New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle BB - State Energy Office
Chapter IV - Fuel Allocation And Energy Emergency Procedures
Subchapter D - Standby State Fuel Set-aside Program
Part 7905 - Compliance And Enforcement
Section 7905.3 - Compliance with orders

(a) An assignment order issued pursuant to Parts 7901 and 7903 of this subchapter shall be effective immediately upon issuance. Prime suppliers and wholesale purchase-resellers of such prime suppliers shall provide the assigned amount of fuel to an applicant when presented with an assignment order. The assignment order shall entitle the applicant to receive fuel from the prime supplier or from the local wholesale purchaser-reseller of the prime supplier from which the State set-aside assignment has been made. Wholesale purchaser- resellers shall honor assignment orders upon presentation, and shall not delay deliveries required by the assignment orders while confirming such deliveries with the prime supplier. Any wholesale purchaser-reseller which provides fuel pursuant to an assignment order shall in turn receive from its wholesale purchaser-reseller or prime supplier an equivalent volume of the fuel. Normal deliveries and prelifts (advanced deliveries) by wholesale purchaser-resellers or prime suppliers under a contract with an applicant shall not be considered to satisfy an assignment order requiring delivery to an applicant. An assignment order shall require delivery notwithstanding any provision in any contract between the prime supplier or wholesale purchaser-reseller and the applicant which penalizes the applicant for under-lifting or over-lifting contract volumes. An assignment order not presented to either the prime supplier or the local wholesale purchaser-reseller of the prime supplier designated in the order within 10 days of issuance shall expire after that time.

(b) A general distribution order issued pursuant to Parts 7902 and 7903 of this subchapter shall be effective immediately upon service upon the prime supplier's designated state representative.

(c) Assignment orders and general distribution orders issued pursuant to Parts 7901, 7902 and 7903 of this subchapter shall represent a call on the prime supplier's set-aside volumes for the month of issuance, irrespective of the fact that delivery of the fuel subject to the orders cannot be made until the following month.

(d) Wholesale purchaser-resellers and prime suppliers shall not engage in any form of discrimination between set-aside applicants and other purchasers of fuel which has the effect of frustrating or impairing the objectives, purposes and intent of this subchapter. For purposes of this subdivision, discrimination means any difference between the sale, price, credit, delivery or other treatment afforded set-aside applicants and such treatment afforded other similar purchasers of fuel.