Chapter 4901:5-33 Transportation Fuel Emergency

4901:5-33-01 Definitions.

As used in this chapter:

(A) "Commission" means the public utilities commission of Ohio.

(B) "Consumer" means a person who consumes transportation fuel.

(C) "Customer" means a person legally responsible to pay for transportation fuel.

(D) "Energy emergency" means:

(1) The governor has filed a written declaration of an energy emergency pursuant to section 4935.03 of the Revised Code, having found that the health, safety, or welfare of the residents of this state or of one or more counties of this state is so imminently and substantially threatened by an energy shortage with regard to transportation fuel that immediate action of state government is necessary to prevent loss of life, protect the public health or safety, and prevent unnecessary or avoidable damage to property.

(2) Such written declaration is in effect and has not been terminated.

(E) "Fuel source advisory council" means the advisory group formed by the chairperson of the commission to monitor and advise the commission concerning fuel supply or energy shortages and related matters.

(F) "Hardship" means actual or threatened conditions of substantial discomfort and/or economic dislocation.

(G) "Nonpriority use" means all use of transportation fuel other than priority use.

(H) "Person" means an individual, corporation, business trust, estate, trust, partnership, state or federal agency, or association.

(I) "Priority use" means the minimum amount of transportation fuel necessary, for protection of the public's health and safety, and for prevention of unnecessary or avoidable damage to:

(1) Police and firefighting facilities, emergency management and response facilities, military bases, federal facilities essential to national defense, Ohio national guard facilities, and the Ohio department of public safety.

(2) Utility, water supply, emergency road works, sanitation maintenance and repair, and emergency road service vehicles and related equipment.

(3) Public transit vehicles, United States mail vehicles, buses, taxis, school buses, other common passenger carriers, and air, water, rail, or highway vehicles and related equipment.

(4) Farm food production machinery and equipment.

(5) Commercial motor vehicles and other carriers of essential needs such as coal, artificial or synthetic gas, propane, petroleum fuel, perishable medicines and medical supplies, dairy products, meat, fish, poultry, eggs, produce, grain, breads, and livestock and poultry feed.

(6) Nonvehicular stationary use required for any priority use designated in rule 4901:5-29-01 of the Administrative Code.

(7) Such other similar items as may be determined by the commission to be a priority use.

(J) "Transportation fuel" means all petroleum-based fuel that is used for internal combustion or other types of transportation vehicles or equipment, specifically including but not limited to, gasoline, diesel, aviation gasoline, jet fuel, and fuel used by railroad locomotives and track mounted equipment; but excluding kerosene, number two heating oil, number four heating oil, number six heating oil, naphtha, butane, ethane, methane, pentane, and all cutting oil, lubricating oil, and solvents.

(K) "Transportation fuel supplier" or "supplier" means:

(1) A transportation fuel company owned by a municipal corporation.

(2) Any producer, broker, or person engaged in the business of supplying transportation fuel within this state.

(3) Any person that owns, operates, manages, controls, or leases intrastate storage of transportation fuel.

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, 1/7/83, 7/2/84, 4/16/1987, 5/19/1991, 1/22/1998, 2/27/2010

4901:5-33-02 General provisions.

(A) The requirements of this chapter are keyed to the remaining supply of transportation fuel for priority use. The commission expects suppliers to take all prudent measures prior to reaching the stages of action under this chapter. Once the stages of action are reached, all suppliers shall initiate and continue implementation of required actions until directed to do otherwise.

(B) Suppliers shall continue normal operations and distribution of all transportation fuel types and volumes reported on monthly forms submitted to the United States department of energy and the commission, following a declaration of an energy emergency. Pursuant to all federal and state laws and regulations, suppliers shall assure, to the extent reasonably possible, the provision of such products under their distribution control to ultimate Ohio consumers for priority use and shall reduce, on an equitable basis, the provision of such products under their distribution control to their reseller customers and/or to consumers for nonpriority use.

(C) Compliance with the rules in this chapter is mandatory upon all affected persons unless the federal government imposes allocation regulations, enacts federal regulations establishing a state set-aside system, or dictates supplier/purchaser relationships, any of which are in conflict with these rules. In the case of a conflict, the federal regulations supersede all conflicting rules in this chapter.

