Sec. 42-234. Abnormal market disruptions and prices of energy resources: Definitions; unconscionably excessive price prohibited; ability of Commissioner of Consumer Protection or courts to establish c
Sec. 42-234. Abnormal market disruptions and prices of energy resources:
Definitions; unconscionably excessive price prohibited; ability of Commissioner
of Consumer Protection or courts to establish certain 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.
(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) 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.)
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.