Chapter 4901:1-31 Opening Areas to Competition

4901:1-31-01 Opening areas to competitive retail natural gas service.

(A) All governmental aggregators or retail natural gas suppliers seeking an order from the commission ordering a natural gas company, with more than fifteen thousand customers in this state, to provide fully open, equal and nondiscriminatory distribution service to nonmercantile customers must file a petition to open markets (POM), which shall:

(1) Be in the format prescribed on the staff-approved POM form, which shall be available at the public utilities commission of Ohio's docketing division and electronically on the public utilities commission of Ohio's webpage web site (www.puco.ohio.gov).

(2) Include, if applicable, a copy of the ordinance or resolution authorizing the creation of the governmental aggregation.

(3) Include a statement of all facts that justify the granting of the POM.

(B) The legislative authority of a municipal corporation described in division (K)(2) of section 4929.01 of the Revised Code, upon the effective date of an ordinance adopted under Section 5 of Article XVIII of the Ohio Constitution, seeking an order from the public utilities commission of Ohio ordering a natural gas company, with fifteen thousand or more customers in this state, to provide distribution service on a fully open, equal and nondiscriminatory basis to mercantile and nonmercantile customers, shall file a POM, which shall:

(1) Be in the format prescribed on the staff-approved POM form, which shall be available at the public utilities commission of Ohio's docketing division and electronically on the public utilities commission of Ohio's web site (www.puco.ohio.gov).

(2) Include a statement of all facts that justify the granting of the POM.

(C) Fifteen copies of the POM shall be filed at the public utilities commission of Ohio. All POMs shall be filed in docket number XX-XXX-GA-POM. A copy of the POM shall be served upon the natural gas company.

(D) Public utilities commission of Ohio's review of POMs and any hearing held on said petitions shall be consistent with Chapter 4901-1 of the Administrative Code.

Effective: 04/13/2007
R.C. 119.032 review dates: 01/24/2007 and 11/30/2011
Promulgated Under: 111.15
Statutory Authority: 4929.29
Rule Amplifies: 4929.29 , 4929.26 , 4929.27
Prior Effective Dates: 7/4/02