2788

LAWS OF MARYLAND

Ch. 364

SHALL PROVIDE THE ASSIGNED AMOUNT OF A SET-ASIDE PRODUCT TO
THE APPLICANT. A DESIGNATED WHOLESALE PURCHASER-RESELLER OF
A PRIME SUPPLIER SHALL HONOR ASSIGNMENTS UPON PRESENTATION,
AND SHALL NOT DELAY DELIVERY WHILE CONFIRMING SUCH ACTION
WITH THE PRIME SUPPLIER.

(D)  ANY SUPPLIER, OTHER THAN A PRIME SUPPLIER, WHICH
PROVIDES SET-ASIDE PRODUCT PURSUANT TO AN ASSIGNMENT SHALL
IN TURN RECEIVE FROM ITS SUPPLIER AN EQUIVALENT VOLUME OF
THE SET-ASIDE PRODUCT, WHICH VOLUME SHALL NOT BE CONSIDERED
PART OF THE ALLOCATION WHICH WOULD OTHERWISE HAVE BEEN
PROVIDED TO THE SUPPLIER DURING THE SAME PERIOD.

(E)  THE DEPARTMENT MAY DIRECT THAT A WHOLESALE
PURCHASER-RESELLER BE SUPPLIED FROM THE STATE SET-ASIDE IN
ORDER THAT THE WHOLESALE PURCHASER-RESELLER CAN SUPPLY
SPECIFIED INDIVIDUAL CONSUMERS WHO WOULD OTHERWISE BE
ELIGIBLE FOR AN ASSIGNMENT UNDER THIS SUBTITLE.

11-206.

(A)  ANY DECISION ON AN APPLICATION FOR AN ASSIGNMENT
OF A STATE SET-ASIDE PRODUCT BY THE DEPARTMENT MAY BE
APPEALED BY THE APPLICANT OR BY A SUPPLIER TO THE SECRETARY.

(B)  PROCEEDINGS INVOLVING APPEALS ARISING UNDER THIS
SECTION SHALL BE CONDUCTED PURSUANT TO REGULATIONS ADOPTED
BY THE DEPARTMENT. THESE REGULATIONS NEED NOT CONFORM TO
THE ADMINISTRATIVE PROCEDURE ACT, AND SHALL PROVIDE FOR
INFORMAL, EXPEDITIOUS, AND INEXPENSIVE RESOLUTION
RESOLUTIONS OF APPEALS.

(C)  THE DECISION OF THE SECRETARY SHALL BE THE FINAL
AGENCY DECISION FOR PURPOSES OF JUDICIAL REVIEW, AND THE
BOARD OF REVIEW OF THE DEPARTMENT OF NATURAL RESOURCES DOES
NOT HAVE JURISDICTION OVER ANY PROCEEDING ARISING UNDER THIS
SECTION.

11-207.

(A)  THE DEPARTMENT MAY ALLOW THE RELEASE OF PART OR
ALL OF A PRIME SUPPLIER'S STATE SET-ASIDE VOLUME INTO THE
PRIME SUPPLIER'S NORMAL STATEWIDE DISTRIBUTION SYSTEM.

(B)  DURING AN ENERGY EMERGENCY, THE GOVERNOR MAY
DESIGNATE BY EXECUTIVE ORDER CERTAIN GEOGRAPHICAL AREAS
WITHIN THE STATE AS SUFFERING FROM AN INTRASTATE SUPPLY
IMBALANCE. AT ANY TIME THE DEPARTMENT MAY ISSUE AN ORDER
REQUIRING ANY PRIME SUPPLIER TO RELEASE PART OR ALL OF ITS
STATE SET-ASIDE VOLUME INTO SUCH A DESIGNATED AREA THROUGH
ITS NORMAL DISTRIBUTION SYSTEM. SUCH ORDERS SHALL BE IN
WRITING AND EFFECTIVE IMMEDIATELY UPON RECEIPT BY THE PRIME
SUPPLIER'S DESIGNATED REPRESENTATIVE AND SHALL REPRESENT AN
ENCUMBRANCE ON THE PRIME SUPPLIER'S STATE SET-ASIDE VOLUME
FOR THE MONTH OF ISSUANCE REGARDLESS OF THE ACTUAL DATE OF
PRODUCT DELIVERY.