Ohio Administrative Code 4901:5 — Public Utilities Commission of Ohio | Division of Forecasting

Chapter 4901:5-1 Long-Term Forecast Reports Generally

Ohio Adm.Code 4901:5-1-01 Definitions.

As used in Chapters 4901:5-1 to 4901:5-7 of the Administrative Code:

(A) "Business office" means any office maintained by the reporting person where bills issued by the reporting person may be paid and discussed with its representatives.

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

(C) "Electric utility" has the meaning set forth in division (A)(11) of section 4928.01 of the Revised Code.

(D) "Electric transmission owner" means the owner of a major utility facility as defined in division (A)(1)(a) of section 4935.04 of the Revised Code.

(E) "Gas distribution line and associated facility" means a pipeline and associated facilities other than gathering or transmission line in a distribution area.

(F) "Gas gathering line and associated facility" means a pipeline and associated facilities which transport gas from a current production facility to a transmission line or main.

(G) "Gas or natural gas transmission line and associated facilities" has the meaning set forth in rule 4906-1-01 of the Administrative Code.

(H) "Long-term forecast report" has the meaning set forth in section 4935.04 of the Revised Code.

(I) "Major utility facility" has the meaning set forth in division (A)(1) of section 4935.04 of the Revised Code.

(J) "Person" has the meaning set forth in section 4906.01 of the Revised Code.

(K) "Reporting person" means any person required to file a long-term forecast report under section 4935.04 of the Revised Code.

(L) "Electric generating facility" means an electric generating plant and associated facilities capable of producing electricity.

Last updated July 17, 2023 at 12:13 PM

History

• Effective: August 31, 2017
• Promulgated Under: 111.15

Ohio Adm.Code 4901:5-1-02 Form of long-term forecast report filing required.

Except for electric services companies exempted pursuant to division (A)(1) of section 4928.05 of the Revised Code, each person owning or operating a major utility facility within this state, or furnishing gas, natural gas, or electricity directly to more than fifteen thousand customers within this state shall furnish a long-term forecast report to the commission for its review. The report shall be furnished annually, except that for a gas or natural gas company the report shall be furnished every three years, in compliance with the rules set forth in this chapter. The report will comply with Chapters 4901:5-1 to 4901:5-7 of the Administrative Code and section 4935.04 of the Revised Code.

Last updated June 5, 2023 at 8:38 AM

History

• Effective: June 5, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 4901:5-1-03 Form of long-term forecast reports additional requirements.

(A) All long-term forecast reports shall be filed electronically on the commission's docketing information system website by providing both a PDF file and the underlying source files.

(B) Each long-term forecast report shall include an affidavit, signed by the person responsible for the filing, that the document is true and correct to the best of his or her knowledge and belief.

(C) The long-term forecast report will be readily available to any interested person or government agency on the commission's website, or a copy can be contained, upon request, from the commission's docketing division. The reporting person shall also provide or cause to be provided a copy of the reporting person's long-term forecast report to any person upon request, at cost, to cover the expenses incurred.

Last updated June 5, 2023 at 8:38 AM

History

• Effective: June 5, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 4901:5-1-04 Conditions for hearing and submission of full forecast report.

(A) Conditions for hearing.

(1) Upon a demonstration of good cause by any interested party, a hearing shall be held pursuant to division (D)(3) of section 4935.04 of the Revised Code.

(2) A hearing shall be required in years in which an integrated resource plan is submitted pursuant to rule 4901:5-5-06 of the Administrative Code.

(B) Conditions for submission of a full forecast report.

(1) A full forecast report shall be submitted in any year in which a hearing is granted.

(2) If the commission issues a letter to a reporting electric transmission owner or electric utility pursuant to paragraph (C)(2) of rule 4901:5-5-03 of the Administrative Code, the reporting utility shall submit a full forecast report in that year.

(3) In all other years, electric transmission owners or electric utilities shall file only the forms specified in Chapter 4901:5-5 of the Administrative Code in satisfying the requirements of this rule, and gas utilities shall file only the forms specified in Chapter 4901:5-7 of the Administrative Code.

Last updated June 5, 2023 at 8:38 AM

History

• Effective: June 5, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 4901:5-5-06

(A) Electricity resource forecast forms. As part of the long-term forecast report, an electric utility shall submit the following forms completed as published by the commission:

(1) Form FE-R1, "Monthly Forecast of Electric Utility's Ohio Service Area Peak Load and Reserves to Meet Ohio Service Area Peak Load."

(2) Form FE-R2, "Monthly Forecast of System Peak Load and Reserves to Meet System Peak Load."

(3) Form FE-R3: "Summary of Existing Electric Generation Facilities for the System."

(4) Form FE-R4: "Actual Generating Capability Dedicated to Meet Ohio Peak Load."

(5) Form FE-R5: "Projected Generating Capability Changes to Meet Ohio Peak Load."

(6) Form FE-R6: "Electric Utility's Actual and Forecast Ohio Peak Load and Reserves to Meet Ohio Peak Load."

(7) Form FE-R7: "Actual and Forecast System Peak Load and Reserves to Meet System Peak Load."

(8) Form FE-R8: "Electric Utility's Actual and Forecast Ohio Peak Load and Reserves to Meet Ohio Peak Load."

(9) Form FE-R9: "Actual and Forecast System Peak Load and Reserves to Meet System Peak Load."

(B) Each electric utility which seeks recovery of project costs through division (B)(2) of section 4928.143 of the Revised Code shall be prepared to file a forecast report that includes data used in all forecasts being used to justify cost recovery as well as a narrative description of the reason for the requested cost recovery. The initial forecast filing shall note this request for cost recovery in a cover page. The commission shall request all information required to evaluate the forecast filing supporting the request for cost recovery under divisions (B)(2)(b) and (B)(2)(c) of section 4928.143 of the Revised Code.

Last updated June 5, 2023 at 8:40 AM

History

• Effective: June 5, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 4901:5-5-03

(A) Summary of the long-term forecast report.

The long-term forecast report shall contain a summary describing the electric utility's forecast of loads and the resource plan to meet that load, and shall include at a minimum:

(1) The planning objectives.

(2) A summary of its forecasts of energy and peak load demands and the key assumptions or projections underlying these forecasts.

(3) A description of the process by which the energy and peak load forecasts were developed.

(B) General guidelines. The following guidelines shall be used in the preparation of the forecast:

(1) The forecast must be based upon independent analysis by the reporting electric transmission owner or electric utility.

(2) The forecast may be based on those forecasting methods that yield the most useful results to the electric transmission owner or electric utility.

(3) Where the required data have not been calculated directly, relevant conversion factors shall be displayed.

(C) Special subject areas.

(1) The following matters shall specifically be addressed:

(a) A description of the extent to which the reporting electric transmission owner or electric utility coordinates its load and resource forecasts with those of other systems such as affiliated systems in a holding company group, associated systems in an integrated operating system or other coordinating organizations, or other neighboring systems.

(b) A description of the manner in which such forecasts are coordinated, and any problems experienced in efforts to coordinate forecasts.

(c) A brief description of any polls, surveys, or data-gathering activities used in preparation of the forecast.

(2) No later than six months prior to the required date of submission of the forecast, the commission may supply the reporting electric transmission owner or electric utility:

(a) Copies of appropriate commission or other state documents or public statements that include the state energy policy for consideration in preparation of the forecast.

(b) Such current energy policy changes or deliberations, which, due to their immediate significance, the commission determines to be relevant for specific identification in the forecast (including, but not limited to new legislation, regulations, or adjudicatory findings). The reporting person shall provide a discussion of the impacts of such factors and how it has taken these factors into account.

(3) Existing energy efficiency, demand reduction, and demand response programs and policies of the reporting person, which support energy conservation and load modification, shall be described along with an estimate of their impacts on energy and peak demand and supply resources.

(4) Energy-price relationships:

(a) To the extent possible, identify the relationship between price and energy consumption and describe how such changes are accounted for in the forecast.

(b) To the extent possible, specify a demand function that will or can be used to identify the relationship between any dynamic retail prices and peak load, which captures the impact of price responsive demand.

(c) A description of, and justification for, the methodologies employed for determining such energy-price relationships shall be included.

(D) Forecast documentation. The purpose of the documentation section of the report is to permit a thorough review of the forecast methodology and test its validity. The components of the forecast documentation include:

(1) A description of the forecast methodology employed, including:

(a) Overall methodological framework chosen.

(b) Specific analytical techniques used, their purpose, and the forecast component to which they are applied.

(c) The manner in which specific techniques are related in producing the forecast.

(d) Where statistical techniques have been used:

(i) All relevant equations and data.

(ii) The size of the standard error of the estimate, and the size of the forecasting error, associated with each relevant forecasting model equation. This information shall be included for each forecast at the bottom of forms FE-D1 to FE-D6.

(iii) A description of the technique.

(iv) The reason for choosing the technique.

(v) Identification of significant computer software used.

(e) An explanation of how controllable and interruptible loads are forecasted and how they are treated in the total forecast.

(f) An identification of load factors or other relevant conversion factors and a description of how they are used within the forecast.

(g) Where the methodology for any sector has changed significantly from the previous year, a discussion of the rationale for the change.

(2) Assumptions and special information. The reporting person shall:

(a) For each significant assumption made in preparing the forecasts, include a discussion of the basis for the assumption and the impact it has on the forecast results. Give sources of the assumption if other than the reporting person.

(b) Identify special information bearing on the forecast (e.g., the existence of a major planned industrial expansion program in the area of service or other need determined on a regional basis).

(3) Database documentation. The responsibilities of the reporting person with regard to its forecast database are as follows:

(a) The reporting person shall provide or cause to be provided:

(i) A brief description of all data sets used in making the forecast, both internal and external, input and output, and a citation to the sources.

(ii) The reasons for the selection of the specific database used.

(iii) A clear identification of any significant adjustments made to raw data in order to adapt them for use in the forecast, including, to the extent practicable:

(a) The nature of the adjustment made.

(b) The basis for the adjustment made.

(c) The magnitude of the adjustment.

(b) If a hearing is to be held on the forecast in the current forecast year, the reporting person shall provide to the commission in electronic formats or other medium as the commission directs, all data series, both input and output, raw and adjusted, and model equations used in the preparation of the forecast.

(c) The reporting person shall provide to the commission, on request:

(i) Copies of all data sets used in making the forecasts, including both raw and adjusted data, input and output data, and complete descriptions of any mathematical, technical, statistical, or other model used in preparing the data.

(ii) A narrative explaining the data sets and any adjustments made with the data to adapt it for use in the forecast.

Last updated June 5, 2023 at 8:39 AM

History

• Effective: June 5, 2023
• Promulgated Under: 111.15

Chapter 4901:5-3 Filing of Long-Term Forecast Reports; Fees

Ohio Adm.Code 4901:5-3-01 Long-term forecast report due dates.

(A) All electric transmission owners or electric utilities required by section 4935.04 of the Revised Code to file a long-term forecast report must file annually on or before April fifteenth.

(B) All gas and natural gas distribution companies required by section 4935.04 of the Revised Code to file a long-term forecast report must file every three years on or before June first.

(C) Notwithstanding the requirements of paragraphs (A) and (B) of this rule, the commission may grant an extension of the filing deadline for good cause shown.

Last updated June 5, 2023 at 8:39 AM

History

• Effective: June 5, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 4901:5-3-02 Fees.

(A) Fees for electric transmission owners or electric utilities shall be submitted annually to the commission on or before May first.

(B) Fees for gas and natural gas distribution companies shall be submitted every three years to the commission on or before September fifteenth.

(C) All fee payments shall be made in a manner as prescribed by the commission.

(D) The commission shall annually determine the fee each utility must pay, and shall notify each utility as to that amount at least thirty days prior to the date payment is due.

(E) Fees for electric transmission owners or electric utilities will be based on:

(1) For electric transmission owners, the fee shall be two and one-half mills per megawatt hour delivery based upon the energy deliveries for loads connected to the system inside Ohio for the most recent year for which actual data is reported on the most recently filed form FE-T1.

(2) For electric utilities, the fee shall be two and one-half mills per megawatt-hour delivery based upon the net energy for load for the most recent year for which actual data is reported on the most recently filed form FE-D1.

(F) Fees for gas and natural gas distribution companies will be based on two factors:

(1) In-state total number of meters in December of the preceding year, as reported to the commission on form SG-1.

(2) Total in-state sales for the most recent calendar year for which actual data are reported to the commission on the most recently filed form SG-1.

(G) Annual fees for gas and natural gas distribution companies shall be the sum of the following charges:

(1) One hundred mills per meter.

(2) Two hundred ninety-seven mills per million cubic feet.

