(A) The rules in this chapter:
(1) Apply to investor-owned gas or natural
gas companies, as defined in this chapter.
(2) Are intended to promote reliable service
to consumers and the public, and to provide minimum standards for uniform and
reasonable practices.
(3) Unless
otherwise specified, apply to both residential and nonresidential gas or
natural gas service.
(B)
The commission may, in addition to the rules in this chapter,
require
order
gas or natural gas companies to furnish other or additional service, equipment,
and facilities upon any of the following:
(1)
The resolution of a commission-ordered investigation.
(2) Formal or informal commission resolution
of a complaint.
(3) The application
of any gas or natural gas company.
(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.
(D) The rules in this chapter shall
not relieve the gas or natural gas companies from either of the
following:
(1) Providing adequate service and
facilities as prescribed by the commission.
(2) Complying with the laws of this
state.
(E)(D) Except as set forth
in this rule, the rules of this chapter supersede any inconsistent provisions,
terms, and conditions of the gas or natural gas company's tariffs. A gas or
natural gas company may adopt or maintain tariffs providing superior standards
of service, reliability, or greater protection for customers or consumers.
Further, a gas or natural gas company may adopt or maintain tariff provisions
which involve other areas not addressed by the rules of this chapter.
(F)(E)
When a gas or natural gas company in a complaint proceeding under section
4905.26 of the Revised Code
demonstrates compliance with the relevant service or performance standard of
this chapter, a rebuttable presumption is created that the gas or natural gas
company is providing adequate service regarding that standard. Such presumption
applies solely to the specific standard addressed by the commission for the
time period at issue in the complaint proceeding. No such presumption is
created merely by compliance with any reporting requirement of this chapter. In
addition, to the extent the service and performance standards in this chapter
are based on system-wide data, no such rebuttable presumption is applicable to
complaints regarding the adequacy of service provided either to individual
customers or consumers or to any segment of the system of a gas or natural gas
company.
(G)(F) Each citation
contained with this chapter that is made to a section of the United States code
or a regulation in the code of federal regulations is intended, and
shall serve
serves, to incorporate by reference the particular
version of the cited matter that was effective at the time of the effective
date of this rule.
(H)(G) No tariff of a gas
or natural gas company shall incorporate exculpatory clauses that purport to
limit or eliminate liability on the part of the gas or natural gas company
to its customers or others as a result of
its own negligence when providing a regulated service.
No gas or natural gas company tariff shall
incorporate provisions which purport to establish liability on the part of the
gas or natural gas company's customers for acts or failures to act involving a
gas or natural gas company's facilities, which are beyond the control of the
customer. Any contrary provisions in a gas or natural gas company's tariff now
on file with the commission shall be eliminated.
Notes
Ohio Admin. Code
4901:1-13-02
Effective:
9/18/2023
Five Year Review (FYR) Dates:
9/16/2026
Promulgated Under:
111.15
Statutory
Authority: 4905.04,
4905.06,
4905.22,
4905.28
Rule
Amplifies: 4905.04,
4905.06,
4905.22,
4905.28
Prior
Effective Dates: 12/07/2006, 01/06/2011, 04/09/2015,
08/05/2021
