New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 3 - Executive Orders (Hugh L. Carey) › Section 3.46 - Executive Order No. 46: [Declaring an energy and fuel supply emergency.]

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the Legislature has granted to the Governor
					 certain emergency powers which may be exercised upon a finding by the Governor
					 that there exists or impends an energy or fuel supply shortage of a dimension
					 which endangers the public health or safety; and
WHEREAS, it is clear that there exists a national and local
					 exigency with respect to the availability of natural gas, brought about by
					 unusually severe weather conditions throughout the country; and
WHEREAS, I am informed that supplies of natural gas to New
					 York State have been curtailed and that further supply reductions will likely
					 occur; and
WHEREAS, I am informed that due to interstate curtailments
					 it has been necessary to interrupt service to industrial, commercial and
					 educational institutions in certain parts of New York State; and
WHEREAS, I am informed that it is likely that the current
					 shortages of natural gas may be further aggravated in the foreseeable future,
					 and that unless the consumption of natural gas is reduced the public health and
					 safety could be threatened; and
WHEREAS, I am informed that it is imperative that steps be
					 taken to ensure that domestic and other essential needs be met, that jobs be
					 preserved to the greatest extent practicable, that undue hardships be avoided,
					 and that the public health and safety be protected;
NOW, THEREFORE, I, Hugh L. Carey, Governor of the State of
					 New York, do hereby find and declare an energy and fuel supply emergency with
					 respect to natural gas and do invoke the emergency powers granted by the
					 Constitution and Laws of the State of New York and direct the Acting
					 Commissioner of the Energy Office to exercise the functions, powers and duties
					 granted pursuant to law in order to preserve the public health and safety. In
					 performing his responsibilities pursuant to this Order the Acting Commissioner
					 shall:
(1) give priority to natural
				  gas uses essential to public health and safety, including shelter and other
				  essential human needs, industrial employment uses and the maintenance of
				  educational institutions, and shall thereafter attempt to allocate the
				  remaining supply equitably and in a manner designed to avoid undue
				  hardship;
(2) consult with the
				  Chairman of the Public Service Commission in the implementation of this order
				  and, if necessary, delegate to the Chairman any responsibilities as are
				  conferred by this Order.
The Chairman of the Public Service Commission shall
					 continue to exercise his legal powers to require his approval prior to
					 curtailment of service to any customers by a utility company.
Such declaration of emergency shall remain in effect for a
					 period of six months from the date hereof unless sooner terminated by order of
					 the Governor or continued in effect pursuant to law.
Signed: Hugh L. Carey
Dated: January 27, 1977