4905.95 Notices, hearings and orders of commission.
4905.95 Notices, hearings and orders of commission.
(A) Except as otherwise provided in division (C) of this section:
(1) The public utilities commission, regarding any proceeding under this section, shall provide reasonable notice and the opportunity for a hearing in accordance with rules adopted under section 4901.13 of the Revised Code.
(2) Sections 4903.02 to 4903.082, 4903.09 to 4903.16, and 4903.20 to 4903.23 of the Revised Code apply to all proceedings and orders of the commission under this section and to all operators subject to those proceedings and orders.
(B) If, pursuant to a proceeding it specially initiates or to any other proceeding and after the hearing provided for under division (A) of this section, the commission finds that:
(1) An operator has violated or failed to comply with, or is violating or failing to comply with, sections 4905.90 to 4905.96 of the Revised Code or the pipe-line safety code, the commission by order:
(a) Shall require the operator to comply and to undertake corrective action necessary to protect the public safety;
(b) May assess upon the operator forfeitures of not more than one hundred thousand dollars for each day of each violation or noncompliance, except that the aggregate of such forfeitures shall not exceed five hundred thousand dollars for any related series of violations or noncompliances. In determining the amount of any such forfeiture, the commission shall consider all of the following:
(i) The gravity of the violation or noncompliance;
(ii) The operator’s history of prior violations or noncompliances;
(iii) The operator’s good faith efforts to comply and undertake corrective action;
(iv) The operator’s ability to pay the forfeiture;
(v) The effect of the forfeiture on the operator’s ability to continue as an operator;
(vi) Such other matters as justice may require. All forfeitures collected under this division or section 4905.96 of the Revised Code shall be deposited in the state treasury to the credit of the general revenue fund.
(c) May direct the attorney general to seek the remedies provided in section 4905.96 of the Revised Code.
(2) An intrastate pipe-line transportation facility is hazardous to life or property, the commission by order:
(a) Shall require the operator of the facility to take corrective action to remove the hazard. Such corrective action may include suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other action.
(b) May direct the attorney general to seek the remedies provided in section 4905.96 of the Revised Code.
(C) If, pursuant to a proceeding it specially initiates or to any other proceeding, the commission finds that an emergency exists due to a condition on an intrastate pipe-line transportation facility posing a clear and immediate danger to life or health or threatening a significant loss of property and requiring immediate corrective action to protect the public safety, the commission may issue, without notice or prior hearing, an order reciting its finding and may direct the attorney general to seek the remedies provided in section 4905.96 of the Revised Code. The order shall remain in effect for not more than forty days after the date of its issuance. The order shall provide for a hearing as soon as possible, but not later than thirty days after the date of its issuance. After the hearing the commission shall continue, revoke, or modify the order and may make findings under and seek appropriate remedies as provided in division (B) of this section.
Effective Date: 04-16-1993; 09-29-2005