PTI Local Government Energy Assurance Guidelines - Metropolitan ...

Key Questions
…in Knowing Emergency Authorities
There are many legal authority questions a local government should identify and answer. The
questions, and their answers, will vary based on the jurisdiction and the type of energy emergency.
What follows is a list of questions that serve as a starting point. Depending on the extent and nature
of the local EAP, some of these questions might be relevant and others might assist in identifying
other germane questions.
1. In an energy emergency, who is in charge of response—the elected official, the local body or
governing board, or a previously appointed administrative official?
2. What legal contracts and unofficial arrangements with energy sector service providers must
be followed during an energy emergency, and should these contracts be updated as part of the
EAP?
3. Is there in place a local incident command system that is recognized by the Federal government
as being consistent with the NIMS, thus making the locality eligible for Federal emergency
funding?
4. Who has the authority to declare an energy emergency, and what laws and actions relevant to
energy supply are triggered when that person acts?
5. Has the locality reviewed its police authority to protect critical infrastructure (buildings, water
processing facilities, communications facilities and towers, tunnels, utility transmission lines
and distribution stations, bridges, roads, etc.), and if so, how does this authority work?
6. Are there any emergency legal restrictions in any unique areas (utility easements, waterways,
wetlands, private roads, private land, etc.) that should be considered during an energy
emergency?
7. How do Freedom of Information and Open Meeting laws apply to energy emergencies and
energy planning?
8. What limits are there on boards, city councils, or executive officials when it comes to making
energy decisions during an emergency?
9. What triggers special contracting authority—for a mutual aid agreement for example— in an
energy emergency? This can be necessary to ensure that response/recovery resources from
neighboring jurisdictions can be acquired and compensated as required.
10. Has the extent of government liability during an energy emergency been fully determined?
11. Do local planners know, and have they assembled in one place, all applicable State and Federal
laws that come into play during an energy emergency?
12. Is the local government home rule?
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