As Passed by the House
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Am. Sub. S. B. No. 3 |
SENATORS JOHNSON-FINAN-BLESSING-HERINGTON-ARMBRUSTER- HOTTINGER-SPADA-WACHTMANN-MUMPER-GARDNER-KEARNS
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REPRESENTATIVES MEAD-OLMAN-TRAKAS-SCHULER-GOODMAN-HOOPS-CATES- MOTTLEY-TERWILLEGER-HARRIS-CORE-BRADING-WOMERBENJAMIN- TIBERI-CORBIN-THOMAS-VANVYVEN-WINKLER-O'BRIEN-OPFER- EVANS-PERZ-HOOD-AMSTUTZ-BRITTON-BARRETT
A BILL
To amend sections 113.061, 133.04, 715.013, 718.01, 1551.33, 1551.35, 3317.028, 4905.01, 4905.03, 4905.10, 4905.14, 4905.33, 4905.34, 4905.40, 4905.402, 4905.42, 4905.46, 4905.70, 4906.10, 4909.01, 4909.05, 4909.15, 4909.161, 4911.18, 4933.14, 4933.15, 4933.33, 4933.81, 4935.03, 4935.04, 5117.01, 5117.02, 5117.03, 5117.04, 5117.05, 5117.07, 5117.08, 5117.09, 5117.10, 5117.12, 5701.03, 5703.052, 5703.053, 5703.14, 5705.34, 5727.01, 5727.02, 5727.05, 5727.06, 5727.11, 5727.111, 5727.15, 5727.30, 5727.31, 5727.311, 5727.32, 5727.33, 5727.38, 5727.42, 5727.45, 5727.47, 5727.53, 5727.60, 5727.61, 5727.72, 5727.99, 5733.04, 5733.05, 5733.051, 5733.057, 5733.06, 5733.09, 5733.33, 5733.98, 5739.011, 5739.02, 5747.31, and 5747.98; to enact sections 4928.01 to 4928.20, 4928.31 to 4928.43, 4928.431, 4928.44, 4928.51 to 4928.58, 4928.61 to 4928.63, 4928.67, 5727.03, 5727.80 to 5727.95, 5733.059, 5733.0510, and 5733.39; and to repeal sections 4905.301, 4905.66, 4905.67, 4905.68, 4905.69, 4909.157, 4909.158, 4909.159, 4909.191, 4909.192, 4909.193, 4913.01, 4913.02, 4913.03, 4913.04, 4913.05, 4913.06, 4913.07, 4933.27, 4933.34, 5727.231, 5727.391, and 5727.73 of the Revised Code to provide for competition in retail electric service, including provisions regarding market structure, consumer protection, and transition revenues; to levy a kilowatt-hour excise tax on electric distribution companies; to revise taxes for electric companies and rural electric companies; to reduce tax assessment rates on certain electric company and rural electric company tangible personal property; and to terminate the Electric Employee Assistance Advisory Board on December 31, 2005, by repealing section 4928.431 of the Revised Code on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
Section 1. That sections 113.061, 133.04, 715.013,
718.01, 1551.33, 1551.35, 3317.028, 4905.01, 4905.03, 4905.10, 4905.14,
4905.33, 4905.34, 4905.40, 4905.402, 4905.42, 4905.46, 4905.70, 4906.10,
4909.01, 4909.05, 4909.15, 4909.161, 4911.18, 4933.14, 4933.15, 4933.33,
4933.81, 4935.03, 4935.04, 5117.01, 5117.02, 5117.03, 5117.04, 5117.05,
5117.07, 5117.08, 5117.09, 5117.10, 5117.12, 5701.03, 5703.052, 5703.053,
5703.14, 5705.34, 5727.01, 5727.02, 5727.05, 5727.06, 5727.11, 5727.111,
5727.15, 5727.30, 5727.31, 5727.311, 5727.32, 5727.33, 5727.38, 5727.42,
5727.45, 5727.47, 5727.53, 5727.60, 5727.61, 5727.72, 5727.99, 5733.04,
5733.05, 5733.051, 5733.057, 5733.06, 5733.09, 5733.33, 5733.98, 5739.011,
5739.02, 5747.31, and 5747.98 be amended and sections 4928.01, 4928.02,
4928.03, 4928.04, 4928.05, 4928.06, 4928.07, 4928.08, 4928.09, 4928.10,
4928.11, 4928.12, 4928.13, 4928.14, 4928.15, 4928.16, 4928.17, 4928.18,
4928.19, 4928.20, 4928.31, 4928.32, 4928.33, 4928.34, 4928.35, 4928.36,
4928.37, 4928.38, 4928.39, 4928.40, 4928.41, 4928.42, 4928.43, 4928.431,
4928.44, 4928.51, 4928.52, 4928.53, 4928.54, 4928.55, 4928.56, 4928.57,
4928.58, 4928.61, 4928.62, 4928.63, 4928.67, 5727.03, 5727.80, 5727.81,
5727.82, 5727.83, 5727.84, 5727.85, 5727.86, 5727.87, 5727.88, 5727.89,
5727.90, 5727.91, 5727.92, 5727.93, 5727.94, 5727.95, 5733.059, 5733.0510, and
5733.39 of the Revised Code be enacted to read as follows:
Sec. 113.061. The treasurer of state shall adopt rules in accordance with Chapter 119. of the Revised Code governing the remittance of taxes by electronic funds transfer as required under sections 5727.311, 5727.83, 5733.022, 5735.062, 5739.032, 5739.122, 5741.121, and 5747.072 of the Revised Code and any other section of the Revised Code under which a person is required to remit taxes by electronic funds transfer. The rules shall govern the modes of electronic funds transfer acceptable to the treasurer OF STATE and under what circumstances each mode is acceptable, the content and format of electronic funds transfers, the coordination of payment by electronic funds transfer and filing of associated tax reports and returns, the remittance of taxes by means other than electronic funds transfer by persons otherwise required to do so but relieved of the requirement by the treasurer of state, and any other matter that in the opinion of the treasurer of state facilitates payment by electronic funds transfer in a manner consistent with those sections.
Upon failure by a person, if so required, to remit taxes by electronic funds transfer in the manner prescribed under section 5727.83, 5733.022, 5735.062, 5739.032, 5739.122, 5741.121, or 5747.072 of the Revised Code and rules adopted under this section, the treasurer of state shall notify the tax commissioner of such failure if the treasurer OF STATE determines that such failure was not due to reasonable cause or was due to willful neglect, and shall provide the tax commissioner with any information used in making that determination. The tax commissioner may assess an additional charge as specified in the respective section of the Revised Code governing the requirement to remit taxes by electronic funds transfer.
The treasurer of state may implement means of acknowledging, upon the request of a taxpayer, receipt of tax remittances made by electronic funds transfer, and may adopt rules governing acknowledgments. The cost of acknowledging receipt of electronic remittances shall be paid by the person requesting acknowledgment.
The treasurer of state, not the tax commissioner, is responsible for resolving any problems involving electronic funds transfer transmissions.
Sec. 133.04. (A) As used in this chapter, "net indebtedness" means, as determined pursuant to this section, the principal amount of the outstanding securities of a subdivision less the amount held in a bond retirement fund to the extent such amount is not taken into account in determining the principal amount outstanding under division (AA) of section 133.01 of the Revised Code. For purposes of this definition, the principal amount of outstanding securities includes the principal amount of outstanding securities of another subdivision apportioned to the subdivision as a result of acquisition of territory, and excludes the principal amount of outstanding securities of the subdivision apportioned to another subdivision as a result of loss of territory and the payment or reimbursement obligations of the subdivision under credit enhancement facilities relating to outstanding securities.
(B) In calculating the net indebtedness of a subdivision, none of the following securities, including anticipatory securities issued in anticipation of their issuance, shall be considered:
(1) Securities issued in anticipation of the levy or collection of special assessments, either in original or refunded form;
(2) Securities issued in anticipation of the collection of current revenues for the fiscal year or other period not to exceed twelve consecutive months, or securities issued in anticipation of the collection of the proceeds from a specifically identified voter-approved tax levy;
(3) Securities issued for purposes described in section 133.12 of the Revised Code;
(4) Securities issued under Chapter 122., 140.,
165., 725., or 761., or section 131.23 of the Revised Code;
(5) Securities issued to pay final judgments or court-approved settlements under authorizing laws and securities issued under section 2744.081 of the Revised Code;
(6) Securities issued to pay costs of permanent improvements to the extent they are issued in anticipation of the receipt of, and are payable as to principal from, federal or state grants or distributions for, or legally available for, that principal or for the costs of those permanent improvements;
(7) Securities issued to evidence loans from the state capital improvements fund pursuant to Chapter 164. of the Revised Code or from the state infrastructure bank pursuant to section 5531.09 of the Revised Code;
(8) SECURITIES ISSUED IN AN AMOUNT EQUAL TO THE PROPERTY TAX REPLACEMENT PAYMENTS RECEIVED UNDER SECTION 5727.85 OR 5727.86 OF THE REVISED CODE;
(9) Other securities, including self-supporting securities, excepted by law from the calculation of net indebtedness or from the application of this chapter;
(9)(10) Any other securities outstanding on
Sec. 715.013. Except as otherwise expressly authorized by the Revised Code, no municipal corporation shall levy a tax that is the same as or similar to a tax levied under Chapter 322., 3734., 3769., 4123., 4141., 4301., 4303., 4305., 4307., 4309., 5707., 5725., 5727., 5728., 5729., 5731., 5735., 5737., 5739., 5741., 5743., or 5749. of the Revised Code.
This section does not prohibit a municipal corporation from levying a tax on
amounts received for admission to any place OR, ON AND AFTER
Sec. 718.01. (A) As used in this chapter:
(1) "Internal Revenue Code" means the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.
(2) "Schedule C" means internal revenue service schedule C filed by a taxpayer pursuant to the Internal Revenue Code.
(3) "Form 2106" means internal revenue service form 2106 filed by a taxpayer pursuant to the Internal Revenue Code.
(4) "Intangible income" means income of any of the following types: income yield, interest, dividends, or other income arising from the ownership, sale, exchange, or other disposition of intangible property including, but not limited to, investments, deposits, money, or credits as those terms are defined in Chapter 5701. of the Revised Code.
(B) No municipal corporation with respect to that income which THAT
it may tax shall tax such income at other than a uniform rate.
(C) No municipal corporation shall levy a tax on income at a rate in excess of one per cent without having obtained the approval of the excess by a majority of the electors of the municipality voting on the question at a general, primary, or special election. The legislative authority of the municipal corporation shall file with the board of elections at least seventy-five days before the day of the election a copy of the ordinance together with a resolution specifying the date the election is to be held and directing the board of elections to conduct the election. The ballot shall be in the following form: "Shall the Ordinance providing for a... per cent levy on income for (Brief description of the purpose of the proposed levy) be passed?
FOR THE INCOME TAX
AGAINST THE INCOME TAX"
In the event of an affirmative vote, the proceeds of the levy may be used only for the specified purpose.
(D)(1) Except as otherwise provided in division (D)(2) of this section, no municipal corporation shall exempt from a tax on income, compensation for personal services of individuals over eighteen years of age or the net profit from a business or profession.
(2) The legislative authority of a municipal corporation may, by ordinance or resolution, exempt from a tax on income any compensation arising from the grant, sale, exchange, or other disposition of a stock option; the exercise of a stock option; or the sale, exchange, or other disposition of stock purchased under a stock option.
(E) Nothing in this section shall prevent a municipal corporation from permitting lawful deductions as prescribed by ordinance. If a taxpayer's taxable income includes income against which the taxpayer has taken a deduction for federal income tax purposes as reportable on the taxpayer's form 2106, and against which a like deduction has not been allowed by the municipal corporation, the municipal corporation shall deduct from the taxpayer's taxable income an amount equal to the deduction shown on such form allowable against such income, to the extent not otherwise so allowed as a deduction by the municipal corporation. In the case of a taxpayer who has a net profit from a business or profession that is operated as a sole proprietorship, no municipal corporation may tax or use as the base for determining the amount of the net profit that shall be considered as having a taxable situs in the municipal corporation, a greater amount than the net profit reported by the taxpayer on schedule C filed in reference to the year in question as taxable income from such sole proprietorship, except as otherwise specifically provided by ordinance or regulation.
(F) No municipal corporation shall tax any of the following:
(1) The military pay or allowances of members of the armed forces of the
(2) The income of religious, fraternal, charitable, scientific, literary, or educational institutions to the extent that such income is derived from tax-exempt real estate, tax-exempt tangible or intangible property, or tax-exempt activities;
(3) Except as otherwise provided in division (G) of this section, intangible income;
(4) Compensation paid under section 3501.28 or 3501.36 of the Revised Code to a person serving as a precinct election official, to the extent that such compensation does not exceed one thousand dollars annually. Such compensation in excess of one thousand dollars may be subjected to taxation by a municipal corporation. A municipal corporation shall not require the payer of such compensation to withhold any tax from that compensation.
(5) Compensation paid to an employee of a transit authority, regional transit authority, or regional transit commission created under Chapter 306. of the Revised Code for operating a transit bus or other motor vehicle for the authority or commission in or through the municipal corporation, unless the bus or vehicle is operated on a regularly scheduled route, the operator is subject to such a tax by reason of residence or domicile in the municipal corporation, or the headquarters of the authority or commission is located within the municipal corporation.
(6) The income of a public utility when that public utility is subject to the tax levied under section 5727.30 of the Revised Code, EXCEPT STARTING JANUARY 1, 2002, THE INCOME OF AN ELECTRIC COMPANY OR COMBINED COMPANY, AS DEFINED IN SECTION 5727.01 of the Revised Code, MAY BE TAXED BY A MUNICIPAL CORPORATION. FOR A COMBINED COMPANY, ONLY THE INCOME ATTRIBUTED FROM THE ACTIVITY OF AN ELECTRIC COMPANY SHALL BE SUBJECT TO TAXATION BY A MUNICIPAL CORPORATION. THE INCOME OF AN ELECTRIC COMPANY OR COMBINED COMPANY SUBJECT TO TAXATION BY A MUNICIPAL CORPORATION SHALL BE COMPUTED BY TAKING INTO ACCOUNT THE ADJUSTMENTS PROVIDED BY DIVISION (I)(16) OF SECTION 5733.04 OF THE REVISED CODE.
