Chapter 4901:5-23 | Coal Emergency

Rule 4901:5-23-01 | Definitions.

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

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; and

(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.

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

Rule 4901:5-23-02 | General provisions.

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

(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 precludes 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.

Last updated July 7, 2023 at 8:22 AM

Supplemental Information

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

Rule 4901:5-23-03 | Enforcement on governor's instruction.

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

(A) No rule shall be implemented 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.

Last updated July 7, 2023 at 8:22 AM

Supplemental Information

Authorized By: 4935.03
Amplifies: 4935.03
Five Year Review Date: 6/26/2028
Prior Effective Dates: 11/4/2012

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

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

(A) Voluntary curtailment to be enacted upon declaration of an energy emergency by the governor.

(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 actions the coal supplier will take to allocate the available coal supply, the time period(s) when these actions will take place, and procedures to follow by consumers wishing to substantiate a claim for priority use.

(2) Each coal supplier maintaining stocks of coal shall report to the commission information that the commission determines is necessary to manage the energy emergency.

(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) During an energy emergency, after consultation with the commission and appropriate coal suppliers and consumers, the governor may: (1) order mandatory curtailment of the use of coal, and (2) may prohibit coal suppliers from selling directly to consumers, or selling for resale, for use other than priority use.

Last updated July 7, 2023 at 8:22 AM

Supplemental Information

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