§ 66-A — Conservation of gas, declaration of policy, delegation of power

§ 66-a. Conservation of gas, declaration of policy, delegation of\npower. 1. It is hereby declared to be the policy of this state that\nwhen there develops in any area a situation under which a gas\ncorporation supplying gas to such area is unable to meet the reasonable\nneeds of its consumers and of persons or corporations applying for new\nor additional gas service, the available supply of gas shall be\nallocated among the customers of such gas corporation, in such manner as\nmay be necessary to protect public health and safety and to avoid undue\nhardship, pursuant to rules and regulations as may be adopted by the\ncommission, and that to carry out this declared policy the jurisdiction\nof the public service commission should be clarified.\n 2. Notwithstanding the provisions of any statute or any franchise held\nby a gas corporation, the commission shall have power, upon the finding\nthat there exists such a shortage of gas in any area in the state, that\nthe gas corporation supplying such area is unable and will be unable to\nsecure or produce sufficient gas to meet the reasonable needs of its\ncustomers and of persons or corporations applying for new or additional\ngas service, to require such corporation to immediately discontinue the\nsupplying of gas to additional customers or of supplying additional\nservice to present customers, for such purpose or purposes as may be\ndesignated by the commission, or to customers using gas for a purpose\nprohibited by the commission pursuant to this act, and that upon the\nfinding that the supply of gas available is and will be insufficient to\nsupply the demands of all consumers receiving service, to require such\ngas corporation to curtail or discontinue service to any or all classes\nof customers of such gas corporation. In imposing such a direction or\nrequirement, the commission shall give consideration first to existing\ndomestic uses and uses deemed to be necessary by the commission to\nprotect public health and safety and to avoid undue hardship and shall\nbe limited to the period of the emergency provided that the gas\ncorporation affected shall make such restriction, curtailing or\ndiscontinuance applicable to all customers or applicants for service in\na like class. If the commission determines that good cause exists for\nsupplying service to additional customers or for supplying additional\nservice to some existing customers, notwithstanding the curtailment or\ndiscontinuance of service to other existing customers, it shall, to the\nextent feasible, allocate gas with equal priority to new or additional\ndomestic uses of gas and commercial or industrial processes which\nrequire gas because there is no practical substitute for it in such\nproportion as the commission determines to be reasonable. Provided that\nthe commission shall be permitted, after public hearing, to authorize\nany natural gas produced from lands under the waters of Lake Erie to be\nused for process or feedstock requirements. The commission is authorized\nto adopt such rules, regulations and orders as are necessary or\nappropriate to carry out these delegated powers.\n 3. In carrying out the delegated powers provided for in this section,\nthe commission shall, to the extent practicable, determine and establish\ngas conservation measures or standards. The commission may require\ncompliance with such measures or standards as a condition of receiving\nservice.\n