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particular petroleum product for a particular allocation period through the issuance of an order fifteen (15) days prior to the beginning of that allocation period.
8 660.114 Energy conservation.
Unless otherwise ordered for good cause shown, no wholesale purchaser or end-user shall receive an allocation pursuant to the procedures of Part 661 of this chapter unless he shall have certified that he has in effect an energy conservation program consistent with the conservation program of the Commonwealth.
days prior to the beginning of each allocation period; except however, the report for the allocation period including November must be filed by November 1, 1974.
(b) The reporting requirement of paragraph (a) of this section does not apply to:
(1) A supplier to the extent he is subject to $ 660.103(g), Provided, however, That the supplier makes reports pursuant to § 660.153.
(2) Sales by a supplier which sells exclusively to end-users.
Subpart D-Reporting and
8 660.151 Initial reports.
(a) By November 15, 1974, each supplier shall report to the DOCA consistent with forms and instructions issued by the DOCA the following information concerning each petroleum product:
(1) Name and address of supplier;
(2) Total sales volume (including internal transfers and volume of its own end-use) for each completed period of 1972, 1973 and 1974 corresponding to a base period; and
(3) The percentage of total sales volume and actual sales volume exported or sold for export for each completed period of 1972, 1973 and 1974 corresponding to a base period.
(b) Notwithstanding the provisions of paragraph (a) of this section, information filed in accordance with Regulation No. 41 of the DOCA need not be repeated.
8 660.153 Other reports.
(a) Suppliers without base period supplier/purchaser relationships. Each supplier subject to $ 660.103(g) must file a report for each petroleum product for each allocation period beginning with the allocation period including November 1974. The report, consistent with forms and instructions issued by the DOCA must be filed with the DOCA fifteen (15) days prior to the beginning of each allocation period; except however, the report for the allocation period including November 1974, must be filed by November 1, 1974. The report for each petroleum product shall contain the following information concerning the next allocation period:
(1) Name and address of the supplier submitting the report;
(2) Total estimated inventory;
(4) Estimated volume which it will consume in its capacity as an end-user or wholesale purchaser-consumer. Pursuant to the provisions of $ 660.9 the DOCA may order a directed sale of such petroleum product.
(b) End-user and wholesale purchaser-consumer importers. Each end-user and wholesale purchaser-consumer which imports a petroleum product in excess of the volume imported during the base period, and each end-user and wholesale purchaser consumer which did not import a petroleum product prior to January 1, 1974, must report to the DOCA within five (5) days of receipt of that imported petroleum product on forms and instructions issued by the DOCA. These reports
8 660.152 Periodic reports.
(a) Except as provided in paragraph (b) of this section, each supplier must file a report for each petroleum product for each allocation period beginning with the allocation period including November 1974 which sets forth the (1) estimated allocable supply, (2) estimated set-aside volume, and (3) the estimated volume of surplus product subject to § 660.103 (e)(2) or (f)(2). The report, consistent with forms and instructions issued by the DOCA, must be filed with the DOCA fifteen (15)
makes a sale subject to the allocation regulations of this part shall:
(1) Specify the records that it is maintaining to comply with this paragraph; and
(2) Justify that action pursuant to the allocation provisions of this part.
(d) Period for keeping records. Each firm required to keep records under this paragraph shall maintain and preserve those records for at least four (4) years after the last day of the calendar year in which the transaction or other events recorded in the record occurred or the property was acquired by that firm whichever is later.
shall contain the following information:
(1) Name and address of supplier submitting the report;
(2) The volume received, point of origin, and seller of the imported petroleum product;
(3) The intended use of the import;
(4) The base period volume, current requirements, and the amount purchased or expected to be purchased from suppliers subject to this part in the most recently completed, the current, and the next allocation period; and
(5) The volume of imported petroleum product anticipated to be received in the next allocation period. Pursuant to the provisions of $ 660.9 the DOCA may order the directed sale of such a petroleum product.
(c) Duplication of information. Notwithstanding the provisions of paragraphs (a) and (b) of this section, information filed in accordance with Regulation No. 41 of the DOCA need not be repeated.
(d) Surplus product reports. Each supplier of surplus product subject to the provisions of $ 660.103 (e)(2) or (f)(2) which is not reported pursuant to $ 660.152(a), shall be reported to the DOCA within five (5) days of the supplier's determination of such surplus product.