(G) Any municipal corporation that taxes any type of intangible income on March 29, 1988, pursuant to Section 3 of Amended Substitute Senate Bill No. 238 of the 116th general assembly, may continue to tax that type of income after 1988 if a majority of the electors of the municipal corporation voting on the question of whether to permit the taxation of that type of intangible income after 1988 vote in favor thereof at an election held on November 8, 1988.
(H) Nothing in this section or section 718.02 of the Revised Code,
shall authorize the levy of any tax on income which THAT a municipal
corporation is not authorized to levy under existing laws or shall require a
municipal corporation to allow a deduction from taxable income for losses
incurred from a sole proprietorship or partnership.
Sec. 1551.33. (A) The director of development shall
appoint and fix the compensation of the director of the
(B) The director of the office shall do all of the following:
(1) Biennially prepare and maintain the
(2) Propose and support policies for the office consistent with the
(3) Apportion for the office's administrative costs no more than ten per cent of the moneys credited to the Ohio coal development fund created under section 1551.36 of the Revised Code;
(4) Initiate, undertake, and support projects to carry out the office's
purposes and ensure that the projects are consistent with and meet the selection
criteria established by the
(5) Actively encourage joint participation in and, when feasible, joint funding of the office's projects with governmental agencies, electric utilities, universities and colleges, other public or private interests, or any other person;
(6) Establish a table of organization for and employ such employees and agents as are necessary for the administration and operation of the office;
(7) Appoint specified members of and convene the technical advisory committee established under section 1551.35 of the Revised Code;
(8) Review, with the assistance of the technical advisory committee,
proposed coal research and development projects as defined in section 1555.01
of the Revised Code, and coal development projects, submitted to the office by
public utilities for the purposes PURPOSE of sections 4905.301,
SECTION 4905.304, and 4909.191 of the Revised Code. If the director and
the advisory committee determine that any such facility or project has as its purpose
the enhanced use of Ohio coal in an environmentally acceptable, cost effective
manner, promotes energy conservation, is cost effective, and is environmentally
sound, the director shall submit to the public utilities commission a report
recommending that the commission allow the recovery of costs associated with
the facility or project under section 4905.301, 4905.304, or 4909.191
of the Revised Code and including the reasons for the recommendation;
(9) Establish such policies, procedures, and guidelines as are necessary to achieve the office's purposes.
(C) With the approval of the director of development, the director of the office may exercise any of the powers and duties of the director of development as the directors consider appropriate or desirable to achieve the office's purposes, including, but not limited to, the powers and duties enumerated in sections 1551.11, 1551.12, 1551.13, and 1551.15 of the Revised Code.
Additionally, the director of the office may make loans to governmental agencies or persons for projects to carry out the office's purposes. Fees, charges, rates of interest, times of payment of interest and principal, and other terms, conditions, and provisions of the loans shall be such as the director of the office determines to be appropriate and in furtherance of the purposes for which the loans are made. The mortgage lien securing any moneys lent by the director of the office may be subordinate to the mortgage lien securing any moneys lent or invested by a financial institution, but shall be superior to that securing any moneys lent or expended by any other person. The moneys used in making the loans shall be disbursed upon order of the director of the office.
Sec. 1551.35. (A) There is hereby established a
technical advisory committee to assist the director of the of Ohio and one
representative each of coal production companies, the united mine workers of
America, electric utilities, manufacturers that use Ohio coal, and
environmental organizations, as well as two people with a background in coal
research and development technology, one of whom is employed at the time of the
member's appointment by a state university, as defined in section 3345.011 of
the Revised Code. In addition, the committee shall include four legislative
members. The speaker and minority leader of the house of
representatives each shall appoint one member of the house of
representatives, and the president and minority leader of the senate each shall
appoint one member of the senate, to the committee. The director of
environmental protection, representing the environmental protection agency, the
of Ohio and, while
employed by a state university, the member with a background in coal research,
shall not be so compensated. Members shall receive their actual and necessary
expenses incurred in the performance of their duties.
(B) The technical advisory committee shall review and make recommendations
concerning the Ohio coal development agenda required under section 1551.34 of
the Revised Code, project proposals, research and development projects
submitted to the office by public utilities for the purposes PURPOSE of sections
4905.301, SECTION 4905.304, and 4909.191 of the Revised Code,
proposals for grants, loans, and loan guarantees for purposes of sections
1555.01 to 1555.06 of the Revised Code, and such other topics as the director
of the office considers appropriate.
(C) The technical advisory committee may hold an executive session at any regular or special meeting for the purpose of considering research and development project proposals or applications for assistance submitted to the Ohio coal development office under section 1551.33, or sections 1555.01 to 1555.06, of the Revised Code, to the extent that such proposals or applications consist of trade secrets or other proprietary information.
Any materials or data submitted to, made available to, or received by the
director of development or the director of the
As used in this division, "trade secrets" has the same meaning as in section 1333.61 of the Revised Code.
Sec. 3317.028. (A) On or before the fifteenth day of May in each calendar year, the tax commissioner shall determine for each school district whether the taxable value of all tangible personal property, including utility tangible personal property, subject to taxation by the district in the preceding tax year was less or greater than the taxable value of such property during the second preceding tax year. If any such decrease exceeds five per cent of the district's tangible personal property taxable value included in the total taxable value used in the district's state aid computation for the fiscal year that ends in the current calendar year, or if any such increase exceeds five per cent of the district's total taxable value used in the district's state aid computation for the fiscal year that ends in the current calendar year, the tax commissioner shall certify BOTH OF THE FOLLOWING to the department of education:
(A)(1) The taxable value of the tangible personal property
increase or decrease, including utility tangible personal property increase or
decrease, which shall be considered a change in valuation; and
(B)(2) The decrease or increase in taxes charged and payable
on such change in taxable value calculated in the same manner as in division (A)(3) of section 3317.021 of the Revised Code.
(B) NOTWITHSTANDING DIVISION (A) OF THIS SECTION, WHEN DETERMINING UNDER THAT DIVISION IN CALENDAR YEAR 2002 WHETHER THE TAXABLE VALUE OF TANGIBLE PERSONAL PROPERTY SUBJECT TO TAXATION BY EACH SCHOOL DISTRICT IN THE PRECEDING TAX YEAR WAS LESS OR GREATER THAN THE TAXABLE VALUE OF SUCH PROPERTY DURING THE SECOND PRECEDING TAX YEAR, THE TAX COMMISSIONER SHALL EXCLUDE FROM THE TAXABLE VALUE FOR BOTH YEARS THE TAX VALUE LOSS, AS DEFINED IN SECTION 5727.84 of the Revised Code.
(C) Upon receipt of such certification, the department of education shall reduce or increase by the respective amounts certified, the taxable value and the taxes charged and payable that were used in the district's state aid computation under section 3317.022 of the Revised Code for the fiscal year that ends in the current calendar year and shall recompute the state aid for such fiscal year. During the last six months of the fiscal year, the department shall pay the district a sum equal to one-half of the recomputed payments in lieu of the payments otherwise required under such sections.
Sec. 4905.01. As used in this chapter:
(A) "Railroad" has the meaning set forth in section 4907.02 of the Revised Code.
(B) "Motor transportation company" has the meaning set forth in sections 4905.03 and 4921.02 of the Revised Code.
(C) "Trailer," "public highway," "fixed termini," "regular route," and "irregular route" have the meanings set forth in section 4921.02 of the Revised Code.
(D) "Private motor carrier," "contract carrier by motor vehicle," "motor vehicle," and "charter party trip" have the meanings set forth in section 4923.02 of the Revised Code.
(E) "Delivery cost" means the cost of delivery of fuel, to be
used for the generation of electricity, from the site of production directly to
the site of an electric generating facility.
(F) "Acquisition cost" means the cost to an electric light
company of acquiring fuel for generation of electricity. In the case of a fuel
supply owned by the company, such term shall also include the cost of legally
extracting the fuel and its handling prior to its shipment to the company. In
the case of a coal supply owned or controlled in whole or in part by the
company, such term shall not exceed a price that is, in the judgment of the
public utilities commission, reasonable when compared to the average cost per
million British thermal units of similar quality coal purchased from all
independent like mining operations under similar term contracts during the same
period. In determining a reasonable price for coal from a coal supply owned or
controlled in whole or in part by the company, the public utilities commission
shall consider the use of:
(1) Capital by the developer of the mining operation in a manner that did
not:
(a) Take into account intermediate or long-term trends in the coal mining
industry; or
(b) Incorporate a design consistent with long-term dependability; and
(c) Take into account the intermediate or long-term cost and reliable
energy supply interests of the company's customers; or
(2) Ineffective operating techniques. Such term does not embrace any
associated cost, including, but not limited to, delivery cost, the cost of
handling the fuel after its delivery to such facility, the cost of such
processing, readying, or refinement of the fuel as may be necessary in order to
use the fuel to generate electricity, or the cost of disposing of any residue
of such fuel after it has been so used. To the extent the washing of coal is
required, by law or rule, to remove or reduce sulfur compounds or any other
impurity, "acquisition cost" includes the cost of such washing.
(G) "Fuel component" means acquisition and delivery costs of
fuel for the generation of electricity, including the allowable costs of
purchased power as defined in section 4909.159 of the Revised Code, divided by
the corresponding number of net kilowatt hours generated and purchased.
(H) "Base period" means the most recent six-month period for
which the public utilities commission has determined either the amount of the
fuel component or the fuel cost per kilowatt hour included in the base rates of
an electric light company, whichever is last determined.
(I) "Current period" means the six-month period immediately
succeeding the base period for which the public utilities commission has
determined the amount of the fuel component in the base rate of an electric
light company.
(J) "Ohio coal research and development costs" means all
reasonable costs associated with a facility or project undertaken by a public
utility for which a recommendation to allow the recovery of costs associated
therewith has been made under division (B)(8) of section 1551.33 of the Revised
Code, including, but not limited to, capital costs, such as costs of debt and
equity; construction and operation costs; termination and retirement costs;
costs of feasibility and marketing studies associated with the project; and the
acquisition and delivery costs of Ohio coal used in the project, less any
expenditures of grant moneys.
(K) "Compliance facility" means property that is designed,
constructed, or installed, and used, at a coal-fired electric generating
facility for the primary purpose of complying with Phase I acid rain control
requirements under Title IV of the "Clean Air Act Amendments of
1990," 104 Stat. 2584, 42 U.S.C.A. 7651, and that controls or limits
emissions of sulfur or nitrogen compounds resulting from the combustion of coal
through the removal or reduction of those compounds before, during, or after
the combustion of the coal, but before the combustion products are emitted into
the atmosphere. "Compliance facility" also includes any of the
following:
(1) A facility that removes sulfur compounds from coal before the
combustion of the coal and that is located off the premises of the electric
generating facility where the coal processed by the compliance facility is
burned;
(2) Modifications to the electric generating facility where the
compliance facility is constructed or installed that are necessary to
accommodate the construction or installation, and operation, of the compliance
facility;
(3) A byproduct disposal facility, as defined in section 3734.051 of the
Revised Code, that exclusively disposes of wastes produced by the compliance
facility and other coal combustion byproducts produced by the generating unit
in or to which the compliance facility is incorporated or connected regardless
of whether the byproduct disposal facility is located on the same premises as
the compliance facility or generating unit that produces the wastes disposed of
at the facility;
(4) Facilities or equipment that is acquired, constructed, or installed,
and used, at a coal-fired electric generating facility exclusively for the
purpose of handling the byproducts produced by the compliance facility or other
coal combustion byproducts produced by the generating unit in or to which the
compliance facility is incorporated or connected.
Sec. 4905.03. As used in this chapter:
(A) Any person, firm, copartnership, voluntary association, joint-stock association, company, or corporation, wherever organized or incorporated, is:
(1) A telegraph company, when engaged in the business of transmitting telegraphic messages to, from, through, or in this state;
(2) A telephone company, when engaged in the business of transmitting telephonic messages to, from, through, or in this state and as such is a common carrier;
(3) A motor transportation company, when engaged in the business of carrying and transporting persons or property or the business of providing or furnishing such transportation service, for hire, in or by motor-propelled vehicles of any kind, including trailers, for the public in general, over any public street, road, or highway in this state, except as provided in section 4921.02 of the Revised Code;
(4) An electric light company, when engaged in the business of supplying electricity for light, heat, or power purposes to consumers within this state, INCLUDING SUPPLYING ELECTRIC TRANSMISSION SERVICE FOR ELECTRICITY DELIVERED TO CONSUMERS IN THIS STATE, BUT EXCLUDING A REGIONAL TRANSMISSION ORGANIZATION APPROVED BY THE FEDERAL ENERGY REGULATORY COMMISSION;
(5) A gas company, when engaged in the business of supplying artificial gas for lighting, power, or heating purposes to consumers within this state or when engaged in the business of supplying artificial gas to gas companies or to natural gas companies within this state, but a producer engaged in supplying to one or more gas or natural gas companies, only such artificial gas as is manufactured by that producer as a by-product of some other process in which the producer is primarily engaged within this state is not thereby a gas company. All rates, rentals, tolls, schedules, charges of any kind, or agreements between any gas company and any other gas company or any natural gas company providing for the supplying of artificial gas and for compensation for the same are subject to the jurisdiction of the public utilities commission.
(6) A natural gas company, when engaged in the business of supplying natural gas for lighting, power, or heating purposes to consumers within this state. Notwithstanding the above, neither the delivery nor sale of Ohio-produced natural gas by a producer or gatherer under a public utilities commission-ordered exemption, adopted before, as to producers, or after, as to producers or gatherers, January 1, 1996, or the delivery or sale of Ohio-produced natural gas by a producer or gatherer of Ohio-produced natural gas, either to a lessor under an oil and gas lease of the land on which the producer's drilling unit is located, or the grantor incident to a right-of-way or easement to the producer or gatherer, shall cause the producer or gatherer to be a natural gas company for the purposes of this section.
All rates, rentals, tolls, schedules, charges of any kind, or agreements between a natural gas company and other natural gas companies or gas companies providing for the supply of natural gas and for compensation for the same are subject to the jurisdiction of the public utilities commission. The commission, upon application made to it, may relieve any producer or gatherer of natural gas, defined in this section as a gas company or a natural gas company, of compliance with the obligations imposed by this chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923. of the Revised Code, so long as the producer or gatherer is not affiliated with or under the control of a gas company or a natural gas company engaged in the transportation or distribution of natural gas, or so long as the producer or gatherer does not engage in the distribution of natural gas to consumers.