Last updated June 5, 2023 at 8:39 AM

History

• Effective: June 5, 2023
• Promulgated Under: 111.15

Chapter 4901:5-5 Electric Utility Forecast Reports

Ohio Adm.Code 4901:5-5-01 Definitions.

(A) "ATC" means available transfer capability as defined by the regional reliability organization standards.

(B) "Alternative energy resource" means an advanced energy resource or renewable energy resource, as defined in section 4928.01 of the Revised Code.

(C) "Available system capability" means the installed capability of all generating units on the utility system plus firm purchases.

(D) "Capability" means the net seasonal demonstrated rating of generating equipment, as defined by the regional reliability organization reliability standards.

(E) "Certified territory" means the service area established for an electric supplier under sections 4933.81 to 4933.90 of the Revised Code.

(F) "Demand-side management" means those programs or activities that are designed to modify the magnitude and/or patterns of electricity consumption in a utility's service area by means of equipment installed or actions taken on the customer's premises.

(G) "Electric transmission owner" means the owner of a major utility facility as defined in section 4935.04 of the Revised Code.

(H) "Energy-price relationships" means the calculated or observed effect on peak load, load shape, or energy consumption resulting from changes in the retail price of electricity or other fuels.

(I) "Forecast year," "year of the forecast," or "year zero" means the year in which the forecast is filed.

(J) "Forecast period" means year zero through year ten.

(K) "Integrated operating system" means a group of electric transmission owners or electric utilities who are members of a jointly or commonly operated system as a single entity.

(L) "Integrated resource plan" means that plan or program, established by a person subject to the requirements of this chapter, to furnish electric energy services in a cost-effective and reasonable manner consistent with the provision of adequate and reliable service, which gives appropriate consideration to supply- and demand-side resources and transmission or distribution investments for meeting the person's projected demand and energy requirements.

(M) "Internal load" of a system means the summation of the net output of its generators plus the net of interconnection receipts and deliveries.

(N) "Interruptible load" means load that can be curtailed or reduced at the supplier's discretion or in accordance with a contractual agreement.

(O) "Load" means the amount of power needed to be delivered at a given point on an electric system.

(P) "Load modification" means the impact of a demand-side management, energy efficiency, demand reduction, price responsive demand, or demand response program designed to influence customers' patterns of electricity use in order to modify the utility's load shape.

(Q) "Load shape" means the distribution of a utility's total electricity demand measured over time, usually expressed as a curve which plots megawatts supplied against time of occurrence, and illustrates the varying magnitude of the load during that time period.

(R) "Native load" of a system means the internal load minus interruptible loads.

(S) "Nonutility generation" means any source of electricity which is interconnected with a utility's system, but is not exclusively owned by an electric utility.

(T) "Peak demand" or "peak load" means the electric transmission owner's or electric utility's maximum sixty-minute integrated clock hour predicted or actual load for the year.

(U) "Price responsive demand" means the predictable response to changes in wholesale electricity prices of electricity demand by consumers who are served at retail rates or prices that can vary based on wholesale electricity prices or market conditions.

(V) "Renewable energy resource" has the meaning set forth in division (A)(37) of section 4928.01 of the Revised Code.

(W) "Reporting person" means any person required to file a long-term forecast report under section 4935.04 of the Revised Code.

(X) "Supply-side resources" mean those resources that directly increase the amount of electricity available for consumption in a utility's certified territory.

(Y) "Transfer capability" means the ability of the transmission owner's system to move power over its system to another interconnected transmission system or distribution utility while meeting all national standard reliability requirements.

(Z) "TTC" means total transfer capacity as defined by the regional reliability organization standards and is the measure of the ability of the interconnected electric systems to reliably move or transfer power from one area to another over all transmission lines or paths within the interconnected electric systems.

Last updated July 17, 2023 at 12:13 PM

History

• Effective: August 31, 2017
• Promulgated Under: 111.15

Ohio Adm.Code 4901:5-5-02 Purpose and scope.

(A) This chapter specifies the reporting requirements for long-term forecast reports filed by electric utilities and transmission owners pursuant to Chapter 4901:5-1 of the Administrative Code.

(B) Unless otherwise directed by the commission, all reports shall be filed electronically using such forms as may be posted on the commission's web site. Such forms may be changed without further commission entry and each reporting person shall obtain the most current version of the forms prior to filing via the commission's website.

(C) 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.

Last updated June 5, 2023 at 8:39 AM

History

• Effective: June 5, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 4901:5-5-03 Forecast report requirements for electric utilities and transmission owners.

(A) Summary of the long-term forecast report.

The long-term forecast report shall contain a summary describing the electric utility's forecast of loads and the resource plan to meet that load, and shall include at a minimum:

(1) The planning objectives.

(2) A summary of its forecasts of energy and peak load demands and the key assumptions or projections underlying these forecasts.

(3) A description of the process by which the energy and peak load forecasts were developed.

(B) General guidelines. The following guidelines shall be used in the preparation of the forecast:

(1) The forecast must be based upon independent analysis by the reporting electric transmission owner or electric utility.

(2) The forecast may be based on those forecasting methods that yield the most useful results to the electric transmission owner or electric utility.

(3) Where the required data have not been calculated directly, relevant conversion factors shall be displayed.

(C) Special subject areas.

(1) The following matters shall specifically be addressed:

(a) A description of the extent to which the reporting electric transmission owner or electric utility coordinates its load and resource forecasts with those of other systems such as affiliated systems in a holding company group, associated systems in an integrated operating system or other coordinating organizations, or other neighboring systems.

(b) A description of the manner in which such forecasts are coordinated, and any problems experienced in efforts to coordinate forecasts.

(c) A brief description of any polls, surveys, or data-gathering activities used in preparation of the forecast.

(2) No later than six months prior to the required date of submission of the forecast, the commission may supply the reporting electric transmission owner or electric utility:

(a) Copies of appropriate commission or other state documents or public statements that include the state energy policy for consideration in preparation of the forecast.

(b) Such current energy policy changes or deliberations, which, due to their immediate significance, the commission determines to be relevant for specific identification in the forecast (including, but not limited to new legislation, regulations, or adjudicatory findings). The reporting person shall provide a discussion of the impacts of such factors and how it has taken these factors into account.

(3) Existing energy efficiency, demand reduction, and demand response programs and policies of the reporting person, which support energy conservation and load modification, shall be described along with an estimate of their impacts on energy and peak demand and supply resources.

(4) Energy-price relationships:

(a) To the extent possible, identify the relationship between price and energy consumption and describe how such changes are accounted for in the forecast.

(b) To the extent possible, specify a demand function that will or can be used to identify the relationship between any dynamic retail prices and peak load, which captures the impact of price responsive demand.

(c) A description of, and justification for, the methodologies employed for determining such energy-price relationships shall be included.

(D) Forecast documentation. The purpose of the documentation section of the report is to permit a thorough review of the forecast methodology and test its validity. The components of the forecast documentation include:

(1) A description of the forecast methodology employed, including:

(a) Overall methodological framework chosen.

(b) Specific analytical techniques used, their purpose, and the forecast component to which they are applied.

(c) The manner in which specific techniques are related in producing the forecast.

(d) Where statistical techniques have been used:

(i) All relevant equations and data.

(ii) The size of the standard error of the estimate, and the size of the forecasting error, associated with each relevant forecasting model equation. This information shall be included for each forecast at the bottom of forms FE-D1 to FE-D6.

(iii) A description of the technique.

(iv) The reason for choosing the technique.

(v) Identification of significant computer software used.

(e) An explanation of how controllable and interruptible loads are forecasted and how they are treated in the total forecast.

(f) An identification of load factors or other relevant conversion factors and a description of how they are used within the forecast.

(g) Where the methodology for any sector has changed significantly from the previous year, a discussion of the rationale for the change.

(2) Assumptions and special information. The reporting person shall:

(a) For each significant assumption made in preparing the forecasts, include a discussion of the basis for the assumption and the impact it has on the forecast results. Give sources of the assumption if other than the reporting person.

(b) Identify special information bearing on the forecast (e.g., the existence of a major planned industrial expansion program in the area of service or other need determined on a regional basis).

(3) Database documentation. The responsibilities of the reporting person with regard to its forecast database are as follows:

(a) The reporting person shall provide or cause to be provided:

(i) A brief description of all data sets used in making the forecast, both internal and external, input and output, and a citation to the sources.

(ii) The reasons for the selection of the specific database used.

(iii) A clear identification of any significant adjustments made to raw data in order to adapt them for use in the forecast, including, to the extent practicable:

(a) The nature of the adjustment made.

(b) The basis for the adjustment made.

(c) The magnitude of the adjustment.

(b) If a hearing is to be held on the forecast in the current forecast year, the reporting person shall provide to the commission in electronic formats or other medium as the commission directs, all data series, both input and output, raw and adjusted, and model equations used in the preparation of the forecast.

(c) The reporting person shall provide to the commission, on request:

(i) Copies of all data sets used in making the forecasts, including both raw and adjusted data, input and output data, and complete descriptions of any mathematical, technical, statistical, or other model used in preparing the data.

(ii) A narrative explaining the data sets and any adjustments made with the data to adapt it for use in the forecast.

Last updated June 5, 2023 at 8:39 AM

History

• Effective: June 5, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 4901:5-5-04 Forecasts for electric transmission owners.

(A) General guidelines. The electric transmission owner shall provide or cause to be provided data on the use of its transmission lines and facilities.

(1) The forecast shall include data on all existing transmission lines and associated facilities of one hundred twenty-five kilovolts (kV) and above as defined by the commission, for year zero to year ten.

(2) The forecast shall include data on all planned transmission lines and associated facilities of one hundred twenty-five kilovolts (kV) and above as well as substantial planned additions to, and replacement of existing facilities, as defined by the commission for year zero to year ten.

(3) The reporting electric transmission owner shall be prepared to supply to the commission on demand, additional data and maps of transmission lines and facilities, including diagrams and analysis using system planning tools. To the extent the information sought from electric transmission owners in this rule contains critical energy infrastructure information, such information may remain at the reporting person's premises, but subject to inspection and review at the request of the commission's staff, unless the commission staff determines it necessary to take possession.

(B) Transmission energy data and peak demand forecast forms.

The electric transmission owner's forecast shall be submitted in an electronic form prescribed by the commission or its staff which are as follows:

(1) Form FE-T1: "Transmission Energy Delivery Forecast."

(2) Form FE-T2: "System Seasonal Peak Load Forecast."

(3) Form FE-T3: "Total Monthly Energy Forecast."

(4) Form FE-T4: "Monthly Peak Internal Load Forecast."

(5) Form FE-T5: "Monthly Energy Transactions for the Most Recent Year."

(6) Form FE-T6: "Conditions at Time of Monthly Peak."

(7) Form FE-T7: "Characteristics of Existing Transmission Lines."

(8) Form FE-T8: "Summary of Existing Substations on Transmission Lines."

(9) Form FE-T9: "Specifications of Planned Transmission Lines."

(10) Form FE-T10: "Summary of Proposed Substations."

(C) Substantiation of the planned transmission system.

The reporting electric transmission owner shall submit a substantiation of transmission development plans, including:

(1) Description and transcription diagrams of the base case load flow studies of the transmission owner's transmission system in Ohio, one for the current year and one as projected either three or five years into the future, and provide base case load flow studies in electronic form in PSSE format along with transcription diagrams for the base cases.

(2) A tabulation of and transcription diagrams for a representative number of contingency cases studied along with brief statements concerning the results.

(3) Analysis of proposed solutions to problems identified in paragraph (C)(2) of this rule.

(4) Adequacy of the electric transmission owner's transmission system to withstand natural disasters and overload conditions.

(5) Analysis of the electric transmission owner's transmission system to permit power interchange with neighboring systems.

(6) A diagram showing the electric transmission owner's import and export transfer capabilities and identifying the limiting element(s) during each season of the reporting period. In addition, the reporting electric transmission owner will provide a listing of transmission loading relief (TLR) procedures called during the last two seasons for which actual data are available. That listing may include only those TLRs called as a result of a transmission limit on the reporting electric transmission owner's transmission system. For each TLR event, the listing shall include the maximum level, and the duration at the maximum level, and the magnitude (in MW) of the power curtailments.

(7) A description of any studies regarding transmission system improvement, including, but not limited to, any studies of the potential for reducing line losses, thermal loading, and low voltage, and for improving access to alternative energy resources.

(8) A switching diagram of the transmission network.

(D) Regional and bulk power requirements.

To avoid the inefficiencies associated with having each electric transmission owner report this data, the electric transmission owners may have the regional transmission system operator submit a single report on their behalf. This information shall be provided as soon as it becomes available. Data provided to the commission concerning the electric transmission owner's existing and planned bulk power transmission system (one hundred kV and above) shall include the following:

(1) The most recent regional power existing facilities and an authorized map.

