The Mayor is hereby granted the authority to order the implementation of the provisions of this chapter at such times as the General Manager determines that the Department’s fuel or capacity situation is, or appears that it may soon become, critical. Said order shall be made in writing and shall identify the applicable provisions and/or phases of the provisions of this chapter which are to be implemented and shall state with specificity the peak demand hours of the day during which the capacity curtailment provisions of Article III shall be in effect.
The Mayor shall have the discretionary authority to waive the monetary penalty provisions set forth in Section 134.02 and, if so waived, shall state such waiver in order implementing this chapter.
At such time as the General Manager determines the Department’s fuel or capacity situation is no longer critical or likely to become critical, he shall so notify the office of the Mayor who may order that the applicable provisions and/or phases of the provisions of this chapter, whichever may be in effect at the time of said order, shall no longer be in effect until further order is made in a like manner.
The Mayor may also order implementation of the provisions of this chapter at such times as the Governor of the State declares there is to be a state of emergency caused by a severe energy or capacity shortage pursuant to the California Emergency Services Act.
At such time as any provision of this chapter may be ordered to provide capacity, energy or both to another electric utility, the General Manager shall provide the Mayor with a written estimate of the cost to be incurred by the Department as the consequence of the Mayor’s order and a description of the method by which these costs will be recovered, whether by money, capacity, energy or a combination thereof.
This section shall not be construed as prohibiting the Department, in its sound discretion, from responding to an emergency call for assistance by another electric utility within normal operating procedures.
The City Council may, by a majority vote, ratify any order made by the Mayor in implementing this chapter or may, by a two-thirds vote, rescind any such order, or part thereof.
All orders made pursuant to this chapter shall be by public proclamation, and shall be published one (1) time in a daily newspaper of general circulation. All such orders shall become effective immediately upon such publication or upon personal notice to the customer, whichever first occurs. Upon the suspension of Phase II provisions as herein provided, the provisions of Phase I shall likewise be immediately suspended unless specifically reinstated in the order.