4901:1-19-08 Hearings.

(A) Exemption case

(1) After notice and a period for public comment, the commission shall conduct a hearing upon an application by a natural gas company with fifteen thousand or more customers for an exemption of any commodity sales service or ancillary service from all provisions of Chapter 4905. (excepting section 4905.10 of the Revised Code), Chapter 4909., Chapter 4935., (excepting sections 4935.01 and 4935.03 of the Revised Code), from sections 4933.08, 4933.09, 4933.11, 4933.123, 4933.17, 4933.28, 4933.31, 4933.32 of the Revised Code, and from any rule or orders issued by the commission pursuant to those statutes. The commission may, upon its own motion, conduct a hearing upon such an application by a natural gas company with fewer than fifteen thousand customers. The applicant has the burden of proof as to the issues raised in a proceeding under this rule. At the hearing, the applicant shall establish either that:

(a) It is subject to effective competition with respect to the commodity sales service or ancillary service.

(b) The customers of the commodity sales service or ancillary service have reasonably available alternatives.

(B) Alternative rate plan case

(1) A hearing shall be held to consider an application filed pursuant to section 4929.05 of the Revised Code.

(2) Local public hearings shall be held in accordance with the criteria set forth in section 4903.083 of the Revised Code.

Effective: 11/10/2006
R.C. 119.032 review dates: 08/22/2006 and 09/30/2011
Promulgated Under: 111.15
Statutory Authority: 4929.10
Rule Amplifies: 4929.04, 4929.05
Prior Effective Dates: 3/24/97