Haw. Code R. § 15-10-13 - Assignment of set-aside

(a) At any time during the month the SMC may order the assignment of all or part of a prime supplier's set-aside volume through the prime supplier's normal distribution system in the State.

(b) The SMC shall assign set-aside to meet emergency and hardship requirements of all wholesale purchaser-consumers and end-users who customarily purchase fuel from wholesale purchaser-resellers. The SMC may direct a prime supplier to supply set-aside to a wholesale purchaser-consumer or bulk-purchasing end-user directly, or to supply set-aside through the appropriate supplier to a commercial or priority end-user who purchases fuel at retail.

(c) The SMC shall not authorize assignment of set-side fuel for requests involving less than fifty gallons, except in special cases.

(d) From time to time, the SMC may designate shortage areas. At any time during the month, the SMC may order some or all of the prime suppliers having retail outlets in such shortage areas to release part or all of their remaining set-aside volume through their normal distribution systems to increase the allocations of all suppliers' retail outlets located within such shortage areas.

(e) Orders issued by the SMC in accordance with this section shall be in writing and effective immediately upon presentation to the prime supplier's set-aside volume for the month of issuance, even if for some reason delivery cannot be made until the following month.

(f) The SMC shall assign set-aside at the beginning of the month if an applicant can demonstrate that a supply emergency or hardship is faced which requires immediate attention. By the fifteenth day of the month, the SMC shall make an initial determination as to how much of the set-aside shall be released to prime suppliers. Any set-aside products not allocated by the twentieth of the month shall automatically revert to the supplier.

Notes

Haw. Code R. § 15-10-13

[Eff FEB 17 1987] (Auth: HRS § 125C-23) (Imp: HRS §§ 125C-22, 125C-23)