Ohio Administrative Code › Title 4901:5 - Division of Forecasting › Chapter 4901:5-35 - Application for Assignment Under State Set-Aside System › Section 4901:5-35-02 - General provisions

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