Nothing in division (A)(6) of this section limits the authority of the commission to enforce sections 4905.90 to 4905.96 of the Revised Code.
(7) A pipe-line company, when engaged in the business of transporting natural gas, oil, or coal or its derivatives through pipes or tubing, either wholly or partly within this state;
(8) A water-works company, when engaged in the business of supplying water through pipes or tubing, or in a similar manner, to consumers within this state;
(9) A heating or cooling company, when engaged in the business of supplying water, steam, or air through pipes or tubing to consumers within this state for heating or cooling purposes;
(10) A messenger company, when engaged in the business of supplying messengers for any purpose;
(11) A street railway company, when engaged in the business of operating as a common carrier, a railway, wholly or partly within this state, with one or more tracks upon, along, above, or below any public road, street, alleyway, or ground, within any municipal corporation, operated by any motive power other than steam and not a part of an interurban railroad, whether the railway is termed street, inclined-plane, elevated, or underground railway;
(12) A suburban railroad company, when engaged in the business of operating as a common carrier, whether wholly or partially within this state, a part of a street railway constructed or extended beyond the limits of a municipal corporation, and not a part of an interurban railroad;
(13) An interurban railroad company, when engaged in the business of operating a railroad, wholly or partially within this state, with one or more tracks from one municipal corporation or point in this state to another municipal corporation or point in this state, whether constructed upon the public highways or upon private rights-of-way, outside of municipal corporations, using electricity or other motive power than steam power for the transportation of passengers, packages, express matter, United States mail, baggage, and freight. Such an interurban railroad company is included in the term "railroad" as used in section 4907.02 of the Revised Code.
(14) A sewage disposal system company, when engaged in the business of sewage disposal services through pipes or tubing, and treatment works, or in a similar manner, within this state.
(B) "Motor-propelled vehicle" means any automobile, automobile truck, motor bus, or any other self-propelled vehicle not operated or driven upon fixed rails or tracks.
Nothing in this section shall be construed to mean that an electric light
company operated not for profit, owned and operated exclusively by and solely
for its customers, or owned or operated by a municipal corporation, is subject
to sections 4905.66, 4905.67, 4905.68, and 4905.69 of the Revised Code.
Sec. 4905.10. (A) For the sole purpose of
maintaining and administering the public utilities commission and exercising
its supervision and jurisdiction over the railroads and public utilities of the
state, an amount equivalent to the appropriation from the public utilities fund
CREATED UNDER DIVISION (B) OF THIS SECTION to the public utilities
commission for railroad and public utilities regulation in each fiscal year
shall be apportioned among and assessed against the railroads EACH
RAILROAD and public utilities UTILITY within the state by the commission
by first computing an assessment as though it were to be made in proportion to
the intrastate gross earnings or receipts, excluding earnings or receipts from
sales to other public utilities for resale, of the railroads and
RAILROAD OR public utilities UTILITY for the calendar year next
preceding that in which the assessments are ASSESSMENT IS made. The
COMMISSION MAY INCLUDE IN THAT FIRST COMPUTATION ANY AMOUNT OF A RAILROAD'S OR
PUBLIC UTILITY'S INTRASTATE GROSS EARNINGS OR RECEIPTS THAT WERE UNDERREPORTED
IN A PRIOR YEAR. IN ADDITION TO WHATEVER PENALTIES APPLY UNDER THE REVISED
CODE TO SUCH UNDERREPORTING, THE COMMISSION SHALL ASSESS THE RAILROAD OR
PUBLIC UTILITY INTEREST AT THE RATE STATED IN DIVISION (A) OF SECTION
1343.01 OF THE REVISED CODE. THE COMMISSION SHALL DEPOSIT ANY
INTEREST SO COLLECTED INTO THE PUBLIC UTILITIES FUND.
THE final computation of the assessment shall consist of imposing upon each
railroad and public utility whose assessment under the first computation would
have been fifty dollars or less an assessment of fifty dollars and recomputing the assessment ASSESSMENTS of the
remaining railroads and public utilities by apportioning an amount equal to the
appropriation to the public utilities commission for administration of the
utilities division in each fiscal year less the total amount to be recovered
from those paying the minimum assessment, in proportion to the intrastate gross
earnings or receipts of the remaining railroads and public utilities for the
calendar year next preceding that in which the assessments are made.
IN THE CASE OF AN ASSESSMENT BASED ON INTRASTATE GROSS RECEIPTS UNDER THIS SECTION AGAINST A PUBLIC UTILITY THAT IS AN ELECTRIC UTILITY AS DEFINED IN SECTION 4928.01 of the Revised Code, OR AN ELECTRIC SERVICES COMPANY, ELECTRIC COOPERATIVE, OR GOVERNMENTAL AGGREGATOR SUBJECT TO CERTIFICATION UNDER SECTION 4928.08 OF THE REVISED CODE, SUCH RECEIPTS SHALL BE THOSE SPECIFIED IN THE UTILITY'S, COMPANY'S, COOPERATIVE'S, OR AGGREGATOR'S MOST RECENT REPORT OF INTRASTATE GROSS RECEIPTS AND SALES OF KILOWATT HOURS OF ELECTRICITY, FILED WITH THE COMMISSION PURSUANT TO DIVISION (F) OF SECTION 4928.06 OF THE REVISED CODE, AND VERIFIED BY THE COMMISSION.
(B) On or before the first day of October in each year, the commission shall notify each such railroad and public utility of the sum assessed against it, whereupon payment shall be made to the commission, which shall deposit it into the state treasury to the credit of the public utilities fund, which is hereby created. Any such amounts paid into the fund but not expended by the commission shall be credited ratably, after first deducting any deficits accumulated from prior years, by the commission to railroads and public utilities that pay more than the minimum assessment, according to the respective portions of such sum assessable against them for the ensuing calendar year. The assessments for such calendar year shall be reduced correspondingly.
(C) Within five days after the beginning of each fiscal year, the director of budget and management shall transfer from the general revenue fund to the public utilities fund an amount sufficient for maintaining and administering the public utilities commission and exercising its supervision and jurisdiction over the railroads and public utilities of the state during the first four months of the fiscal year. The director shall transfer the same amount back to the general revenue fund from the public utilities fund at such time as the director determines that the balance of the public utilities fund is sufficient to support the appropriations from the fund for the fiscal year. The director may transfer less than that amount if the director determines that the revenues of the public utilities fund during the fiscal year will be insufficient to support the appropriations from the fund for the fiscal year, in which case the amount not paid back to the general revenue fund shall be payable to the general revenue fund in future fiscal years.
(C)(D) FOR THE PURPOSE OF THIS SECTION ONLY, "PUBLIC
UTILITY" INCLUDES, IN ADDITION TO AN ELECTRIC UTILITY AS DEFINED IN
SECTION 4928.01 of the Revised Code, AN ELECTRIC SERVICES
COMPANY, AN ELECTRIC COOPERATIVE, OR A GOVERNMENTAL AGGREGATOR SUBJECT TO
CERTIFICATION UNDER SECTION 4928.08 OF THE REVISED CODE, TO THE
EXTENT OF THE COMPANY'S, COOPERATIVE'S, OR AGGREGATOR'S ENGAGEMENT IN THE
BUSINESS OF SUPPLYING OR ARRANGING FOR THE SUPPLY IN THIS STATE OF ANY RETAIL
ELECTRIC SERVICE FOR WHICH IT MUST BE SO CERTIFIED.
(E) Each public utilities commissioner shall receive a salary fixed at the level set by pay range 49 under schedule E-2 of section 124.152 of the Revised Code.
Sec. 4905.14. (A) Every public utility shall file an annual report with the public utilities commission. The report shall be filed at the time and in the form prescribed by the commission, shall be duly verified, and shall cover the yearly period fixed by the commission. The commission shall prescribe the character of the information to be embodied in the annual report, and shall furnish to each public utility a blank form for it. Every public utility also shall file a copy of the annual report with the office of consumers' counsel; the copy shall be filed at the same time that the original is filed with the commission. If any annual report filed with the commission is defective or erroneous, the commission may order that it be amended within a prescribed time. Any amendments made pursuant to such an order shall be filed with the commission and with the office of consumers' counsel. Each annual report filed with the commission shall be preserved in the office of the commission. The commission may, at any time, require specific answers to questions upon which it desires information.
(B) On the first day of July and the first day of November of each year,
each gas company, AND natural gas company, and electric light company
shall file with the commission a report in quintuplicate
stating:
(1) The total demand, stated in terms of kilowatt hours or cubic
feet, that the company projects will be expected of the company for the
following twelve months;
(2) With respect to electric light companies, the supply of fuel for the
generation of electricity that they will possess as of the first day of July
and the first day of November;
(3) With respect to gas companies and natural gas companies, the THE pertinent details of supply contracts with pipeline
companies and producers for the following twelve months that they have executed
and the quantity of the gas that they will possess in storage and will be
available for delivery as of the first day of July and the first day of
November;
(4)(3) Where it appears from a comparison of the information
reported in division (B)(1) of this section with that
reported in division (B)(2) or (3) of this section that the total demand
projected by the company for the twelve months following the date of the report
will exceed the ability of the company to furnish it, the means which the
company intends to employ in order to prevent any interruption or curtailment
of service.
(C) The public utilities commission may require any telephone company to file with its annual report, supplementary reports of each exchange area owned or operated by it, in such detail as the commission may prescribe. Upon request of fifteen per cent of the subscribers of any telephone exchange, the public utilities commission shall require the report for such exchange area.
Sec. 4905.33. (A) No public utility shall
directly or indirectly, or by any special rate, rebate, drawback, or other
device or method, charge, demand, collect, or receive from any person, firm, or
corporation a greater or lesser compensation for any services rendered, or to
be rendered, except as provided in Chapters 4901., 4903., 4905., 4907., 4909.,
4921., AND 4923., and 4925. of the Revised Code, than it charges,
demands, collects, or receives from any other person, firm, or corporation for
doing a like and contemporaneous service under substantially the same
circumstances and conditions. No
(B) NO public utility shall furnish free service or service for less than actual cost for the purpose of destroying competition.
Sec. 4905.34. EXCEPT AS PROVIDED IN SECTIONS 4905.33 AND 4905.35 AND CHAPTER 4928. of the Revised Code, Chapters 4901., 4903., 4905., 4907., 4909., 4921., and 4923. of the Revised Code do not prevent any public utility or railroad from granting any of its property for any public purpose, or granting reduced rates or free service of any kind to the United States, to the state or any political subdivision of the state, for charitable purposes, for fairs or expositions, to a law enforcement officer residing in free housing provided pursuant to section 3735.43 of the Revised Code, or to any officer or employee of such public utility or railroad or the officer's or employee's family. All contracts and agreements made or entered into by such public utility or railroad for such use, reduced rates, or free service are valid and enforcible at law. As used in this section, "employee" includes furloughed, pensioned, and superannuated employees.
Sec. 4905.40. (A) A public utility or a railroad may, when authorized by order of the public utilities commission, issue stocks, bonds, notes, and other evidences of indebtedness, payable at periods of more than twelve months after their date of issuance, when necessary:
(1) For the acquisition of property, the construction, completion, extension, renewal, or improvement of its facilities, or the improvement of its service; or
(2) For reorganization or readjustment of its indebtedness and capitalization, for the discharge or lawful refunding of its obligation, or for the reimbursement of moneys actually expended for such purposes from income or from any other moneys in the treasury of the public utility or railroad not secured or obtained from the issue of stocks, bonds, notes, or other evidences of indebtedness of such public utility or railroad. No reimbursement of moneys expended for such purposes from income or other moneys in the treasury shall be authorized unless the applicant has kept its accounts and vouchers of such expenditures in such manner as to enable the commission to ascertain the amount and purposes of such expenditures.
(B) Any public utility, subject to the jurisdiction of the commission, may, when authorized by the commission, issue shares of common capital stock to acquire or pay for shares of common capital stock of a public utility of this or an adjoining state whose property is so located as to permit the operation of the properties of such utilities as an integrated system if the applicant owns, or by this issue will acquire, not less than sixty-five per cent of the issued and outstanding common capital shares of the company whose shares are to be acquired, and if the consideration to be capitalized by the acquiring company does not exceed the par or stated value at which the shares so acquired were issued.
(C) Any bonds, notes, or other evidences of indebtedness payable at periods of more than twelve months after their date may be issued as provided in sections 4905.40 to 4905.43 of the Revised Code, regardless of the amount of the capital stock of the public utility or railroad, subject to the approval of the commission of the excess of such bonds, notes, or other evidences of indebtedness above the amount of the capital stock of such public utility or railroad.
(D) The commission shall authorize on the best terms obtainable such issues
of stocks, bonds, and other evidences of indebtedness as are necessary to
enable any public utility to comply with any contract made between such public
utility and any municipal corporation prior to
(E) The commission may authorize A PUBLIC UTILITY THAT IS an electric light company to issue equity securities, or debt securities having a term of more than twelve months from the date of issuance, for the purpose of yielding to the company the capacity to acquire a facility that produces fuel for the generation of electricity.
(F) In any proceeding under division (A)(1) of this section initiated by a public utility, the commission shall determine and set forth in its order:
(1) Whether the purpose to which the issue or any proceeds of it shall be applied was or is reasonably required by the utility to meet its present and prospective obligations to provide utility service;
(2) Whether the amount of the issue and the probable cost of such stocks, bonds, notes, or other evidences of indebtedness is just and reasonable;
(3) What effect, if any, the issuance of such stocks, bonds, notes, or other evidences of indebtedness and the cost thereof will have upon the present and prospective revenue requirements of the utility.
(G) Sections 4905.40 to 4905.42 of the Revised Code do not apply to stocks, bonds, notes, or other evidence of indebtedness issued for the purpose of financing oil or natural gas drilling, producing, gathering, and associated activities and facilities by a producer which supplies to no more than twenty purchasers only such gas as is produced, gathered, or purchased by such producer within this state.