(D) During an energy emergency, in the exceptional circumstance in which a supplier is unable to meet fully its consumers' priority use requirements for the current calendar month from volumes available to it, the commission may provide assistance in obtaining adequate product for priority use for the balance of the current month. Each supplier that has an inadequate supply of product for its consumers' priority use requirements for the current calendar month shall notify the commission of the number, names, product type, and volume required for priority use consumers beyond the capability of the supplier.

(E) During an energy emergency, the commission may accept requests for such assistance for relief of verifiable consumer hardship or extraordinary conditions. Such requests may be accepted by the commission from suppliers who would supply the affected consumer or from the consumer. All requests shall be submitted in a manner and form prescribed by the commission and shall comply with any applicable federal and state laws, regulations, and guidelines.

(F) During an energy emergency, the commission may establish a toll-free telephone number for consumers in this state to request such assistance for relief from verifiable emergency or hardship conditions.

(G) During an energy emergency, the commission may designate as priority use the volume of such product necessary to relieve consumer emergency or hardship conditions found to be extant and may request the consumer's supplier to provide such product volume to the consumer, provided the consumer offers fair compensation.

(H) During an energy emergency, if the commission finds that a supplier has insufficient product to provide for all consumers' priority use requirements in the current month and/or is unable to provide product for consumers who, facing emergency or hardship conditions, have had priority use designation by the commission, the commission may request another supplier to provide product.

(I) During an energy emergency, each supplier that has a surplus supply of product for its consumers' priority use requirements for the current calendar month shall honor, to the extent reasonably possible, requests by the commission to provide product to consumers that are not its customers for their priority use requirements for the balance of the current month, provided all of the following standards are met:

(1) Fair compensation is offered by the new priority use consumers.

(2) The new priority use consumers can substantiate their priority use requirements.

(3) No threat to the life, property, health, or safety of the supplier's customers would result.

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

(K) The commission's fuel source advisory council may notify and advise the chairperson of the commission about transportation fuel supply problems and shortages and may make recommendations, including the need for the governor to declare an energy emergency and to implement rule 4901:5-33-04 of the Administrative Code.

(L) 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 transportation fuel.

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

(M) 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.

(N) 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, 1/7/83, 7/2/84, 4/16/1987, 5/19/1991, 1/22/1998, 2/27/2010

4901:5-33-03 Enforcement on governor's instruction.

(A) No rule shall be implemented and no person shall be penalized under any rule in this chapter, other than paragraphs (A), (C), and (J) to (N) of rule 4901:5-33-02 of the Administrative Code, until the governor, by executive order, during a declared energy emergency, specifically designates by rule number and title which rule or rules are to be implemented and enforced and fixes the date and time after which the named rule or rules shall be implemented or enforced.

(B) Alternatively, the governor may request, under section 4935.03 of the Revised Code, that the commission issue and enforce orders effecting the implementation of 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, 4/16/1987, 2/27/2010

4901:5-33-04 Actions taken upon declaration of an energy emergency.

(A) Voluntary curtailment. Upon declaration of an energy emergency by the governor, or at such time as it is otherwise determined by the governor to be appropriate, the following provisions shall become effective:

(1) The commission may implement, or cause to be implemented, a public appeals campaign through appropriate news media to alert the public to the impending shortage of transportation fuel. This appeal may seek voluntary reductions in the consumption of such fuel and may include specific suggested conservation measures for achieving such reductions.

(2) The governor may request that federal priority be given to all air, rail, barge, and pipeline traffic of essential fuel supplies into this state or a region of this state affected by the energy emergency.

(3) The governor may request the federal department of transportation to suspend federal limits on highway drivers' hours of service for transportation fuel delivery for the duration of the energy emergency.

(4) The Ohio department of transportation may be requested to suspend truck size and weight limitations that constrain the delivery of transportation fuel for the duration of the energy emergency.

(5) The governor may suspend intrastate common carrier weight and log limitations and waive economic permits and fees that constrain the delivery of transportation fuel for the duration of the energy emergency.

