Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-60 - Office of Energy Programs
Chapter 0400-60-01 - State Set-Aside Program (Transferred from 0500-03-01)
Section 0400-60-01-.08 - APPLICATION PROCESS
Universal Citation: TN Comp Rules and Regs 0400-60-01-.08
Current through September 24, 2024
(1) Applications must be filed with the Office of Energy Programs.
(2) Applications received within three (3) working days of the first day of the month will be deemed to have been received on the first day of the month. All applications received earlier than three (3) working days prior to the first day of the month will be returned to the applicant.
(3) Filing procedures:
(a) Each applicant must submit a written and
signed "Certification of Petroleum Product Hardship" application to the Office
of Energy Programs. Such application shall contain a sworn statement testifying
to the truth and accuracy of all statements contained in the
application.
(b) In extreme
emergencies applications may be made orally and written information provided
within five (5) days. Oral applications will be accepted beginning on the first
day of the month and will be deemed to have been filed on the day they are
received by the Office of Energy Programs. A written application must follow
the oral application within five (5) days. No hardship application will be
approved for an oral applicant until all prior oral applications by the same
firm have been documented by acceptable written application.
(c) Each application will be for only one
product type and will apply only to the current month during which the
application is being made.
(d) The
wholesale purchaser-consumer and wholesale purchaser-reseller submitting
applications on behalf of end-users must, in addition to their own application,
submit a "Certification of Petroleum Product Hardship" application for each
entity for whom they are requesting five thousand (5,000) gallons or more of
petroleum product.
(e) Each
wholesaler purchaser-consumer or wholesale purchaser-reseller application
requesting less than five thousand (5,000) gallons of petroleum product must be
accompanied by the following minimum information:
1. Firm name, address and phone
number;
2. Contact
person;
3. Applicant
category;
4. Supplier, product
brand and type, and delivery terminal;
5. A listing of monthly purchases during the
base period;
6. Minimum fuel
requirements during the month;
7.
Shortfall for month; and
8. Reason
for shortfall.
(f) In
making a determination on a request for a Set-Aside release, the Office of
Energy Programs shall consider, but not be limited to, the following criteria:
1. The nature and effect of the unusual or
abnormal circumstances causing the supply shortfall.
2. The type of customer for which the product
is being requested.
3. The total
amount of product available in the state set-aside for the month in
question.
4. The punctuality and
completeness with which the Certification for Petroleum Product Hardship
application is submitted.
Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam's Executive Order Number 25.
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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