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PENNSYLVANIA STATUTES
TITLE 71. STATE GOVERNMENT
I. THE ADMINISTRATIVE CODES AND RELATED PROVISIONS
CHAPTER 2. THE ADMINISTRATIVE CODE OF 1929
ARTICLE XXVIII-C. ENERGY DEVELOPMENT AUTHORITY AND EMERGENCY POWERS
Date:
08/31/2009
Document:
§ 720.2. (Adm. Code § 2802-C). Emergency petroleum product shortages
(a) The governor may, by executive order, proclaim a state of emergency based upon a finding that there impends or exists a substantial shortage of petroleum products available for use in Pennsylvania which poses a serious threat to health, safety or welfare of the public. A state of energy emergency shall remain in effect for the maximum period of ninety days and may be extended by the Governor unless the extension is disapproved by concurrent resolution adopted by both Houses of the General Assembly. A state of emergency may be declared for all or any portion of the Commonwealth.
(b) Upon proclamation of a state of emergency, the Governor shall designate a State agency to conduct emergency allocation measures during the period of the declared emergency. Emergency allocation measures may consist of:
(1) the administration of any emergency allocation powers delegated to
the State by the President or any Federal agency;
(2) the implementation of a set aside program, for not more than one
per centum (1%) of the petroleum products available for use in
Pennsylvania, to alleviate hardship or meet emergency needs. A set
aside program shall be established in conformity with any Federal law,
regulations or executive orders governing petroleum allocation, and
shall apply only to petroleum products found to be in a substantial
shortage;
(3) measures to reduce the demand for or consumption of gasoline; and
(4) other measures identified by the Governor in his executive order
proclaiming a state of emergency as necessary to protect the public
health, safety and welfare.
(c) The agency designated by the Governor to conduct emergency measures may, during the period of the emergency, adopt rules and regulations pursuant to section 204 of the act of July 31, 1968 (P.L. 769, No. 240), referred to as the Commonwealth Documents Law. Any regulation adopted during a state of emergency shall be automatically rescinded upon the expiration of the emergency.
(d) The Governor may designate a state agency to monitor supplies of petroleum products available for use in the Commonwealth to determine whether there exists, or is likely to exist, an emergency shortage.
(1) In order to monitor supplies of petroleum products, the agency may
require recordkeeping and periodic reports from petroleum suppliers.
These reporting and recordkeeping requirements shall, to the maximum
extent possible, employ Federally mandated reports and records, avoid
any unnecessary duplicative reporting or recordkeeping, and minimize
paperwork, recordkeeping and reporting requirements.
(2) Reports filed and records maintained pursuant to this subsection
shall be deemed confidential.
(3) When a petroleum supplier or a company providing information to a
petroleum supplier claims that the information requested by the agency
is confidential, proprietary, market or trade secret information, or
when the information is deemed confidential pursuant to this section,
the agency shall not disclose such information publicly or to any other
governmental agency unless the information is aggregated as part of a
statistical report in which the date and individual companies supplying
the data cannot be identified.
(4) No employe or appointee of the agency or other person may release
information from a petroleum product company that would enable data
provided by or relating to individual customers of the petroleum
company to be identified as relating to or coming from the individual
customer. Any person disclosing such information in violation of this
section shall be guilty of a misdemeanor, shall be subject to
disciplinary action, including reprimand, suspension or termination,
and may be ordered to make restitution to any injured or aggrieved
party for losses or damages shown.
(5) In order to obtain information required pursuant to this
subsection, the agency designated by the Governor to monitor supplies
of petroleum products may receive or share information from any other
Commonwealth, Federal or local agency: Provided, That the agency shall
provide the same confidentiality to information recovered as is
provided by the supplying agency.
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