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This entry was published on 2014-09-22
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Conservation of gas, declaration of policy, delegation of power
Public Service (PBS) CHAPTER 48, ARTICLE 4
§ 66-a. Conservation of gas, declaration of policy, delegation of
power. 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