CHAPTER 722

STATE OF DELAWARE

EXECUTIVE DEPARTMENT

DOVER

EXECUTIVE ORDER

NUMBER THIRTY

TO: All Citizens of the State of Delaware

RE: Inventory of Various Energy Reserves and Resources Within the State

WHEREAS, I, Sherman W. Tribbitt, Governor of the State of Delaware, did on this date proclaim that a State of Emergency existed within the entire State of Delaware by reason of an impending or actual acute shortage of useable energy reserves; and

WHEREAS, in light of that crisis and in conjunction with the proclaiming of the State of Emergency, the 127th General Assembly, on November 19, 1973, by virtue of the passage of Senate Bill No. 397, as amended, which was signed into law on November 20, 1973, authorized and empowered the Governor to promulgate reasonable orders, rules and regulations as he deemed necessary, to protect the public health, safety and welfare, and to bring the emergency situation under control within the acknowledged limitation of his powers as one Governor of one State; and

WHEREAS, Senate Bill No. 397, as amended, authorizes the Governor to, inter alia, establish and implement standards for the conservation and consumption of energy reserves as well as modify existing standards and requirements affecting the use of energy reserves; and

WHEREAS, it is essential that the State have available to it accurate and complete information as is possible regarding present and projected supplies of and needs for various energy reserves and resources within the State;

NOW, THEREFORE, I, SHERMAN W. TRIBBITT, by the authority vested in me as Governor of the State of Delaware, determine that the following is reasonable and necessary in view of the emergency situation, and do hereby order and declare as follows:

1. The Secretary of the Department of Natural Resources and Environmental Control (herein referred to as the "Secretary") and any succeeding office or person as I may hereafter designate, is hereby authorized and directed to undertake an ongoing inventory of present and projected supplies of and needs for various energy reserves or resources within the State, as in this Order provided.

2. The following persons and entities are hereby directed and ordered to cooperate fully with the Secretary and to submit to him, or to his designee, accurate and complete inventory reports containing the information described in Section 3 hereof, at such times and for such periods as the Secretary determines.

(a) All persons and entities, including but not limited to, all suppliers, distributors, wholesale purchasers, commercial or industrial users and public utilities whose facilities have any of the following capacities for the following products:

(1) Distillate Oils (Nos. 1 and 2 fuel oil and diesel fuel) —20,000 gallon capacity;

(2) Kerosene or Jet fuels — 10,000 gallon capacity;

(3) Residual Oils (Nos. 4, 5, or 6 fuel oil) — 50,000 gallon capacity; and

(4) All wholesalers and retailers of LP gases or propane, not withstanding any minimum storage capacity.

3. All reports shall be completed and submitted by the persons and entities described above, in such manner and on such forms as may be prescribed by the Secretary. All reports shall contain, as to each product, the following information:

(a) present and projected inventories;

(b) volumes received and disbursed during the reporting period;

(c) projected utilization of and demand for the product; and

(d) such additional information as the Secretary requests.

4. The Secretary is hereby authorized and directed to establish such forms and procedures as may be necessary for the purpose of implementing this Order.

5. Reporting periods, reporting procedures and contents of reports as established or required by the Secretary shall not impose unreasonable burdens upon the persons or entities subject to compliance with this Order.

6. Pursuant to §3128, Chapter 31, Title 20, Delaware Code Annotated, any person who violates any provision of this Order shall be guilty of a misdemeanor and shall be punished in the discretion of the Court.

7. This Order shall be effective immediately upon approval of this Order by the bipartisan joint legislative committee, established by Senate Bill No. 397, as amended, but no later than Monday, November 26, 1973.

APPROVED this 21st day of November, 1973.

(GREAT SEAL)

SHERMAN W. TRIBBITT

Governor

Attest:

ROBERT H. REED

Secretary of State