(e) Additional reports. Whenever the DOCA considers it necessary for the effective administration of the program it may order any firm to file special or separate reports, setting forth information relating to the DOCA regulations in addition to any other report required by this part. 8 660.154 Recordkeeping requirements.
(a) General. Each firm subject to this part shall keep such records that serve as source for the information submitted under this part.
(b) Inspection. Records required to be kept under paragraph (a) of this section, shall be made available for inspection at any time upon the request of a representative of the DOCA.
(c) Justification. Upon the request of a representative of the DOCA any supplier which has filed a notice of a proposed method of allocation or
8 660.181 Implementation of prenotifica
tion. (a) Upon a finding by the DOCA that the purposes and goals of the allocation program and the Act would be furthered by prenotification of the proposed method of allocation of each petroleum product by each supplier, the DOCA shall issue an order requiring prenotification pursuant to the provisions of this subpart.
(b) The provisions of this subpart are not effective unless implemented by a DOCA order.
8 660.182 Prenotification.
(a) Prenotification requirement. Except as provided in paragraph (b) of this section, each supplier shall file a notice of the proposed method of allocation for each petroleum product with the DOCA fifteen (15) days prior to the beginning of the allocation period in which the proposed sales are to be made.
(b) Waiver of prenotification. The prenotification requirements of paragraph (a) of this section do not apply to:
(1) A supplier to the extent he is subject to $ 660.103(g), Provided, however, That the supplier makes periodic reports pursuant to $ 660.153.
(c) Notification to wholesale purchaser-resellers. Eighteen (18) days prior to the beginning of each allocation period each supplier shall notify each of its wholesale purchaser-resellers in writing of its allocation entispecified period of time, in order to meet the purpose and goals and objectives of the Act or regulations.
tlement for the next allocation period. Notification will not be considered to have been made until it is received by the wholesale purchaser-reseller. 8 660.183 Manner of prenotification.
The notice of the proposed method of allocation must be filed with the DOCA by each supplier for each petroleum product in accordance with forms and instructions issued by the DOCA.
§ 660.184 Measure of the prenotification
period. The fifteen (15) day prenotification period will begin on the first day following the date of filing of the proposed allocation method which is not a Friday, Saturday or Sunday.
8 660.186 Implementation of proposed al
location plan. (a) If the DOCA does not act upon the proposed allocation plan pursuant to $ 660.185 and prior to the first day of the allocation period the plan may be implemented upon the first day of the allocation period.
(b) If the DOCA does not act pursuant to $ 660.185 concerning surplus product reported pursuant to $ 660.183 the surplus may be sold for consumption in the Commonwealth to any purchaser, at the discretion of the supplier.
(c) Failure of the DOCA to act upon the proposed method of allocation prior to the first day of the allocation period does not constitute approval of the proposal, and nothing in this part shall be construed to limit the authori. ty of the DOCA to modify, suspend or disapprove the continuation of the proposed plan in whole or in part, if the DOCA finds that:
(1) The plan does not conform to the rules of this part; or
(2) The plan would result in undue hardship or inequity to a particular firm or to a particular sector of the economy of the Commonwealth or would be unreasonably inconsistent with the purpose and goals of the Act or the DOCA.
8 660.185 DOCA action.
(a) During the fifteen (15) day prenotification period the DOCA may issue an order disapproving, modifying, or suspending a proposed allocation plan in whole or in part.
(1) The DOCA may issue an order disapproving or modifying a proposed allocation plan in whole or in part if it finds:
(i) That the proposed method of allocation does not conform to the rules of this part;
(ii) That if allocation were made pursuant to the plan submitted undue hardship or inequity would result to a particular sector of the economy, or it would be unreasonably inconsistent with the purposes and goals of the Act or regulations; or
(iii) That area imbalances would result due to weather variation, seasonal demand, or other circumstances beyond the control of the sellers or purchasers.
(2) The DOCA may issue an order temporarily suspending the running of the fifteen (15) day prenotification period if it finds that additional information is necessary or that the form was improperly filed.
