Ch. 5

2003 LAWS OF MARYLAND

(1)      IS NOT SUBJECT TO THE ADMINISTRATIVE PROCEDURE ACT; AND

(2)      SHALL BE RESOLVED INFORMALLY, EXPEDITIOUSLY, AND
INEXPENSIVELY.

(C) DECISION OF DIRECTOR FINAL.

THE DECISION OF THE DIRECTOR IS THE FINAL AGENCY DECISION FOR
PURPOSES OF JUDICIAL REVIEW.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 10-806.

Defined terms: "Administration" § 14-501
"Assignment" § 14-501
"Director" § 14-501
"Supplier" § 14-501

14-508. RELEASE OF PRIME SUPPLIER'S STATE SET-ASIDE VOLUME.

(A)      IN GENERAL.

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

(B)      RELEASE INTO DESIGNATED AREA DURING ENERGY EMERGENCY.

(1)      DURING AN ENERGY EMERGENCY, THE GOVERNOR BY EXECUTIVE
ORDER MAY DESIGNATE CERTAIN GEOGRAPHIC AREAS IN THE STATE AS SUFFERING
FROM AN INTRASTATE SUPPLY IMBALANCE.

(2)      AT ANY TIME DURING AN ENERGY EMERGENCY, THE
ADMINISTRATION BY WRITTEN ORDER MAY REQUIRE A PRIME SUPPLIER TO
RELEASE ALL OR PART OF ITS STATE SET-ASIDE VOLUME INTO AN AREA
DESIGNATED UNDER PARAGRAPH (1) OF THIS SUBSECTION THROUGH ITS NORMAL
DISTRIBUTION SYSTEM.

(3)      AN ORDER ISSUED UNDER PARAGRAPH (2) OF THIS SUBSECTION:

(I)       IS EFFECTIVE IMMEDIATELY ON RECEIPT BY THE DESIGNATED
REPRESENTATIVE OF THE PRIME SUPPLIER; AND

(II)     CONSTITUTES AN ENCUMBRANCE ON THE PRIME SUPPLIER'S
STATE SET-ASIDE VOLUME FOR THE MONTH OF ISSUANCE REGARDLESS OF THE
ACTUAL DATE OF DELIVERY OF THE STATE SET-ASIDE PRODUCT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 10-807.

In subsection (b)(2) of this section, the phrase "during an energy
emergency" is added for clarity.

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