(6) The Ohio state highway patrol and all political subdivisions may be requested to enforce existing speed limits and traffic regulations strictly.

(7) Each supplier, to the extent possible, shall notify any of its consumers for whom forecasted fuel supplies are inadequate for the foreseeable future, and shall provide its consumers information on:

(a) Actions the supplier will take to allocate the available supply of fuel(s).

(b) The time period(s) in which any consumer or class of consumers would be subject to curtailment, allocation, or other restriction of fuel supply.

(c) Procedures to be followed by consumers wishing to substantiate a claim for priority use.

(8) Each supplier shall report to the commission the information the commission determines necessary to manage the energy emergency.

(9) The commission may calculate the remaining supply of each fuel for priority useconsumers.

(10) A suplier's highest priority shall be to meet in full the transportation fuel product priority use requirements for the current calendar month of all consumers of record from such supplier's available volumes. Suppliers shall reduce sales and/or deliveries to customers for nonpriority use sufficiently to assure that all consumers' priority use requirements for the balance of the current calendar month are met in full.

(11) The commission may designate certain geographical areas within the state as suffering from a supply imbalance. The commission may order suppliers to release part or all of their state set-aside volume, as determined in Chapter 4901:5-35 of the Administrative Code, in order to increase the supply of transportation fuel in such designated areas. Orders issued pursuant to this paragraph shall be in writing and effective immediately upon issuance. Such orders shall represent an option on the supplier's set-aside volumes for the month of issuance regardless of the fact that delivery cannot be made until the following month.

(B) Mandatory curtailment - stage one. During an energy emergency, at such time as the governor or the commission determines that it is appropriate, the following provisions shall become effective in addition to the provisions set forth in paragraph (A) of this rule:

(1) The commission may issue directives to suppliers such that they shall be prohibited from selling directly to nonpriority use consumers, or selling for resale for use other than for priority use.

(2) The commission may issue directives to each electric and gas utility thatrequires transportation fuel in order to provide service to the public.

(3) The commission may:

(a) Monitor each supplier's stock and the supply of transportation fuel remaining for each type of priority use.

(b) Determine the average day's supply of transportation fuel remaining for each type of priority use.

(c) Identify suppliers with surplus volumes of fuel in excess of their consumers' priority use requirements.

(d) Provide direct assistance to consumers experiencing emergency conditions through the allocation of product from the state set-aside, as set forth in Chapter 4901:5-35 of the Administrative Code.

(e) Take other actions it considers to be reasonable and appropriate.

(4) Suppliers, regardless of whether or not they have surplus supply, may be directed to sell fuel to consumers who are not customers of that supplier, for priority use required to alleviate such consumers' hardship or extraordinary need.

(5) The Ohio emergency management agency may be requested to:

(a) Establish and maintain a central emergency operations center staffed with appropriate persons from state, local, and other agencies for the purpose of providing coordinated responses to threats to life, property, public health, or safety.

(b) Plan the necessary administrative and logistical capability to support delivery of, and to provide security for the movement of, transportation fuel to designated priority use consumers, where life, property, public health, or safety is threatened.

(c) Establish and maintain communications with emergency managers within each county in the geographic area for which the governor declared an energy emergency, for the purpose of providing coordinated local responses to threats to life, property, public health, or safety.

(6) With respect to sale and use of transportation fuel:

(a) The use of state, political subdivision, or other public authority vehicles for other than priority use purposes may be prohibited.

(b) The retail sale of transportation fuel for nonpriority use may be prohibited for not more than two days per week.

(c) All or some industrial nonpriority use of transportation fuel may be prohibited.

(7) The commission may be requested to accept applications from suppliers regarding priority use. Such applications shall be in a manner and form prescribed by the commission.

(C) Mandatory curtailment - stage two. During an energy emergency, at such time as the governor or the commission determines that it is appropriate, the following provisions shall become effective in addition to the provisions set forth in paragraph (B) of this rule:

(1) Nonpriority use of transportation fuel may be prohibited within the time frame determined by the governor or the commission.

