§ 113B-9. Emergency Energy Program; components. - North Carolina Statutes

§ 113B‑9. Emergency Energy Program; components.

(a)        The Energy Policy Council shall, in accordance with theprovisions of this Article, develop contingency and emergency plans to dealwith possible shortages of energy to protect public health, safety and welfare,such plans to be compiled into an Emergency Energy Program.

(b)        Within four months of July 1, 1975:

(1)        Each electric utility and natural gas utility in the Stateshall prepare and submit to the Energy Policy Council a proposed emergencycurtailment plan setting forth proposals for identifying priority loads orusers in the event of the declaration of an energy crisis pursuant to G.S. 113B‑20,and proposals for supply allocation to such priority loads or users.

(2)        Each major oil producer doing business in this State asdetermined by the Energy Policy Council shall prepare and submit to the EnergyPolicy Council an analysis of how any national supply curtailment pursuant tofederal regulations shall affect the supply for North Carolina and how priorityusers will be determined and available supplies allocated to such users.

(c)        The Energy Policy Council shall encourage the preparationof  joint emergency curtailment plans and analyses. If such cooperative plansand analyses are developed between two or more utilities, major producers or byan association of such companies, the joint plans or analyses may be submittedto the Energy Policy Council in lieu of information required pursuant tosubsection (b) of this section.

(d)        The Energy Policy Council shall collect from all relevantgovernmental agencies any existing contingency plans for dealing with  suddenenergy shortages or information related thereto.

(e)        The Energy Policy Council shall hold one or more publichearings, investigate and review the plans submitted pursuant to this section,and, within nine months after July 1, 1975, the Energy Policy Council shallapprove and recommend to the Governor guidelines for emergency curtailment tobe known as the Emergency Energy Program and to be implemented upon adoption bythe Governor after the declaration of an energy crisis and pursuant to G.S.113B‑20 and 113B‑23. Said program shall be based upon the planspresented to the Energy Policy Council, upon independent analysis and study bythe Council, and upon information provided at the hearing or hearings,provided, however, that they are consistent with such federal programs andregulations as are already in effect at that time.

(f)         The Emergency Energy Program shall provide for themaintenance of essential services, the protection of public health, safety, andwelfare, and the maintenance of a sound basic State economy. Provisions alsoshall be made in said program to differentiate curtailment of energyconsumption by users on the basis of ability to accommodate such curtailments,and shall also include, but not be limited to, the following:

(1)        A variety of strategies and staged conservation measures ofincreasing intensity and authority to reduce energy use during an energycrisis, as defined in G.S. 113B‑20 and guidelines and criteria forallocation of energy sources to priority users. The program shall containalternative conservation actions and allocation plans to reasonably meet various foreseeable shortage circumstances and to allow a choice of appropriateresponses;

(2)        Evidence that the program is consistent with requirements offederal emergency energy conservation and allocation laws and regulations;

(3)        Proposals to assist such individuals, institutions,agriculture and businesses which have engaged in energy saving measures;

(4)        Repealed by Session Laws 1981, c. 701, s. 3.

(g)        The Energy Policy Council shall carry out suchinvestigations and studies as are necessary to determine if and whenpotentially serious shortages of energy are likely to affect North Carolina andthe Council shall make recommendations to the Governor concerningadministrative and legislative actions required to avert such shortages, suchrecommendations to be included as a section of the Emergency Energy Program.

(h)        In addition to the above information and recommendations,the program shall contain proposals for implementation of such recommendationswhich include procedures, rules and regulations and agency administrativeresponsibilities for implementation, and shall further contain procedures forfair and equitable review of complaints and requests for special exemptionsfrom emergency conservation measures or emergency allocations. Upon completionof a draft recommended plan, the Council shall arrange for its distribution tointerested parties and shall make such plan available to the public and theCouncil further shall set a date for public hearing on said plan.

(i)         Upon completion of the Emergency Energy Allocation Program,the Council and the Governor shall follow the procedures as outlined in G.S.113B‑7(e) and (f).

(j)         The Council shall update said program upon a finding by itthat an update is justified and shall follow the procedures for adoptionpursuant to G.S. 113B‑7(e) and (f).

(k)        The Governor shall have the authority to accept, administerand enforce federal programs, program measures and permissive delegations ofauthority delegated to the Governor by the President of the United States,Congress, or the United States Department of Energy, on behalf of the State ofNorth Carolina, which pertain to actions necessary to deal with an actual orimpending energy shortage. (1975, c. 877, s. 4; 1979, c. 514, s. 2; 1981; c. 701, s. 3.)