(H) Each public utility seeking authorization from the commission for the issuance of securities to finance the installation, construction, extension, or improvement of an air quality facility, as defined in section 3706.01 of the Revised Code, shall consider the availability of financing therefor from the Ohio air quality development authority and shall demonstrate to the commission that the proposed financing will be obtained on the best terms obtainable.
Sec. 4905.402. (A) As used in this section:
(1) "Control" means the possession of the power to direct the
management and policies of a domestic telephone company or a holding company of
a domestic telephone company, OR THE MANAGEMENT AND POLICIES OF A
DOMESTIC ELECTRIC UTILITY OR A HOLDING COMPANY OF A DOMESTIC ELECTRIC UTILITY,
through the ownership of voting securities, by contract, or otherwise, but does
not include the power that results from holding an official position or the
possession of corporate office with the domestic telephone company OR
UTILITY or THE holding company. Control is presumed to exist if any person,
directly or indirectly, owns, controls, holds the power to vote, or holds with
the power to vote proxies which THAT constitute, twenty per cent or more
of the total voting power of the domestic telephone company OR UTILITY
or THE holding company.
(2) "ELECTRIC UTILITY" HAS THE SAME MEANING AS IN SECTION 4928.07 OF THE REVISED CODE.
(3) "Holding company" excludes any securities broker performing the usual and customary broker's function.
(3)(4) "Telephone company" means any company
described in division (A)(2) of section 4905.03 of the Revised Code that is a
public utility under section 4905.02 of the Revised Code and provides basic
local exchange service, as defined in section 4927.01 of the Revised Code.
(B) No person shall acquire control, directly or indirectly, of a domestic telephone company or a holding company controlling a domestic telephone company OR OF A DOMESTIC ELECTRIC UTILITY OR A HOLDING COMPANY CONTROLLING A DOMESTIC ELECTRIC UTILITY unless that person obtains the prior approval of the public utilities commission under this section. To obtain approval the person shall file an application with the commission demonstrating that the acquisition will promote public convenience and result in the provision of adequate service for a reasonable rate, rental, toll, or charge. The application shall contain such information as the commission may require. If the commission considers a hearing necessary, it may fix a time and place for hearing. If, after review of the application and after any necessary hearing, the commission is satisfied that approval of the application will promote public convenience and result in the provision of adequate service for a reasonable rate, rental, toll, or charge, the commission shall approve the application and make such order as it considers proper. If the commission fails to issue an order within thirty days of the filing of the application, or within twenty days of the conclusion of a hearing, if one is held, the application shall be deemed approved by operation of law.
(C) The public utilities commission shall adopt such rules as it
finds necessary to carry out this section.
(D) If it appears to the public utilities commission or to any person
who THAT may be adversely affected that any person is engaged in or
about to engage in any acts or practices that would violate this section, the
attorney general, when directed to do so by the commission, or the person
claiming to be adversely affected may bring an action in any court of common
pleas that has jurisdiction and venue to enjoin such acts or practices and
enforce compliance with this section. Upon a proper showing, the court shall
grant, without bond, a restraining order or temporary or permanent injunction.
(E) The courts of this state have jurisdiction over every person not a
resident of or domiciled or authorized to do business in this state who
THAT files, or is prohibited from acting without first filing, an application
under division (B) of this section, and over all actions involving such person
arising out of violations of this section. The secretary of state shall be the
agent for service of process for any such person in any action, suit, or
proceeding arising out of violations of this section. Copies of all such lawful
process shall be served upon the secretary of state and transmitted by
certified mail, with return receipt requested, by the secretary of state to
such person at his THE PERSON'S last known address.
Sec. 4905.42. To determine whether it should issue
the order referred to in section 4905.40 of the Revised Code, the public
utilities commission shall hold such hearings, make such inquiries or
investigations, and examine such witnesses, books, papers, documents, and contracts
as it deems proper. Within forty-five days after an electric light company
submits an application under that section pertaining to the issuance of stocks,
bonds, notes, or other evidence of indebtedness to acquire, construct, or
install a compliance facility, the commission shall complete its review and
shall render a decision on the application.
An order issued under this section shall fix the amount, character, and terms of any issue of stocks, bonds, notes, or other evidence of indebtedness, and the purposes to which the issue or any proceeds of it shall be applied, shall recite that the money, property, consideration, or labor procured or to be procured or paid for by such issue was or is reasonably required for the purposes specified in the order, and shall recite the value of any property, consideration, or service, as found by the commission, for which in whole or in part such issue is proposed to be made.
No public utility or railroad shall, without the consent of the commission, apply any such issue or its proceeds to any purpose not specified in the order. Such public utilities or railroads may issue notes for proper corporate purposes, payable at periods of not more than twelve months, without the consent of the commission, but no such notes shall, in whole or in part, directly or indirectly, be refunded by any issue of stocks or bonds, or by any evidence of indebtedness, running for more than twelve months, without the consent of the commission.
All stocks, bonds, notes, or other evidence of indebtedness issued by any public utility or railroad without the permission of the commission are void. No interstate railroad or public utility shall be required to apply to the commission for authority to issue stocks, bonds, notes, or other evidence of indebtedness for the acquisition of property, the construction, completion, extension, or improvement of its facilities, or the improvement or maintenance of its service outside this state, or for authority for the discharge or refunding of obligations issued or incurred for such purposes or the reimbursement of moneys actually expended for such purposes outside this state.
No pipe-line company--when engaged in the business of transporting oil through pipes or tubing, either wholly or partly--within this state, shall be required to apply to the commission for authority to issue stocks, bonds, notes, or other evidence of indebtedness for the purpose of acquiring or paying for stocks, bonds, notes, or other evidence of indebtedness of any other corporation organized under the laws of this state, any other state, the District of Columbia, the United States, any territory of the United States, any foreign country, or otherwise.
No company that is both a pipe-line company engaged as such in the business of transporting natural gas through pipes or tubing in interstate commerce, wholly or partly within this state, and a natural gas company engaged as such in this state solely in the business of supplying natural gas to gas companies or to natural gas companies shall be required to apply to the commission for authority to issue stocks, bonds, notes, or other evidence of indebtedness.
Sec. 4905.46. (A) No public utility or railroad shall declare any stock, bond, or scrip dividend or distribution, or divide the proceeds of the sale of any stock, bond, or scrip among its stockholders, unless it is authorized to do so by the public utilities commission.
(B) Unless it is authorized to do so by the commission:
(1) No public utility which is a part of an electric utility holding
company system exempt under section 3(a)(1) or (2) of the "Public Utility
Holding Company Act of 1935," 49 Stat. 803, 15 U.S.C. 79c, and the rules
and regulations promulgated thereunder, shall invest
in, lend funds to, guarantee the obligations of, otherwise finance, or transfer
assets to any company which is not a public utilty as
defined by Ohio law or the law of any other state, and which is affiliated or
associated with it in the same holding company system. This limitation on
investments, loans, guarantees, or other financing does not apply to
transactions in the ordinary course of the companies' public utilities business
operations in which one entity acts on behalf of, or with respect to, another
within the holding company system.
(2) No electric utility holding company exempt under section 3(a)(1) or
(2) of the "Public Utility Holding Company Act of 1935," 49 Stat.
803, 15 U.S.C. 79c, and the rules and regulations promulgated thereunder, which directly owns, controls or holds with the
power to vote ten per cent or more of the outstanding voting securities of an
electric light company, or is itself an electric light company, shall make any
investment, including loans, in any subsidiary, affiliate, or associate that is
not a public utility as defined by Ohio law or the law of another state, that
would cause the company's capital investments in all such non-utility
subsidiaries, affiliates, and associates to exceed, at the time such proposed
investment is made, fifteen per cent or more of the aggregate capitalization of
the holding company on a consolidated basis. This limitation, however, does not
extend to investments made with funds provided from nonutility
subsidiaries, affiliates, or associates.
(C) The commission shall not approve a transfer of assets subject to
division (B)(1) of this section for at least forty-five days after an
application for approval has been filed with it, in order to afford interested
persons the opportunity to submit objections to approval of the application and
to request a public hearing. If the commission, after such forty-five day
period but within one hundred thirty-five days after the application was filed,
does not disapprove the application, the application shall be deemed approved.
(D) Nothing in division (B) or (C) of this section affects the authority
of a public utility or railroad to declare and pay interest or dividends on, or
otherwise act with respect to, stocks, bonds, notes, or other evidences of
indebtedness once issued pursuant to sections 4905.40 to 4905.42 of the Revised
Code.
(E) No telephone company shall declare any cash, stock, bond, or
scrip dividend or distribution, or divide the proceeds of the sale of any
stock, bond, or scrip among its common or voting shareholders, while such
telephone company is in violation of any order of the commission, or against
which telephone company there exists a finding of inadequate service, except
when the public utilities commission makes a finding after hearing and notice,
as provided in section 4905.26 of the Revised Code, that such dividend
or distribution will in no way postpone compliance with any order or affect the
adequacy of service rendered or to be rendered by such telephone company. Provided
that if IF a telephone company, while in
violation of any order of the commission, or against which there exists a
finding of inadequate service, desires to declare a cash dividend or
distribution without the consent of the commission, it shall set aside in a
special reserve fund a sum of money equivalent to the amount necessary to pay
the proposed dividend or distribution, which, while said company is in
violation of said order or against which such finding exists, may be expended
only with the consent of the commission.
Sec. 4905.70. The public utilities commission shall
initiate programs that will promote and encourage conservation of energy and a
reduction in the growth rate of energy consumption, promote economic
efficiencies, and take into account long-run incremental costs.
Notwithstanding sections 4905.31, 4905.33, 4905.35, and 4909.151 of the Revised
Code, the public utilities commission shall examine and issue written
findings on the declining block rate structure, lifeline rates, long-run
incremental pricing, peak load and off-peak pricing, time of day and seasonal
pricing, interruptible load pricing, and single rate pricing where rates do not
vary because of classification of customers or amount of usage. The public
utilities commission shall establish criteria for the investigation,
identification, and remedy of the existence of any excess capacity, exclusive
of capacity used primarily for Ohio coal research and development, as defined
in section 1555.01 of the Revised Code, the costs of which have been allowed
for recovery under section 4905.301 or 4909.15 of the Revised Code, in the
generating systems of electric light companies. The public utilities
commission, by a rule adopted no later than A UNDER THE RULE, A
customer who selects such option may, under the rule, be required by the
company, where no such meter is already installed, to pay for such meter and
its installation. The rule shall require each company to bill such of its
customers who select such option for those kilowatt hours in excess of a
prescribed number of kilowatt hours per kilowatt of billing demand, at a rate
per kilowatt hour that reflects the lower cost of providing service during
off-peak periods.
Sec. 4906.10. (A) The power siting board shall render a decision upon the record either granting or denying the application as filed, or granting it upon such terms, conditions, or modifications of the construction, operation, or maintenance of the major utility facility as the board considers appropriate. The certificate shall be conditioned upon the facility being in compliance with standards and rules adopted under sections 1501.33, 1501.34, and 4561.32 and Chapters 3704., 3734., and 6111. of the Revised Code. The period of initial operation under a certificate shall expire two years after the date on which electric power is first generated by the facility. During the period of initial operation, the facility shall be subject to the enforcement and monitoring powers of the director of environmental protection under Chapters 3704., 3734., and 6111. of the Revised Code and to the emergency provisions under those chapters. If a major utility facility constructed in accordance with the terms and conditions of its certificate is unable to operate in compliance with all applicable requirements of state laws, rules, and standards pertaining to air pollution, the facility may apply to the director of environmental protection for a conditional operating permit under division (G) of section 3704.03 of the Revised Code and the rules adopted thereunder. The operation of a major utility facility in compliance with a conditional operating permit is not in violation of its certificate. After the expiration of the period of initial operation of a major utility facility, the facility shall be under the jurisdiction of the environmental protection agency and shall comply with all laws, rules, and standards pertaining to air pollution, water pollution, and solid and hazardous waste disposal.
The board shall not grant a certificate for the construction, operation, and maintenance of a major utility facility, either as proposed or as modified by the board, unless it finds and determines all of the following:
(1) The basis of the need for the facility;.
IN THE CASE OF A MAJOR UTILITY FACILITY DESCRIBED IN DIVISION (B)(1) OF SECTION 4906.01 of the Revised Code TO
BE CONSTRUCTED ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, THE BOARD
SHALL PRESUME THE NEED FOR THE FACILITY AS THAT NEED IS STATED IN AN
APPLICATION PURSUANT TO DIVISION (A)(3) OF SECTION 4906.06 of the Revised
Code.
(2) The nature of the probable environmental impact;
(3) That the facility represents the minimum adverse environmental impact, considering the state of available technology and the nature and economics of the various alternatives, and other pertinent considerations;
(4) In the case of an electric transmission line, that the facility is consistent with regional plans for expansion of the electric power grid of the electric systems serving this state and interconnected utility systems and that the facility will serve the interests of electric system economy and reliability;
(5) That the facility will comply with Chapters 3704., 3734., and 6111. of the Revised Code and all rules and standards adopted under those chapters and under sections 1501.33, 1501.34, and 4561.32 of the Revised Code. In determining whether the facility will comply with all rules and standards adopted under section 4561.32 of the Revised Code, the board shall consult with the office of aviation of the division of multi-modal planning and programs of the department of transportation under section 4561.341 of the Revised Code.
(6) That the facility will serve the public interest, convenience, and necessity;
(7) In addition to the provisions contained in divisions (A)(1) to (6) of this section and rules adopted under those divisions, what its impact will be on the viability as agricultural land of any land in an existing agricultural district established under Chapter 929. of the Revised Code that is located within the site and alternative site of the proposed major utility facility. Rules adopted to evaluate impact under division (A)(7) of this section shall not require the compilation, creation, submission, or production of any information, document, or other data pertaining to land not located within the site and alternative site.
(8) That the facility incorporates maximum feasible water conservation practices as determined by the board, considering available technology and the nature and economics of the various alternatives.
(B) If the board determines that the location of all or a part of the proposed facility should be modified, it may condition its certificate upon that modification, provided that the municipal corporations and counties, and persons residing therein, affected by the modification shall have been given reasonable notice thereof.
(C) A copy of the decision and any opinion issued therewith shall be served upon each party.
Sec. 4909.01. As used in this chapter:
(A) "Public utility" has the meaning set forth in section 4905.02 of the Revised Code.
