Section 66-A. Conservation of gas, declaration of policy, delegation of power  


Latest version.
  • 1. It is hereby declared to be the policy  of  this  state  that
      when  there  develops  in  any  area  a  situation  under  which  a  gas
      corporation supplying gas to such area is unable to meet the  reasonable
      needs  of  its consumers and of persons or corporations applying for new
      or additional  gas  service,  the  available  supply  of  gas  shall  be
      allocated among the customers of such gas corporation, in such manner as
      may  be necessary to protect public health and safety and to avoid undue
      hardship, pursuant to rules and regulations as may  be  adopted  by  the
      commission,  and that to carry out this declared policy the jurisdiction
      of the public service commission should be clarified.
        2. Notwithstanding the provisions of any statute or any franchise held
      by a gas corporation, the commission shall have power, upon the  finding
      that  there exists such a shortage of gas in any area in the state, that
      the gas corporation supplying such area is unable and will be unable  to
      secure  or  produce  sufficient  gas to meet the reasonable needs of its
      customers and of persons or corporations applying for new or  additional
      gas  service, to require such corporation to immediately discontinue the
      supplying of gas to additional  customers  or  of  supplying  additional
      service  to  present  customers,  for such purpose or purposes as may be
      designated by the commission, or to customers using gas  for  a  purpose
      prohibited  by  the  commission  pursuant to this act, and that upon the
      finding that the supply of gas available is and will be insufficient  to
      supply  the  demands of all consumers receiving service, to require such
      gas corporation to curtail or discontinue service to any or all  classes
      of  customers  of  such gas corporation. In imposing such a direction or
      requirement, the commission shall give consideration first  to  existing
      domestic  uses  and  uses  deemed  to  be necessary by the commission to
      protect public health and safety and to avoid undue hardship  and  shall
      be  limited  to  the  period  of  the  emergency  provided  that the gas
      corporation  affected  shall  make  such  restriction,   curtailing   or
      discontinuance  applicable to all customers or applicants for service in
      a like class. If the commission determines that good  cause  exists  for
      supplying  service  to  additional customers or for supplying additional
      service to some existing customers, notwithstanding the  curtailment  or
      discontinuance  of service to other existing customers, it shall, to the
      extent feasible, allocate gas with equal priority to new  or  additional
      domestic  uses  of  gas  and  commercial  or  industrial processes which
      require gas because there is no practical  substitute  for  it  in  such
      proportion as the commission determines to be reasonable.  Provided that
      the  commission  shall  be permitted, after public hearing, to authorize
      any natural gas produced from lands under the waters of Lake Erie to  be
      used for process or feedstock requirements. The commission is authorized
      to  adopt  such  rules,  regulations  and  orders  as  are  necessary or
      appropriate to carry out these delegated powers.
        3. In carrying out the delegated powers provided for in this  section,
      the commission shall, to the extent practicable, determine and establish
      gas  conservation  measures  or  standards.  The  commission may require
      compliance with such measures or standards as a condition  of  receiving
      service.