Maryland Public Safety Section 14-506

CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

// SPECIAL NOTE: THE FOLLOWING SECTION WAS CHANGED BY CHAPTER 87 OF 2005 AND WILL REMAIN IN EFFECT UNTIL JUNE 30, 2010 //

      (a)      (1)      Each prime supplier shall designate a representative with full authority to act on behalf of the prime supplier with respect to assignments and applications for assignments.

            (2)      To the maximum extent feasible, the Administration shall consult with the representative of a prime supplier before issuing an assignment that affects the amount of State set-aside product to be supplied by the prime supplier.

      (b)      (1)      During an energy emergency a person engaged in an activity specified in § 14-504 of this subtitle may request an assignment by submitting an application on the form that the Administration provides.

            (2)      On approval of the application, the Administration shall:

                  (i)      issue an assignment to the applicant; and

                  (ii)      provide a copy of the assignment to the designated representative of the prime supplier.

            (3)      An assignment is effective on issuance and constitutes an encumbrance on the prime supplier's State set-aside volumes for the month of issuance regardless of the actual date of delivery of the State set-aside product to the applicant.

      (c)      (1)      An assignment expires automatically unless the applicant presents it to a supplier within 10 days after issuance.

            (2)      On presentation of an assignment, the supplier shall supply to the applicant the assigned amount of the State set-aside product.

            (3)      A designated wholesale purchaser-reseller of a prime supplier:

                  (i)      shall honor assignments on presentation; and

                  (ii)      may not delay delivery while confirming the assignment with the prime supplier.

      (d)      (1)      If a supplier other than a prime supplier supplies a State set-aside product in accordance with an assignment, the supplier shall in turn receive from its supplier an equivalent volume of the State set-aside product.

            (2)      The volume of a State set-aside product received by a supplier from its supplier under paragraph (1) of this subsection may not be considered part of the allocation that would otherwise have been supplied to the supplier during the same period.

      (e)      The Administration may direct that a wholesale purchaser-reseller be supplied under the State set-aside program so that the wholesale purchaser-reseller is able to supply specified individual consumers who would otherwise be eligible for an assignment under this subtitle.