WILLIAM DONALD SCHAEFER, Governor Ch. 311
(3) The estimated State set-aside volume for
distribution in the State during the following month by set-aside
product.
[11-205.] 7-205.
(a) Each prime supplier shall designate a representative
with full authority to act on behalf of the prime supplier with
respect to State set-aside applications and assignments. The
Department shall to the maximum extent feasible consult with a
prime supplier's representative prior to issuing any authorizing
document affecting the amount of State set-aside product to be
provided by the prime supplier.
(b) Any person engaged in the activities specified in
Section [11-203] 7-203 of this subtitle (relating to priority
activities during an energy emergency) may request an assignment
during an energy emergency by completing an application on a form
to be provided by the Department. Upon approval, the Department
shall issue an assignment to the applicant, with a copy to the
designated representative of the prime supplier assigned by the
Department to the applicant. An assignment is effective upon
issuance, and represents an encumbrance on the prime supplier's
set-aside volumes for the month of issuance regardless of the
actual date of delivery of the product to the applicant.
(c) An assignment shall expire automatically unless
presented by the applicant to a supplier within 10 days of
issuance. Upon presentation of an assignment, a supplier 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.] 7-206.
(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.
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