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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