Montana Code 90-4-307. Submission and approval of curtailment plans
90-4-307. Submission and approval of curtailment plans. (1) The governor may at any time require a distributor of an energy resource to prepare for the governor’s approval a plan for the curtailment of the distribution of that resource in the event of a state of energy emergency. Plans must be submitted in the form and within limits that the governor shall specify and must recognize the obligations and duties that may be placed upon distributors subject to this part by other jurisdictions, both state and federal.
Terms Used In Montana Code 90-4-307
- Distributor: means any person, private corporation, partnership, producer, individual proprietorship, public utility, joint operating agency, or cooperative that engages in or is authorized to engage in the activity of generating, producing, transmitting, or distributing energy in this state. See Montana Code 90-4-302
- Energy: means petroleum or other liquid fuels, natural or synthetic fuel gas, or electricity. See Montana Code 90-4-302
- Energy emergency: means :
(a)an existing or imminent domestic, regional, or national shortage of energy that will result in curtailment of essential services or production of essential goods or the disruption of significant sectors of the economy unless action is taken to conserve or limit the use of the energy form involved and the allocation of available energy supplies among users or to increase the available supply of energy; or
(b)a price of energy that will:
(i)result in curtailment of essential services or production of essential goods or the disruption of significant sectors of the economy; or
(ii)impose a threat to the health or safety of those segments of the population who are most in need, as defined by their economic, social, or medical circumstances. See Montana Code 90-4-302
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)Approval of plans for curtailment must be based on the following factors:
(a)the consistency of the plan with the public health, safety, and welfare;
(b)the technical feasibility of implementation of the plan;
(c)the effectiveness with which the plan minimizes the impact of any curtailment;
(d)the needs of commercial, agricultural, retail, professional, and service establishments whose normal function is to supply goods or services, or both, of an essential nature, including but not limited to food, lodging, fuel, and medical care facilities; and
(e)the regional agreements or contracts of the distributors.