(2) A plan on the bulk power transmission network of the region in service (total certified territory of the companies in the region including out-of-state certified territories) at the time of the report, including interfaces with adjoining regions.

(3) Regional transmission system power interchange matrix.

(4) A transmission diagram and a summary of the load flow base case studies of the bulk power network of the region as it now exists at the time of reporting.

(5) A plan of the bulk power transmission network of the region (including interties with adjoining regions) and the general routing of facilities committed or tentatively projected for service within ten years, including identification of principal substations, operating voltages, and projected in-service dates.

(6) A list and diagram showing transmission constraints of the bulk power transmission network, including interconnections.

Last updated June 5, 2023 at 8:39 AM

History

• Effective: June 5, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 4901:5-5-05 Energy and demand forecasts for electric utilities.

(A) General guidelines.

(1) The reporting person shall, upon request, provide or cause to be provided data on the use of the electric utility's distribution lines and facilities.

(2) The reporting person shall, upon request, specify in detail the methodology employed to produce monthly forecasts of energy and peak load for the current year and one year in the future.

(3) The reporting person shall, upon request, supply to the commission additional data and maps of distribution lines and facilities.

(B) Distribution energy data and peak demand forecast forms.

The distribution forecast shall be submitted by electric utilities in an electronic form prescribed by the commission or its staff through the following forms:

(1) Form FE-D1: "Electric Utility Ohio Service Area Energy Consumption Forecast."

(2) Form FE-D2: "System Service Area Energy Consumption Forecast."

(3) Form FE-D3: " Electric Utility Ohio Seasonal Peak Load Demand Forecast."

(4) Form FE-D4: "System Seasonal Peak Load Demand Forecast."

(5) Form FE-D5: "Monthly Net Energy for Load Forecast."

(6) Form FE-D6: "Monthly Internal Peak Load Forecast."

(C) Substantiation of the planned distribution system.

The reporting electric utility shall, upon request, submit substantiation of distribution development plans.

(D) Each electric utility which seeks recovery of project costs through division (B)(2) of section 4928.143 of the Revised Code shall be prepared to file a forecast report that includes data used in all forecasts being used to justify cost recovery as well as a narrative description of the reason for the requested cost recovery. The initial forecast filing shall note this request for cost recovery in a cover page. The commission shall request all information required to evaluate the forecast filing supporting the request for cost recovery under divisions (B)(2)(b) and (B)(2)(c) of section 4928.143 of the Revised Code.

Last updated June 5, 2023 at 8:40 AM

History

• Effective: June 5, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 4901:5-5-06 Integrated resource plans.

(A) Electricity resource forecast forms. As part of the long-term forecast report, an electric utility shall submit the following forms completed as published by the commission:

(1) Form FE-R1, "Monthly Forecast of Electric Utility's Ohio Service Area Peak Load and Reserves to Meet Ohio Service Area Peak Load."

(2) Form FE-R2, "Monthly Forecast of System Peak Load and Reserves to Meet System Peak Load."

(3) Form FE-R3: "Summary of Existing Electric Generation Facilities for the System."

(4) Form FE-R4: "Actual Generating Capability Dedicated to Meet Ohio Peak Load."

(5) Form FE-R5: "Projected Generating Capability Changes to Meet Ohio Peak Load."

(6) Form FE-R6: "Electric Utility's Actual and Forecast Ohio Peak Load and Reserves to Meet Ohio Peak Load."

(7) Form FE-R7: "Actual and Forecast System Peak Load and Reserves to Meet System Peak Load."

(8) Form FE-R8: "Electric Utility's Actual and Forecast Ohio Peak Load and Reserves to Meet Ohio Peak Load."

(9) Form FE-R9: "Actual and Forecast System Peak Load and Reserves to Meet System Peak Load."

(B) Each electric utility which seeks recovery of project costs through division (B)(2) of section 4928.143 of the Revised Code shall be prepared to file a forecast report that includes data used in all forecasts being used to justify cost recovery as well as a narrative description of the reason for the requested cost recovery. The initial forecast filing shall note this request for cost recovery in a cover page. The commission shall request all information required to evaluate the forecast filing supporting the request for cost recovery under divisions (B)(2)(b) and (B)(2)(c) of section 4928.143 of the Revised Code.

Last updated June 5, 2023 at 8:40 AM

History

• Effective: June 5, 2023
• Promulgated Under: 111.15

Chapter 4901:5-7 Gas and Natural Gas Forecast Reports

Ohio Adm.Code 4901:5-7-01 Definitions.

(A) Unless otherwise specified, all terms used in Chapter 4901:5-7 of the Administrative Code are the same as those found in the fourth edition "Glossary For The Gas Industry" published by the planning and analysis group of the "American Gas Association."

(B) "Energy-price relationships" means the calculated or observed effects on gas demand resulting from changes in the customer price of gas or other fuels. It consists of both energy conservation effects which reduce customer energy use directly and effects which cause customers to switch to or from utility-provided gas.

(C) "Forecast year," "year of the forecast," or "year zero" means the year in which the forecast is filed.

(D) "Energy conservation" means the effect upon gas demand resulting from customer adoption and use of measures, standards, equipment, or techniques designed, at least in part, to decrease gas consumption or to increase efficiency of gas use. Energy conservation may include the result of increases in price, but does not include price-induced fuel switching.

(E) "Self-help gas and other transported gas" means natural or synthetic gas owned by or acquired on behalf of an end-user or owned by another person which was developed independently or acquired from a third party, but which entails the use of one or more company or utility to transport the gas to the end-user.

(F) "Forecast period" means year zero through year ten.

(G) "Reporting period" means year minus five through year ten.

(H) "Service area" means the geographic area within Ohio in which the company renders service to wholesale and retail consumers of gas.

(I) "Fuel switching" means the substitution of one energy source for another in a particular end use or process, as a result of changing relative prices or technologies.

Last updated June 5, 2023 at 8:41 AM

History

• Effective: June 5, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 4901:5-7-02 Purpose and scope.

(A) This chapter specifies the reporting requirements for long-term forecast reports filed by gas distribution companies pursuant to Chapter 4901:5-1 of the Administrative Code.

(B) Unless otherwise directed by the commission, all reports shall be filed electronically using such forms as may be posted on the commission's web site. Such forms may be changed without further commission entry and each reporting person shall obtain the most current version of the forms prior to filing via the commission's website.

(C) 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.

Last updated June 5, 2023 at 8:41 AM

History

• Effective: June 5, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 4901:5-7-03 Gas and natural gas demand forecasts for gas distribution companies serving more than fifteen thousand customers.

(A) General guidelines. The following guidelines shall be used in the preparation of the demand forecast:

(1) The demand forecast must be based upon independent analysis by the reporting utility.

(2) The demand forecast may be based on those forecasting methods which yield the most useful results to the utility.

(3) Where the required data have not been calculated directly, relevant conversion factors shall be displayed.

(4) All gas volumes shall be reported at 14.73 psia.

(B) Special subject areas.

(1) The following matters shall specifically be addressed:

(a) A description of the extent to which the reporting utility coordinates its load forecasts with those of other systems such as affiliated systems in a holding company group, or other neighboring systems and, if the reporting utility is a combination utility, a description of the coordination of its gas load forecast with its electric load forecast.

(b) A description of the manner in which such forecasts are coordinated, and any problems experienced in efforts to coordinate load forecasts.

(c) A brief description of any computer modeling, demand forecasting, polls, surveys, or data-gathering activities used in preparation of the forecast.

(2) No later than six months prior to the required date of submission of the forecast, the commission shall supply reporting utilities:

(a) Copies of appropriate commission or other state documents or public statements that include the state energy policy for consideration in preparation of the forecast.

(b) Such current energy policy changes or deliberations which, due to their immediate significance, the commission determines to be relevant for specific identification in the forecast (including but not limited to new legislation, regulations, or adjudicatory findings). It is the commission's intent that such additional factors be limited to issues of current policy which may influence the forecast, but which otherwise may not have been specifically identified by the reporting utility. The reporting utility shall, to the extent possible, provide either a discussion of the impacts of such factors on the forecast or demonstrate how it has taken these factors into account in its forecast. The reporting utility need not adopt such factors as a part of its forecast.

(3) Energy efficiency, demand reduction, and demand response programs and policies of the reporting utility, which support energy conservation and load modification, shall be described along with an estimate of their impacts on energy and peak demand and supply resources.

(4) Energy-price relationships:

(a) To the extent possible, identify changes during the forecast period in energy demand and identify and describe how such changes are accounted for in the forecast.

(b) Describe the methodologies for determining such energy-price relationships, including justification for the methodologies employed.

(C) Forecast documentation. The purpose of the documentation section of the report is to permit a thorough review of the forecast methodology and test its validity. Each gas distribution company that undergoes a hearing process at the commission shall be prepared to file a forecast report that includes data used in all forecasts as well as a narrative description of the forecasting methodology. The commission shall request all information required to evaluate the forecast filing within thirty days of a hearing being scheduled in the forecasting case.

(D) Demand forecast forms. The demand presentation shall include the following elements presented on the indicated forms supplied by the commission. The forms provided on the commission's website are as follows:

(1) Form FG1-1: "Historical and Forecast Service Area Annual Gas Demand."

(2) Form FG1-2: "Historical and Forecast of Annual Gas Demand by Industrial Sector (MMCF/Year)."

(3) Form FG1-3: "Monthly Ohio Gas Sendout (MMCF)."

(4) Form FG1-4, Form FG1-4a, Form FG1-4b: "Range Demand Forecast."

(5) Form FG1-5: "Historic Peak and Forecast Design Day Requirements."

(6) Form FG1-6: "Supply and Disposition of Self-Help and Other Transported Volumes."

Last updated June 5, 2023 at 8:41 AM

History

• Effective: June 5, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 4901:5-7-04 Gas and natural gas supply forecasts for gas distribution companies serving more than fifteen thousand customers.

(A) General guidelines. The supply estimates used in these forecasts must be based upon the reporting utility's independent analysis of alternative sources of gas as well as its current sources. When data is based on material received from current or prospective suppliers, the reporting utility must show that it has made an independent review of such data and arrived at its own analysis of the probable future availability and price of gas from the source in question.

(B) Forecast documentation. The purpose of the documentation section of the report is to permit a thorough review of the forecast methodology and to test its validity. Each gas distribution company that undergoes a hearing process at the commission shall be prepared to file a forecast report that includes data used in all forecasts as well as a narrative description of the forecasting methodology. The commission shall request all information required to evaluate the forecast filing within thirty days of a hearing being scheduled in the forecasting case.

(C) Supply forecast forms. The demand presentation shall include the following elements presented on the indicated forms supplied by the commission. The forms provided on the commission's website are as follows:

(1) Form FG2-1: "Annual Gas Supply."

(2) Form FG2-2: "Gas Supply Prices."

(3) Form FG2-3: "Historical Peak and Forecasted Design Peak Day."

(4) Form FG2-4: "Existing and Proposed Storage Facilities (In-MMCF)."

(5) Form FG2-5: "Existing and Proposed Propane Facilities (In Gallons)."

(6) Form FG2-6: "Other Peaking Facilities."

Last updated June 5, 2023 at 8:41 AM

History

• Effective: June 5, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 4901:5-7-05 Resource forecasts and site inventories of transmission facilities for gas distribution companies serving more than fifteen thousand customers.

(A) General guidelines.

(1) The forecast shall include data on all existing and planned transmission lines and associated facilities, planned additions to, and replacement of, existing facilities, as defined by section 4906.01 of the Revised Code and rule 4906-1-02 of the Administrative Code, as well as any such gas lines leased or acquired.

(2) The reporting utility shall be prepared to provide the commission, on request, additional maps of transmission facilities.

(B) Specific requirements for gas distribution companies serving more than one hundred thousand customers.

(1) The existing transmission system.

(a) The reporting utility shall provide a brief narrative description of the existing gas transmission system which is detailed in form FG3-1.

(b) Each reporting utility shall provide maps of the gas transmission system within Ohio through which the reporting utility provides service as follows:

(i) A map showing the actual, physical routing of the transmission lines, pumping stations, city gates, storage facilities, system interconnections, geographic landmarks, major interstate and intrastate pipelines, major metropolitan areas, and major highways.

(ii) The map described in paragraph (B)(2)(a) of this rule, for commission use, on a 1:250,000 scale. The utilities may jointly provide one set of maps to meet this requirement. Participation in the commission's joint mapping project will meet this requirement.

