Ch. 5

2003 LAWS OF MARYLAND

(2) TO THE MAXIMUM EXTENT FEASIBLE, THE ADMINISTRATION SHALL
CONSULT WITH THE REPRESENTATIVE OF A PRIME SUPPLIER BEFORE ISSUING AN
ASSIGNMENT THAT AFFECTS THE AMOUNT OF STATE SET-ASIDE PRODUCT TO BE
SUPPLIED BY THE PRIME SUPPLIER.

(B)     APPLICATION FOR AND ISSUANCE OF ASSIGNMENT.

(1)      DURING AN ENERGY EMERGENCY A PERSON ENGAGED IN AN
ACTIVITY SPECIFIED IN § 14-504 OF THIS SUBTITLE MAY REQUEST AN ASSIGNMENT
BY SUBMITTING AN APPLICATION ON THE FORM THAT THE ADMINISTRATION
PROVIDES.

(2)      ON APPROVAL OF THE APPLICATION, THE ADMINISTRATION SHALL:

(I)      ISSUE AN ASSIGNMENT TO THE APPLICANT; AND

(II)     PROVIDE A COPY OF THE ASSIGNMENT TO THE DESIGNATED
REPRESENTATIVE OF THE PRIME SUPPLIER.

(3)      AN ASSIGNMENT IS EFFECTIVE ON ISSUANCE AND CONSTITUTES AN
ENCUMBRANCE ON THE PRIME SUPPLIER'S STATE SET-ASIDE VOLUMES FOR THE
MONTH OF ISSUANCE REGARDLESS OF THE ACTUAL DATE OF DELIVERY OF THE
STATE SET-ASIDE PRODUCT TO THE APPLICANT.

(C)     EXPIRATION; SUPPLIER'S DUTY.

(1)      AN ASSIGNMENT EXPIRES AUTOMATICALLY UNLESS THE APPLICANT
PRESENTS IT TO A SUPPLIER WITHIN 10 DAYS AFTER ISSUANCE.

(2)      ON PRESENTATION OF AN ASSIGNMENT, THE SUPPLIER SHALL
SUPPLY TO THE APPLICANT THE ASSIGNED AMOUNT OF THE STATE SET-ASIDE
PRODUCT.

(3)      A DESIGNATED WHOLESALE PURCHASER-RESELLER OF A PRIME
SUPPLIER:

(I)      SHALL HONOR ASSIGNMENTS ON PRESENTATION; AND

(II)     MAY NOT DELAY DELIVERY WHILE CONFIRMING THE
ASSIGNMENT WITH THE PRIME SUPPLIER.

(D)     REPLACING STATE SET-ASIDE PRODUCT.

(1)      IF A SUPPLIER OTHER THAN A PRIME SUPPLIER SUPPLIES A STATE
SET-ASIDE PRODUCT IN ACCORDANCE WITH AN ASSIGNMENT, THE SUPPLIER SHALL
IN TURN RECEIVE FROM ITS SUPPLIER AN EQUIVALENT VOLUME OF THE STATE
SET-ASIDE PRODUCT.

(2)      THE VOLUME OF A STATE SET-ASIDE PRODUCT RECEIVED BY A
SUPPLIER FROM ITS SUPPLIER UNDER PARAGRAPH (1) OF THIS SUBSECTION MAY
NOT BE CONSIDERED PART OF THE ALLOCATION THAT WOULD OTHERWISE HAVE
BEEN SUPPLIED TO THE SUPPLIER DURING THE SAME PERIOD.

(E)     SUPPLY TO WHOLESALE PURCHASER-RESELLER

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