(b) The DOCA may issue an order directing the surplus product reported pursuant to the provisions of
660.103(f) be sold to a particular supplier, wholesale purchaser or end-user, be added to the supplier's set-aside volume, or be held in inventory for a
PART 661-ADMINISTRATIVE PROCEDURES AND SANCTIONS
Subpart A-General Provisions
Sec. 661.1 Purpose and scope. 661.2 Definitions. 661.3 Appearance before the DOCA. 661.4 Filing of documents. 661.5 Computation of time. 661.6 Extension of time. 661.7 Service. 661.8 General filing requirements. 661.9 Effective date of orders. 661.10 Order of precedence. 661.11 Where to file.
Subpart G—Appeal 661.71 Purpose and scope. 661.72 Who may file. 661.73 What to file. 661.74 Where to file. 661.75 Notice. 661.76 Contents.
Subpart N-Investigations, Violations,
Sanctions and Judicial Actions
661.141 Investigations. 661.142 Violations. 661.143 Sanctions.
Sec. 661.144 Injunctions.
Subpart 0—Antitrust Applicability 661.151 Scope. 661.152 General rule. 661.153 Definitions. 661.154 Meetings. 661.155 Criteria for meetings. 661.156 Defense antitrust. 661.157 Defenses: Antitrust and breach of
contract. AUTHORITY: Emergency Petroleum Allocation Act of 1973, Pub. L. 93-159; Federal Energy Administration Act of 1974, Pub. L. 93-275, E.O. 11790, 39 FR 23185; FEO Order No. 4, 39 FR 9506; Governor of the Commonwealth of Puerto Rico, E.O. No. 2039; Constitution of the Commonwealth of Puerto Rico; Department of Consumer Affairs Organic Act, Law No. 5 of April 23, 1973, as amended.
SOURCE: 40 FR 10954, Mar. 10, 1975, unless otherwise noted.
Subpart A-General Provisions
$ 661.1 Purpose and scope.
(a) This part establishes the procedures to be utilized and identifies the sanctions that are available in proceedings before the DOCA in accordance with Part 660 of this subchapter.
(b) This subpart defines certain terms and establishes procedures that are applicable to each proceeding described in this part.
Assignment” means an action designating that an authorized purchaser be supplied a specified or an unspecified volume of a specified petroleum product by a specified supplier.
"Conference" means informal meeting, incident to any proceeding, between DOCA officials and any person aggrieved by that proceeding.
“Duly authorized representative” means a person who has been designated to appear before the DOCA in connection with a proceeding behalf of a person interested in or aggrieved by that proceeding. Such appearance may consist of the submission of applications, petitions, requests, statements, memoranda of law, other documents, or of a personal appearance, verbal communication, any other participation in the proceeding.
“EPAA” means the Emergency Petroleum Allocation Act of 1973 (Pub. L. 93-159).
"Exception" means the waiver or modification of the requirements of a regulation, ruling or generally applicable requirement under a specific set of facts.
"Exemption” means the release from the obligation to comply with any of the provisions of Part 660 of this subchapter, or any of the provisions of a subpart thereof.
“FEAA/" means the Federal Energy Administration Act of 1974 (Pub. L. 93-275).
“'Interpretation" means a written statement issued by DOCA in response to a written request, that applies the regulations, rulings, and other precedents previously issued by the DOCA to the particular facts of a prospective or completed act or transaction.
“Legal holiday” means the days specified in 1 L.P.R.A. 71.
“Notice of probable violation" means a written statement issued to a person by the DOCA that states one or more alleged violations of the provisions of Part 660 of this subchapter or any order issued pursuant thereto.
"Order" means a written directive or verbal communication of a written directive, if promptly confirmed in writing, issued by the DOCA. It may be issued in response to an application, petition or request for DOCA action or
8 661.2 Definitions.
The definitions set forth in Part 660 of this subchapter shall apply to this part, unless otherwise provided. In addition, as used in this part, the term:
“Action" means an order, interpretation, notice of probable violation, or ruling issued, or a rulemaking undertaken by the DOCA.
“Adjustment” means a modification of the base period volume or other measure of allocation entitlement in accordance with Part 660 of this subchapter.
“Aggrieved”, for purposes of administrative proceedings, describes and means person with interest sought to be protected under the FEAA) or EPAA who is adversely affected by an order or interpretation issued by the DOCA.