Chapter 4901:5-19 | Fuel Emergency

Rule 4901:5-19-01 | Definitions.

• Effective: February 15, 2018
• Promulgated Under: 111.15

As used in this chapter:

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

(B) "Consumer" means a person who consumes electric energy.

(C) "Electric power producer" means a person, municipality, or governmental or political subdivision, located in this state and engaged in the business of generating electricity for lighting, heat, or power purposes.

(D) "Electric provider" means any:

(1) Electric distribution utility, as defined in division (A) of section 4928.01 of the Revised Code.

(2) Municipal electric utility, as defined in division (A) of section 4928.01 of the Revised Code.

(3) Electric cooperative, as defined in division (A) of section 4928.01 of the Revised Code.

(4) Electric services company, as defined in division (A) of section 4928.01 of the Revised Code, that is subject to certification under section 4928.08 of the Revised Code.

(E) "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 fuel for electric power generation 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; and

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

(F) "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.

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

(H) "Normal usage" means the level of electric energy consumption during the comparable period during the previous year, adjusted for weather or other major changes in usage.

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

(J) "Priority use" means the minimum amount of electric energy 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.

Last updated July 17, 2023 at 12:14 PM

Supplemental Information

Authorized By: 4935.03
Amplifies: 4935.03
Five Year Review Date: 6/26/2028
Prior Effective Dates: 6/24/1978, 7/2/1982, 11/4/2012

Rule 4901:5-19-02 | General provisions.

• Effective: July 7, 2023
• Promulgated Under: 111.15

(A) The requirements of this chapter are intended to provide the governor with the means of managing, on a statewide basis, a continuing fuel shortage. It is expected that electric providers and electric power producers will take all prudent measures prior to reaching mandatory action levels under rule 4901:5-19-05 of the Administrative Code.

(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 electric provider and electric power producer shall comply with all applicable rules and requirements of the commission.

(C) Measures required by the governor under these rules, implemented or enforced pursuant to rule 4901:5-19-03 of the Administrative Code, shall prevail over any existing requirements of the commission inconsistent with said measures.

(D) All actions required in this chapter are intended to be implemented by each electric provider and electric power producer to the extent reasonably possible. Actions ordered of consumers stay in effect until terminated or changed. Electric power producers are not required to take any action that may adversely impact the safety of plant personnel or plant equipment.

(E) In anticipation of an imminent energy emergency or during a declared energy emergency, the commission may order all electric power producers having a generating capacity of fifty megawatts or more to submit to commission staff a weekly report of electric supply adequacy. Upon request of the chairperson of the commission, the report of electric supply adequacy shall be submitted daily. The report shall contain the following information:

(1) Name of unit and megawatt output under normal operating conditions.

(2) The expected megawatt output of the unit during the declared energy emergency.

(3) The amount of fuel available, on hand, to operate the unit.

(4) The amount of fuel procured to continue emergency operations of the unit.

(5) The average daily consumption rate of fuel to operate the unit during the declared energy emergency.

(F) Upon request, each electric power producer shall submit to commission staff the calculations and a detailed description of all assumptions made in the reports required under paragraph (E) of this rule.

(G) In anticipation of an imminent energy emergency or during a declared energy emergency, each electric provider and electric power producer 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 electric power supply problems and shortages and may make recommendations, including the need for the governor to declare an energy emergency and to implement rule 4901:5-19-05 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 fuel for electric generation.

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

(J) When and if it is determined such action is appropriate, the governor may request the secretary of the United States department of energy to invoke appropriate federal laws and regulations.

(K) 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.

(L) 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.

(M) The provisions of this rule only apply to entities to the extent of the commission's statutory authority.

Last updated July 7, 2023 at 8:20 AM

Supplemental Information

Authorized By: 4935.03
Amplifies: 4935.03
Five Year Review Date: 6/26/2028
Prior Effective Dates: 4/16/1987, 2/22/2010

Rule 4901:5-19-03 | Enforcement on governor's instruction.

• Effective: July 7, 2023
• Promulgated Under: 111.15

(A) No rule in this chapter shall be implemented, other than paragraphs (B) and (E) to (L) of rule 4901:5-19-02 of the Administrative Code and paragraph (A) of rule 4901:5-19-04 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.

Last updated July 7, 2023 at 8:20 AM

Supplemental Information

Authorized By: 4935.03
Amplifies: 4935.03
Five Year Review Date: 6/26/2028
Prior Effective Dates: 4/16/1987, 2/22/2010

Rule 4901:5-19-04 | Actions in anticipation of an imminent energy emergency.

