28-485. Assignment of set-aside
A. If a shortage has been declared the department may order, at any time during the
month, the assignment of all or part of a prime supplier's set-aside volume through a
terminal facility.
B. The department shall assign set-aside to meet shortages of unblended gasoline
available to blenders. The department shall issue an order pursuant to this section in
writing. The order is effective fifteen days after presentation to the prime
supplier. The order represents a call on the prime supplier's set-aside volume for the
month of issuance, even if delivery cannot be made until the following month.
C. The department may assign set-aside for use in the month of issuance if an
applicant can demonstrate that a shortage is faced that requires immediate attention and
if the department gives fifteen days' notice to the prime supplier. The department
shall:
1. By the twentieth day of the month, make an initial determination as to how much
of the set-aside not allocated by the twenty-fifth day of the month will revert to the
prime supplier.
2. On the twenty-fifth day of the month, notify the prime supplier of the amount of
set-aside that reverts to the prime supplier.
D. If possible, the department shall assign all unblended gasoline made available
to an applicant to the applicant's normal prime supplier.
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