CHAPTER 817

STATE OF DELAWARE

EXECUTIVE DEPARTMENT

DOVER

PROCLAMATION

WHEREAS, I, Sherman W. Tribbitt, Governor of the State of Delaware, did on November 21, 1973 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, authorized the Governor to, inter alia, establish and implement standards for the conservation and consumption of energy reserves as well as modify the conservation and requirements affecting the use of energy reserves; and

WHEREAS, a substantial conservation of Delaware's useable energy reserves can be realized by monitoring and controlling the consumption of energy by owners and occupants of all office buildings as well as all retail, wholesale, commercial, and manufacturing firms assembling, processing, or selling products or delivering services (hereinafter collectively referred to as "business establishments"); and

WHEREAS, in view of the impending or actual acute shortage in the useable energy reserves in the State, such conservation

is reasonable and necessary to protect the health, safety and welfare of the public.

NOW, THEREFORE, I, Sherman W. Tribbitt, by the authority vested in me as Governor of the State of Delaware, determine that the following action is reasonable and necessary in view of the emergency situation and do hereby order and declare as follows with respect to all business establishments:

I. MANDATORY REQUIREMENTS

A. Heating and Air Conditioning Units

1. All thermostats shall be reduced to at least 68° during the heating seasons, excepting warehouse areas, where thermostats shall be reduced to 65°.

2. During warm spells, when air conditioning might become necessary, thermostats shall be set at 80° so the air conditioning units will not operate below that temperature. Air circulating fans may be used instead.

3. Heating and/or air conditioning units shall be serviced so that such equipment is operating at maximum efficiency.

4. Whenever possible, all air circulating equipment shall be turned off completely when business establishments are closed.

B. Electrical Power Conservation

1. Incandescent "spot" and "flood" lights on interior displays shall be reduced or eliminated.

2. Only the absolute minimum of lighting shall be permitted until five minutes before the business establishment opens.

3. During business hours, present lighting levels in the sales office areas shall be reduced by 331/3%. All other areas shall be further reduced as is possible, giving proper consideration to lighting safety standards.

4. In warehouse areas, lighting shall be limited to areas where work is being performed.

5. Whenever possible, all flood and spot lights in display windows shall be eliminated. In areas where security may be a problem, all but two lights shall be eliminated.

6. Where it is not possible to eliminate display window lighting as required immediately above, time clocks shall be reset to coincide with store hours.

7. In lamp (ceiling fixture) display areas, all lights shall be eliminated except those needed for minimum effect.

8. All display models in appliance department (washers, refrigerators, etc.) shall be turned off except during demonstrations specifically requested by prospective customers.

9. All television sets, except one color and one black and white, shall be turned off except during demonstrations requested by prospective customers.

10. All outdoor lighting or signs shall be eliminated during daylight hours.

11. At night, outdoor lighting (business identification signs) shall be turned off immediately upon the closing of business.

12. Business establishments with more than one illuminated outdoor sign shall eliminate all but one such sign.

13. All business establishments with lighted parking lot facilities shall reduce parking lot illumination by 30% of the electrical energy consumed in the corresponding month of 1972.

II. REQUESTED VOLUNTARY ACTION

A. General

1. During night cleaning, lights should be used only in areas where work is being performed.

2. Wherever possible, night "merchandise marking" (receiving room) crews should be eliminated by expanding the work force during daylight hours.

3. Escalators should be turned off immediately upon closing.

4. As few elevators as possible should be in operation during business hours and all elevators should be shut down immediately upon closing the place of business.

B. Gasoline Consumption

1. All motor vehicles used for company business shall travel at not more than 50 miles per hour and drivers should be encouraged to operate such vehicles as economically as possible (acceleration, deceleration, etc.).

2. All vehicles should be maintained to assure maximum operating efficiency.

3. The frequency of deliveries to outlying areas should be reduced by intelligent planning.

4. Service calls, etc. should be conscientiously scheduled to reduce unnecessary vehicle mileage.

5. Customer package pick-up should be promoted to reduce the number of deliveries. Whenever possible, free shopping bags should be issued to further encourage customer pick-up.

C. Employee Participation

1. The use of car pools should be encouraged and employers should help arrange additional car pools by rescheduling employees hours so that persons living in the same neighborhoods will have similar working hours.

2. The importance of energy conservation should be impressed on all employees through meetings and bulletins.

0. Employees should be encouraged to utilize public transportation wherever possible.

1. Employees should be encouraged to submit suggestions on other ways for the employer to conserve energy.

2. An in-house associate should be appointed to monitor the energy conservation policies set up by each firm.

III. Pursuant to Section 3128, Chapter 31, Title 20, Delaware Code Annotated, any person who violates Section I, of this Order, "Mandatory Requirements", shall be guilty of a misdemeanor and shall be punished in the discretion of the Court.

IV. This Proclamation shall be effective at 12:01 A.M., Thursday, December 27, 1973, and shall terminate not later than January 31, 1974.

IN WITNESS WHEREOF, I, SHERMAN W. TRIBBITT, Governor of the State of Delaware, have hereunto set my hand and caused the Great Seal of the said State to be hereunto affixed at Dover this 21st day of December,

(GREAT SEAL) in the year of our Lord, one thousand nine hundred and seventy-three, and of the Independence of the United States of America, the one hundred and ninety-eighth.

SHERMAN W. TRIBBITT, Governor

Attest: ROBERT H. REED, Secretary of State