N.Y. Comp. Codes R. & Regs. tit. 9 § 3.46

Current through Register Vol. 46, No. 16, April 17, 2024

Section 3.46 - Executive Order No. 46: [Declaring an energy and fuel supply emergency.]

WHEREAS, the Legislature has granted to the Governor certain emergency powers which may be exercised upon a finding by the Governor that there exists or impends an energy or fuel supply shortage of a dimension which endangers the public health or safety; and

WHEREAS, it is clear that there exists a national and local exigency with respect to the availability of natural gas, brought about by unusually severe weather conditions throughout the country; and

WHEREAS, I am informed that supplies of natural gas to New York State have been curtailed and that further supply reductions will likely occur; and

WHEREAS, I am informed that due to interstate curtailments it has been necessary to interrupt service to industrial, commercial and educational institutions in certain parts of New York State; and

WHEREAS, I am informed that it is likely that the current shortages of natural gas may be further aggravated in the foreseeable future, and that unless the consumption of natural gas is reduced the public health and safety could be threatened; and

WHEREAS, I am informed that it is imperative that steps be taken to ensure that domestic and other essential needs be met, that jobs be preserved to the greatest extent practicable, that undue hardships be avoided, and that the public health and safety be protected;

NOW, THEREFORE, I, Hugh L. Carey, Governor of the State of New York, do hereby find and declare an energy and fuel supply emergency with respect to natural gas and do invoke the emergency powers granted by the Constitution and Laws of the State of New York and direct the Acting Commissioner of the Energy Office to exercise the functions, powers and duties granted pursuant to law in order to preserve the public health and safety. In performing his responsibilities pursuant to this Order the Acting Commissioner shall:

(1) give priority to natural gas uses essential to public health and safety, including shelter and other essential human needs, industrial employment uses and the maintenance of educational institutions, and shall thereafter attempt to allocate the remaining supply equitably and in a manner designed to avoid undue hardship;

(2) consult with the Chairman of the Public Service Commission in the implementation of this order and, if necessary, delegate to the Chairman any responsibilities as are conferred by this Order.

The Chairman of the Public Service Commission shall continue to exercise his legal powers to require his approval prior to curtailment of service to any customers by a utility company.

Such declaration of emergency shall remain in effect for a period of six months from the date hereof unless sooner terminated by order of the Governor or continued in effect pursuant to law.

Signed: Hugh L. Carey

Dated: January 27, 1977

N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.46