Chapter 05 - Emergency Energy Conservation Plan

12.0501 Authority.

The executive order codified in this section and 12.0502 is issued under the authority of Section 6 of Article IV of the Revised Constitution of American Samoa and 15.0501 ASCA.

12.0502 Adoption of the American Samoa Emergency Energy Conservation Plan.

The American Samoa Emergency Energy Conservation Plan, attached hereto as Annex "A", is approved, adopted and incorporated by reference herein.

Annex A - Emergency Energy Conservation Plan

I. BACKGROUND

A. American Samoa is an island Territory totally dependent upon imported fuel -"imported" meaning transported via tanker from the mainland United States -for its development, economic well-being and the welfare of its people. Marlex Petroleum, Inc. (Marlex), the prime fuel supplier for the Territory, schedules tanker movements based on information received weekly from the local Marlex manager who, however, has no control over scheduling of replenishment tankers.

B. Since the OPEC oil embargo of 1974 the conservation of energy has been a priority goal of government and private interests. While there has been no repetition of that disruption, serious impairment of the supply of fossil fuels, upon which American Samoa is almost entirely dependent, remains a distinct possibility. Because of this, the Governor is granted Emergency Energy Management powers by Title 15, American Samoa Code Annotated (ASCA). This Title states that the Governor, "after proclaiming that an emergency exists which threatens to disrupt the social order, or imperil the health and safety of the people of American Samoa may, by rule or executive order:

(1) control, restrict, and regulate by rationing, freezing, use of quotas, allocations, prohibitions of shipments, price fixing, allocation, or other means the use, sale or distribution of fuel, petroleum products, or other sources of energy;

(2) prescribe and direct activities in connection with but not limited to use, conservation, salvage and prevention of waste of fuel or other sources of energy;

(3) take such other action as may be necessary for the management of energy resources during any emergency declared by the Governor."

C. Section 212, Title II of Public Law 96-102, the "Emergency Energy Conservation Act of 1979," requires the submission of an emergency energy conservation plan by each State or territory not later than 45 days after the President has published an energy conservation target for that State and, further, encourages submission of a plan in advance of the declaration of an emergency and publication of an energy conservation target by the President. He may establish such a target for anyone or more energy source(s).

D. The Director of the TEO will be responsible for the implementation of this Plan. He will establish procedures for monitoring of the Actions required under each Phase and for maintaining the necessary flow of information from suppliers to insure compliance. Additionally he is authorized to request, and shall be provided, such information as may be required to determine "normal" fuel and energy consumption levels as the basis for the various Phases of this Plan.

E. This Plan has been prepared in response to the above-cited ASCA Title and Federal Statute.

II. THE PLAN - GENERAL

A. Concept

1. The basic concept of the Plan is to establish targets (percentages) of fuel usage and/or demand, require the suppliers/major users (Marlex, Union, ASPA, Canneries, etc.) to meet these targets and advise the TEO of the methods used and the results. Basic fuel supply and usage information is in Appendix I. In summary, at normal usage rates and with the Marlex fuel farm and all other facilities filled to capacity, there is a:

a. 61 days supply of diesel fuel;

b. 63 days supply of jet fuel;

c. 79 days supply of unleaded motor gasoline;

d. 142 days supply of regular (leaded) gasoline;

e. 548 days supply of aviation gasoline. The greatest demand for fuel is for diesel fuel, followed by jet fuel, motor gasoline, aviation gasoline and others;

2. The Plan is divided into Phases of increasing stringency. When invoking the Plan the Governor may start with whichever Phase is deemed most suitable to the existing emergency. It is not required that Phases be followed in sequential order, or that complete Phases be implemented, because the various Phases may address shortages of different fuel stocks. Whenever any Phase, or part thereof, is implemented, all government-operated air conditioners, except those required for patient well-being at LBJ hospital and to safeguard equipment which is required to be operated within specified temperature/humidity parameters, shall be turned off.

B. Energy Emergencies

1. An energy emergency can be deemed to exist when:

a. A disruption in the tanker schedule occurs;

b. The President of the United States declares that a major disruption has occurred or is about to occur;

c. A state of national emergency or war is declared;

d. A man-made or natural disaster occurs, i.e. tank explosion, flood, hurricane.

2. In the event of a disruption in the tanker schedule, the Governor may invoke this plan, in whole or in part. The severity and duration of the supply disruption will be the primary factors determining the implementation of the Plan.

a. The local Manager of the Prime Supplier shall immediately advise the Director, TEO whenever there is a disruption in the tanker schedule. This advice will include the reason for disruption, such as a strike, mechanical failure, etc. and will include an estimate of the fuels remaining in days, at normal usage rates and the expected arrival date of the next tanker. This advice will be by telephone, with a confirming memorandum following.

b. Upon receipt of the above information, the Director of the TEO shall immediately notify the Governor with a recommendation regarding implementation of this Plan.

