(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.
These requirements are keyed to remaining supplies
of fuel for electric generation. 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.
Once the mandatory stages of
action are invoked under rule
4901:5-19-05 of the
Administrative Code, electric providers and electric power producers are
required to initiate and to continue implementation of requisite actions until
directed to do otherwise.
(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)
The actions
required of electric providers and electric power producers in this chapter
shall be implemented by the electric providers and electric power
producers. 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)
Fuel type(s) utilized by the unit
The expected megawatt output of the unit during the
declared energy emergency.
(3)
Maximum
capacity of the unit
The amount of fuel
available, on hand, to operate the unit.
(4)
Current
megawatt output of the unit
The amount of fuel
procured to continue emergency operations of the unit.
(5)
Minimum amount
of energy necessary to sustain the safe operation of a unit that is not able to
cycle due to the uncertainty of restarting
The
average daily consumption rate of fuel to operate the unit during the declared
energy emergency.
(6) Available primary fuel for the
unit.
(7) Available secondary fuel for the
unit.
(8) Projected fuel inventory in
terms of megawatt hours for the unit.
(9) Typical fuel inventory in terms
of megawatt hours for the unit.
(10) Average amount of fuel per
delivery to the unit.
(11) Delivery frequency to the
unit.
(12) Amount of firm gas scheduled
for the unit.
(13) Total burn hours remaining with
unit at maximum capacity.
(14) Additional relevant
comments.
(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.