(B) "Telegraph company," "telephone company," "electric light company," "gas company," "natural gas company," "pipeline company," "water-works company," "sewage disposal system company," "heating or cooling company," "messenger company," "street railway company," "suburban railroad company," "interurban railroad company," and "motor-propelled vehicle" have the meanings set forth in section 4905.03 of the Revised Code.
(C) "Railroad" has the meaning set forth in section 4907.02 of the Revised Code.
(D) "Motor transportation company" has the meaning set forth in sections 4905.03 and 4921.02 of the Revised Code.
(E) "Trailers," "public highway," "fixed termini," "regular route," and "irregular route" have the meanings set forth in section 4921.02 of the Revised Code.
(F) "Private motor carrier," "contract carrier by motor vehicle," "motor vehicle," and "charter party trip" have the meanings set forth in section 4923.02 of the Revised Code.
(G) "Delivery cost" and "acquisition cost" have the
meanings set forth in section 4905.01 of the Revised Code.
(H) "Compliance facility" has the meaning set forth in section
4905.01 of the Revised Code.
Nothing in this section shall be construed to mean that an electric light
company operated not for profit or one that is owned or operated by a municipal
corporation is subject to section 4909.191 of the Revised Code.
Sec. 4909.05. As used in this section:
(A) A "lease purchase agreement" is an agreement pursuant to which a public utility leasing property is required to make rental payments for the term of the agreement and either the utility is granted the right to purchase the property upon the completion of the term of the agreement and upon the payment of an additional fixed sum of money or title to the property vests in the utility upon the making of the final rental payment.
(B) A "leaseback" is the sale or transfer of property by a public utility to another person contemporaneously followed by the leasing of the property to the public utility on a long-term basis.
The public utilities commission shall prescribe the form and details of the valuation report of the property of each public utility or railroad in the state. Such report shall include all the kinds and classes of property, with the value of each, owned or held by each public utility or railroad used and useful for the service and convenience of the public. Such report shall contain the following facts in detail:
(C) The original cost of each parcel of land owned in fee and in use at the date certain determined by the commission; and also a statement of the conditions of acquisition, whether by direct purchase, by donation, by exercise of the power of eminent domain, or otherwise;
(D) The actual acquisition cost, not including periodic rental fees, of rights-of-way, trailways, or other land rights held by virtue of easements, leases, or other forms of grants of rights as to usage;
(E) The original cost of all other kinds and classes of property used and
useful in the rendition of service to the public. Such original costs of
property, other than land owned in fee, shall be the cost, as determined to be
reasonable by the commission, to the person that first dedicated the property
to the public use and shall be set forth in property accounts and subaccounts as prescribed by the commission. To the extent
that the costs of property comprising a coal research and development facility,
as defined in section 1555.01 of the Revised Code, or a coal development
project, as defined in section 1551.30 of the Revised Code, have been allowed
for recovery as Ohio coal research and development costs under section 4905.301,
4905.304, or 4909.191 of the Revised Code, none of those costs
shall be included as a cost of property under this division.
(F) The cost of property constituting all or part of a project leased to or used by the utility under Chapter 165., 3706., 6121., or 6123. of the Revised Code and not included under division (E) of this section exclusive of any interest directly or indirectly paid by the utility with respect thereto whether or not capitalized;
(G) In the discretion of the commission, the cost to a utility, in an amount determined to be reasonable by the commission, of property constituting all or part of a project leased to the utility under a lease purchase agreement or a leaseback and not included under division (E) of this section exclusive of any interest directly or indirectly paid by the utility with respect thereto whether or not capitalized;
(H) The proper and adequate reserve for depreciation, as determined to be reasonable by the commission;
(I) Any sums of money or property that the company may have received as total or partial defrayal of the cost of its property;
(J) The valuation of the property of the company, which shall be the sum of the amounts contained in the report pursuant to divisions (C), (D), (E), (F), and (G) of this section, less the sum of the amounts contained in the report pursuant to divisions (H) and (I) of this section.
The report shall show separately the property used and useful to such public utility or railroad in the furnishing of the service to the public, and the property held by such public utility or railroad for other purposes, and such other items as the commission considers proper. The commission may require an additional report showing the extent to which the property is used and useful. Such reports shall be filed in the office of the commission for the information of the governor and the general assembly.
Sec. 4909.15. (A) The public utilities commission, when fixing and determining just and reasonable rates, fares, tolls, rentals, and charges, shall determine:
(1) The valuation as of the date certain of the property of the public
utility used and useful in rendering the public utility service for which rates
are to be fixed and determined. The valuation so determined shall be the total
value as set forth in division (J) of section 4909.05 of the Revised Code, and
a reasonable allowance for materials and supplies and cash working capital, as
determined by the public utilities commission.
The commission may, in its discretion, MAY include in the valuation a
reasonable allowance for construction work in progress but, in no event, may
such an allowance be made by the commission until it has determined that the
particular construction project is at least seventy-five per cent complete.
In the case of a construction project involving the installation,
renovation, or maintenance of pollution control equipment, the commission may
include the project in the valuation as construction work in progress as of the
date that the particular construction project is at least seventy-five per cent
complete.
As used in this division, "pollution control equipment" means
any construction project undertaken, in whole or in part, to reduce sulfur or
nitrous oxide emissions to levels established by federal, state, or local
statute, law, ordinance, regulation, or order. The commission shall determine
by rule what projects qualify as pollution control equipment.
In determining the percentage completion of a particular construction project, the commission shall consider, among other relevant criteria, the per cent of time elapsed in construction; the per cent of construction funds, excluding allowance for funds used during construction, expended, or obligated to such construction funds budgeted where all such funds are adjusted to reflect current purchasing power; and any physical inspection performed by or on behalf of any party, including the commission's staff.
A reasonable allowance for construction work in progress other than for
construction projects involving the installation, renovation, or maintenance of
pollution control equipment shall not exceed ten per cent of the total
valuation as stated in this division, not including such allowance for
construction work in progress.
The allowance for construction work in progress for construction projects
involving the installation, renovation, or maintenance of pollution control
equipment shall be the dollar value of the project and shall not exceed,
together with any other allowance for construction work in progress granted
under this division, twenty per cent of the total valuation as stated in this
division, not including such allowance for construction work in progress.
Where the commission permits an allowance for construction work in progress, the dollar value of the project or portion thereof included in the valuation as construction work in progress shall not be included in the valuation as plant in service until such time as the total revenue effect of the construction work in progress allowance is offset by the total revenue effect of the plant in service exclusion. Carrying charges calculated in a manner similar to allowance for funds used during construction shall accrue on that portion of the project in service but not reflected in rates as plant in service, and such accrued carrying charges shall be included in the valuation of the property at the conclusion of the offset period for purposes of division (J) of section 4909.05 of the Revised Code.
From and after
In the case of a nuclear generating facility that has not been granted a
full construction permit by the nuclear regulatory commission on or before April
10, 1985, the utility, within six months after the granting of such permit,
shall submit to the public utilities commission a projected in service date for
such facility. Thereafter, no allowance for construction work in progress as it
relates to such nuclear generating facility shall be reflected in rates for a
period exceeding forty-eight consecutive months commencing on the date the
initial rates reflecting such allowance become effective, or for a period
commencing on the date the initial rates reflecting such allowance become
effective and ending on the projected in service date previously submitted to
the commission, whichever period expires first.
The applicable maximum period in rates for an allowance for construction work in progress as it relates to a particular construction project shall be tolled if, and to the extent, a delay in the in-service date of the project is caused by the action or inaction of any federal, state, county, or municipal agency having jurisdiction, where such action or inaction relates to a change in a rule, standard, or approval of such agency, and where such action or inaction is not the result of the failure of the utility to reasonably endeavor to comply with any rule, standard, or approval prior to such change.
In the event that such period expires before the project goes in INTO
service, the commission shall EXCLUDE, from the date of expiration, exclude
the allowance for the project as construction work in progress from rates,
except that the commission may extend the expiration date up to twelve months
for good cause shown.
In the event that a utility has permanently canceled, abandoned, or
terminated construction of a project for which it was previously permitted a
construction work in progress allowance, the commission shall
immediately SHALL exclude the allowance for the project from the
valuation.
In the event that a construction work in progress project previously
included in the valuation is removed from the valuation pursuant to this
division, any revenues collected by the utility from its customers after April
10, 1985, which THAT resulted from such prior inclusion shall be offset
against future revenues over the same period of time as the project was
included in the valuation as construction work in progress. The total revenue
effect of such offset shall not exceed the total revenues previously collected.
In no event shall the total revenue effect of any offset or offsets provided
herein UNDER DIVISION (A)(1) OF THIS
SECTION exceed the total revenue effect of any construction work in progress
allowance.
(2) A fair and reasonable rate of return to the utility on the valuation as determined in division (A)(1) of this section;
(3) The dollar annual return to which the utility is entitled by applying the fair and reasonable rate of return as determined under division (A)(2) of this section to the valuation of the utility determined under division (A)(1) of this section;
(4) The cost to the utility of rendering the public utility service for the test period less the total of any interest on cash or credit refunds paid, pursuant to section 4909.42 of the Revised Code, by the utility during the test period.
(a) Any depreciation expense of a compliance facility shall be calculated
under division (A)(4) of this section on the basis of the useful service life
of the compliance facility or the remaining useful life of the electric
generating unit in connection with which the compliance facility was acquired,
constructed, or installed, whichever is the shorter time. Division (A)(4)(a) of this section applies only to depreciation expense
of a compliance facility contained in the environmental compliance plan of the
electric light company approved under Chapter 4913. of
the Revised Code or in its compliance strategy examined under section 4909.158
of the Revised Code.
(b) Federal, state, and local taxes imposed on or measured by net
income may, in the discretion of the commission, be computed by the
normalization method of accounting, provided the utility maintains accounting
reserves that reflect differences between taxes actually payable and taxes on a
normalized basis, provided that no determination as to the treatment in the
rate-making process of such taxes shall be made that will result in loss
of any tax depreciation or other tax benefit to which the utility would
otherwise be entitled, and further provided that such tax benefit as redounds
to the utility as a result of such a computation may not be retained by the
company, used to fund any dividend or distribution, or utilized for any purpose
other than the defrayal of the operating expenses of the utility and the
defrayal of the expenses of the utility in connection with construction work.
(c)(b) The amount of any tax credits granted to an electric
light company under section 5727.391 5733.39 of the Revised Code
shall not be retained by the company, used to fund any dividend or
distribution, or utilized for any purposes other than the defrayal of the
allowable operating expenses of the company and the defrayal of the allowable expenses
of the company in connection with the installation, acquisition, construction,
or use of a compliance facility. The amount of the tax credits granted to an
electric light company under that section shall be returned to its customers
within three years after initially claiming the credit through an offset to the
company's rates or fuel component, as determined by the commission, as set
forth in schedules filed by the company under section 4905.30 of the Revised
Code. As used in division (A)(4)(c) of this section,
"compliance facility" has the same meaning as in section 5727.391
5733.39 of the Revised Code.
(B) The public utilities commission shall compute the gross annual
revenues to which the utility is entitled by adding the dollar amount of return
under division (A)(3) of this section to the cost of rendering the public
utility service for the test period under division (A)(4) of this section.
(C) The test period, unless otherwise ordered by the public utilities
commission, shall be the twelve-month period beginning six months prior to the
date the application is filed and ending six months subsequent to that date. In
no event shall the test period end more than nine months subsequent to the date
the application is filed. The revenues and expenses of the utility shall be
determined during the test period. The date certain shall be not later than the
date of filing.
(D) When the public utilities commission is of the opinion, after
hearing and after making the determinations under divisions (A) and (B) of this
section, that any rate, fare, charge, toll, rental, schedule, classification,
or service, or any joint rate, fare, charge, toll, rental, schedule,
classification, or service rendered, charged, demanded, exacted, or proposed to
be rendered, charged, demanded, or exacted, is, or will be, unjust,
unreasonable, unjustly discriminatory, unjustly preferential, or in violation
of law, that the service is, or will be, inadequate, or that the maximum rates,
charges, tolls, or rentals chargeable by any such public utility are
insufficient to yield reasonable compensation for the service rendered, and are
unjust and unreasonable, the commission shall:
(1) With due regard among other things to the value of all property of the public utility actually used and useful for the convenience of the public as determined under division (A)(1) of this section, excluding from such value the value of any franchise or right to own, operate, or enjoy the same in excess of the amount, exclusive of any tax or annual charge, actually paid to any political subdivision of the state or county, as the consideration for the grant of such franchise or right, and excluding any value added to such property by reason of a monopoly or merger, with due regard in determining the dollar annual return under division (A)(3) of this section to the necessity of making reservation out of the income for surplus, depreciation, and contingencies, and;
(2) With due regard to all such other matters as are proper, according to the facts in each case,
(a) Including a fair and reasonable rate of return determined by the commission with reference to a cost of debt equal to the actual embedded cost of debt of such public utility,
(b) But not including the portion of any periodic rental or use payments
representing that cost of property which THAT is included in the
valuation report under divisions (F) and (G) of section 4909.05 of the Revised
Code, fix and determine the just and reasonable rate, fare, charge, toll,
rental, or service to be rendered, charged, demanded, exacted, or collected for
the performance or rendition of the service that will provide the public
utility the allowable gross annual revenues under division (B) of this section,
and order such just and reasonable rate, fare, charge, toll, rental, or service
to be substituted for the existing one. After such determination and order no
change in the rate, fare, toll, charge, rental, schedule, classification, or
service shall be made, rendered, charged, demanded, exacted, or changed by such
public utility without the order of the commission, and any other rate, fare,
toll, charge, rental, classification, or service is prohibited.
(E) Upon application of any person or any public utility, and after notice to the parties in interest and opportunity to be heard as provided in Chapters 4901., 4903., 4905., 4907., 4909., 4921., and 4923. of the Revised Code for other hearings, has been given, the commission may rescind, alter, or amend an order fixing any rate, fare, toll, charge, rental, classification, or service, or any other order made by the commission. Certified copies of such orders shall be served and take effect as provided for original orders.
