This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

As used in this subchapter, the following definitions apply:

(1) "Confidential information" has the same meaning as in 2-6-1002, MCA.

(2) "Customer" means any individual, partnership, corporation, firm, governmental entity, or organization that purchases an energy resource within Montana.

(3) "Department" or "DEQ" means the Department of Environmental Quality as defined in 2-15-3501, MCA.

(4) "Distributor" has the same meaning given in 90-4-302, MCA.

(5) "Emergency" means an energy emergency as defined in 90-4-302, MCA.

(6) "Energy" has the same meaning given in 90-4-302, MCA.

(7) "Firm" means any person, as defined in 90-4-302, MCA, engaged in any activity covered by these rules.

(8) "Local government" means any county, city, town, municipal corporation, or other political subdivision of the state.

(9) "Person" has the same meaning given in 90-4-302, MCA.

(10) "Petroleum products" has the same meaning given in 90-4-302. MCA.

(11) "Prime petroleum supplier" has the same meaning given in 90-4-302, MCA.

(12) "Supply alert" means an energy supply alert as defined in 90-4-302, MCA.

(1) The Governor shall give written notice to state agency heads, local government entities, appropriate trade groups, and distributors affected by a declaration of a supply alert or emergency of the declaration and its requirements. The Governor shall issue a news release describing the action taken.

(1) If a distributor experiences an event that the distributor believes may cause or is causing an energy supply shortage or other condition that may result in a supply alert or emergency as defined in 90-4-302, MCA, or if the Governor believes such an event has occurred and notifies the distributor, the distributor shall, within 24 hours after the event occurs or the Governor gives notification, report the event to the department's duty officer at (406) 431-0014, and send the following information concerning the event to the department at [email protected];

(a) a current status report including geographic area of impact;

(b) estimated effect on energy customers and on health/human safety;

(c) effect of the incident on infrastructure, including other energy sectors, transportation, food distribution, and emergency services;

(d) expected duration;

(e) recommended actions the public or industry can take to reduce or adjust consumption;

(f) the distributor's contact information;

(g) any other information the distributor thinks might be helpful in a supply alert or emergency; and

(h) any other information requested by the department that the department determines is necessary to address the supply alert or emergency.

(2) During a supply alert or emergency each distributor named in the declaration of the supply alert or emergency shall submit via e-mail to DEQ at [email protected] at a frequency determined by the department or by another method if requested by the department, a report that contains the information in (1).

(3) Pursuant to 90-4-305(5), MCA, nothing in this rule requires a distributor to provide confidential information, trade secrets, or other facts of a proprietary nature.

(4) The department shall inform the public about each supply alert or emergency and actions being taken to address it and actions that the public is requested or required to take.

(1) The department shall evaluate the information provided under ARM 14.8.405 and recommend to the Governor one or more actions based on the severity of the shortage.

(1) The following entities shall submit monthly reports as follows:

(a) Each refinery shall submit copies of the federal Monthly Refinery Report (EIA-810).

(b) Each petroleum pipeline company that delivers petroleum products to Montana customers shall submit a monthly report, on the form prescribed by the department, of:

(i) pipeline receipts, deliveries, and inventories by terminal location and consignee for all petroleum products delivered through its Montana system; and

(ii) its total quantity of out-of-state imports and exports.

(c) Each prime petroleum supplier shall submit a copy of that supplier's federal Monthly Report of Prime Supplier Sales of Petroleum Products Sold for Local Consumption (EIA-782C).

(2) Each report required to be submitted in this rule must be submitted to the department by e-mail to [email protected] within 20 days after the end of the month for which the report is being provided.

(3) Each monthly report required in this rule is for a calendar month.

(1) Any documents submitted under ARM 14.8.407 that are subsequently revised must be resubmitted in their revised form by the submitting firm within 10 days after the revision is completed.

(2) The department may request a distributor required to submit a report under this subchapter to replace an illegible or missing report. A distributor shall submit a replacement to the department via e-mail to [email protected] within 30 days after the department sends a written request to the firm by e-mail or U.S. postal mail.

(1) Information submitted under 90-4-305(2), MCA, is subject to 90-4-305(6), MCA.

(2) For information not listed in 90-4-305(2), MCA, that is required to be submitted under this subchapter, if a distributor, as defined in 90-4-302, MCA, believes it to be confidential, trade secrets, or of a proprietary nature, and wishes:

(a) not to submit it to the department, the distributor shall inform the department and describe the nature of the information. Unless the department obtains a court order requiring disclosure, the distributor is not required to submit the information to the department;

(b) to submit the information to the department and have it protected it as confidential information, the distributor shall provide an affidavit to the department that establishes, to the department's satisfaction, that the information is confidential. On determining that the information is confidential, the department shall hold the information as confidential and, upon receiving a request for disclosure, may not disclose it unless it first informs the submitter and provides a reasonable period for the submitter to obtain a court order designating the information confidential.

(3) Unless a court orders otherwise, the department shall withhold from public scrutiny information submitted to it under this subchapter if the submitter provides an affidavit that establishes, to the department's satisfaction, that release of the information jeopardizes the safety of an individual or the public.

(1) The Governor, in a declaration of an alert or emergency, may authorize the department to relieve a firm or governmental entity from a duty to comply with a provision of this subchapter if the department determines that compliance is not necessary to plan, prepare for, or implement a supply alert or emergency.