Chapter 4901:5-23 Coal Emergency

4901:5-23-01 Definitions.

As used in this chapter:

(A) "Coal supplier" means all prime coal suppliers, wholesale purchaser resellers, and other persons who sell or resell coal to consumers.

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

(C) "Consumer" means a person who consumes coal at a specified location.

(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 the supply of coal 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 coal 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 coal necessary for protection of the public's health and safety, and for prevention of unnecessary or avoidable damage to:

(1) Residences (including, but not limited to, homes, apartments, nursing homes, institutions, and facilities for permanent residents or transients).

(2) Hospitals.

(3) Medical and human life-support systems and facilities.

(4) Electric power generating facilities and central heating plants serving the public.

(5) Telephone, radio, television, and newspaper facilities.

(6) Local and suburban transit systems and air terminal facilities.

(7) Police and firefighting facilities, emergency management and response facilities, military bases, federal facilities essential to national defense, and Ohio national guard facilities.

(8) Water supply and pumping facilities.

(9) Sanitary service facilities for collection, treatment, or disposal of community sewage.

(10) Production facilities for natural gas, artificial or synthetic gas, propane, and petroleum fuels, and fuel refineries.

(11) Pipeline transmission and distribution facilities for natural gas, artificial or synthetic gas, propane, and petroleum fuels.

(12) Coal mines and related facilities.

(13) Production, processing, distribution, and storage facilities for perishable medicines and medical supplies, dairy products, meat, fish, poultry, eggs, produce, grain, breads, and livestock and poultry feed.

(14) Buildings and facilities, limited to protecting the physical plant and structure, appurtenances, equipment, product inventories, raw materials, livestock, and other real or personal property.

(15) Such other similar facilities as may be determined by the commission to be a 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, 7/2/84, 4/16/1987, 2/27/10

4901:5-23-02 General provisions.

(A) Emergency rules to respond to fuel shortages threatening electric generation and consumer power supplies are found in Chapter 4901:5-19 of the Administrative Code. The rules contained in Chapter 4901:5-23 of the Administrative Code cover the availability of coal for use other than electric power generation. The requirements of Chapter 4901:5-23 of the Administrative Code are keyed to the remaining supply of coal.

(B) The actions required of coal suppliers in Chapter 4901:5-23 of the Administrative Code shall be implemented by the coal suppliers to the extent reasonably possible.

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

(D) The commission's fuel source advisory council may notify and advise the chairperson of the commission about coal supply problems and shortages and may make recommendations, including the need for the governor to declare an energy emergency and to implement rule 4901:5-23-04 of the Administrative Code.

(E) 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 coal.

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

(F) Nothing in this rule shall preclude a coal supplier, after notification to the commission, from initiating its curtailment plans prior to commission directive, in order to meet operational needs.

(G) 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.

(H) 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, 7/2/84, 4/16/1987, 2/27/2010

4901:5-23-03 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 (B) to (H) of rule 4901:5-23-02 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, 2/27/10

4901:5-23-04 Actions taken upon declaration of an energy emergency.

(A) Voluntary curtailment. Upon declaration of an energy emergency by the governor, the following provisions shall be applicable.

(1) Each coal supplier shall:

(a) Contact its consumers and alert them to the declaration of an energy emergency and impending shortage of coal.

(b) Appeal to its consumers to reduce their consumption of coal on a voluntary basis. The appeals shall, where appropriate, include suggestions for achieving such reductions by all coal consumers.

(c) Notify any of its consumers for whom its forecasted coal supplies are inadequate for the foreseeable future.

(d) Provide its consumers information regarding:

(i) Actions that the coal supplier will take to allocate the available coal supply.

(ii) The time period(s) during which any consumers or class of consumers is expected to be subject to curtailment, allocation, or other restriction of coal supply.

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

(2) Each coal supplier maintaining stocks of coal shall:

(a) Report to the commission information that the commission determines necessary to manage the energy emergency.

(b) Make an oral report to the commission by telephone, at least twice weekly, at such time as it has an inadequate supply of coal for the foreseeable future. This report shall reflect the situation for the reporting supplier as of the previous day. Telephonic reports shall be made as prescribed by the commission.

(3) The commission may:

(a) Calculate the remaining coal supply for priority use, other than electric power generation, in a reasonable manner.

(b) Provide information to suppliers and consumers regarding appropriate coal conservation measures.

(c) Provide public service announcements on television or other media regarding the declaration of an energy emergency and the impending shortage of coal.

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

(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 be applicable in addition to the provisions set forth in paragraph (A) of this rule:

(1) Each coal supplier shall be prohibited from selling directly to consumers, or selling for resale, for use other than priority use.

(2) The commission may:

(a) Monitor each coal supplier's stock and the supply available for priority use.

(b) Determine the average number of days of coal supply remaining for each type of priority use.

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

(d) Provide direct assistance in obtaining coal supply for consumers with inadequate coal for priority use.

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

(3) Suppliers may be directed by the commission to sell coal to consumers that are not its customers for priority use required to alleviate such consumers' hardship or extraordinary need.

(4) 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, coal 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.

(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 be applicable in addition to the provisions set forth in paragraph (B) of this rule:

(1) All use of coal other than priority use shall be prohibited in five days.

(2) Each coal consumer of more than ten thousand tons per annum, other than electric generating companies, shall report to the commission within five days the number of tons and type of coal stockpiled and any priority use for which this coal is required.

(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 be applicable in addition to the provisions set forth in paragraph (C) of this rule:

(1) No consumer shall use coal for other than priority use.

(2) Each coal supplier with forecasted coal stocks in excess of its consumers' priority use requirements for the foreseeable future shall inform the commission of the volume of coal available for assigned priority use consumers.

(3) The commission may be requested to accept applications from persons requiring coal for priority use and whose supplier is unable to oblige. Such applications shall be in a form and manner to be prescribed by the commission or its designee.

(4) The commission shall be responsible for approval or denial of all applications for emergency priority use coal allocations. Upon approval of an application, the commission may:

(a) Authorize, by pre-approved procedure, the release of an appropriate amount of coal from a state stockpile and order delivery by state vehicle to the applicant consumer, who will be billed at cost by the state for coal received.

(b) Assign the consumer, as a temporary priority use consumer, to an appropriate coal supplier and order the supplier to provide delivery.

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, 7/2/84, 4/16/1987, 2/27/10

4901:5-23-05 [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

4901:5-23-06 [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

4901:5-23-07 [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