Sec. 4909.161. (A) Notwithstanding the
provisions of Chapters 4905. and 4909. of the Revised Code, the payment of any type of increased
excise tax levy shall be considered to be a normal expense incurred by a public
utility in the course of rendering service to the public, and may be recovered
as such in accordance with an order of the public utilities commission. Any
public utility required to pay any such increased excise tax levy may file with
the public utilities commission revised rate schedules which THAT will
permit full recovery on an interim or permanent basis in its rates, of the
amount of any resultant increased tax payments and the commission shall
promptly act to approve such schedules.
(B) NOTWITHSTANDING CHAPTERS 4905. AND 4909. OF THE REVISED CODE, THE PAYMENT OF THE KILOWATT-HOUR TAX IMPOSED BY SECTION 5727.81 OF THE REVISED CODE SHALL BE CONSIDERED A NORMAL EXPENSE INCURRED BY AN ELECTRIC DISTRIBUTION UTILITY, AS DEFINED IN SECTION 4928.01 OF THE REVISED CODE, IN THE COURSE OF RENDERING SERVICE TO THE PUBLIC, AND MAY BE RECOVERED AS SUCH IN ACCORDANCE WITH AN ORDER OF THE COMMISSION. AN ELECTRIC DISTRIBUTION UTILITY REQUIRED TO PAY THE KILOWATT-HOUR TAX MAY FILE WITH THE COMMISSION REVISED RATE SCHEDULES, CONSISTENT WITH CHAPTERS 4905. AND 4909. AND DIVISION (A)(6) OF SECTION 4928.34 OF THE REVISED CODE, THAT WILL PERMIT FULL RECOVERY ON A PERMANENT BASIS IN ITS RATES, OF THE AMOUNT OF ANY RESULTANT TAX PAYMENTS, AFTER TAKING INTO ACCOUNT ANY REDUCTIONS OF TAXES IN ITS RATES RESULTING FROM SUB. S.B. NO. 3 OF THE123rd GENERAL ASSEMBLY, AND THE COMMISSION SHALL ACT PROMPTLY TO APPROVE THOSE SCHEDULES.
Sec. 4911.18. (A) For the sole purpose of
maintaining and administering the office of the consumers' counsel and
exercising the powers of the consumers' counsel under this chapter, an amount
equal to the appropriation to the office of the consumers' counsel in each
fiscal year shall be apportioned among and assessed against the EACH
public utilities UTILITY within the state, as defined in section 4911.01
of the Revised Code, by first computing an assessment as though it were to be
made in proportion to the intrastate gross earnings or receipts of the public utilities
companies UTILITY for the calendar year next preceding that in which the assessments
are ASSESSMENT IS made, excluding earnings or receipts from sales to other
public utilities for resale. THE OFFICE MAY INCLUDE IN THAT FIRST COMPUTATION
ANY AMOUNT OF A RAILROAD'S OR PUBLIC UTILITY'S INTRASTATE GROSS EARNINGS OR
RECEIPTS UNDERREPORTED IN A PRIOR YEAR. IN ADDITION TO WHATEVER PENALTIES APPLY
UNDER THE REVISED CODE TO SUCH UNDERREPORTING, THE OFFICE SHALL
ASSESS THE RAILROAD OR PUBLIC UTILITY INTEREST AT THE RATE STATED IN DIVISION (A)
OF SECTION 1343.01 OF THE REVISED CODE. THE OFFICE SHALL DEPOSIT
ANY INTEREST SO COLLECTED INTO THE CONSUMERS' COUNSEL OPERATING FUND.
The final computation of the assessment shall consist of imposing upon each company
PUBLIC UTILITY whose assessment under the first computation would have been
fifty dollars or less an assessment of fifty dollars and recomputing
the assessment of the remaining companies by apportioning an amount equal to
the appropriation to the office of consumers' counsel in each fiscal year less
the total amount to be recovered from those paying the minimum assessment, in
proportion to the intrastate gross earnings or receipts of the remaining companies
for the calendar year next preceding that in which the assessments are made,
excluding earnings or receipts from sales to other public utilities for resale.
IN THE CASE OF AN ASSESSMENT BASED ON INTRASTATE GROSS RECEIPTS UNDER THIS SECTION AGAINST A PUBLIC UTILITY THAT IS AN ELECTRIC UTILITY AS DEFINED IN SECTION 4928.01 of the Revised Code, OR AN ELECTRIC SERVICES COMPANY, ELECTRIC COOPERATIVE, OR GOVERNMENTAL AGGREGATOR SUBJECT TO CERTIFICATION UNDER SECTION 4928.08 OF THE REVISED CODE, SUCH RECEIPTS SHALL BE THOSE SPECIFIED IN THE UTILITY'S, COMPANY'S, COOPERATIVE'S, OR AGGREGATOR'S MOST RECENT REPORT OF INTRASTATE GROSS RECEIPTS AND SALES OF KILOWATT HOURS OF ELECTRICITY, FILED WITH THE PUBLIC UTILITIES COMMISSION PURSUANT TO DIVISION (F) OF SECTION 4928.06 OF THE REVISED CODE, AND VERIFIED BY THE COMMISSION.
(B) On or before the first day of October in each year, the OFFICE OF
CONSUMERS' counsel shall notify each public utility company of
the sum assessed against it, whereupon payment shall be made to the counsel,
who shall deposit it into the state treasury to the credit of the consumers'
counsel operating fund, which is hereby created. Any such amounts paid into the
fund but not expended by the counsel OFFICE shall be credited ratably by
the counsel OFFICE to the public utility companies which
UTILITIES THAT pay more than the minimum assessment, according to the
respective portions of such sum assessable against them for the ensuing
calendar year, after first deducting any deficits accumulated from prior years.
The assessments for such calendar year shall be reduced correspondingly.
(C) Within five days after the beginning of each fiscal year, the director of budget and management shall transfer from the general revenue fund to the consumers' counsel operating fund an amount sufficient for maintaining and administering the office of the consumers' counsel and exercising the powers of the consumers' counsel under this chapter during the first four months of the fiscal year. Not later than the thirty-first day of December of the fiscal year, the same amount shall be transferred back to the general revenue fund from the consumers' counsel operating fund.
(D) AS USED IN THIS SECTION, "PUBLIC UTILITY" INCLUDES, IN ADDITION TO AN ELECTRIC UTILITY AS DEFINED IN SECTION 4928.01 of the Revised Code, AN ELECTRIC SERVICES COMPANY, AN ELECTRIC COOPERATIVE, OR A GOVERNMENTAL AGGREGATOR SUBJECT TO CERTIFICATION UNDER SECTION 4928.08 OF THE REVISED CODE, TO THE EXTENT OF THE COMPANY'S, COOPERATIVE'S, OR AGGREGATOR'S ENGAGEMENT IN THE BUSINESS OF SUPPLYING OR ARRANGING FOR THE SUPPLY IN THIS STATE OF ANY RETAIL ELECTRIC SERVICE FOR WHICH IT MUST BE SO CERTIFIED.
Sec. 4928.01. (A) AS USED IN THIS CHAPTER:
(1) "ANCILLARY SERVICE" MEANS ANY FUNCTION NECESSARY TO THE PROVISION OF ELECTRIC TRANSMISSION OR DISTRIBUTION SERVICE TO A RETAIL CUSTOMER AND INCLUDES, BUT IS NOT LIMITED TO, SCHEDULING, SYSTEM CONTROL, AND DISPATCH SERVICES; REACTIVE SUPPLY FROM GENERATION RESOURCES AND VOLTAGE CONTROL SERVICE; REACTIVE SUPPLY FROM TRANSMISSION RESOURCES SERVICE; REGULATION SERVICE; FREQUENCY RESPONSE SERVICE; ENERGY IMBALANCE SERVICE; OPERATING RESERVE-SPINNING RESERVE SERVICE; OPERATING RESERVE-SUPPLEMENTAL RESERVE SERVICE; LOAD FOLLOWING; BACK-UP SUPPLY SERVICE; REAL-POWER LOSS REPLACEMENT SERVICE; DYNAMIC SCHEDULING; SYSTEM BLACK START CAPABILITY; AND NETWORK STABILITY SERVICE.
(2) "BILLING AND COLLECTION AGENT" MEANS A FULLY INDEPENDENT AGENT, NOT AFFILIATED WITH OR OTHERWISE CONTROLLED BY AN ELECTRIC UTILITY, ELECTRIC SERVICES COMPANY, ELECTRIC COOPERATIVE, OR GOVERNMENTAL AGGREGATOR SUBJECT TO CERTIFICATION UNDER SECTION 4928.08 of the Revised Code, TO THE EXTENT THAT THE AGENT IS UNDER CONTRACT WITH SUCH UTILITY, COMPANY, COOPERATIVE, OR AGGREGATOR SOLELY TO PROVIDE BILLING AND COLLECTION FOR RETAIL ELECTRIC SERVICE ON BEHALF OF THE UTILITY COMPANY, COOPERATIVE, OR AGGREGATOR.
(3) "CERTIFIED TERRITORY" MEANS THE CERTIFIED TERRITORY
ESTABLISHED FOR AN ELECTRIC SUPPLIER UNDER SECTIONS 4933.81 TO 4933.90 of the Revised
(4) "COMPETITIVE RETAIL ELECTRIC SERVICE" MEANS A COMPONENT OF RETAIL ELECTRIC SERVICE THAT IS COMPETITIVE AS PROVIDED UNDER DIVISION (B) OF THIS SECTION.
(5) "ELECTRIC COOPERATIVE" MEANS A NOT-FOR-PROFIT ELECTRIC LIGHT COMPANY THAT BOTH IS OR HAS BEEN FINANCED IN WHOLE OR IN PART UNDER THE "RURAL ELECTRIFICATION ACT OF 1936," 49 STAT. 1363, 7 U.S.C. 901, AND OWNS OR OPERATES FACILITIES IN THIS STATE TO GENERATE, TRANSMIT, OR DISTRIBUTE ELECTRICITY, OR A NOT-FOR-PROFIT SUCCESSOR OF SUCH COMPANY.
(6) "ELECTRIC DISTRIBUTION UTILITY" MEANS AN ELECTRIC UTILITY THAT SUPPLIES AT LEAST RETAIL ELECTRIC DISTRIBUTION SERVICE.
(7) "ELECTRIC LIGHT COMPANY" HAS THE SAME MEANING AS IN SECTION 4905.03 of the Revised Code AND INCLUDES AN ELECTRIC SERVICES COMPANY, BUT EXCLUDES ANY SELF-GENERATOR TO THE EXTENT IT CONSUMES ELECTRICITY IT SO PRODUCES OR TO THE EXTENT IT SELLS FOR RESALE ELECTRICITY IT SO PRODUCES.
(8) "
(9) "ELECTRIC SERVICES COMPANY" MEANS AN ELECTRIC LIGHT COMPANY THAT IS ENGAGED ON A FOR-PROFIT OR NOT-FOR-PROFIT BASIS IN THE BUSINESS OF SUPPLYING OR ARRANGING FOR THE SUPPLY OF ONLY A COMPETITIVE RETAIL ELECTRIC SERVICE IN THIS STATE. "ELECTRIC SERVICES COMPANY" INCLUDES A POWER MARKETER, POWER BROKER, AGGREGATOR, OR INDEPENDENT POWER PRODUCER BUT EXCLUDES AN ELECTRIC COOPERATIVE, MUNICIPAL ELECTRIC UTILITY, GOVERNMENTAL AGGREGATOR, OR BILLING AND COLLECTION AGENT.
(10) "ELECTRIC SUPPLIER" HAS THE SAME MEANING AS IN SECTION 4933.81 of the Revised Code.
(11) "ELECTRIC UTILITY" MEANS AN ELECTRIC LIGHT COMPANY THAT IS ENGAGED ON A FOR-PROFIT BASIS IN THE BUSINESS OF SUPPLYING A NONCOMPETITIVE RETAIL ELECTRIC SERVICE IN THIS STATE OR IN THE BUSINESSES OF SUPPLYING BOTH A NONCOMPETITIVE AND A COMPETITIVE RETAIL ELECTRIC SERVICE IN THIS STATE. "ELECTRIC UTILITY" EXCLUDES A MUNICIPAL ELECTRIC UTILITY OR A BILLING AND COLLECTION AGENT.
(12) "FIRM ELECTRIC SERVICE" MEANS ELECTRIC SERVICE OTHER THAN NONFIRM ELECTRIC SERVICE.
(13) "GOVERNMENTAL AGGREGATOR" MEANS A LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION, A BOARD OF TOWNSHIP TRUSTEES, OR A BOARD OF COUNTY COMMISSIONERS ACTING AS AN AGGREGATOR FOR THE PROVISION OF A COMPETITIVE RETAIL ELECTRIC SERVICE UNDER AUTHORITY CONFERRED UNDER SECTION 4928.20 of the Revised Code.
(14) A PERSON ACTS "KNOWINGLY," REGARDLESS OF THE PERSON'S PURPOSE, WHEN THE PERSON IS AWARE THAT THE PERSON'S CONDUCT WILL PROBABLY CAUSE A CERTAIN RESULT OR WILL PROBABLY BE OF A CERTAIN NATURE. A PERSON HAS KNOWLEDGE OF CIRCUMSTANCES WHEN THE PERSON IS AWARE THAT SUCH CIRCUMSTANCES PROBABLY EXIST.
(15) "LEVEL OF FUNDING FOR LOW-INCOME CUSTOMER ENERGY EFFICIENCY PROGRAMS PROVIDED THROUGH ELECTRIC UTILITY RATES" MEANS THE LEVEL OF FUNDS SPECIFICALLY INCLUDED IN AN ELECTRIC UTILITY'S RATES ON THE EFFECTIVE DATE OF THIS SECTION PURSUANT TO AN ORDER OF THE PUBLIC UTILITIES COMMISSION ISSUED UNDER CHAPTER 4905. OR 4909. OF THE REVISED CODE AND IN EFFECT ON THE DAY BEFORE THE EFFECTIVE DATE OF THIS SECTION, FOR THE PURPOSE OF IMPROVING THE ENERGY EFFICIENCY OF HOUSING FOR THE UTILITY'S LOW-INCOME CUSTOMERS. THE TERM EXCLUDES THE LEVEL OF ANY SUCH FUNDS COMMITTED TO A SPECIFIC NONPROFIT ORGANIZATION OR ORGANIZATIONS PURSUANT TO A STIPULATION OR CONTRACT.
