Current through Vol. 41, No. 13, March 15, 2024
(a) An application shall be filed by gas
utilities with the Commission proposing an unbundling plan for the natural gas
services of gas supply, gathering, transmission and storage upstream of all
citygates and proposed aggregation points and the appropriate cost allocation
and rate design for each of the unbundled services, as classified in OAC
165:70, as follows:
(1) Class A natural gas
utilities which provide natural gas services upstream of all citygates and
proposed aggregation points shall file an application for an unbundling plan by
April 1, 1998, with appropriate documentation including, but not limited to,
maps and lists of facilities owned and unbundling of the natural gas services
of gas supply, gathering, transmission and storage upstream of the citygate and
the appropriate cost allocation and rate design for each of the unbundled
services.
(2) Class A natural gas
utilities which, at the time of the effective date of Subchapter 17, do not
provide natural gas services, except gas supply, upstream of all citygates and
proposed aggregation points, shall provide a letter to the PUD Director, within
sixty (60) calendar days after the effective date of this Subchapter, stating
the same with appropriate documentation, including but not limited to, maps and
lists of facilities owned. After review, PUD will make a recommendation to the
Commission regarding exempting the utility from the requirement to file an
unbundling plan.
(3) Class A
natural gas utilities which provide natural gas services upstream of all
citygates and proposed aggregation points that have less than 25,000 customers
may have an automatic wavier for one year or until April 1, 1999, whichever is
the shorter time period, to file their respective unbundling plan. The utility
seeking said automatic waiver shall contact the PUD Director of such intention
within sixty (60) calendar days of the effective date of this Subchapter.
(4) Class B, C and D natural gas
utilities which provide natural gas services upstream of all citygates and
proposed aggregation points may have an automatic wavier for two years or until
April 1, 2000, to file their respective unbundling plan. The utility seeking
said automatic waiver shall contact the PUD Director of such intention within
sixty (60) calendar days of the effective date of this Subchapter.
(5) Class B, C and D natural gas utilities
which, at the time of the effective date of Subchapter 17, do not provide
natural gas services, except gas supply, upstream of all citygates and proposed
aggregation points, shall provide a letter to the PUD Director, within sixty
(60) calendar days after the effective date of this Subchapter, stating the
same with appropriate documentation, including but not limited to, maps and
lists of facilities owned. After review, PUD will make a recommendation to the
Commission regarding exempting the utility from the requirement to file an
unbundling plan.
(6) Recognizing
the unique situations of small utilities, those utilities serving one thousand
(1000) customers or less, regardless of their classification, may file an
application requesting an alternative plan or process in lieu of an unbundling
plan or may request a complete waiver of the unbundling provisions. The
Commission may grant such requested relief if the applicant natural gas utility
can establish one or more of the following:
(A) The utility adequately shows that
unbundling the natural gas services of gas supply, gathering, transmission and
storage upstream of the citygate would create an unreasonable financial
hardship for the utility;
(B) The
utility would be unable to solicit reasonable competitive bids;
(C) The Commission finds it would not be in
the best interest of public health and safety to require natural gas
unbundling; or
(D) For other good
cause shown as determined by the Commission, after notice and hearing.
(b)
Informal collaborative process. Prior to the filing of the
unbundling plan, the Commission desires that an informal collaborative process
and dialogue commence between each Class A utility and potential competitive
bidders, including but not limited to, amounts and volumes needed or available,
interconnection points, requests for bids, engineering and operational issues,
metering, eminent domain, and any other information which can be reasonably
discussed prior to approval of the unbundling plan. Any interested party may
file a statement with the Commission, with a copy mailed to the utility and the
Attorney General, giving its notice of intent to participate in the
collaborative process set forth in this subsection.
(c)
Open access to intrastate
pipelines. Comparable nondiscriminatory open access by intrastate
pipelines shall be required. Intrastate pipelines shall not take any action
that imperils or impedes a competitive bidding process directly or indirectly.
(d)
Access by the
utility. All natural gas utilities must provide comparable,
non-discriminatory open access to their facilities and services upstream of the
citygate.