15-72-802. Definitions.

15-72-802. Definitions. As used in this subchapter, unless the context otherwise requires: (1) “Assignment” means an action taken by the Arkansas Energy Office of the Division of Environmental Quality, designating that a prime supplier of petroleum products supply them to an authorized consumer, wholesale purchaser-consumer, or wholesale purchaser-reseller to facilitate relief of emergency or hardship needs, pursuant to § 15-72-804; (2) “Broker” means a marketer of petroleum products who performs none of the basic marketing functions but normally brings buyer and seller together and receives a fee or commission for his or her services; (3) “Consumer” means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision, or other legal entity which purchases petroleum products for ultimate consumption in Arkansas; (4) “Director” means the Director of the Arkansas Energy Office; (5) “Firm” means any association, company, corporation, estate, individual, joint venture, partnership, or sole proprietorship or any entity however organized, including charitable or educational institutions and the United States Government, including federal corporations, departments, and agencies and state and local governments; (6) “Petroleum products” means propane, motor gasoline, blended fuels, kerosene, #2 heating oil, diesel fuel, kerosene-base jet fuel, naphtha-base jet fuel, and aviation gasoline; (7) “Prime supplier” means the supplier which makes the first sale of any petroleum product subject to the state set-aside into the state distribution system for consumption within the state. Notwithstanding the above, “prime supplier” shall not include any firm, or any part or subsidiary of any firm which supplies, sells, transfers, or otherwise furnishes any allocated product exclusively to utilities for generation of electric energy; (8) “Purchaser” means a wholesale purchaser or consumer, or both; (9) “Set-aside” means, with respect to a particular prime supplier, the amount of a petroleum product which is made available from the total supply of a prime supplier, pursuant to the provisions of § 15-72-804, for utilization by the office to resolve emergencies and hardships due to shortages or other dislocations in petroleum products distribution systems; and (10)(A) “Supplier” means any firm or any part or subsidiary of any firm, other than the United States Department of Defense, which supplies, sells, transfers, or otherwise furnishes any allocated product to wholesale purchasers or end users, including, but not limited to, refiners, importers, resellers, brokers, jobbers, and retailers. (B) Notwithstanding subdivision (10)(A) of this section, “supplier” shall not include any firm, or any part or subsidiary of any firm which supplies, sells, transfers, or otherwise furnishes any allocated product exclusively to utilities for generation of electric energy.