Ohio Administrative Code › Title 4901:5 - Division of Forecasting › Chapter 4901:5-29 - Heating Oil and Propane Emergency › Section 4901:5-29-02 - General provisions

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