(2) The planned transmission system. The transmission forecast shall include maps of the planned transmission system as follows:

(a) An overlay to each of the maps required in paragraph (B) of this rule showing the planned transmission lines and associated facilities as they will tie into the existing system; planned lines shall be shown and identified as such and keyed into form FG3-2 to provide as complete a picture of the system as is possible. Combined maps showing both existing and proposed facilities may be substituted for the overlays. Where planning horizons make it impractical to comply fully with the data requirements of this rule, as many data as are available shall be provided along with the estimated date on which additional data will be available.

(b) A copy of the above overlay, for commission use, on a scale of 1:250,000 participation in the commission's joint mapping project will meet this requirement.

(3) Transmission forecast forms. The reporting utility shall provide, on forms supplied by the commission:

(a) A summary of the characteristics of existing transmission lines as indicated in Form FG3-1, "Characteristics of Existing Transmission Lines."

(b) Specifications of planned transmission lines as indicated in form FG3-2, "Specifications of Planned Gas Transmission Lines."

(C) Specific requirements for gas distribution companies serving fifteen thousand to one hundred thousand customers.

(1) Existing transmission system.

(a) The reporting utility shall provide a brief narrative description of the existing gas transmission system which is detailed in form FG3-1.

(b) The reporting utility shall provide a summary of the characteristics of existing transmission lines as indicated in form FG3-1, "Characteristics of Existing Transmission Lines."

(c) Upon request, the reporting utility shall provide a map of its service area and other information as may be required by the commission.

(2) The planned transmission system. If applicable, the reporting utility shall submit a ten-year resource forecast of all gas transmission facilities to be constructed, leased, or acquired with location of such facilities indicated on the map referenced in paragraph (C)(1)(c) of this rule.

Last updated June 5, 2023 at 8:41 AM

History

• Effective: June 5, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 4901:5-7-06 Gas and natural gas information filing for gas distribution companies serving fewer than fifteen thousand customers.

(A) General.

(1) All gas volumes shall be reported at 14.73 psia.

(2) The names, addresses, and telephone numbers of the utility and responsible individuals shall be provided in the information filing.

(B) Forms. Each reporting utility shall submit one completed copy of form FG-S, "Small Gas Distribution Company Information Form."

Last updated July 17, 2023 at 12:13 PM

History

• Effective: February 16, 2012
• Promulgated Under: 111.15

Chapter 4901:5-17 Governor's Emergency Powers

Ohio Adm.Code 4901:5-17-02 Governor's emergency powers.

For any type or level of energy emergency declared under the provisions of section 4935.03 of the Revised Code, the governor shall have the power to take any of the following actions:

(A) Restrict the energy consumption of state and local government offices and industrial and commercial establishments.

(B) Restrict or curtail public or private transportation, or require or encourage the use of car pools or mass transit systems.

(C) Order any electric light, natural gas or gas, or pipeline company; any supplier subject to certification under section 4928.08 of the Revised Code or section 4929.20 of the Revised Code; electric power or gas utility that is owned by a municipal corporation or not-for-profit; coal producer or supplier; electric power producer or marketer; or petroleum fuel producer, refiner, wholesale distributor, or retail dealer to sell electricity, gas, coal, or petroleum fuel in order to alleviate hardship or, if possible, to acquire or produce emergency supplies to meet emergency needs.

(D) Order other energy conservation or emergency energy production or distribution measures to be taken in order to alleviate hardship.

(E) Mobilize emergency management, national guard, law enforcement, or emergency medical services.

Last updated July 17, 2023 at 12:13 PM

History

• Effective: February 20, 2010
• Promulgated Under: 111.15

Chapter 4901:5-19 Fuel Emergency

Ohio Adm.Code 4901:5-19-01 Definitions.

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

History

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

Ohio Adm.Code 4901:5-19-02 General provisions.

(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 June 25, 2025 at 5:57 PM

History

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

Ohio Adm.Code 4901:5-19-05

(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 June 25, 2025 at 5:57 PM

History

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

Ohio Adm.Code 4901:5-19-03

(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

History

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

Ohio Adm.Code 4901:5-19-04

(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 June 26, 2025 at 4:17 AM

History

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

Chapter 4901:5-21 Coal Allotment

Ohio Adm.Code 4901:5-21-01 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; 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

History

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

Ohio Adm.Code 4901:5-21-02 General provisions.

(A) 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.

(B) 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 4901:5-21-04 of the Administrative Code.

(C) 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.

(D) 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.

(E) 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 17, 2023 at 12:14 PM

History

• Effective: November 4, 2012
• Promulgated Under: 111.15

Ohio Adm.Code 4901:5-21-04

(A) Each coal supplier is expected to:

(1) Reduce, on an equitable basis, the provision of coal to its consumers for nonpriority use.

(2) Assure, to the extent reasonably possible, that all of its consumers practice conservation and restrict their nonessential or inefficient use of coal.

(B) Each coal supplier that has a surplus supply of coal for its consumers' priority use requirements for the foreseeable future is expected to assure, to the extent reasonably possible, provision of coal to its normal consumers for their priority use requirements for the subsequent thirty-day period, provided:

(1) Fair compensation is proffered by any new priority use consumers.

(2) Any new priority use consumers can substantiate their priority use requirements.

(3) No threat to the life, property, health, or safety of the coal supplier's existing consumers would result.

(C) Each coal supplier that has an inadequate supply of coal for its consumers' priority use requirements for the subsequent thirty-day period is expected to notify the commission of the number, names, and coal type and tonnage required for priority use consumers beyond the capability of the supplier.

(D) The commission may provide assistance in locating a supply for consumers with inadequate coal for priority use. The commission may accept requests for such assistance for relief of verifiable consumer hardship and emergency conditions. Such requests may be accepted by the commission from either the affected consumer or the coal supplier that would supply the affected consumer.

(E) The commission may establish a toll-free telephone number for consumers in this state to request state assistance for relief from verifiable emergency or hardship conditions.

(F) The commission may designate, as priority use, the volume of coal necessary to relieve emergency or hardship conditions found to be extant and may request the consumer's supplier to deliver such product volume to the consumer, provided the consumer offers fair compensation.

(G) If the commission finds that a supplier has insufficient supply of coal to provide for all consumers' priority use requirements in the current month and/or is unable to provide product for consumers who, facing emergency or hardship conditions, have had priority use designation by the commission, the commission may request another supplier to provide product.

(H) Each supplier shall encourage all of its consumers to practice coal conservation and to restrict their nonessential or inefficient use of coal.

Last updated June 25, 2025 at 5:57 PM

History

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

Ohio Adm.Code 4901:5-21-03 Enforcement on governor's instruction.

(A) No rule in this chapter shall be implemented, other than rule 4901:5-21-02 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 June 26, 2025 at 2:18 PM

History

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

Chapter 4901:5-23 Coal Emergency

Ohio Adm.Code 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; 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

History

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

Ohio Adm.Code 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 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 June 26, 2025 at 2:18 PM

History

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

Ohio Adm.Code 4901:5-23-04

(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 June 25, 2025 at 5:57 PM

History

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

Ohio Adm.Code 4901:5-23-03 Enforcement on governor's instruction.

(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 June 25, 2025 at 5:57 PM

History

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

Chapter 4901:5-25 Gas Emergency

Ohio Adm.Code 4901:5-25-01 Definitions.

As used in this chapter:

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

(B) "Consumer" means any person purchasing, delivering, storing, or transporting, or seeking to purchase, deliver, store, or transport, natural gas at a specified location, including industrial, commercial, and residential consumers, but not including gas suppliers.

(C) "Customer" means a person legally responsible to pay for gas or gas delivery services.

(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 gas 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) "Gas" means natural gas, artificial or synthetic gas, or a mixture of those gases, liquefied natural gas, and petroleum gas.

(G) "Gas supplier" means:

(1) A retail natural gas supplier as defined in section 4929.01 of the Revised Code.

(2) A pipeline company, as defined in section 4905.03 of the Revised Code, when engaged in the business of transporting gas by pipeline.

(3) A governmental aggregator as defined in section 4929.01 of the Revised Code.

(4) A gas or natural gas company that is owned or operated by a municipal corporation.

(5) A cooperative gas or natural gas company, as described in division (A) of section 4905.02 of the Revised Code.

(6) A company in the business of delivering gas to end use consumers, including municipal gas companies and cooperative gas companies.

(H) "Nonpriority use" means all use of gas other than priority use.

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

(9) Production facilities for gas, propane, and petroleum fuels and fuel refineries.

(10) Pipeline transmission and distribution facilities for gas, propane, and petroleum fuels.

(11) 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.

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

(13) Water supply and pumping facilities.

(14) Coal mines and related facilities.

(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

History

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

Ohio Adm.Code 4901:5-25-02 General provisions.

(A) The rules contained in this chapter prescribe requirements to protect priority use.

(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 gas supplier shall comply with all applicable rules and requirements of the commission.

(C) In order to respond to shortages of gas, each gas supplier with tariffs on file with the commission shall file with the commission its curtailment plan that specifies the order of curtailments for all gas sales and transportation service to its consumers, and the interconnections and related capacities with other gas suppliers.

(D) Each curtailment plan shall be filed in the gas supplier's existing tariff filing docket or other docket, as designated by the commission. Each year after the initial filing, each gas supplier shall file, on or before September first, any revisions it is proposing to make to its curtailment plan or a statement that no revisions were made.

(E) In anticipation of an imminent energy emergency, or during a declared energy emergency, each gas supplier shall submit periodic reports regarding its pipeline supply entitlement, pipeline supply draw, amount of gas in storage, storage withdrawal, other interstate deliveries, estimates of Ohio-produced gas deliveries, estimated gas sendout, and other information that may be required by the commission to administer this chapter.

(F) Each gas supplier may disconnect service, through the use of qualified supplier employees or qualified contractors acting on the supplier's behalf, to nonpriority use consumers who fail immediately to disconnect or curtail consumption after notification by the gas supplier pursuant to this chapter.

(G) In anticipation of an imminent energy emergency or during a declared energy emergency, each gas supplier shall 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 gas supply problems and shortages and may make recommendations, including the need for the governor to declare an energy emergency and to implement rule 4901:5-25-05 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 gas.

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

(J) 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.

(K) 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 June 25, 2025 at 7:48 PM

History

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

Ohio Adm.Code 4901:5-25-05

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

(1) Each gas supplier included within paragraphs (G)(4) to (G)(6) of rule 4901:5-25-01 of the Administrative Code:

(a) Shall contact its consumers and alert them to the declaration of an energy emergency and impending shortage of gas.

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

(c) May initiate service restrictions, as set forth in rule 4901:5-25-06 of the Administrative Code.

(d) Shall provide its consumers information regarding actions the gas supplier will take to allocate the available gas supply, the time period(s) these actions will take place, and procedures for how consumers may substantiate a claim for priority use.

(e) Shall report to the commission information that the commission determines necessary to manage the energy emergency.

(2) The commission may:

(a) Calculate the remaining gas supply for priority use in a reasonable manner.

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

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

(d) Require, by order any gas supplier to:

(i) Reallocate and/or curtail gas supplies among its consumers.

(ii) Fulfill gas priority use requirements for its consumers.

(iii) Transfer gas supplies to other gas suppliers to fulfill gas priority use requirements of consumers of the recipient gas suppliers.

(iv) Monitor consumer compliance with mandatory emergency actions.

(B) During an energy emergency, the governor may order mandatory curtailment of the use of gas after consultation with the commission and the appropriate gas providers and consumers.

Last updated June 25, 2025 at 5:57 PM

History

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

Ohio Adm.Code 4901:5-25-03 Enforcement on governor's instruction.

(A) No rule shall be implemented in this chapter, other than paragraphs (A) to (E) and (G) to (K) of rule 4901:5-25-02 of the Administrative Code and all of rule 4901:5-25-04 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 June 25, 2025 at 7:48 PM

History

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

Ohio Adm.Code 4901:5-25-04

(A) In anticipation of an imminent energy emergency, the commission may, by order, require that each regulated gas supplier:

(1) Notify its consumers through reports in the news media, electronic notice, or written notice where appropriate, about an imminent shortage of gas or interruption of gas service and request its consumers to reduce their consumption of gas and to implement energy conservation measures. These measures shall include, but are not limited to, the following:

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

(b) Reducing gas water heating temperatures.

(c) Reducing space heating temperatures for buildings, factories, and transportation facilities.

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

(a) Gas supply levels.

(b) Plans for gas transfers, restrictions, curtailments, and reallocations pursuant to the gas supplier's 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 gas supply measures that include:

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

(b) Transferring gas supplies to other gas suppliers to fulfill priority use requirements of consumers of the recipient gas suppliers.

