Section 0400-60-01-.03 - DEFINITIONS(1) "Agriculture production" means commercial farming, fishing, dairy, poultry and livestock production, and the services directly related to the planting, cultivation, harvesting, processing, and distribution of fiber, and food intended for human consumption and animal feed.(2) "Assignment" means an action taken by the Office of Energy Programs directing a prime supplier of petroleum products to transfer the designated products to an authorized purchaser, wholesale purchaser-consumer or wholesale purchaser-reseller.(3) "Base period" means the corresponding month's purchases from the previous calendar year.(4) "Commissioner" means the Commissioner of the Tennessee Department of Environment and Conservation.(5) "Current requirements" means the supply of an allocated product needed by a wholesale purchaser-consumer or wholesale purchaser-reseller to meet its present supply requirements for a particular use of that product.(6) "Emergency services" means law enforcement, firefighting, and emergency medical services, and the Tennessee Emergency Management Agency.(7) "End-user" means any firm which is an ultimate consumer of a petroleum product, other than a wholesale purchaser-consumer.(8) "Energy production" means the manufacturing, processing, storage, or transportation of primary energy sources, including electricity, natural gas, or petroleum products. Excluded from this definition is electrical generation, whose power source is petroleum-based.(9) "Extreme emergency" means an energy situation in which the Office of Energy Programs finds that the public health, safety or welfare is in danger or would be seriously impacted by loss of supply.(10) "Firm" means any business association, company, corporation, estate, joint-venture, partnership, or sole proprietorship or any other legal entity, other than an individual, including, but not limited to, charitable and education institutions, and all federal, state and local governmental subdivisions.(11) "Middle distillate" means any derivatives of petroleum obtained in the range of kerosene to lubrication oil in the refining process, including kerosene, home heating oil, range oil, stove oil, and diesel fuel.(12) "Motor gasoline" means any of the various grades of motor gasoline (premium, regular, or unleaded, including gasoline/alcohol mixtures, such as gasohol) which are a volatile flammable liquid hydrocarbon mixture, such as a fuel especially for internal combustion engines.(13) "Passenger transportation services" means public and privately-owned facilities and vehicles, including water and rail, for carrying passengers.(14) "Petroleum products" means propane, gasoline, unleaded gasoline, gasohol, kerosene, #2 heating oil, diesel fuel, kerosene base jet fuel, aviation gasoline, Bunker C fuel oil, and #4, #5, and #6 residual oil for utility and non-utility uses.(15) "Prime supplier" means the supplier which makes the first sale of any petroleum products into the state distribution system for consumption within the state.(16) "Purchaser" means a wholesale purchaser, an end-user, or both.(17) "Retailer" means a firm that sells petroleum or petroleum products to the general public for direct consumption.(18) "Sanitation services" means the collection and disposal of solid wastes for the benefit of the general public, whether by public or private entities, and the maintenance, operation, and repair of liquid purification and waste facilities during emergency conditions; also the provision of water supply services by public utilities, whether privately or publicly owned or operated.(19) "Set-aside" means a set percentage of petroleum products to be allocated from a prime supplier by the Office of Energy Programs.(20) "Supplier" means any firm which presently supplies, sells, transfers or otherwise furnishes, as by consignment, any petroleum product to wholesale purchasers or end-users, including but not limited to, a refiner, importer, reseller, jobber or retailer.(21) "Telecommunication services" means the operation, repair, and maintenance of voice, data, telegraph, video, and similar communications common carriers during periods of substantial disruption of normal service, excluding sales and administrative activities.(22) "Total supply" means the sum of petroleum products a prime supplier will make available for distribution to the state of Tennessee in a given month.(23) "Wholesale purchaser" means a wholesale purchaser-reseller or wholesale purchaser-consumer, or both.(24) "Wholesale purchaser-consumer" means any firm that is an ultimate consumer which, as part of its normal business practices, purchases or obtains a petroleum product from a supplier and receives delivery of that product into a storage tank substantially under the control of that firm at a fixed location.(25) "Wholesale purchaser-reseller" means a firm who purchases, receives through transfer or otherwise obtains such as by consignment petroleum products, and who resells or otherwise transfers its product to purchasers without substantially changing its form, excluding retailers.Tenn. Comp. R. & Regs. 0400-60-01-.03
Original rules filed January 17, 2017; effective 4/17/2017. Rule renumbered from 0500-03-01.Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam's Executive Order Number 25.