§ 10-14-3-14 — Declaration of energy emergency; procedures

(a) In determining whether to declare an
energy emergency under section 13 of this chapter, the governor shall
consider:
(1) the availability of regional and national energy resources;
(2) local, state, regional, and national energy needs and shortages;
(3) the availability of short term alternative supplies on a local,
state, regional, and national basis;
(4) the economic effect of the declaration and the implementation
of any curtailment or conservation plans; and
(5) any other relevant factors.
(b) To protect the public welfare during conditions of energy
emergencies proclaimed under section 13 of this chapter, the governing
body of each city, town, or political subdivision of the state and each
state agency (including the utility regulatory commission) shall carry
out in the body's or agency's jurisdiction energy supply emergency
measures ordered by the governor.
(c) To attain uniformity throughout the country in measures taken
to aid in energy crisis management, all:
(1) action taken under this section and section 13 of this chapter;
and
(2) orders and rules made under this section and section 13 of this
chapter;
must be taken or made consistent with federal orders, rules, actions,
recommendations, and requests.
(d) A person shall comply with a specific order issued or action
taken by the governor under this section or section 13 of this chapter.
(e) During a state of energy emergency proclaimed under section 13
of this chapter, the governor may:
(1) subpoena:
(A) witnesses;
(B) material;
(C) relevant books;
(D) papers;
(E) accounts;
(F) records; and
(G) memoranda;
(2) administer oaths; and
(3) cause the depositions of persons residing within or outside
Indiana to be taken in the manner prescribed for depositions in
civil actions;
to obtain information relevant to energy resources that are the subject
of the proclaimed emergency.
(f) In obtaining information under subsection (e), the governor shall:
(1) avoid eliciting information already furnished by a person or
political subdivision in Indiana to a federal, state, or local
regulatory authority that is available for the governor's study; and
(2) cause reporting procedures, including forms, to conform to
existing requirements of federal, state, and local regulatory
authorities wherever possible.
(g) Information obtained under this section from a person who
designates that information as confidential shall be maintained as
confidential by the governor and by any person who obtains
information that the person knows to be confidential under this chapter.
The governor may not make known in any manner any particulars of
information to persons other than those specified in subsection (j).
(h) This section does not prohibit the use of confidential information
to prepare statistics or other general data for publication if the
information is presented in a manner that prevents identification of the
particular persons.
(i) A person who is served with a subpoena to:
(1) give testimony orally or in writing; or
(2) produce books, papers, correspondence, memoranda,
agreements, or other documents or records;
under this chapter may apply to an Indiana court for protection against
abuse or hardship in the manner provided by law.
(j) For purposes of this section, references to the governor in this
section include any other individual designated in writing by the
governor. A person designated by the governor shall preserve the
confidentiality of information in accordance with subsection (g).
(k) The powers vested in the governor under this section and section
13 of this chapter are in addition to and not instead of emergency
powers vested in the governor under this chapter or any other state law.
(l) The governor may authorize the incurring of liabilities and
expenses to be paid as other claims against the state from the general
fund in the amount necessary if:
(1) an energy emergency is declared by the governor; and
(2) the energy emergency justifies the expenditure;
in accordance with section 28 of this chapter for other emergency or
disaster expenditures.
[Pre-2003 Recodification Citation: 10-4-1-7.2.]

Legislative History

As added by P.L.2-2003, SEC.5.