2011 Connecticut Code
Title 16a Planning and Energy Policy
Chapter 295 Energy Planning
Sec. 16a-13. Aggrieved parties. Petition for exemption. Penalty for false statement. Exemptions. Appeal. Regulations.

      Sec. 16a-13. Aggrieved parties. Petition for exemption. Penalty for false statement. Exemptions. Appeal. Regulations. (a)(1) Any person aggrieved by any order issued under section 16a-11 or 16a-12 may file a petition with the secretary requesting an exemption. The petition shall be in such form as the secretary may prescribe. The person filing the petition shall be subject to the penalty for making a false statement under section 53a-157b.

      (2) The secretary may grant an exemption to any person who due to certain circumstances is unable to comply with such order without suffering inordinate hardship beyond that hardship suffered by persons generally, including, but not limited to, circumstances where in the absence of such exemption the petitioner would: (A) Be prevented from performing activities essential to the pursuit of his regular occupation or profession, (B) suffer adverse medical effects or be unable to obtain necessary medical treatment, or (C) incur permanent and substantial injury to person or property. The secretary may also grant an exemption to any person who performs an essential public service and who would be prevented from performing such service or would be impaired in his performance in the absence of such exemption.

      (3) In making a determination pursuant to this subsection, the secretary may compare the relevant circumstances of the petitioner with (A) other users of the same fuel, users of other fuels, or both, or (B) other persons in the same economic sector or subsector, persons in other economic sectors or subsectors, or both, as determined by the secretary to be most appropriate in terms of the specific energy resource availability situation existing or forecast at the time such comparison is made.

      (b) The secretary may investigate any such petition and consider in his decision any relevant factual finding resulting from such investigation. The secretary may accept submissions from third parties relevant to such petition, provided the petitioner is afforded the opportunity to respond to such third party submissions. The secretary may also consider any other sources of relevant information in deciding the petition before him. The secretary may hold an informal hearing, if, in his opinion, such hearing is advisable.

      (c) If the secretary determines that there is insufficient information upon which to base a decision and if upon request the required additional information is not furnished, the petition may be dismissed without prejudice. The secretary shall grant, deny or dismiss without prejudice such petition not more than thirty days after receipt of such petition. The secretary may make his decision granting an exemption conditional upon the petitioner's taking actions specified in such decision. Upon the granting, denying or dismissal of such petition, the secretary shall notify the petitioner, in writing, the reasons for his decision.

      (d) The secretary may reconsider and alter any decision under this section as he deems necessary to implement such plan, or any provision of such plan or any order adopted pursuant to section 16a-11 or 16a-12. The secretary may suspend or revoke any exemption for any reason including but not limited to: (1) Changed circumstances where the grounds for granting an exemption to the petitioner have ceased to exist, (2) failure on the part of the petitioner to comply with conditions specified in the secretary's decision granting the exemption, or (3) where the exemption was issued by mistake or on the basis of misrepresentation or false pretenses on the part of the petitioner.

      (e) The provisions of sections 4-176e to 4-181a, inclusive, shall not apply to any proceeding held pursuant to subsections (a) to (d), inclusive, of this section. Any person aggrieved by the decision of the secretary may appeal such decision in accordance with the provisions of sections 4-183 and 4-184.

      (f) The secretary shall adopt regulations, in accordance with chapter 54, establishing administrative procedures to implement the provisions of this section with respect to petitions for exemption.

      (P.A. 74-285, S. 14, 20; P.A. 75-156; 75-537, S. 8, 55; 75-567, S. 75, 80; P.A. 77-614, S. 19, 610; P.A. 79-572, S. 5, 10; P.A. 80-125, S. 1, 3; 80-483, S. 67, 186; P.A. 81-330, S. 2, 13; P.A. 88-317, S. 65, 107.)

      History: P.A. 75-156 added provision re exemptions in Subsec. (a); P.A. 75-537 and 75-567 replaced energy agency administrator with commissioner of planning and energy policy; P.A. 77-614 replaced commissioner with secretary of the office of policy and management; P.A. 79-572 replaced energy use sectors with economic sectors or subsectors in Subsec. (a) and clarified procedure for determining whether exemption warranted, replaced Sec. 4-180 with Sec. 4-181 in Subsec. (e) and added Subsec. (f) re adoption of regulations governing exemption petitions; P.A. 80-125 restated and expanded exemption provisions in Subsec. (a), added provision in Subsec. (c) re conditional exemption and added provisions in Subsec. (d) re suspension or revocation of exemption; P.A. 80-483 made technical changes; P.A. 81-330 added provision in Subsec. (a) subjecting person filing petition to penalty for false statement; P.A. 88-317 amended reference to Secs. 4-177 to 4-181 in Subsec. (e) to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date.