(c) Reallocating and/or curtailing gas supplies among its consumers. Each gas supplier that curtails deliveries of sales and/or transportation gas to consumers who obtain gas on an interruptible basis shall curtail gas deliveries pursuant to its curtailment plan and voluntary arrangements with individual consumers. Each gas supplier shall, to the extent reasonably feasible, monitor consumer compliance with its curtailments of gas, and shall report the level of compliance to the commission periodically, as requested.

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

(C) Actions ordered by the commission pursuant to this rule shall supersede filed curtailment plans to the extent there is a conflict.

Last updated July 7, 2023 at 8:23 AM

History

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

Ohio Adm.Code 4901:5-25-06

(A) During an energy emergency, each gas supplier, unless otherwise ordered by the commission, may:

(1) Suspend promotional activities to acquire new gas consumers through advertising and mass media, bill inserts or other direct mailings to consumers and telephone calls to obtain or arrange "conversions" to gas space heating or to sell or promote gas appliances. This suspension does not apply to:

(a) Service calls to repair existing gas equipment.

(b) Recommendations and information relating to the replacement of existing gas equipment.

(c) Counseling consumers about heating efficiency and safety measures for existing gas equipment.

(d) Direct contact with existing or potential consumers to promote the installation of dual-fuel equipment.

(e) Responses to consumer-initiated inquiries.

(2) Refuse new service to applicants unless the gas supplier receives approval from the commission of a non-discriminatory limited growth policy. Such policy should be based on actual gas supplies available to the gas supplier and its ability to meet the needs of its existing consumers. Preference should be given to the addition of priority use loads before adding other types of loads.

(3) Prohibit consumers from increasing consumption of gas above the normal usage of presently installed equipment.

(4) Prohibit consumers from installing equipment that would increase gas consumption.

(5) Require consumers to verify that installing replacement equipment would not increase fuel burning capacity.

(B) The following plan shall be followed to restore or commence service to residential and small commercial premises during an energy emergency while new service restrictions are in effect:

(1) The following residential and small commercial locations are ineligible for restoration or commencement of gas service:

(a) Any existing structure:

(i) Which has never received gas service.

(ii) With regard to which service has been transferred to a different location, unless gas service is transferred to that existing structure from another location.

(b) Any vacant site:

(i) Which has not received gas service within the last five years.

(ii) With regard to which gas service has been transferred to a different location, unless gas service has been transferred to the vacant site from another location within the last five years.

(2) Gas service for eligible, currently unserved residential and small commercial premises may be restored provided that both of the following provisions are met:

(a) The consumption pattern is similar to the consumption pattern of the premises during the last five-year period that the premises was receiving gas service and the volume consumed does not exceed the largest volume consumed at that premises during the last five-year period during which the premises received gas service. If the gas supplier does not have records covering the entire preceding five-year period, then it may, for purposes of this paragraph, use data from the period for which such information is readily available.

(b) The customer shall reimburse the gas supplier for all direct costs to commence service at such premises.

(3) The owner of premises may submit a written application to the gas supplier to transfer gas to new or currently unserved premises that are owned by the applicant. Such an application may be approved provided that:

(a) The applicant demonstrates that:

(i) The conditions set forth in paragraph (B)(2) of this rule are satisfied.

(ii) All gas burning equipment and all visible piping have been removed by the applicant from the premises from which gas service is to be transferred.

(iii) An onsite inspection has been conducted by the gas supplier to verify that the conditions set forth in paragraph (B)(3) of this rule have been met.

(b) If gas is transferred to new or currently unserved premises, an application for service at the site of the premises from which service was transferred will be treated as an application for new service under this plan, unless gas service was transferred to those premises from another location within the preceding five years.

(c) No gas service shall be transferred from premises located within a geographical area designated as "inner city" or "impacted area" by a municipal corporation to a new or currently unserved premises outside this "inner city" or "impacted area." The gas supplier shall request the municipal corporation it serves to file with the utility a written document indicating the geographical limits of the areas the municipality defines as "inner city" or "impacted area." The gas supplier shall file copies of these documents with the commission.

Any disputes concerning the designation of an "inner city" or an "impacted area" will be resolved by the commission after reviewing the locations of existing urban renewal projects, and the criteria set forth in the definitions of a "blighted area" and a "slum area" contained in section 725.01 of the Revised Code.

(4) In computing the five-year period referred to in this rule, the gas supplier shall exclude:

(a) Any period of time during which the property was subject to probate proceedings under Title 21 of the Revised Code.

(b) Any period of time during which the property was held by any governmental entity, whether federal, state, municipal, township, or county, or any agency or division thereof.

(5) If residential or small commercial consumers are curtailed pursuant to a curtailment plan, then the volume allocated upon restoration of service shall be limited according to the curtailment plan rather than paragraph (B)(2)(a) of this rule.

(6) For each gas supplier, the definition of small commercial consumer shall be as set forth in previous orders authorizing curtailment or restrictions on new service. If no such definition has been approved, the following definition shall apply: small commercial consumers are those engaged primarily in the sale of goods and services, and local, state and federal governmental agencies and departments other than those involved in manufacturing or electric power generation, whose average daily usage during the peak billing period is less than fifty thousand cubic feet.

Last updated June 26, 2025 at 11:38 PM

History

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

Chapter 4901:5-29 Heating Oil and Propane Emergency

Ohio Adm.Code 4901:5-29-01 Definitions.

As used in this chapter:

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

(B) "Consumer" means a person who consumes heating oil or propane at a specified location.

(C) "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 heating oil or propane 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.

(D) "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.

(E) "Hardship" means actual or threatened conditions of substantial discomfort and/or economic dislocation.

(F) "Heating oil supplier" and "propane supplier" mean:

(1) A heating oil company or propane company owned by a municipal corporation.

(2) Any producer, broker, or person engaged in the business of supplying heating oil or propane to heating oil companies, propane companies, or consumers within this state.

(3) Any person that owns, operates, manages, controls, or leases intrastate storage fields or pools.

(G) "Heating oil" means all oil that can be used as boiler or space heating fuel, including kerosene, number two heating oil, and number six heating oil; but excluding fuel used primarily for internal combustion or other types of automotive transportation vehicles or equipment, such as gasoline, diesel, aviation and jet fuel, naphtha, butane, ethane, methane, and pentane; and excluding oil that is not used as boiler or space heating fuel, such as solvent, cutting oil, lubricating oil, and asphalt.

(H) "Kerosene" means a petroleum distillate that has a maximum distillation temperature of four hundred and one degrees Fahrenheit at the ten per cent recovery point, a final boiling point of five hundred and seventy-two degrees Fahrenheit, and a minimum flash point of one hundred degrees Fahrenheit. Included are the two grades generally known as number 1-K and number 2-K, and all grades of kerosene called range or stove oil. Kerosene is used in space heaters, cook stoves, and water heaters and is suitable for use as an illuminant when burned in wick lamps.

(I) "Nonpriority use" means all use of heating oil and propane for other than priority use.

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

(K) "Priority use" means the minimum amount of heating oil or propane 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) Sanitary service facilities for collection, treatment, or disposal of community sewage.

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

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

(11) 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.

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

(13) Water supply and pumping facilities.

(14) Coal mines and related facilities.

(15) Such other similar facilities as may be determined by the commission to be a priority use.

(L) "Propane" means a normally gaseous straight-chain hydrocarbon that is colorless and boils at a temperature of minus forty-three point sixty-seven degrees Fahrenheit. Propane is extracted from natural gas or refinery gas streams. It includes all products generally used for commercial purposes and products generally known as HD-5 propane.

(M) "Supplier" means a heating oil supplier or propane supplier.

Last updated July 17, 2023 at 12:15 PM

History

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

Ohio Adm.Code 4901:5-29-02 General provisions.

(A) Suppliers may continue their normal operations and distribution of all heating oil and propane product types and volumes reported on monthly forms to the United States department of energy and the commission following a declaration of an energy emergency. Pursuant to all federal and state laws and regulations, suppliers shall assure, to the extent reasonably possible, the provision of such products under their distribution control to ultimate Ohio consumers for priority use and shall reduce, on an equitable basis, provision of such products under their distribution to consumers for nonpriority use.

(B) Compliance with the rules in this chapter is mandatory upon all affected persons unless the federal government imposes allocation regulations, enacts federal regulations establishing a state set-aside system, or dictates supplier/purchaser relationships, any of which are in conflict with this chapter. In the case of a conflict, the federal regulations supersede all conflicting rules in this chapter.

(C) During an energy emergency, in the exceptional circumstance in which a supplier is unable to meet fully its consumers' priority use requirements for the current calendar month from volumes available, the commission may provide assistance in obtaining adequate product for priority use for the balance of the current month. Each supplier that has an inadequate supply of product for its consumers' priority use requirements for the current calendar month shall notify the commission of the number, names, product type, and volume required for priority use consumers beyond the capability of the supplier.

(D) During an energy emergency, the commission may accept requests for such assistance for relief of verifiable consumer hardship or extraordinary conditions. Such requests may be accepted by the commission from suppliers that would supply the affected consumer. All requests shall be submitted in a manner and form prescribed by the commission.

(E) During an energy emergency, the commission may establish a toll-free telephone number for consumers in this state to request state assistance for relief from verifiable emergency or hardship conditions.

(F) During an energy emergency, the commission may designate, as priority use, the volume of such product necessary to relieve emergency or hardship conditions found to be extant and may request the consumer's supplier to deliver such product volume to the consumer, provided the consumer offers fair compensation.

(G) During an energy emergency, if the commission finds that a supplier has insufficient product to provide for all consumers' priority use requirements in the current month and/or is unable to provide product for consumers who, facing emergency or hardship conditions, have had priority use designation by the commission, the commission may request another supplier to provide product.

(H) During an energy emergency, each supplier that has a surplus supply of product for its consumers' priority use requirements for the current calendar month is expected to assure, to the extent reasonably possible, provision of product to consumers that are not its customers for their priority use requirements for the balance of the current month, provided:

(1) Fair compensation is offered by the new priority use consumers.

(2) The new priority use consumers can substantiate their priority use requirements.

(3) No threat to the life, property, health, or safety of the supplier's customers would result.

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

(J) The commission's fuel source advisory council may notify and advise the chairperson of the commission about heating oil and propane supply problems and shortages and may make recommendations, including the need for the governor to declare an energy emergency and to implement rule 4901:5-29-04 of the Administrative Code.

(K) 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 heating oil or propane.

(2) An energy emergency no longer exists with regard to the supply of heating oil or propane.

(L) 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.

(M) 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 June 25, 2025 at 5:57 PM

History

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

Ohio Adm.Code 4901:5-29-04

(A) Voluntary curtailment. Upon declaration of an energy emergency by the governor, or at such time as it is otherwise determined by the governor that such action is appropriate:

(1) The commission may implement, or cause to be implemented, a public appeals campaign through appropriate news media to alert the public to the impending shortage of heating oil or propane. This appeal may seek voluntary reduction in the consumption of such fuels and may include specific suggested conservation measures for achieving such reduction.

(2) The governor may request that federal priority be given to all air, rail, barge, highway, and pipeline traffic of essential fuel supplies into this state or a region of this state affected by the energy emergency.

(3) The governor may request that the United States department of transportation suspend federal limits on highway drivers' hours of service for heating oil or propane delivery for the duration of the energy emergency.

(4) The Ohio department of transportation may be requested to suspend truck size and weight limitations that constrain the delivery of heating oil or propane, for the duration of the energy emergency.

(5) The governor may suspend intrastate motor carrier weight and drivers' hours of service limitations and waive economic permits and fees that constrain the delivery of heating oil or propane for the duration of the energy emergency.

(6) Each supplier, to the extent possible, shall notify any of its consumers for whom forecasted fuel supplies are inadequate for the foreseeable future and shall provide to its consumers information on actions the supplier will take to allocate the available supply of heating oil or propane, the time period(s) in which these actions will be in effect, and procedures for consumers wishing to substantiate a claim for priority use.

(7) Each supplier shall report to the commission the information that the commission determines necessary to evaluate the supply of heating oil or propane in Ohio.

(8) The commission may calculate the remaining supply of heating oil or propane for priority use.

(9) A supplier's highest priority shall be to meet in full the heating oil or propane product priority use requirements for the current calendar month of all consumers from such supplier's available volumes. Suppliers shall reduce sales and/or deliveries to consumers for nonpriority use sufficiently to assure that all consumers' priority use requirements for the balance of the current calendar month are met in full.

(10) The commission may designate certain geographical areas within the state as suffering from a supply imbalance. The commission may order suppliers to release part or all of their state set-aside volume, as determined under Chapter 4901:5-35 of the Administrative Code, in order to increase the supply of heating oil or propane in such designated areas. Orders issued pursuant to this paragraph shall be in writing and effective immediately upon issuance. Such orders shall represent an option on the supplier's set-aside volumes for the month of issuance regardless of the fact that delivery cannot be made until the following month.