(2) Any nonpriority use transportation fuel consumer other than a public authority, with a storage capacity of ten thousand gallons or more, may be required to report to the commission, within the time frame determined by the governor or the commission, the current product type and volume stockpiled.

(3) With respect to sale and use of transportation fuel:

(a) Retail gasoline and diesel fuel stations may sell gasoline or diesel fuel only in accordance with the following procedures:

(i) On even-numbered days of the month, fuel may be sold to and purchased by the operator or occupant of a vehicle having a license plate, the last numeral of which is even. For purposes hereof, the numeral zero shall be even.

(ii) On odd-numbered days of the month, fuel may be sold to and purchased by the operator or occupant of a vehicle having a license plate the last numeral of which is odd.

(iii) A vehicle having a license plate with no numerals shall be odd or even based on the number of letters on the license plate.

(iv) A "free day" is a day when odd and even sales and purchases are permissible. The thirty-first day of January, March, May, July, August, October, and December and the twenty-ninth day of February (leap year) are designated as "free days."

(b) Service stations shall estimate the amount of each fuel they can pump each day and remain open for limited hours of operation. Based on this amount of fuel(s) available to them each day, each service station shall have prominently displayed a sign visible from the street indicating that:

(i) The station is out of gasoline but open for other business.

(ii) Gasoline sales are limited to priority use and emergencies.

(iii) Gasoline sales will be made to license plate holders with odd-numbered digits.

(iv) Gasoline sales will be made to license plate holders with even-numbered digits.

Service station operators may display different signs at different times of day at their discretion.

(c) Retail gasoline station customers shall be required to purchase a minimum amount of gasoline for automobiles. The specific minimum purchase volume shall be set by the governor or the commission, based on the extent of the energy emergency.

(d) The commission may designate certain transportation fuel supply terminals, bulk supply plants, and/or retail service stations or portions thereof as priority use supply only. One-time emergency fuel needs and priority use needs of consumers without suppliers shall be met at these designated locations.

(e) Not more than two gallons of transportation fuel may at any time be sold or purchased for delivery into a container other than the fuel tank of a vehicle, to be transported away from the premises of the retail seller. Nothing in this paragraph shall be construed to authorize the sale of gasoline in any container not satisfying applicable safety requirements.

(f) The application of this rule may exclude any person or class necessary to avoid threat to life, property, public health, or safety.

(4) All persons shall report stocks of transportation fuel to the commission.

(D) Mandatory curtailment - stage three. During an energy emergency, at such time as the governor or the commission determines that it is appropriate, the following provisions shall become effective in addition to the provisions set forth in paragraph (C) of this rule:

(1) No consumer may use transportation fuel for other than priority use.

(2) Transportation fuel product stocks in excess of priority use requirements for the following ten-day period, currently stockpiled by suppliers and consumers specified in paragraph (C)(2) of this rule, may be made available for assignment to designated priority use consumers.

(3) With respect to sale and use of transportation fuel in this state:

(a) No person shall sell, store, deliver, or use any transportation fuel for other than priority use.

(b) Gasoline and diesel stations may only sell transportation fuel for priority use.

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, 1/7/83, 7/2/84, 4/16/1987, 5/19/1991, 1/22/1998, 2/27/2010

4901:5-33-05 [Rescinded]Second stage actions.

Effective: 02/27/2010
R.C. 119.032 review dates: 10/20/2009
Promulgated Under: 111.15
Statutory Authority: 4935.03
Rule Amplifies: 4935.03
Prior Effective Dates: 4/16/1987, 5/19/1991, 1/22/1998

4901:5-33-06 [Rescinded]Third stage actions.

Effective: 02/27/2010
R.C. 119.032 review dates: 10/20/2009
Promulgated Under: 111.15
Statutory Authority: 4935.03
Rule Amplifies: 4935.03
Prior Effective Dates: 4/16/1987, 1/22/1998

4901:5-33-07 [Rescinded]Fourth stage actions.

Effective: 02/27/2010
R.C. 119.032 review dates: 10/20/2009
Promulgated Under: 111.15
Statutory Authority: 4935.03
Rule Amplifies: 4935.03
Prior Effective Dates: 4/16/1987, 5/19/1991, 1/22/1998