(16) "LOW-INCOME CUSTOMER ASSISTANCE PROGRAMS" MEANS THE PERCENTAGE OF INCOME PAYMENT PLAN PROGRAM AS PRESCRIBED IN RULES 4901:1-18-02(B) TO (G) AND 4901:1-18-04(B) OF THE OHIO ADMINISTRATIVE CODE IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION OR, IF MODIFIED PURSUANT TO AUTHORITY UNDER SECTION 4928.53 of the Revised Code, THE PROGRAM AS MODIFIED; THE HOME ENERGY ASSISTANCE PROGRAM AS PRESCRIBED IN SECTION 5117.21 of the Revised Code AND IN EXECUTIVE ORDER 97-1023-V OR, IF MODIFIED PURSUANT TO AUTHORITY UNDER SECTION 4928.53 of the Revised Code, THE PROGRAM AS MODIFIED; THE HOME WEATHERIZATION ASSISTANCE PROGRAM AS PRESCRIBED IN DIVISION (A)(6) OF SECTION 122.011 AND IN SECTION 122.02 of the Revised Code OR, IF MODIFIED PURSUANT TO AUTHORITY UNDER SECTION 4928.53 of the Revised Code, THE PROGRAM AS MODIFIED; THE OHIO ENERGY CREDIT PROGRAM AS PRESCRIBED IN SECTIONS 5117.01 TO 5117.05, 5117.07 TO 5117.12, AND 5117.99 OF THE REVISED CODE OR, IF MODIFIED PURSUANT TO AUTHORITY UNDER SECTION 4928.53 of the Revised Code, THE PROGRAM AS MODIFIED; AND THE TARGETED ENERGY EFFICIENCY AND WEATHERIZATION PROGRAM ESTABLISHED UNDER SECTION 4928.55 of the Revised Code.
(17) "MARKET DEVELOPMENT PERIOD" FOR AN ELECTRIC UTILITY MEANS THE PERIOD OF TIME BEGINNING ON THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE AND ENDING ON THE APPLICABLE DATE FOR THAT UTILITY AS SPECIFIED IN SECTION 4928.40 of the Revised Code, IRRESPECTIVE OF WHETHER THE UTILITY APPLIES TO RECEIVE TRANSITION REVENUES UNDER THIS CHAPTER.
(18) "MARKET POWER" MEANS THE ABILITY TO IMPOSE ON CUSTOMERS A SUSTAINED PRICE FOR A PRODUCT OR SERVICE ABOVE THE PRICE THAT WOULD PREVAIL IN A COMPETITIVE MARKET.
(19) "MERCANTILE COMMERCIAL CUSTOMER" MEANS A COMMERCIAL OR INDUSTRIAL CUSTOMER IF THE ELECTRICITY CONSUMED IS FOR NONRESIDENTIAL USE AND THE CUSTOMER CONSUMES MORE THAN SEVEN HUNDRED THOUSAND KILOWATT HOURS PER YEAR OR IS PART OF A NATIONAL ACCOUNT INVOLVING MULTIPLE FACILITIES IN ONE OR MORE STATES.
(20) "MUNICIPAL ELECTRIC UTILITY" MEANS A MUNICIPAL CORPORATION THAT OWNS OR OPERATES FACILITIES TO GENERATE, TRANSMIT, OR DISTRIBUTE ELECTRICITY.
(21) "NONCOMPETITIVE RETAIL ELECTRIC SERVICE" MEANS A COMPONENT OF RETAIL ELECTRIC SERVICE THAT IS NONCOMPETITIVE AS PROVIDED UNDER DIVISION (B) OF THIS SECTION.
(22) "NONFIRM ELECTRIC SERVICE" MEANS ELECTRIC SERVICE PROVIDED PURSUANT TO A SCHEDULE FILED UNDER SECTION 4905.30 OF THE REVISED CODE OR PURSUANT TO AN ARRANGEMENT UNDER SECTION 4905.31 OF THE REVISED CODE, WHICH SCHEDULE OR ARRANGEMENT INCLUDES CONDITIONS THAT MAY REQUIRE THE CUSTOMER TO CURTAIL OR INTERRUPT ELECTRIC USAGE DURING NONEMERGENCY CIRCUMSTANCES UPON NOTIFICATION BY AN ELECTRIC UTILITY.
(23) "PERCENTAGE OF INCOME PAYMENT PLAN ARREARS" MEANS FUNDS
ELIGIBLE FOR COLLECTION THROUGH THE PERCENTAGE OF INCOME PAYMENT PLAN RIDER,
BUT UNCOLLECTED AS OF
(24) "PERSON" HAS THE SAME MEANING AS IN SECTION 1.59 OF THE REVISED CODE.
(25) "PROJECT" MEANS ANY REAL OR PERSONAL PROPERTY CONNECTED WITH ALL OR PART OF AN INDUSTRIAL, DISTRIBUTION, COMMERCIAL, OR RESEARCH FACILITY, NOT-FOR-PROFIT FACILITY, OR RESIDENCE THAT IS TO BE ACQUIRED, CONSTRUCTED, RECONSTRUCTED, ENLARGED, IMPROVED, FURNISHED, OR EQUIPPED, OR ANY COMBINATION OF THOSE ACTIVITIES, WITH AID FURNISHED PURSUANT TO SECTIONS 4928.61 TO 4928.63 OF THE REVISED CODE FOR THE PURPOSES OF NOT-FOR-PROFIT, INDUSTRIAL, COMMERCIAL, DISTRIBUTION, RESIDENTIAL, AND RESEARCH DEVELOPMENT IN THIS STATE. "PROJECT" INCLUDES, BUT IS NOT LIMITED TO, ANY SMALL-SCALE RENEWABLES PROJECT.
(26) "REGULATORY ASSETS" MEANS THE UNAMORTIZED NET REGULATORY ASSETS THAT ARE CAPITALIZED OR DEFERRED ON THE REGULATORY BOOKS OF THE ELECTRIC UTILITY, PURSUANT TO AN ORDER OR PRACTICE OF THE PUBLIC UTILITIES COMMISSION OR PURSUANT TO GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS A RESULT OF A PRIOR COMMISSION RATE-MAKING DECISION, AND THAT WOULD OTHERWISE HAVE BEEN CHARGED TO EXPENSE AS INCURRED OR WOULD NOT HAVE BEEN CAPITALIZED OR OTHERWISE DEFERRED FOR FUTURE REGULATORY CONSIDERATION ABSENT COMMISSION ACTION. "REGULATORY ASSETS" INCLUDES, BUT IS NOT LIMITED TO, ALL DEFERRED DEMAND-SIDE MANAGEMENT COSTS; ALL DEFERRED PERCENTAGE OF INCOME PAYMENT PLAN ARREARS; POST-IN-SERVICE CAPITALIZED CHARGES AND ASSETS RECOGNIZED IN CONNECTION WITH STATEMENT OF FINANCIAL ACCOUNTING STANDARDS NO. 109 (RECEIVABLES FROM CUSTOMERS FOR INCOME TAXES); FUTURE NUCLEAR DECOMMISSIONING COSTS AND FUEL DISPOSAL COSTS AS THOSE COSTS HAVE BEEN DETERMINED BY THE COMMISSION IN THE ELECTRIC UTILITY'S MOST RECENT RATE OR ACCOUNTING APPLICATION PROCEEDING ADDRESSING SUCH COSTS; THE UNDERPRECIATED COSTS OF SAFETY AND RADIATION CONTROL EQUIPMENT ON NUCLEAR GENERATING PLANTS OWNED OR LEASED BY AN ELECTRIC UTILITY; AND FUEL COSTS CURRENTLY DEFERRED PURSUANT TO THE TERMS OF ONE OR MORE SETTLEMENT AGREEMENTS APPROVED BY THE COMMISSION.
(27) "RETAIL ELECTRIC SERVICE" MEANS ANY SERVICE INVOLVED IN SUPPLYING OR ARRANGING FOR THE SUPPLY OF ELECTRICITY TO ULTIMATE CONSUMERS IN THIS STATE, FROM THE POINT OF GENERATION TO THE POINT OF CONSUMPTION. FOR THE PURPOSES OF THIS CHAPTER, RETAIL ELECTRIC SERVICE INCLUDES ONE OR MORE OF THE FOLLOWING "SERVICE COMPONENTS": GENERATION SERVICE, AGGREGATION SERVICE, POWER MARKETING SERVICE, POWER BROKERAGE SERVICE, TRANSMISSION SERVICE, DISTRIBUTION SERVICE, ANCILLARY SERVICE, METERING SERVICE, AND BILLING AND COLLECTION SERVICE.
(28) "SMALL ELECTRIC GENERATION FACILITY" MEANS AN ELECTRIC GENERATION PLANT AND ASSOCIATED FACILITIES DESIGNED FOR, OR CAPABLE OF, OPERATION AT A CAPACITY OF LESS THAN TWO MEGAWATTS.
(29) "STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE" MEANS
(30) "CUSTOMER-GENERATOR" MEANS A USER OF A NET METERING SYSTEM.
(31) "NET METERING" MEANS MEASURING THE DIFFERENCE IN AN APPLICABLE BILLING PERIOD BETWEEN THE ELECTRICITY SUPPLIED BY AN ELECTRIC SERVICE PROVIDER AND THE ELECTRICITY GENERATED BY A CUSTOMER-GENERATOR WHICH IS FED BACK TO THE ELECTRIC SERVICE PROVIDER.
(32) "NET METERING SYSTEM" MEANS A FACILITY FOR THE PRODUCTION OF ELECTRICAL ENERGY THAT DOES ALL OF THE FOLLOWING:
(a) USES AS ITS FUEL EITHER SOLAR, WIND, BIOMASS, LANDFILL GAS, OR HYDROPOWER, OR USES A MICROTURBINE OR A FUEL CELL;
(b) IS LOCATED ON A CUSTOMER-GENERATOR'S PREMISES;
(c) OPERATES IN PARALLEL WITH THE ELECTRIC UTILITY'S TRANSMISSION AND DISTRIBUTION FACILITIES;
(d) IS INTENDED PRIMARILY TO OFFSET PART OR ALL OF THE CUSTOMER-GENERATOR'S REQUIREMENTS FOR ELECTRICITY.
(33) "SELF-GENERATOR" MEANS AN ENTITY IN THIS STATE THAT OWNS AN ELECTRIC GENERATION FACILITY THAT PRODUCES ELECTRICITY PRIMARILY FOR THE OWNER'S CONSUMPTION AND THAT MAY PROVIDE ANY SUCH EXCESS ELECTRICITY TO RETAIL ELECTRIC SERVICE PROVIDERS, WHETHER THE FACILITY IS INSTALLED OR OPERATED BY THE OWNER OR BY AN AGENT UNDER A CONTRACT.
(B) FOR THE PURPOSES OF THIS CHAPTER, A RETAIL ELECTRIC SERVICE COMPONENT SHALL BE DEEMED A COMPETITIVE RETAIL ELECTRIC SERVICE IF THE SERVICE COMPONENT IS COMPETITIVE PURSUANT TO A DECLARATION BY A PROVISION of the Revised Code OR PURSUANT TO AN ORDER OF THE PUBLIC UTILITIES COMMISSION AUTHORIZED UNDER DIVISION (A) OF SECTION 4928.04 OF THE REVISED CODE. OTHERWISE, THE SERVICE COMPONENT SHALL BE DEEMED A NONCOMPETITIVE RETAIL ELECTRIC SERVICE.
(C) PRIOR TO JANUARY 1, 2001, AND AFTER APPLICATION BY AN ELECTRIC UTILITY, NOTICE, AND AN OPPORTUNITY TO BE HEARD, THE PUBLIC UTILITIES COMMISSION MAY ISSUE AN ORDER DELAYING THE JANUARY 1, 2001, STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE FOR THE ELECTRIC UTILITY FOR A SPECIFIED NUMBER OF DAYS NOT TO EXCEED SIX MONTHS, BUT ONLY FOR EXTREME TECHNICAL CONDITIONS PRECLUDING THE START OF COMPETITIVE RETAIL ELECTRIC SERVICE ON JANUARY 1, 2001.
Sec. 4928.02. IT IS THE POLICY OF THIS STATE TO DO THE FOLLOWING THROUGHOUT THIS STATE BEGINNING ON THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE:
(A) ENSURE THE AVAILABILITY TO CONSUMERS OF ADEQUATE, RELIABLE, SAFE, EFFICIENT, NONDISCRIMINATORY, AND REASONABLY PRICED RETAIL ELECTRIC SERVICE;
(B) ENSURE THE AVAILABILITY OF UNBUNDLED AND COMPARABLE RETAIL ELECTRIC SERVICE THAT PROVIDES CONSUMERS WITH THE SUPPLIER, PRICE, TERMS, CONDITIONS, AND QUALITY OPTIONS THEY ELECT TO MEET THEIR RESPECTIVE NEEDS;
(C) ENSURE DIVERSITY OF ELECTRICITY SUPPLIES AND SUPPLIERS, BY GIVING CONSUMERS EFFECTIVE CHOICES OVER THE SELECTION OF THOSE SUPPLIES AND SUPPLIERS AND BY ENCOURAGING THE DEVELOPMENT OF DISTRIBUTED AND SMALL GENERATION FACILITIES;
(D) ENCOURAGE INNOVATION AND MARKET ACCESS FOR COST-EFFECTIVE SUPPLY- AND DEMAND-SIDE RETAIL ELECTRIC SERVICE;
(E) ENCOURAGE COST-EFFECTIVE AND EFFICIENT ACCESS TO INFORMATION REGARDING THE OPERATION OF THE TRANSMISSION AND DISTRIBUTION SYSTEMS OF ELECTRIC UTILITIES IN ORDER TO PROMOTE EFFECTIVE CUSTOMER CHOICE OF RETAIL ELECTRIC SERVICE;
(F) RECOGNIZE THE CONTINUING EMERGENCE OF COMPETITIVE ELECTRICITY MARKETS THROUGH THE DEVELOPMENT AND IMPLEMENTATION OF FLEXIBLE REGULATORY TREATMENT;
(G) ENSURE EFFECTIVE COMPETITION IN THE PROVISION OF RETAIL ELECTRIC SERVICE BY AVOIDING ANTICOMPETITIVE SUBSIDIES FLOWING FROM A NONCOMPETITIVE RETAIL ELECTRIC SERVICE TO A COMPETITIVE RETAIL ELECTRIC SERVICE OR TO A PRODUCT OR SERVICE OTHER THAN RETAIL ELECTRIC SERVICE, AND VICE VERSA;
(H) ENSURE RETAIL ELECTRIC SERVICE CONSUMERS PROTECTION AGAINST UNREASONABLE SALES PRACTICES, MARKET DEFICIENCIES, AND MARKET POWER;
(I) FACILITATE THE STATE'S EFFECTIVENESS IN THE GLOBAL ECONOMY.