(B) During an energy emergency the governor may order mandatory curtailment of the use of heating oil or propane after consultation with the commission and the appropriate heating oil and propane suppliers and consumers.

Last updated June 26, 2025 at 4:16 AM

History

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

Ohio Adm.Code 4901:5-29-03 Enforcement on governor's instruction.

(A) No rule shall be implemented in this chapter, other than paragraphs (B) and (I) to (M) of rule 4901:5-29-02 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 8:24 AM

History

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

Chapter 4901:5-33 Transportation Fuel Emergency

Ohio Adm.Code 4901:5-33-01 Definitions.

As used in this chapter:

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

(B) "Consumer" means a person who consumes transportation fuel.

(C) "Customer" means a person legally responsible to pay for transportation fuel.

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

(1) Police and firefighting facilities, emergency management and response facilities, military bases, federal facilities essential to national defense, Ohio national guard facilities, and the Ohio department of public safety.

(2) Utility, water supply, emergency road works, sanitation maintenance and repair, and emergency road service vehicles and related equipment.

(3) Public transit vehicles, United States mail vehicles, buses, taxis, school buses, other common passenger carriers, and air, water, rail, or highway vehicles and related equipment.

(4) Farm food production machinery and equipment.

(5) Commercial motor vehicles and other carriers of essential needs such as coal, artificial or synthetic gas, propane, petroleum fuel, perishable medicines and medical supplies, dairy products, meat, fish, poultry, eggs, produce, grain, breads, and livestock and poultry feed.

(6) Nonvehicular stationary use required for any priority use designated in rule 4901:5-29-01 of the Administrative Code.

(7) Such other similar items as may be determined by the commission to be a priority use.

(J) "Transportation fuel" means all petroleum-based fuel that is used for internal combustion or other types of transportation vehicles or equipment, specifically including but not limited to, gasoline, diesel, aviation gasoline, jet fuel, and fuel used by railroad locomotives and track mounted equipment; but excluding kerosene, number two heating oil, number four heating oil, number six heating oil, naphtha, butane, ethane, methane, pentane, and all cutting oil, lubricating oil, and solvents.

(K) "Transportation fuel supplier" or "supplier" means:

(1) A transportation fuel company owned by a municipal corporation.

(2) Any producer, broker, or person engaged in the business of supplying transportation fuel within this state.

(3) Any person that owns, operates, manages, controls, or leases intrastate storage of transportation fuel.

Last updated July 17, 2023 at 12:15 PM

History

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

Ohio Adm.Code 4901:5-29-01

As used in this chapter:

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

(B) "Consumer" means a person who consumes heating oil or propane at a specified location.

(C) "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 heating oil or propane 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.

(D) "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.

(E) "Hardship" means actual or threatened conditions of substantial discomfort and/or economic dislocation.

(F) "Heating oil supplier" and "propane supplier" mean:

(1) A heating oil company or propane company owned by a municipal corporation.

(2) Any producer, broker, or person engaged in the business of supplying heating oil or propane to heating oil companies, propane companies, or consumers within this state.

(3) Any person that owns, operates, manages, controls, or leases intrastate storage fields or pools.

(G) "Heating oil" means all oil that can be used as boiler or space heating fuel, including kerosene, number two heating oil, and number six heating oil; but excluding fuel used primarily for internal combustion or other types of automotive transportation vehicles or equipment, such as gasoline, diesel, aviation and jet fuel, naphtha, butane, ethane, methane, and pentane; and excluding oil that is not used as boiler or space heating fuel, such as solvent, cutting oil, lubricating oil, and asphalt.

(H) "Kerosene" means a petroleum distillate that has a maximum distillation temperature of four hundred and one degrees Fahrenheit at the ten per cent recovery point, a final boiling point of five hundred and seventy-two degrees Fahrenheit, and a minimum flash point of one hundred degrees Fahrenheit. Included are the two grades generally known as number 1-K and number 2-K, and all grades of kerosene called range or stove oil. Kerosene is used in space heaters, cook stoves, and water heaters and is suitable for use as an illuminant when burned in wick lamps.

(I) "Nonpriority use" means all use of heating oil and propane for other than priority use.

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

(K) "Priority use" means the minimum amount of heating oil or propane 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) Sanitary service facilities for collection, treatment, or disposal of community sewage.

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

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

(11) 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.

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

(13) Water supply and pumping facilities.

(14) Coal mines and related facilities.

(15) Such other similar facilities as may be determined by the commission to be a priority use.

(L) "Propane" means a normally gaseous straight-chain hydrocarbon that is colorless and boils at a temperature of minus forty-three point sixty-seven degrees Fahrenheit. Propane is extracted from natural gas or refinery gas streams. It includes all products generally used for commercial purposes and products generally known as HD-5 propane.

(M) "Supplier" means a heating oil supplier or propane supplier.

Last updated July 17, 2023 at 12:15 PM

History

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

Ohio Adm.Code 4901:5-33-02 General provisions.

(A) The requirements of this chapter are keyed to the remaining supply of transportation fuel for priority use. The commission expects suppliers to take all prudent measures prior to reaching the stages of action under this chapter. Once the stages of action are reached, all suppliers shall initiate and continue implementation of required actions until directed to do otherwise.

(B) Suppliers shall continue normal operations and distribution of all transportation fuel types and volumes reported on monthly forms submitted to the United States department of energy and the commission, following a declaration of an energy emergency. Pursuant to all federal and state laws and regulations, suppliers shall assure, to the extent reasonably possible, the provision of such products under their distribution control to ultimate Ohio consumers for priority use and shall reduce, on an equitable basis, the provision of such products under their distribution control to their reseller customers and/or to consumers for nonpriority use.

(C) Compliance with the rules in this chapter is mandatory upon all affected persons unless the federal government imposes allocation regulations, enacts federal regulations establishing a state set-aside system, or dictates supplier/purchaser relationships, any of which are in conflict with these rules. In the case of a conflict, the federal regulations supersede all conflicting rules in this chapter.

(D) During an energy emergency, in the exceptional circumstance in which a supplier is unable to meet fully its consumers' priority use requirements for the current calendar month from volumes available to it, the commission may provide assistance in obtaining adequate product for priority use for the balance of the current month. Each supplier that has an inadequate supply of product for its consumers' priority use requirements for the current calendar month shall notify the commission of the number, names, product type, and volume required for priority use consumers beyond the capability of the supplier.

(E) During an energy emergency, the commission may accept requests for such assistance for relief of verifiable consumer hardship or extraordinary conditions. Such requests may be accepted by the commission from suppliers who would supply the affected consumer or from the consumer. All requests shall be submitted in a manner and form prescribed by the commission.

(F) During an energy emergency, the commission may establish a toll-free telephone number for consumers in this state to request such assistance for relief from verifiable emergency or hardship conditions.

(G) During an energy emergency, the commission may designate as priority use the volume of such product necessary to relieve consumer emergency or hardship conditions found to be extant and may request the consumer's supplier to provide such product volume to the consumer, provided the consumer offers fair compensation.

(H) During an energy emergency, if the commission finds that a supplier has insufficient product to provide for all consumers' priority use requirements in the current month and/or is unable to provide product for consumers who, facing emergency or hardship conditions, have had priority use designation by the commission, the commission may request another supplier to provide product.

(I) During an energy emergency, each supplier that has a surplus supply of product for its consumers' priority use requirements for the current calendar month shall honor, to the extent reasonably possible, requests by the commission to provide product to consumers that are not its customers for their priority use requirements for the balance of the current month, provided all of the following standards are met:

(1) Fair compensation is offered by the new priority use consumers.

(2) The new priority use consumers can substantiate their priority use requirements.

(3) No threat to the life, property, health, or safety of the supplier's customers would result.

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

(K) The commission's fuel source advisory council may notify and advise the chairperson of the commission about transportation fuel supply problems and shortages and may make recommendations, including the need for the governor to declare an energy emergency and to implement rule 4901:5-33-04 of the Administrative Code.

(L) 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 transportation fuel.

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

(M) 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.

(N) 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 8:24 AM

History

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

Ohio Adm.Code 4901:5-33-04

(A) Voluntary curtailment.

(1) The commission may implement, or cause to be implemented, a public appeals campaign through appropriate news media to alert the public to the impending shortage of transportation fuel. This appeal may seek voluntary reductions in the consumption of such fuel and may include specific suggested conservation measures for achieving such reductions.

(2) The governor may request that federal priority be given to all air, rail, barge, highway, and pipeline traffic of essential fuel supplies into this state or a region of this state affected by the energy emergency.

(3) The governor may request the federal department of transportation to suspend federal limits on highway drivers' hours of service for transportation fuel delivery for the duration of the energy emergency.

(4) The Ohio department of transportation may be requested to suspend truck size and weight limitations that constrain the delivery of transportation fuel for the duration of the energy emergency.

(5) The governor may suspend intrastate common carrier weight and log limitations and waive economic permits and fees that constrain the delivery of transportation fuel for the duration of the energy emergency.

(6) The Ohio state highway patrol and all political subdivisions may be requested to enforce existing speed limits and traffic regulations strictly.

(7) Each supplier, to the extent possible, shall notify any of its consumers for whom forecasted fuel supplies are inadequate for the foreseeable future, and shall provide its consumers information on:

(a) Actions the supplier will take to allocate the available supply of fuel(s).

(b) The time period(s) in which any consumer or class of consumers would be subject to curtailment, allocation, or other restriction of fuel supply.

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

(8) Each supplier shall report to the commission the information the commission determines necessary to manage the energy emergency.

(9) The commission may calculate the remaining supply of each fuel for priority use consumers.

(10) A supplier's highest priority shall be to meet in full the transportation fuel product priority use requirements for the current calendar month of all consumers of record from such supplier's available volumes. Suppliers shall reduce sales and/or deliveries to customers for nonpriority use sufficiently to assure that all consumers' priority use requirements for the balance of the current calendar month are met in full.

(11) The commission may designate certain geographical areas within the state as suffering from a supply imbalance. The commission may order suppliers to release part or all of their state set-aside volume, as determined in Chapter 4901:5-35 of the Administrative Code, in order to increase the supply of transportation fuel in such designated areas. Orders issued pursuant to this paragraph shall be in writing and effective immediately upon issuance. Such orders shall represent an option on the supplier's set-aside volumes for the month of issuance regardless of the fact that delivery cannot be made until the following month.

Last updated June 25, 2025 at 5:57 PM

History

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

Ohio Adm.Code 4901:5-33-03 Enforcement on governor's instruction.

(A) No rule shall be implemented in this chapter, other than paragraphs (A), (C), and (J) to (N) of rule 4901:5-33-02 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 8:24 AM

History

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

Chapter 4901:5-35 Application for Assignment Under State Set-Aside System

Ohio Adm.Code 4901:5-35-01 Definitions.

As used in this chapter:

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

(B) "Consumer" means a person who consumes heating oil, propane, or transportation fuel.

(C) "Customer" means a person legally responsible to pay for heating oil, propane, or transportation fuel.

(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 heating oil, propane, or transportation fuel 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) "Heating oil" means all oil that can be used as boiler or space heating fuel, including kerosene, number two heating oil, and number six heating oil; but excluding fuel used primarily for internal combustion or other types of automotive transportation vehicles or equipment, such as gasoline, diesel, aviation and jet fuel, naphtha, butane, ethane, methane, and pentane; and excluding oil that is not used as boiler or space heating fuel, such as solvent, cutting oil, lubricating oil, and asphalt.

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

(H) "Primary supplier" means a person who brings heating oil, propane, or transportation fuel into this state for first sale.

(I) "Priority use" and "nonpriority use" has the same meaning as assigned to these terms in rule 4901:5-29-01 of the Administrative Code when related to an energy emergency affecting heating oil or propane and in rule 4901:5-33-01 of the Administrative Code when related to an energy emergency affecting transportation fuel.

(J) "Program" means a state set-aside program established by the commission pursuant to the provisions of this chapter.

(K) "Propane" means a normally gaseous straight-chain hydrocarbon that is colorless and boils at a temperature of minus forty-three point sixty-seven degrees Fahrenheit. Propane is extracted from natural gas or refinery gas streams. It includes all products generally used for commercial purposes and products generally known as HD-5 propane.

(L) "Secondary supplier" means a person, including any wholesale purchaser or reseller or distributor, who sells heating oil, propane, or transportation fuel to customers and/or consumers in this state.

