(HARTFORD) – Pursuant to Section 4 of Senate Bill 457, which was signed into law and became effective on April 3, 2012, the Attorney General hereby gives notice of an abnormal disruption in the market for energy resources. In accordance with Section 4 of Senate Bill 457, the inception date of the abnormal market disruption is Tuesday, April 3, 2012, at 12:00 p.m., and the end date is 11:59 p.m. on July 2, 2012. As used herein, “energy resources” and “abnormal market disruption” shall be defined as set forth in Conn. Gen. Stat. § 42-234, as amended by Senate Bill 457.
ATTORNEY GENERAL EXTENDS NOTICE OF REASONABLE ANTICIPATION OF IMMINENT ABNORMAL DISRUPTION IN MARKET FOR ENERGY RESOURCES
Due to Hurricane Irene’s continuing potential to affect fuel distribution and sale in the State of Connecticut, the Attorney General extends the notice issued on August 26, 2011, pursuant to Conn. Gen. Stat. § 42-234(d), of the reasonable anticipation of an imminent abnormal disruption in the market for energy resources. The end date of the imminent abnormal market disruption is extended to 5:00 pm on September 6, 2011. This end date is subject to further amendment as circumstances dictate. The full text of the amended notice is as follows:
AMENDED NOTICE OF REASONALBE ANTICIPATION OF IMMINENT ABNORMAL DISRUPTION IN MARKET FOR ENERGY RESOURCS
In light of anticipated impacts of Hurricane Irene on the State of Connecticut, the Attorney General hereby gives notice pursuant to Conn. Gen. Stat. § 42-234(d) of the reasonable anticipation of an imminent abnormal disruption in the market for energy resources. For purposes of this notice, the inception date of the imminent abnormal market disruption is August 26, 2011 at 1:00 pm, and the end date is 5:00 pm on September 6, 2011. The end date of the imminent abnormal market disruption is subject to amendment by further notice. As used herein, “energy resources” and “abnormal market disruption” shall be defined as set forth in Conn. Gen. Stat. § 42-234(a)(1) and § 42-234(a)(3), respectively.
See Conn. Gen. Stat. Conn. Gen. Stat. § 42-234.
Connecticut Gasoline Gouging Law!
Sec. 42-234. Abnormal market disruptions and prices of energy resources. Definitions. Unconscionably excessive price prohibited. Attorney General notice re abnormal market disruption. Ability of Commissioner of Consumer Protection or courts to establish acts or practices as unfair or unconscionable not limited. (a) As used in this section:
(1) “Energy resource” shall include, but not be limited to, middle distillate, residual fuel oil, motor gasoline, propane, aviation gasoline and aviation turbine fuel, natural gas, electricity, coal and coal products, wood fuels and any other resource yielding energy;
(2) “Seller” shall include, but not be limited to, a supplier, wholesaler, distributor or retailer involved in the sale or distribution in this state of an energy resource;
(3) “Abnormal market disruption” refers to any stress to an energy resource market resulting from weather conditions, acts of nature, failure or shortage of a source of energy, strike, civil disorder, war, national or local emergency, oil spill or other extraordinary adverse circumstance;
(4) “Margin” means, for each grade of product sold, the percentage calculated by the following formula: One hundred multiplied by a fraction, the numerator of which is the difference between the sales price per gallon and the product price per gallon and the denominator of which is the product price per gallon. For purposes of this subdivision, “product price per gallon” includes all applicable taxes;
(5) “Notice” means a posting made by the Attorney General pursuant to subsection (d) of this section announcing the inception and end date of any abnormal market disruption or the reasonable anticipation of any imminent abnormal market disruption. (b) No seller during any period of abnormal market disruption or during any period in which an imminent abnormal market disruption is reasonably anticipated shall sell or offer to sell an energy resource for an amount that represents an unconscionably excessive price.
(c) Evidence that (1) the amount charged represents a gross disparity between the price of an energy resource that was the subject of the transaction and the price at which such energy resource was sold or offered for sale by the seller in the usual course of business immediately prior to (A) the onset of an abnormal market disruption, or (B) any period in which an imminent abnormal market disruption is reasonably anticipated, and (2) the amount charged by the seller was not attributable to additional costs incurred by the seller in connection with the sale of such product, shall constitute prima facie evidence that a price is unconscionably excessive. (d) The Attorney General shall post a notice on the home page of the Internet web site of the office of the Attorney General announcing the inception and end date of any abnormal market disruption or the reasonable anticipation of any imminent abnormal market disruption.
(e) Notwithstanding the provisions of subsections (b) and (c) of this section, it shall not be a violation of this section if a seller sells or offers to sell motor gasoline during an abnormal market disruption or any period in which an imminent abnormal market disruption is reasonably anticipated if the seller’s average margin for such motor gasoline during the longer of the following: (1) Any such period of abnormal market disruption or imminent abnormal market disruption, or (2) thirty days following the date notice was provided by the Attorney General pursuant to subsection (d) of this section, is not greater than such seller’s maximum margin on the sale of such motor gasoline during the ninety-day period prior to the onset of the abnormal market disruption or period in which an imminent abnormal market disruption is reasonably anticipated.
(f) This section shall not be construed to limit the ability of the Commissioner of Consumer Protection or the courts to establish certain acts or practices as unfair or unconscionable in the absence of abnormal market disruptions.
(Oct. 25 Sp. Sess. P.A. 05-2, S. 10; Oct. 25 Sp. Sess. P.A. 05-4, S. 3; P.A. 10-176, S. 2.)
History: Oct. 25 Sp. Sess. P.A. 05-2 effective October 31, 2005; Oct. 25 Sp. Sess. P.A. 05-4 amended Subsec. (a)(3) to make a technical change, effective December 1, 2005; P.A. 10-176 amended Subsec. (a) to add Subdivs. (4) and (5) defining “margin” and “notice”, added new Subsec. (d) re Attorney General posting notice, added Subsec. (e) re average margin for sales or offers that are not a violation of section and redesignated existing Subsec. (d) as Subsec. (f), effective July 1, 2010.
(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)
Sec. 42-234a. Abnormal market disruptions and prices of energy resources: Civil actions by Attorney General; unfair trade practice. (a) The Attorney General, upon referral by the Commissioner of Consumer Protection, may bring a civil action in the superior court for the judicial district of Hartford against any person who violates any provisions of section 42-234 to recover a civil penalty of not more than ten thousand dollars per violation and such equitable relief as the court deems appropriate.
(b) The Attorney General, upon referral by the Commissioner of Consumer Protection, may bring a civil action in the superior court for the judicial district of Hartford against any person who knowingly violates any provision of section 42-234 to recover a civil penalty of not more than ten thousand dollars per violation, double damages and such equitable relief as the court deems appropriate.
(c) Notwithstanding the provisions of this section, any violation of section 42-234 shall be deemed to be an unfair trade practice within the provisions of chapter 735a.
GASDA as Part of Coalition writes US Senate and Congress to Enforce Dodd/Frank and Stop Speculation!
On the one year Anniversary of the Dodd-Frak Act, the Gasoline & Automotive Service Dealer’s of America, Inc. acting as a member of the Commodity Markets oversight Coalition, an independent, non-partisan and non-profit alliance of groups that represent commodity-dependent industries, businesses and end-users, including American consumers, today wrote leadership of the US Senate and US Congress to fully fund and defend reforms included in Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub.L. 111-203).