Section 0400-60-01-.10 - GEOGRAPHICAL AREA RELEASE(1) The Office of Energy Programs may designate certain geographical areas within the state as suffering from a supply imbalance. At any time during the month the Office of Energy Programs may order a prime supplier to release all or part of the prime supplier's set-aside volume through the prime supplier's normal distribution systems to the designated areas. Such a release is intended to increase the volume of petroleum products available to the motoring public through the retailers located within the geographical area.(2) Any area is eligible to apply to the Office of Energy Programs for a geographical area release if circumstances of an unusual or abnormal nature have contributed to supply imbalance.(3) The chief executive officer of the county shall certify the geographical area shortage to the Office of Energy Programs through a written certification signed by the same and must contain the following minimum information:(a) A statement detailing the abnormal or unusual circumstances and the actual or projected effect upon the people of the area.(b) A definition of the size and boundaries of the geographical area, and the number of people in the area.(c) A detailing of the fuel shortage demand/restraint and supply/management measures being practiced in the area.(d) The number of retail stations, a list of the brands of gasoline, and the minimum amount of gasoline by brand estimates to be necessary to supply the area with gasoline through the last day of the month.(e) A sworn statement containing an affirmation that all the information given is true and accurate; the relief will be used for the purpose described, and the nature of the gasoline conservation measures being practiced in the geographical area.(4) In extreme emergencies the certification process may be initiated orally and the written information provided within five (5) days. No further geographical area releases will be approved for an oral applicant until all prior oral applications by the same entity have been documented by acceptable written application.(5) If the request for geographical area release is approved, a confirming correspondence shall be sent to the county executive and to suppliers with retail outlets in the area. The correspondence will direct the release of specified amounts of petroleum products through the supplier's normal distribution system in that area.(6) In making a determination on a request for geographical area release, the Office of Energy Programs shall consider the following criteria:(a) Number of retail stations in the area, and the quantity of fuel products available.(b) Approximate number of persons residing in the area.(c) The nature and effect of the unusual or abnormal circumstances causing the supply imbalance.(d) The extent to which fuel shortage demand/restraint and supply/management measures are being practiced in the area.Tenn. Comp. R. & Regs. 0400-60-01-.10
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.