Ohio Administrative Code › Title 4901:5 - Division of Forecasting › Chapter 4901:5-33 - Transportation Fuel Emergency › Section 4901:5-33-02 - General provisions

Current through all regulations passed and filed through July 1, 2024
(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.