• Effective: July 7, 2023
• Promulgated Under: 111.15

(A) In anticipation of an imminent energy emergency, the commission may consult with the appropriate independent system operator, regional transmission organization, independent consultant, or other outside entities. At such time, the commission may, by order, require that each regulated electric provider:

(1) Notify its consumers through reports in the news media, electronic notice, or written notice where appropriate, or, for electric providers who serve fewer than five thousand customers, provide telephonic or electronic notice to each of its customers, about an imminent shortage of electric service and request its consumers to implement energy conservation measures. These measures shall include, but are not limited to, the following:

(a) Curtailing outdoor lighting, except for essential safety and security purposes.

(b) Reducing water heating temperatures.

(c) Adjusting temperatures for buildings, factories, and transportation facilities.

(2) Issue periodic reports to notify consumers about the following:

(a) Electric supply levels.

(b) Plans for transfers, restrictions, curtailments, and reallocations pursuant to its curtailment plan or commission order.

(c) Projected or actual dates when consumers or classes of consumers would be subject to curtailment, reallocation, or restriction.

(3) Implement measures that include:

(a) Fulfilling electric requirements for priority use by its consumers.

(b) Reallocating and/or curtailing supplies among its consumers. Each electric provider that curtails deliveries to consumers that purchase power on an interruptible basis shall curtail electric deliveries pursuant to its curtailment plan and voluntary arrangements with individual consumers. Each electric provider shall, to the extent reasonably feasible, monitor consumer compliance with its curtailments and report the level of compliance to the commission, as requested.

(B) Nothing in this rule shall preclude the electric provider, after notification to the commission, from initiating its curtailment plans prior to commission directive, in order to meet operational needs.

Last updated July 7, 2023 at 8:20 AM

Supplemental Information

Authorized By: 4935.03
Amplifies: 4935.03
Five Year Review Date: 6/26/2028
Prior Effective Dates: 6/24/1978, 4/16/1987

Rule 4901:5-19-05 | Actions taken upon declaration of an energy emergency.

• Effective: July 7, 2023
• Promulgated Under: 111.15

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

(1) Each electric provider that has not imposed mandatory curtailments under its emergency curtailment plan shall increase its efforts to effect voluntary conservation, by all consumers, of at least twenty-five per cent of all nonpriority use of electricity.

(2) Each electric provider shall implement a public appeals campaign through news media to its consumers, making appropriate suggestions for achieving usage reductions.

(3) Each electric provider shall issue periodic bulletins informing consumers of how consumers should respond if it becomes necessary to initiate mandatory curtailment of electric energy, updates of the fuel supply level, and how consumers may substantiate a claim for priority use, as defined in rule 4901:5-19-01 of the Administrative Code.

(4) Each electrical provider shall report to the commission the anticipated and actual load in kilowatt-hours consumed and estimates of fuel savings resulting from load reduction or other measures as part of the report of electrical supply adequacy described in paragraph (E) of rule 4901:5-19-02 of the Administrative Code.

(5) The commission may consult with the appropriate independent system operator, regional transmission organization, independent consultant, or other outside entities and may encourage all electric providers to purchase and to share energy among themselves to aid in alleviating existing energy shortages and to prevent even more severe future energy shortages.

(6) All electric providers and electric power producers shall reduce internal consumption of electric energy to the maximum degree possible, consistent with safe, efficient operation. The use of electricity on premises, including parking and large area lighting and interior lighting, shall be curtailed, except lighting essential for security or safety.

(7) When it is determined that such action is appropriate, the governor or the commission may consult with the director of the Ohio environmental protection agency, the appropriate independent system operator, regional transmission organization, any other oversight agency, independent consultant, or other outside entities. At such time, the governor or the commission may:

(a) Request authorization from the proper authorities to curtail use of pollution control facilities.

(b) Request authorization from the proper authorities to burn nonconforming coal in order to maximize use of the remaining stockpiles.

(c) Request industry to utilize industrial-owned generation equipment to supplement utility generation to the maximum extent possible.

(8) The governor may consult with the appropriate independent system operator, regional transmission organization, independent consultant, or other outside entities and, if the governor deems it appropriate, may order electric power producers with greater fuel supplies to increase sales of electric energy.

(B) During an energy emergency, the governor may order mandatory curtailment of the use of electricity after consultation with the commission and the appropriate independent system operator, regional transmission organization, independent consultant, or other outside entities.

Last updated July 7, 2023 at 8:21 AM

Supplemental Information

Authorized By: 4935.03
Amplifies: 4935.03
Five Year Review Date: 6/26/2028
Prior Effective Dates: 2/15/2018