New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 7903

Executive Department

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4 sections

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Source version current through May 15, 2022

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9 NYCRR 7903.1 - Purpose and scope

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NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
May 15, 2022

This part establishes procedures for issuance of State set-aside assignment orders and denial orders issued pursuant to Part 7901 of this subchapter, and State set-aside general distribution orders issued pursuant to Part 7902 of this subchapter.

9 NYCRR 7903.2 - Issuance of assignment orders

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
May 15, 2022
(a)Upon determining that an application for assignment should be granted pursuant to Part 7901 of this subchapter, the State Energy Office shall issue an assignment order in writing, naming the applicant, the prime supplier required to supply product, and any wholesale purchaser-reseller required to supply the applicant on behalf of the prime supplier; specifying the type and volume of fuel assigned, the location to be supplied, and any particular purpose for which the assigned fuel is to be used; and if necessary authorizing cross-brand sales notwithstanding the general provisions of General Business Law, Section 391-a.
(b)The order shall include a brief statement summarizing the basis upon which the order is issued. The order shall provide that any person aggrieved thereby may file an appeal with the State Energy Office in accordance with Part 7904 of this subchapter.
(c)The order shall state that it is effective upon issuance and shall expire within 10 days of its issuance unless the applicant presents his copy of the order to the prime supplier or any wholesale purchaser-reseller required to supply the applicant on behalf of the prime supplier within those 10 days.
(d)The State Energy Office shall serve a copy of the order by mail upon the applicant, the designated State representative of the prime supplier assigned to the applicant, and any wholesale purchaser-reseller required to supply the applicant on behalf of the prime supplier.

9 NYCRR 7903.3 - Issuance of denial orders

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
May 15, 2022
(a)Upon determining that an application for assignment should be denied pursuant to Part 7901 of this subchapter, the State Energy Office shall issue a denial order in writing naming the applicant.
(b)The order shall include a brief statement summarizing the basis upon which the application is denied. The order shall provide that any person aggrieved thereby may file an appeal with the State Energy Office in accordance with Part 7904 of this subchapter.
(c)The State Energy Office shall serve a copy of the order by mail upon the applicant.

9 NYCRR 7903.4 - Issuance of general distribution orders

Later State Register activity may affect this section.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
May 15, 2022
(a)Upon determining that a general distribution order should be issued pursuant to Part 7902 of this subchapter, the State Energy Office shall issue one or more general distribution orders. Each order shall name the prime supplier required to make a general distribution, and specify the type and volume of fuel to be distributed, the class of trade to receive distribution, and the geographical area designated as suffering from an intra-State supply imbalance, if any, within which distribution is to be made. If a general distribution order does not specify any class of trade or geographical area, it requires that a general distribution be made to all classes and areas in the State normally supplied by the prime supplier.
(b)The order shall include a brief statement summarizing the basis upon which the order is issued. The order shall provide that any person aggrieved thereby may file an appeal with the State Energy Office in accordance with Part 7904 of this subchapter.
(c)The order shall state that it is effective upon issuance.
(d)The State Energy Office shall serve a copy of the order by telegram, telex, or telecopier upon the designated State representative of the prime supplier.

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