(M) "Transportation fuel" means all petroleum-based fuel that is used for internal combustion or other types of transportation vehicles or equipment, specifically including but not limited to gasoline, diesel, aviation gasoline, jet fuel, and fuel used by railroad locomotives and track-mounted equipment; but excluding kerosene, number two heating oil, number four heating oil, number six heating oil, naphtha, butane, ethane, methane, pentane, and all cutting oil, lubricating oil, and solvents.

Last updated June 30, 2025 at 10:53 PM

History

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

Ohio Adm.Code 4901:5-29-01

As used in this chapter:

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

(B) "Consumer" means a person who consumes heating oil or propane at a specified location.

(C) "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 heating oil or propane 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.

(D) "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.

(E) "Hardship" means actual or threatened conditions of substantial discomfort and/or economic dislocation.

(F) "Heating oil supplier" and "propane supplier" mean:

(1) A heating oil company or propane company owned by a municipal corporation.

(2) Any producer, broker, or person engaged in the business of supplying heating oil or propane to heating oil companies, propane companies, or consumers within this state.

(3) Any person that owns, operates, manages, controls, or leases intrastate storage fields or pools.

(G) "Heating oil" means all oil that can be used as boiler or space heating fuel, including kerosene, number two heating oil, and number six heating oil; but excluding fuel used primarily for internal combustion or other types of automotive transportation vehicles or equipment, such as gasoline, diesel, aviation and jet fuel, naphtha, butane, ethane, methane, and pentane; and excluding oil that is not used as boiler or space heating fuel, such as solvent, cutting oil, lubricating oil, and asphalt.

(H) "Kerosene" means a petroleum distillate that has a maximum distillation temperature of four hundred and one degrees Fahrenheit at the ten per cent recovery point, a final boiling point of five hundred and seventy-two degrees Fahrenheit, and a minimum flash point of one hundred degrees Fahrenheit. Included are the two grades generally known as number 1-K and number 2-K, and all grades of kerosene called range or stove oil. Kerosene is used in space heaters, cook stoves, and water heaters and is suitable for use as an illuminant when burned in wick lamps.

(I) "Nonpriority use" means all use of heating oil and propane for other than priority use.

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

(K) "Priority use" means the minimum amount of heating oil or propane 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) Sanitary service facilities for collection, treatment, or disposal of community sewage.

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

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

(11) 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.

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

(13) Water supply and pumping facilities.

(14) Coal mines and related facilities.

(15) Such other similar facilities as may be determined by the commission to be a priority use.

(L) "Propane" means a normally gaseous straight-chain hydrocarbon that is colorless and boils at a temperature of minus forty-three point sixty-seven degrees Fahrenheit. Propane is extracted from natural gas or refinery gas streams. It includes all products generally used for commercial purposes and products generally known as HD-5 propane.

(M) "Supplier" means a heating oil supplier or propane supplier.

Last updated July 17, 2023 at 12:15 PM

History

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

Ohio Adm.Code 4901:5-33-01

As used in this chapter:

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

(B) "Consumer" means a person who consumes transportation fuel.

(C) "Customer" means a person legally responsible to pay for transportation fuel.

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

(1) Police and firefighting facilities, emergency management and response facilities, military bases, federal facilities essential to national defense, Ohio national guard facilities, and the Ohio department of public safety.

(2) Utility, water supply, emergency road works, sanitation maintenance and repair, and emergency road service vehicles and related equipment.

(3) Public transit vehicles, United States mail vehicles, buses, taxis, school buses, other common passenger carriers, and air, water, rail, or highway vehicles and related equipment.

(4) Farm food production machinery and equipment.

(5) Commercial motor vehicles and other carriers of essential needs such as coal, artificial or synthetic gas, propane, petroleum fuel, perishable medicines and medical supplies, dairy products, meat, fish, poultry, eggs, produce, grain, breads, and livestock and poultry feed.

(6) Nonvehicular stationary use required for any priority use designated in rule 4901:5-29-01 of the Administrative Code.

(7) Such other similar items as may be determined by the commission to be a priority use.

(J) "Transportation fuel" means all petroleum-based fuel that is used for internal combustion or other types of transportation vehicles or equipment, specifically including but not limited to, gasoline, diesel, aviation gasoline, jet fuel, and fuel used by railroad locomotives and track mounted equipment; but excluding kerosene, number two heating oil, number four heating oil, number six heating oil, naphtha, butane, ethane, methane, pentane, and all cutting oil, lubricating oil, and solvents.

(K) "Transportation fuel supplier" or "supplier" means:

(1) A transportation fuel company owned by a municipal corporation.

(2) Any producer, broker, or person engaged in the business of supplying transportation fuel within this state.

(3) Any person that owns, operates, manages, controls, or leases intrastate storage of transportation fuel.

Last updated July 17, 2023 at 12:15 PM

History

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

Ohio Adm.Code 4901:5-35-02 General provisions.

A state set-aside program may be established for heating oil, propane, and transportation fuel, for the purpose of providing relief to Ohio consumers experiencing an energy emergency. In such event, the following shall apply:

(A) Authority shall be delegated to the commission by order of the governor to administer the program. The program shall be utilized by the commission to meet emergency requirements of all consumers and customers within the state from program volumes, including state and local government consumers and customers. To facilitate relief of emergency requirements of consumers and customers, the commission may direct that a secondary supplier be supplied from amounts set aside by another primary or secondary supplier pursuant to the program, in order that the secondary supplier can supply the consumers and customers experiencing an emergency.

(B) Primary and secondary suppliers shall inform the commission, in accordance with paragraph (A)(7) of rule 4901:5-29-04 and paragraph (A)(8) of rule 4901:5-33-04 of the Administrative Code, of the product subject to the program and of the estimated volume of each product to be sold into the state for consumption within the state.

(C) The governor, after consultation with the chairperson of the commission, shall determine the program percentage level, not to exceed five per cent, for each product subject to the program.

(D) The set-aside volume available to the commission for a particular month pursuant to the program shall be calculated by multiplying the program percentage level by each primary and secondary supplier's estimated portion of its total supply for that month that will be sold into the state's distribution system for consumption within the state.

(E) The set-aside volume for a particular month can be accumulated or deferred. That set-aside volume shall be made available to the commission from stocks of primary and secondary suppliers, either directly or through their suppliers.

(F) The commission may authorize allocations from the program during this period for emergency needs only.

(G) Each primary and secondary supplier shall meet the full priority use consumer product requirements from available volumes. Each supplier shall reduce deliveries for nonpriority use to consumers sufficiently to assure priority use needs are met in full.

(H) The commission may accept applications for emergency allocations under the program from the secondary supplier who would supply the affected consumer. An application submitted by a secondary supplier for an allocation under the program, to supply verifiable consumer emergency needs, shall:

(1) Contain a statement of certifications, subject to the penalties of division (E) of section 4935.03 of the Revised Code, that:

(a) All information provided is truthful and accurate.

(b) No product volume granted from the program will be diverted to use other than the alleviation of the emergency use described in the application.

(c) The secondary supplier has delivered, or will deliver, one hundred per cent of all monthly supply volumes available to it to its end user customers.

(2) Identify the consumer's existing primary or secondary supplier or, if the consumer does not have an existing primary or secondary supplier, at least two primary or secondary suppliers (including one primary and one secondary supplier) that the applicant has contacted to provide the allocated product.

(3) Meet the requirements set forth in rule 4901:5-35-03 of the Administrative Code.

(I) The commission will make every effort to assure that consumers with emergency product needs will receive sufficient product. The allocation of product to and the fulfillment of an emergency need is considered a priority use.

(J) A secondary supplier requesting an allocation from the program may be requested to provide to the commission a list of those consumers for whom product is requested. This list shall identify the volume of each consumer's request, as well as the type of use for which application is made.

(K) All emergency applications for assignment from the program, and appeals therefrom, shall be filed with and resolved by the commission in accordance with this chapter.

(L) If the commission approves an emergency application, it shall assign a supplier and an amount from the program to the applicant.

(M) The commission shall issue to an applicant that is granted an assignment a document authorizing such assignment, with a copy provided to the primary or secondary supplier's representative. The authorizing document is effective upon issuance and represents an option on that primary or secondary supplier's program volumes for the month of issuance, regardless of the fact that delivery of the product may not be made until the following month. An authorizing document not presented to the primary or secondary supplier within ten days of issuance shall expire after that time.

(N) The primary or secondary supplier shall provide the assigned amount of the allocated product to an applicant when presented with an authorizing document which entitles the applicant to receive product from the primary or secondary supplier from which the state set-aside assignment has been made.

(O) All primary and secondary suppliers shall supply products from their program volume each month, as directed by the commission, not to exceed the total program volume for each product for that month. That portion of a primary or secondary supplier's program volume for a particular month that is not allocated by the commission during that month or that is not subject to an authorizing document issued no later than the last day of that month shall be a part of the primary or secondary supplier's total supply for the subsequent month and shall be distributed according to the allocation procedures set forth in this chapter.

(P) At any time during the month, the commission may order the release of part or all of a primary or secondary supplier's program volume through the primary or secondary supplier's normal distribution system in the state.

(Q) The chairperson of the commission shall notify the governor when, based on the information available to the chairperson, the chairperson believes that an energy emergency exists or no longer exists with regard to the supply of heating oil, propane, or transportation fuel.

(R) 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.

(S) 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 June 26, 2025 at 2:18 PM

History

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

Ohio Adm.Code 4901:5-29-04

(A) Voluntary curtailment. Upon declaration of an energy emergency by the governor, or at such time as it is otherwise determined by the governor that such action is appropriate:

(1) The commission may implement, or cause to be implemented, a public appeals campaign through appropriate news media to alert the public to the impending shortage of heating oil or propane. This appeal may seek voluntary reduction in the consumption of such fuels and may include specific suggested conservation measures for achieving such reduction.

(2) The governor may request that federal priority be given to all air, rail, barge, highway, and pipeline traffic of essential fuel supplies into this state or a region of this state affected by the energy emergency.

(3) The governor may request that the United States department of transportation suspend federal limits on highway drivers' hours of service for heating oil or propane delivery for the duration of the energy emergency.

(4) The Ohio department of transportation may be requested to suspend truck size and weight limitations that constrain the delivery of heating oil or propane, for the duration of the energy emergency.

(5) The governor may suspend intrastate motor carrier weight and drivers' hours of service limitations and waive economic permits and fees that constrain the delivery of heating oil or propane for the duration of the energy emergency.

(6) Each supplier, to the extent possible, shall notify any of its consumers for whom forecasted fuel supplies are inadequate for the foreseeable future and shall provide to its consumers information on actions the supplier will take to allocate the available supply of heating oil or propane, the time period(s) in which these actions will be in effect, and procedures for consumers wishing to substantiate a claim for priority use.

(7) Each supplier shall report to the commission the information that the commission determines necessary to evaluate the supply of heating oil or propane in Ohio.

(8) The commission may calculate the remaining supply of heating oil or propane for priority use.

(9) A supplier's highest priority shall be to meet in full the heating oil or propane product priority use requirements for the current calendar month of all consumers from such supplier's available volumes. Suppliers shall reduce sales and/or deliveries to consumers for nonpriority use sufficiently to assure that all consumers' priority use requirements for the balance of the current calendar month are met in full.

(10) The commission may designate certain geographical areas within the state as suffering from a supply imbalance. The commission may order suppliers to release part or all of their state set-aside volume, as determined under Chapter 4901:5-35 of the Administrative Code, in order to increase the supply of heating oil or propane in such designated areas. Orders issued pursuant to this paragraph shall be in writing and effective immediately upon issuance. Such orders shall represent an option on the supplier's set-aside volumes for the month of issuance regardless of the fact that delivery cannot be made until the following month.

(B) During an energy emergency the governor may order mandatory curtailment of the use of heating oil or propane after consultation with the commission and the appropriate heating oil and propane suppliers and consumers.

Last updated June 26, 2025 at 4:16 AM

History

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

Ohio Adm.Code 4901:5-33-04

(A) Voluntary curtailment.

(1) The commission may implement, or cause to be implemented, a public appeals campaign through appropriate news media to alert the public to the impending shortage of transportation fuel. This appeal may seek voluntary reductions in the consumption of such fuel and may include specific suggested conservation measures for achieving such reductions.

(2) The governor may request that federal priority be given to all air, rail, barge, highway, and pipeline traffic of essential fuel supplies into this state or a region of this state affected by the energy emergency.

(3) The governor may request the federal department of transportation to suspend federal limits on highway drivers' hours of service for transportation fuel delivery for the duration of the energy emergency.

(4) The Ohio department of transportation may be requested to suspend truck size and weight limitations that constrain the delivery of transportation fuel for the duration of the energy emergency.

