4901:5-25-02 General provisions.

(A) The rules contained in this chapter prescribe requirements to protect priority use. Gas suppliers shall comply with the rules of this chapter and commission orders adopted under this chapter.

(B) The institutional and regulatory relationship between jurisdictional utilities and the commission remains intact. Except as otherwise provided by this chapter or commission order during an energy emergency, each gas supplier shall comply with all applicable rules and requirements of the commission.

(C) In order to respond to shortages of gas, each gas supplier with tariffs on file with the commission shall file with the commission its curtailment plan that specifies the order of curtailments for all gas sales and transportation service to its consumers, and the interconnections and related capacities with other gas suppliers. Curtailment plans shall be established so as not to discriminate among consumers based upon the supplier of commodity. The plan shall consider curtailment options from both supply and capacity shortage scenarios. Gas suppliers shall also include, as part of their curtailment planning, a program of voluntary curtailment arrangements with consumers.

(D) Each curtailment plan shall be filed in the gas supplier's existing tariff filing docket or other docket, as designated by the commission. Each year after the initial filing, each gas supplier shall file, on or before September first, any revisions it is proposing to make to its curtailment plan. If no revisions are to be made, a statement to that effect shall be filed.

(E) In anticipation of an imminent energy emergency, or during a declared energy emergency, each gas supplier shall submit periodic reports, as required by the commission, regarding its pipeline supply entitlement, pipeline supply draw, amount of gas in storage, storage withdrawal, other interstate deliveries, estimates of Ohio-produced gas deliveries, estimated gas sendout, and other information that may be required by the commission to administer this chapter.

(F) Each gas supplier may disconnect service, through the use of qualified supplier employees or qualified contractors acting on the supplier's behalf, to nonpriority use consumers who fail immediately to disconnect or curtail consumption after notification by the gas supplier pursuant to this chapter.

(G) In anticipation of an imminent energy emergency or during a declared energy emergency, each gas supplier shall be required to answer commission staff's questions, as well as to update its company's contact information with the commission.

(H) The commission's fuel source advisory council may notify and advise the chairperson of the commission about gas supply problems and shortages and may make recommendations, including the need for the governor to declare an energy emergency and to implement rule 4901:5-25-05 of the Administrative Code.

(I) The chairperson of the commission shall notify the governor when, based on the information available to the chairperson, the chairperson believes that either of the following conditions exists:

(1) An energy emergency may exist with regard to the supply of gas.

(2) An energy emergency no longer exists with regard to the supply of gas.

(J) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

(K) The commission may direct the attorney general to bring an action for immediate injunction or other appropriate relief to enforce commission orders and to secure immediate compliance with this chapter.

Effective: 11/04/2012
R.C. 119.032 review dates: 08/20/2012 and 11/30/2016
Promulgated Under: 111.15
Statutory Authority: 4935.03
Rule Amplifies: 4935.03
Prior Effective Dates: 6/24/78, 11/1/80, 7/2/84, 4/16/1987, 2/11/1994, 2/27/2010