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NEW YORK CODES, RULES AND REGULATIONS
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE BB. STATE ENERGY OFFICE
CHAPTER IV. FUEL ALLOCATION AND ENERGY EMERGENCY PROCEDURES
SUBCHAPTER D. STANDBY STATE FUEL SET-ASIDE PROGRAM
PART 7901. APPLICATION AND ASS
Date:
08/31/2009
Document:
ยง 7901.7 Criteria
In evaluating an application, a County Energy Coordinator or the State Energy Office shall consider the following criteria:
(a) whether the information presented in the application is complete and can be verified through information obtained from a prime supplier or wholesale purchaser-reseller supplying the applicant, or other sources;
(b) whether information presented in the application, or obtained from other sources, concerning differences between the applicant's prior and current supply of and demand for the fuel requested, demonstrates that the applicant has, or end-users served by the applicant have, a genuine hardship or emergency requirement within the State;
(c) whether information presented by the application, or obtained from other sources, demonstrates that issuance of the requested assignment would meet one or more of the following public purposes:
(1) protection of public health, safety and welfare;
(2) maintenance of public services;
(3) maintenance of agricultural operations;
(4) equitable distribution of State set-aside fuels among all regions and areas of the State and sectors of the liquid fossil fuels industry; provided, however, that the State Energy Office may require inequitable distribution to the extent necessary to respond to shortages in particular areas of the State; and
(5) economic efficiency;
(d) whether sufficient set-aside product is available to satisfy all applications for assignment of a particular prime supplier's product; if not, whether the severity of the applicant's hardship or emergency requirement, and the importance of any public purpose to be served by an assignment, are greater, equal or lesser in comparison to the requirements and purposes of other applications for the same prime supplier's product. In making such determinations, assignments to end-users shall receive priority over any assignments to wholesalers purchaser-resellers;
(e) whether information presented by the application, or obtained from other sources, demonstrates that the requested assignment would help to prevent or alleviate an area shortage (for example, information concerning the closing of nearby wholesale purchaser-resellers, supply problems affecting such resellers, or unusual demand caused by special events, seasonal activities, weather or disaster);
(f) whether the requested assignment would be likely to be effective to prevent or alleviate the applicant's hardship or emergency requirement (factors tending to show that an assignment would not be likely to be effective include, for example, a billing or other dispute between a prime supplier or wholesale purchaser-reseller and the applicant, the inadequate capacity or poor condition of the applicant's storage facilities, and conditions disrupting deliveries such as bad weather, road construction or a strike);
(g) if sufficient set-aside product is not available to satisfy all applications for assignment of a particular supplier's product, and the applicant's hardship or emergency requirement is unusually severe, whether issuance of a cross-brand assignment from another supplier's set-aside, and authorization to make cross-brand sales, notwithstanding the general provisions of General Business Law, Section 391-a, is justified;
(h) the length of time for which an assignment is necessary (assignments shall be only for the period necessary to resolve the hardship or emergency); and
(i) if issuance of a requested assignment is considered advisable, what volume would be appropriate to assign considering the criteria set forth in subdivisions (a) through (h) of this section and:
(1) the difference in volume between prior deliveries received and current deliveries being received;
(2) the volume requested by, and minimum volume needed by, the applicant;
(3) if the applicant is a wholesale purchaser-reseller, the applicant's average volume of daily sales;
(4) the capacity of the applicant's storage facilities, and the volume of a normal delivery to the applicant;
(5) the dates and volumes of any future deliveries scheduled to be made to the applicant; and
(6) the number of days remaining in the month.
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