSITION AND EFFECTIVE DATE
19810H0241B0246 - 20 -
1 Section 901. Governor's Energy Council abolished.
2 (a) General rule.--The Governor's Energy Council is hereby
3 abolished and, except as otherwise provided by this act, all the
4 functions, powers and duties of the existing Governor's Energy
5 Council are hereby continued in the Pennsylvania State Energy
6 Office.
7 (b) Transfer of funds.--All appropriations, grants and other
8 moneys available to the Governor's Energy Council are hereby
9 transferred to the Pennsylvania State Energy Office created by
10 this act and shall remain available for the objects and purposes
11 for which appropriated, subject to any terms, restrictions,
12 limitations or other requirements imposed by Federal or State
13 law.
14 (c) Transfer of employees.--The employees of the Governor's
15 Energy Council are hereby transferred to the Pennsylvania State
16 Energy Office. Nothing in this act shall be construed to deprive
17 the employees of any rights or protections provided them by the
18 civil service, pension or retirement laws of this Commonwealth.
19 (d) Transfer of property.--All files, books, papers,
20 records, equipment and other property of the Governor's Energy
21 Council are hereby transferred to the Pennsylvania State Energy
22 Office.
23 (e) Existing rules, regulations and orders.--The rules,
24 regulations and orders of the Governor's Energy Council shall
25 continue with full force and effect as the rules, regulations
26 and orders of the Pennsylvania State Energy Office until further
27 amended or repealed.
28 (f) Construction of references.--Whenever in any law, rule,
29 regulation, order, contract, document, judicial or
30 administrative proceedings, or otherwise, reference is made to
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1 the Governor's Energy Council, the reference shall be considered
2 to mean and refer to the Pennsylvania State Energy Office.
3 Section 902. Expiration of Pennsylvania State Energy Office.
4 (a) General rule.--Except as provided in subsection (b),
5 this act and the Pennsylvania State Energy Office shall expire
6 on June 30, 1985.
7 (b) Extension by General Assembly.--The General Assembly by
8 concurrent resolution adopted prior to the then current
9 expiration date, may extend the date of expiration for such
10 additional period and for as many times as the General Assembly
11 determines.
12 Section 903. Effective date.
13 This act shall take effect in 60 days.
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