(A) The commission may initiate a compliance or other proceeding upon its own initiative, after an incident has occurred, after a complaint is filed pursuant to section 4905.26 of the Revised Code, or after a staff notice of probable noncompliance is served.
(B) Unless otherwise ordered by the commission or an attorney examiner, the staff shall file with the commission and serve upon the natural gas company, retail natural gas supplier, or governmental aggregator a written report of investigation (investigative report) in each proceeding within forty-five days after the commission issues an entry initiating a compliance proceeding. The investigative report shall present:
(1) The findings on any alleged noncompliance specified in any staff notice or amended staff notice, which also may include:
(a) Noncompliances not included in any staff notice or amended staff notice, provided that such additional noncompliances relate to the same incident, investigation, or safety audit(s) referenced in the initial or amended staff notice.
(b) Staff's findings on the natural gas company's, retail natural gas supplier's, or governmental aggregator's practices and policies.
(2) Staff's recommendations for commission action.
(C) The commission will provide reasonable notice and an opportunity for hearing on all proceedings initiated under this rule. The hearing may include evidence on the issues of proposed corrective action, compliance orders issued by the commission, forfeitures, enforcement of a commission order, and other remedies.
(D) If the commission finds a natural gas company, retail natural gas supplier, or governmental aggregator has violated or is violating Chapter 4929. of the Revised Code, or the rules and standards in Chapter 4901:1-13, 4901:1-27, 4901:1-28, 4901:1-29, or 4901:1-34 of the Administrative Code, and/or this chapter, or any order of the commission, the commission may, after an opportunity for hearing, impose the necessary remedies as set forth in rule 4901:1-34-08 of the Administrative Code.
Five Year Review (FYR) Dates: 07/30/2019
Promulgated Under: 111.15
Statutory Authority: 4929.10, 4929.24, 4905.54
Rule Amplifies: 4905.05, 4905.06, 4905.26, 4905.54, 4929.01, 4929.24
Prior Effective Dates: 7/4/02, 4/13/07