(5) The governor may suspend intrastate common carrier weight and log limitations and waive economic permits and fees that constrain the delivery of transportation fuel for the duration of the energy emergency.

(6) The Ohio state highway patrol and all political subdivisions may be requested to enforce existing speed limits and traffic regulations strictly.

(7) Each supplier, to the extent possible, shall notify any of its consumers for whom forecasted fuel supplies are inadequate for the foreseeable future, and shall provide its consumers information on:

(a) Actions the supplier will take to allocate the available supply of fuel(s).

(b) The time period(s) in which any consumer or class of consumers would be subject to curtailment, allocation, or other restriction of fuel supply.

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

(8) Each supplier shall report to the commission the information the commission determines necessary to manage the energy emergency.

(9) The commission may calculate the remaining supply of each fuel for priority use consumers.

(10) A supplier's highest priority shall be to meet in full the transportation fuel product priority use requirements for the current calendar month of all consumers of record from such supplier's available volumes. Suppliers shall reduce sales and/or deliveries to customers for nonpriority use sufficiently to assure that all consumers' priority use requirements for the balance of the current calendar month are met in full.

(11) The commission may designate certain geographical areas within the state as suffering from a supply imbalance. The commission may order suppliers to release part or all of their state set-aside volume, as determined in Chapter 4901:5-35 of the Administrative Code, in order to increase the supply of transportation fuel in such designated areas. Orders issued pursuant to this paragraph shall be in writing and effective immediately upon issuance. Such orders shall represent an option on the supplier's set-aside volumes for the month of issuance regardless of the fact that delivery cannot be made until the following month.

Last updated June 25, 2025 at 5:57 PM

History

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

Ohio Adm.Code 4901:5-35-03

This rule establishes the procedures that govern application for assignment under the program.

(A) Who may apply.

A secondary supplier seeking an assignment from the program to meet an emergency requirement may apply for an assignment under the program.

(B) What to file.

Application for assignment from the program shall be by a form approved by the commission.

(C) Where to file.

All applications shall be filed with the docketing division of the commission.

(D) Notice.

The commission may notify any person that it determines may be aggrieved by the assignment, that comments regarding the application will be accepted.

(E) Contents.

The commission shall require that an applicant provide sufficient information so that it may be determined that the proposed allocation satisfies the objectives of section 4935.03 of the Revised Code. At a minimum, such information shall include, but not be limited to:

(1) The identification of any previous assignment order from the program that was issued to the applicant or to any person that controls the applicant or is controlled by the applicant.

(2) A statement that the applicant's primary supplier is unable to supply the applicant's requirements or, if the applicant does not have a primary supplier, a statement that the applicant has contacted two primary suppliers that could supply the allocated product and the identification of those suppliers.

(3) For purposes of Chapter 4901:5-29 of the Administrative Code, a description of the consumers that will be supplied and their emergency requirements.

(F) Commission evaluation.

The commission may investigate any statement in an application and utilize in its evaluation any relevant facts obtained by such investigation. The commission may solicit and accept submissions from third persons relevant to any application provided that the applicant is afforded an opportunity to respond to all third party submissions.

(1) In evaluating an application, the commission may consider any other source of information. The commission on its own initiative may convene a conference, if, in its discretion, it considers that a conference will advance its evaluation of the application.

(2) If the commission determines that there is insufficient information upon which to base a decision and if upon request the necessary additional information is not submitted, the commission may dismiss the application without prejudice. If the failure to supply additional information is repeated or willful, the commission may dismiss the application with prejudice.

(3) There shall be assignment from the program only to secondary suppliers that are located within the state and that demonstrate emergency requirements.

(G) Decision and order.

Upon consideration of the application and other relevant information received or obtained during the proceeding, the commission's legal director, deputy legal director, or attorney examiner shall issue an order denying or granting the application.

(1) The order shall include a brief written statement summarizing the factual and legal basis upon which the order was issued.

(2) The order shall provide that any person aggrieved thereby may file an appeal with the commission in accordance with paragraph (I) of this rule. The order is effective upon issuance and expires within ten days of its issuance unless the applicant presents the applicant's copy of the order to the primary supplier or a designated local representative of such primary supplier within that ten-day period.

(3) The commission shall serve a copy of the order upon the applicant, the designated state representative of the primary or secondary supplier assigned to the applicant and any other person identified as one who might be aggrieved by said order.

(H) Timeliness.

(1) If the commission's legal director, deputy legal director, or attorney examiner fails to take action on an application within ten days of filing, the applicant may treat the application as having been denied in all respects and may appeal therefrom as provided in paragraph (I)(1) of this rule.

(2) Notwithstanding paragraph (H)(1) of this rule, the commission may temporarily suspend the running of the ten-day period if it finds that additional information is necessary, if it finds that the application was improperly filed, or for any reason deemed appropriate. A temporary suspension remains in effect until the commission serves upon the applicant notice that the additional information has been received and accepted or that the application has been properly filed, or until such time as is specified by the commission, as appropriate. Unless otherwise provided by the commission, the ten-day period resumes on the first day that is not a Saturday, Sunday, or legal holiday and that follows the day on which the commission serves upon the person notice as provided in this rule.

(I) Appeal.

(1) Any person aggrieved by an order issued by the commission's legal director, deputy legal director, or attorney examiner pursuant to this chapter, or by the denial of an application pursuant to paragraph (H)(1) of this rule may file an appeal to the commission.

(2) Any person wishing to take an appeal must file an application for review with the commission within five days from the issuance of the order from which the appeal is being taken. An extension of time for the filing of an appeal may be granted only under extraordinary circumstances. Any appeal filed shall set forth specifically the legal and factual grounds serving as the basis of the appeal. A memorandum in support thereof may be filed by the appealing party. The appealing party shall serve a copy of the appeal on all primary and secondary suppliers affected by the order.

(3) Any affected person may file a memorandum in support or in opposition to the appeal within three days after the filing of an appeal.

(4) The commission shall affirm, reverse, or modify the decision of the commission's legal director, deputy legal director, or attorney examiner within ten days of the filing of the appeal.

(5) Any person aggrieved by an order issued by the commission pursuant to the provisions of this chapter may file an appeal in accordance with Chapter 4903. of the Revised Code.

Last updated July 7, 2023 at 8:25 AM

History

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

Chapter 4901:5-37 Emergency Reporting by Electric Utilities

Ohio Adm.Code 4901:5-37-01 Definitions.

As used in this chapter:

(A) "Bulk electric system" means facilities and control systems necessary for operating an interconnected electric energy transmission network, one hundred kilovolts or higher, and any underlying transmission system that could limit or supplement the operation of the higher voltage transmission systems.

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

(C) "Critical situation" means an anticipated or existing shortage in the supply of electric energy, or constraint in the transmission, distribution, or generation of electrical energy, which has adversely affected, or is likely to adversely affect, the operation or reliability of transmission, distribution, or generation facilities.

(D) "Electric distribution utility" has the meaning set forth in division (A) of section 4928.01 of the Revised Code.

(E) "Electric entity" means any electric light company, supplier subject to certification under section 4928.08 of the Revised Code, electric power utility that is owned by a municipal corporation or not for profit, or electric power producer or marketer, as enumerated in division (A)(3) of section 4935.03 of the Revised Code.

(F) "Essential consumers" means the following consumers of an electric distribution utility:

(1) Hospitals and emergency care facilities, each of which provides medical care and performs in-patient procedures.

(2) Prisons and governmental detention institutions.

(3) Fire and police stations, Ohio national guard facilities, military bases, and federal facilities essential to the national defense.

(4) Any consumer on a medical or life-support system who has provided appropriate documentation to the electric distribution utility that an interruption of service would be immediately life-threatening.

(5) Radio and television stations used to transmit emergency messages and public information broadcasts relating to emergencies.

(6) Water pumping plants essential to the supply of potable water to a community.

(7) Sewage plants essential to the collection, treatment, and disposal of a community's sewage, except lift stations.

(8) Emergency management and response facilities and the countywide "911" system.

(9) Blood banks.

(G) "Municipal or cooperative" means any municipal electric utility, as defined in division (A) of section 4928.01 of the Revised Code, or any electric cooperative, as defined in division (A) of section 4928.01 of the Revised Code.

(H) "Noncompetitive retail electric service" has the meaning set forth in division (B) of section 4928.01 of the Revised Code.

Last updated July 17, 2023 at 12:15 PM

History

• Effective: November 8, 2012
• Promulgated Under: 111.15

Ohio Adm.Code 4901:5-37-02 General provisions.

(A) The rules in this chapter are intended to result in electric entities:

(1) Preventing emergencies.

(2) Initiating and performing system restoration for any electric service that suffered an outage due to a critical situation.

(3) Preserving and protecting electric services whose operations continued or were restored during a critical situation.

(B) Each electric distribution utility shall submit to the commission its curtailment plan and amendments on energy shortages or delivery constraints.

(C) The commission may consult with the independent system operator, regional transmission organization, independent consultant, or other outside entities, and may, in addition to the rules of this chapter, adopt orders to require any electric entity to take prescribed actions before an emergency and/or to initiate or to terminate any action during an emergency. The provisions of this paragraph do not apply to any municipal or cooperative unless the governor has declared an energy emergency under section 4935.03 of the Revised Code.

(D) 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.

(E) 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 8:26 AM

History

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

Ohio Adm.Code 4901:5-37-03 Reporting to the commission during a critical situation.

(A) Each electric entity shall promptly report to the commission:

(1) Uncontrolled loss in firm system load for fifteen minutes or more of electric power supply to a firm load of three hundred megawatts or more from a single incident.

(2) Any action to reduce firm customer loads or voltage in order to maintain reliability of the power supply system.

(3) Any appeal for the public to conserve electricity for purposes of maintaining the continuity of the electric power system.

(4) Fuel supply emergencies that could impact electric power system adequacy or reliability.

(5) Any emergency alert issued by an independent system operator or regional transmission organization that relates to or affects an electric entity.

(6) Implementation of any other legally imposed energy emergency alert procedure on behalf of the affected reporting electric entity.

(7) During an emergency, any outage or incident that damages or renders inoperable bulk electric system equipment located in Ohio.

(8) Any action taken pursuant to the rules of this chapter.

Each report shall be made by fax, electronic notification, voice mail, personal contact, or other commission-determined means with a designated commission representative and shall include a description of the situation. The provisions of this paragraph only apply to entities to the extent of the commission's statutory authority.

(B) When an electric entity is unable to relieve an existing or anticipated energy shortage by obtaining or purchasing power through an interconnected system, the independent system operator, or a regional transmission organization, each electric entity shall implement and follow the procedures of the independent system operator or regional transmission organization and the procedures in the electric entity's emergency plan, if applicable. The provisions of this paragraph do not apply to any municipal or cooperative unless the governor has declared an energy emergency under section 4935.03 of the Revised Code.

Last updated June 26, 2025 at 2:18 PM

History

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

Ohio Adm.Code 4901:5-37-04 Sudden or unanticipated critical situation resulting in overloading transmission facilities.

When sudden or unanticipated generation or transmission outages cause an overloading of an electric entity's facilities or interconnection circuits that operate at a nominal sixty hertz, that electric entity shall perform any or all of the following actions, as applicable:

(A) Interrupt service to customers served under interruptible tariffs or contracts.

(B) Interrupt service to firm service customers.

(C) Reduce voltage by not more than five per cent if the transmission system is isolated.

(D) Disconnect the overloaded facility or circuit.

The provisions of this rule do not apply to any municipal or cooperative unless the governor has declared an energy emergency under section 4935.03 of the Revised Code.

Last updated July 17, 2023 at 12:15 PM

History

• Effective: November 8, 2012
• Promulgated Under: 111.15

Ohio Adm.Code 4901:5-37-05 Anticipated conditions during a critical situation.

When anticipated shortages of electrical energy cannot be relieved by automatic reserve sharing and emergency purchases or other sources within or outside the interconnected area, each electric entity shall perform any or all of the following actions, as applicable:

(A) Interrupt service to customers served under interruptible tariffs or contracts.

(B) Interrupt service to customers with controlled service loads.

(C) Reduce voltage by not more than five per cent on the distribution system.

(D) Request voluntary load reductions of large volume firm customers.

(E) Appeal to the public to conserve electricity.

(F) Initiate manual load shedding of firm customer loads.

(G) Each electric distribution utility shall:

(1) Make reasonable efforts to maintain service to essential consumers.

(2) Select distribution circuits and lines to interrupt service.

The provisions of this rule do not apply to any municipal or cooperative unless the governor has declared an energy emergency under section 4935.03 of the Revised Code.

Last updated July 17, 2023 at 12:15 PM

History

• Effective: November 8, 2012
• Promulgated Under: 111.15