4901:1-34-06 Commission proceedings.

(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) The commission shall conduct such compliance or other proceeding in accordance with Chapter 4901-1 of the Administrative Code.

(C) 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.

(D) The commission shall hold an evidentiary 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.

(E) If, after a hearing, 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 Chapter 4901:1-27 or 4901:1-29 of the Administrative Code, this chapter, or any order adopted thereunder, the commission, by order:

(1) Shall require the natural gas company or retail natural gas supplier or governmental aggregator to comply with Chapter 4929. of the Revised Code, Chapter 4901:1-27 or 4901:1-29 of the Administrative Code, this chapter, or any commission order thereunder; and to undertake corrective action necessary to protect the public safety, reliability, and customer service. The commission is not restricted in the making of the compliance order by the terms of any proposed corrective action and/or forfeiture by the staff.

(2) May assess forfeitures upon a natural gas company or retail natural gas supplier of not more than one thousand dollars for each day of each violation. Each day's continuance of the violation is a separate offense.

(3) May revoke the certificate of a retail natural gas supplier or governmental aggregator.

(4) May direct the attorney general to seek enforcement of commission orders, including orders authorizing forfeitures, and appropriate remedies in court.

(5) May determine other appropriate remedies to protect the public safety, reliability, and customer service.

Effective: 04/13/2007
R.C. 119.032 review dates: 01/24/2007 and 11/30/2011
Promulgated Under: 111.15
Statutory Authority: 4929.24 , 4905.54
Rule Amplifies: 4929.01 , 4929.24 , 4905.05 , 4905.06 , 4905.26 , 4905.54
Prior Effective Dates: 7/4/02