4929.041 Exemption of investment in gathering lines or storage facilities. - Ohio Statutes

4929.041 Exemption of investment in gathering lines or storage facilities.

(A) The public utilities commission, upon the application of a natural gas company in substantial compliance with the policy specified in section 4929.02 of the Revised Code, shall exempt, by order, any investment in gathering lines or storage facilities placed into service on or after January 1, 2010, and any service of the natural gas company related to those gathering lines or storage facilities from all provisions of Chapter 4905. of the Revised Code with the exception of sections 4905.10, 4905.35, and 4905.90 to 4905.96 of the Revised Code, Chapters 4909., 4933., and 4935. of the Revised Code, with the exception of section 4935.03 of the Revised Code, and from any rule or order issued under the exempted provisions of those chapters.

(B)(1) Subject to division (C) of this section, a natural gas company subject to an exemption order issued under division (A) of this section shall, to the maximum extent practicable, keep separate the company’s operations, resources, and employees, and the associated books and records, involved in the provision or marketing of a company-provided service related to an investment exempted under the exemption order from the operations, resources, and employees, and the associated books and records, involved in the provision or marketing of any company-provided service not exempted under the exemption order or any other section of the Revised Code.

(2) An exemption order issued under division (A) of this section shall prescribe a functional separation plan for compliance with division (B)(1) of this section.

(C)(1) No natural gas company subject to an exemption order issued under division (A) of this section may use the company’s storage facilities and gathering lines associated with the exemption order to provide a commodity sales service that is unregulated or subject to an exemption order issued under section 4929.04 of the Revised Code.

(2) Upon application to the commission by a natural gas company and upon a finding of good cause shown, the commission may, by order, waive the prohibition described in division (C)(1) of this section. The natural gas company shall bear the burden of proof that the waiver is just and reasonable, which shall constitute good cause.

(D) The commission shall have continuous jurisdiction to enforce any terms that it imposes in an exemption order issued under division (A) of this section. Whenever the commission is of the opinion, after hearing had upon complaint or upon its own initiative or complaint, served as provided in section 4905.26 of the Revised Code, that an exemption order issued under division (A) of this section has adversely affected the quality, adequacy, or sufficiency of service provided by the company subject to the exemption order, the commission may alter, amend, or suspend the exemption order.

Added by 128th General Assembly File No. 27, SB 165, § 1, eff. 6/30/2010.