3. In the event the President declares that a disruption has occured or is anticipated, he may direct the Governor to meet certain mandatory fuel savings targets which will be determined by the President at that time. Upon receipt of such declaration the Governor shall invoke this Plan.

4. In the event a state of national emergency or war is declared, the Governor may invoke the Plan in advance of any direction by the Secretary of the Interior, the President or Congress.

5. In the event of a natural or man-made disaster, e.g. hurricane, fire, explosion, etc., the managers or other designated, responsible personnel in the organizations of the suppliers (Marlex, Union Oil) and the major users (ASPA, Star Kist, Van Camp) shall provide the Director, TEO with whatever applicable information he may require in order to advise the Governor regarding the implementation of this Plan. The Commissioner of Public Safety, as the Disaster Assistance State Coordinating Officer, shall provide such Damage Assessment information as pertains to fuel receiving/distribution capabilities as is available to assist in determining the need for Plan implementation.

6. The Commissioner of Public Safety is responsible for enforcing the limitations imposed by this Plan, as requested by the Director of the TEO.

C. Definitions. 

For purposes of this Plan, the following definitions apply:

1. Transient vessels are those vessels which are not registered and/or based in American Samoa, e.g., FORUM-Line vessels; Queen Salamasina.

2. Normal daily usage rate is a statistical average not adjusted for seasonal variations.

III. THE PLAN - PHASE I

A. In this Phase, public announcement of a disruption or impending reduction in supply is made by using all available media - TV, radio, OPI bulletin, newspaper, FAA communications, etc. - and voluntary reduction in consumption is requested.

IV. THE PLAN - PHASE 2

A. In this Phase a 10% reduction in energy and fuel usage will be required:

V. THE PLAN - PHASE 3

A. This Phase requires an additional 10% (based on normal daily rates) reduction, in energy and fuel usage. If Phase 2 has not been invoked, a 20% reduction is required.

VI. THE PLAN - PHASE 4

A. This Phase requires a further reduction of 20% of normal energy and fuel usage, or, if Phases 2 and/or 3 have not been previously invoked, a 40% reduction in usage. Because the canneries are of such importance to the economic health of the Territory, the total of the 40% reduction may require a greater cut in some sectors to maintain an acceptable level of cannery operation. This level will be determined by the Emergency Energy Conservation Task Force.

VII. THE PLAN - PHASE 5

A. In this Phase maximum energy and fuel savings will be required.

Appendix I - Fuel Consumption by Type

Thousands of gallons/day

Diesel Fuel

A planned increase of 4,746,000 gallons of storage capacity at the Utulei tank farm will, when completed, incr-ease the "days supply available" by approximately 40%. Completion is anticipated within the next year.

Jet Fuel

Motor Gasoline

Aviation Gasoline

Appendix II - Emergency Energy Conservation Task Force

I. GENERAL

The American Samoa Emergency Energy Conservation Plan, of which this Appendix is a part, requires, in Phase I, that an Emergency Energy Conservation Task Force be convened. The primary purpose of this Task Force is to advise the Governor regarding specific measures to be taken to conserve fuel in the event Phase V of the Plan is invoked. Phase V is the "extreme emergency" situation in which all fuel/ energy consuming activities other than those relating to public health and safety are to be severely curtailed. In addition, the Task Force may also make recommendations to the Governor regarding any Phase of the Plan.

II. MEMBERSHIP

The membership of the Task Force is:

Lieutenant Governor -Chairman

Director, Territorial Energy Office

Attorney General

Secretary of Samoan Affairs

Commissioner of Public Safety

Director, Department of Medical Services

Director, Department of Public Works

Director, Department of Port Administration

Director, Office of Public Information Executive

Director, American Samoa Power Authority

Member, Senate

Member, House of Representatives

Manager, Marlex Petroleum

Manager, Union Oil Company

Manager, Van Camp Seafood Co.

Manager, Starkist Samoa, Inc.

Chairman, Chamber of Commerce

Because it is expected that this Task Force will operate only in an emergency situation, attendance by the members at each meeting is required. If, for reasons of illness or being off-island, a member cannot attend he will designate an alternate to attend in his absence.

III. DUTIES AND RESPONSIBILITIES

The Task Force will convene initially at the call of the Governor and thereafter at the call of the Chairman. It shall:

A. Determine the level and distribution of electric power to be generated to satisfy public health and safety requirements. Advise the Executive Director, ASPA;

B. Determine and specify those vehicles which will be classified as emergency vehicles. Establish means of identification to permit issue of fuel. Advise Department/Agency heads concerned;

C. Determine priorities for water use and water hours; advise Director, Department of Public Works.

D. Examine all actions already implemented or planned under the Plan and recommend changes as the situation warrants.

E. Perform such other services relating to the energy emergency as may be required by the Governor.