Sec. 4928.03. BEGINNING ON THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, RETAIL ELECTRIC GENERATION, AGGREGATION, POWER MARKETING, AND POWER BROKERAGE SERVICES SUPPLIED TO CONSUMERS WITHIN THE CERTIFIED TERRITORY OF AN ELECTRIC UTILITY ARE COMPETITIVE RETAIL ELECTRIC SERVICES THAT THE CONSUMERS MAY OBTAIN SUBJECT TO THIS CHAPTER FROM ANY SUPPLIER OR SUPPLIERS. IN ACCORDANCE WITH A FILING UNDER DIVISION (F) OF SECTION 4933.81 of the Revised Code, RETAIL ELECTRIC GENERATION, AGGREGATION, POWER MARKETING, OR POWER BROKERAGE SERVICES SUPPLIED TO CONSUMERS WITHIN THE CERTIFIED TERRITORY OF AN ELECTRIC COOPERATIVE THAT HAS MADE THE FILING ARE COMPETITIVE RETAIL ELECTRIC SERVICES THAT THE CONSUMERS MAY OBTAIN SUBJECT TO THIS CHAPTER FROM ANY SUPPLIER OR SUPPLIERS.
BEGINNING ON THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH CONSUMER IN THIS STATE AND THE SUPPLIERS TO A CONSUMER SHALL HAVE COMPARABLE AND NONDISCRIMINATORY ACCESS TO NONCOMPETITIVE RETAIL ELECTRIC SERVICES OF AN ELECTRIC UTILITY IN THIS STATE WITHIN ITS CERTIFIED TERRITORY FOR THE PURPOSE OF SATISFYING THE CONSUMER'S ELECTRICITY REQUIREMENTS IN KEEPING WITH THE POLICY SPECIFIED IN SECTION 4928.02 OF THE REVISED CODE.
Sec. 4928.04. (A) THE PUBLIC UTILITIES COMMISSION BY ORDER MAY DECLARE THAT RETAIL ANCILLARY, METERING, OR BILLING AND COLLECTION SERVICE SUPPLIED TO CONSUMERS WITHIN THE CERTIFIED TERRITORY OF AN ELECTRIC UTILITY ON OR AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE IS A COMPETITIVE RETAIL ELECTRIC SERVICE THAT THE CONSUMERS MAY OBTAIN FROM ANY SUPPLIER OR SUPPLIERS SUBJECT TO THIS CHAPTER. THE COMMISSION MAY ISSUE SUCH ORDER, AFTER INVESTIGATION AND PUBLIC HEARING, ONLY IF IT FIRST DETERMINES EITHER OF THE FOLLOWING:
(1) THERE WILL BE EFFECTIVE COMPETITION WITH RESPECT TO THE SERVICE.
(2) THE CUSTOMERS OF THE SERVICE HAVE REASONABLY AVAILABLE ALTERNATIVES.
THE COMMISSION SHALL INITIATE A PROCEEDING ON OR BEFORE
(B) IN CARRYING OUT DIVISION (A) OF THIS SECTION, THE COMMISSION MAY PRESCRIBE DIFFERENT CLASSIFICATIONS, PROCEDURES, TERMS, OR CONDITIONS FOR DIFFERENT ELECTRIC UTILITIES AND FOR THE RETAIL ELECTRIC SERVICES THEY PROVIDE THAT ARE DECLARED COMPETITIVE PURSUANT TO THAT DIVISION, PROVIDED THE CLASSIFICATIONS, PROCEDURES, TERMS, OR CONDITIONS ARE REASONABLE AND DO NOT CONFER ANY UNDUE ECONOMIC, COMPETITIVE, OR MARKET ADVANTAGE OR PREFERENCE UPON ANY ELECTRIC UTILITY.
Sec. 4928.05. (A)(1) ON AND AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, A COMPETITIVE RETAIL ELECTRIC SERVICE SUPPLIED BY AN ELECTRIC UTILITY OR ELECTRIC SERVICES COMPANY SHALL NOT BE SUBJECT TO SUPERVISION AND REGULATION BY A MUNICIPAL CORPORATION UNDER CHAPTER 743. of the Revised Code OR BY THE PUBLIC UTILITIES COMMISSION UNDER CHAPTERS 4901. TO 4909., 4933., 4935., AND 4963. OF THE REVISED CODE, EXCEPT SECTION 4905.10, DIVISION (B) OF 4905.33, AND SECTIONS 4905.35 AND 4933.81 TO 4933.90; EXCEPT SECTIONS 4905.06, 4935.03, 4963.40, AND 4963.41 OF THE REVISED CODE ONLY TO THE EXTENT RELATED TO SERVICE RELIABILITY AND PUBLIC SAFETY; AND EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER. THE COMMISSION'S AUTHORITY TO ENFORCE THOSE EXCEPTED PROVISIONS WITH RESPECT TO A COMPETITIVE RETAIL ELECTRIC SERVICE SHALL BE SUCH AUTHORITY AS IS PROVIDED FOR THEIR ENFORCEMENT UNDER CHAPTERS 4901. TO 4909., 4933., 4935., AND 4963. of the Revised Code AND THIS CHAPTER.
ON AND AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, A COMPETITIVE RETAIL ELECTRIC SERVICE SUPPLIED BY AN ELECTRIC COOPERATIVE SHALL NOT BE SUBJECT TO SUPERVISION AND REGULATION BY THE COMMISSION UNDER CHAPTERS 4901. TO 4909., 4933., 4935., AND 4963. OF THE REVISED CODE, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN SECTIONS 4928.01 TO 4928.10 AND 4928.16 of the Revised Code.
(2) ON AND AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, A NONCOMPETITIVE RETAIL ELECTRIC SERVICE SUPPLIED BY AN ELECTRIC UTILITY SHALL BE SUBJECT TO SUPERVISION AND REGULATION BY THE COMMISSION UNDER CHAPTERS 4901. TO 4909., 4933., 4935., AND 4963. OF THE REVISED CODE AND THIS CHAPTER, TO THE EXTENT THAT AUTHORITY IS NOT PREEMPTED BY FEDERAL LAW. THE COMMISSION'S AUTHORITY TO ENFORCE THOSE PROVISIONS WITH RESPECT TO A NONCOMPETITIVE RETAIL ELECTRIC SERVICE SHALL BE THE AUTHORITY PROVIDED UNDER THOSE CHAPTERS AND THIS CHAPTER, TO THE EXTENT THE AUTHORITY IS NOT PREEMPTED BY FEDERAL LAW.
THE COMMISSION SHALL EXERCISE ITS JURISDICTION WITH RESPECT TO THE DELIVERY OF ELECTRICITY BY AN ELECTRIC UTILITY IN THIS STATE ON OR AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE SO AS TO ENSURE THAT NO ASPECT OF THE DELIVERY OF ELECTRICITY BY THE UTILITY TO CONSUMERS IN THIS STATE THAT CONSISTS OF A NONCOMPETITIVE RETAIL ELECTRIC SERVICE IS UNREGULATED.
ON AND AFTER THAT STARTING DATE, A NONCOMPETITIVE RETAIL ELECTRIC SERVICE SUPPLIED BY AN ELECTRIC COOPERATIVE SHALL NOT BE SUBJECT TO SUPERVISION AND REGULATION BY THE COMMISSION UNDER CHAPTERS 4901. TO 4909., 4933., 4935., AND 4963. of the Revised Code, EXCEPT SECTIONS 4933.81 TO 4933.90 AND 4935.03 of the Revised Code. THE COMMISSION'S AUTHORITY TO ENFORCE THOSE EXCEPTED SECTIONS WITH RESPECT TO A NONCOMPETITIVE RETAIL ELECTRIC SERVICE OF AN ELECTRIC COOPERATIVE SHALL BE SUCH AUTHORITY AS IS PROVIDED FOR THEIR ENFORCEMENT UNDER CHAPTERS 4933. AND 4935. of the Revised Code.
(B) NOTHING IN THIS CHAPTER AFFECTS THE AUTHORITY OF THE COMMISSION UNDER TITLE XLIX of the Revised Code TO REGULATE AN ELECTRIC LIGHT COMPANY IN THIS STATE OR AN ELECTRIC SERVICE SUPPLIED IN THIS STATE PRIOR TO THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE.
Sec. 4928.06. (A) BEGINNING ON THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, THE PUBLIC UTILITIES COMMISSION SHALL ENSURE THAT THE POLICY SPECIFIED IN SECTION 4928.02 OF THE REVISED CODE IS EFFECTUATED. TO THE EXTENT NECESSARY, THE COMMISSION SHALL ADOPT RULES TO CARRY OUT THIS CHAPTER. INITIAL RULES NECESSARY FOR THE COMMENCEMENT OF THE COMPETITIVE RETAIL ELECTRIC SERVICE UNDER THIS CHAPTER SHALL BE ADOPTED WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, THE PROCEEDINGS AND ORDERS OF THE COMMISSION UNDER THE CHAPTER SHALL BE SUBJECT TO AND GOVERNED BY CHAPTER 4903. OF THE REVISED CODE.
(B) IF THE COMMISSION DETERMINES, ON OR AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, THAT THERE IS A DECLINE OR LOSS OF EFFECTIVE COMPETITION WITH RESPECT TO A COMPETITIVE RETAIL ELECTRIC SERVICE OF AN ELECTRIC UTILITY, WHICH SERVICE WAS DECLARED COMPETITIVE BY COMMISSION ORDER ISSUED PURSUANT TO DIVISION (A) OF SECTION 4928.04 of the Revised Code, THE COMMISSION SHALL ENSURE THAT THAT SERVICE IS PROVIDED AT COMPENSATORY, FAIR, AND NONDISCRIMINATORY PRICES AND TERMS AND CONDITIONS.
(C) IN ADDITION TO ITS AUTHORITY UNDER SECTION 4928.04 of the Revised Code AND DIVISIONS (A) AND (B) OF THIS SECTION, THE COMMISSION, ON AN ONGOING BASIS, SHALL MONITOR AND EVALUATE THE PROVISION OF RETAIL ELECTRIC SERVICE IN THIS STATE FOR THE PURPOSE OF DISCERNING ANY NONCOMPETITIVE RETAIL ELECTRIC SERVICE THAT SHOULD BE AVAILABLE ON A COMPETITIVE BASIS ON OR AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE PURSUANT TO A DECLARATION IN THE REVISED CODE, AND FOR THE PURPOSE OF DISCERNING ANY COMPETITIVE RETAIL ELECTRIC SERVICE THAT IS NO LONGER SUBJECT TO EFFECTIVE COMPETITION ON OR AFTER THAT DATE. UPON SUCH EVALUATION, THE COMMISSION PERIODICALLY SHALL REPORT ITS FINDINGS AND ANY RECOMMENDATIONS FOR LEGISLATION TO THE STANDING COMMITTEES OF BOTH HOUSES OF THE GENERAL ASSEMBLY THAT HAVE PRIMARY JURISDICTION REGARDING PUBLIC UTILITY LEGISLATION. UNTIL 2008, THE COMMISSION AND THE CONSUMER'S COUNSEL ALSO SHALL PROVIDE BIENNIAL REPORTS TO THOSE STANDING COMMITTEES, REGARDING THE EFFECTIVENESS OF COMPETITION IN THE SUPPLY OF COMPETITIVE RETAIL ELECTRIC SERVICES IN THIS STATE. IN ADDITION, UNTIL THE END OF ALL MARKET DEVELOPMENT PERIODS AS DETERMINED BY THE COMMISSION UNDER SECTION 4928.40 of the Revised Code, THOSE STANDING COMMITTEES SHALL MEET AT LEAST BIENNIALLY TO CONSIDER THE EFFECT ON THIS STATE OF ELECTRIC SERVICE RESTRUCTURING AND TO RECEIVE REPORTS FROM THE COMMISSION, CONSUMERS' COUNSEL, AND DIRECTOR OF DEVELOPMENT.
(D) IN DETERMINING, FOR PURPOSES OF DIVISION (B) OR (C) OF THIS SECTION, WHETHER THERE IS EFFECTIVE COMPETITION IN THE PROVISION OF A RETAIL ELECTRIC SERVICE OR REASONABLY AVAILABLE ALTERNATIVES FOR THAT SERVICE, THE COMMISSION SHALL CONSIDER FACTORS INCLUDING, BUT NOT LIMITED TO, ALL OF THE FOLLOWING:
(1) THE NUMBER AND SIZE OF ALTERNATIVE PROVIDERS OF THAT SERVICE;
(2) THE EXTENT TO WHICH THE SERVICE IS AVAILABLE FROM ALTERNATIVE SUPPLIERS IN THE RELEVANT MARKET;
(3) THE ABILITY OF ALTERNATIVE SUPPLIERS TO MAKE FUNCTIONALLY EQUIVALENT OR SUBSTITUTE SERVICES READILY AVAILABLE AT COMPETITIVE PRICES, TERMS, AND CONDITIONS;
(4) OTHER INDICATORS OF MARKET POWER, WHICH MAY INCLUDE MARKET SHARE, GROWTH IN MARKET SHARE, EASE OF ENTRY, AND THE AFFILIATION OF SUPPLIERS OF SERVICES.
THE BURDEN OF PROOF SHALL BE ON ANY ENTITY REQUESTING, UNDER DIVISION (B) OR (C) OF THIS SECTION, A DETERMINATION BY THE COMMISSION OF THE EXISTENCE OF OR A LACK OF EFFECTIVE COMPETITION OR REASONABLY AVAILABLE ALTERNATIVES.
(E)(1) BEGINNING ON THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, THE COMMISSION HAS AUTHORITY UNDER CHAPTERS 4901. TO 4909. OF THE REVISED CODE, AND SHALL EXERCISE THAT AUTHORITY, TO RESOLVE ABUSES OF MARKET POWER BY ANY ELECTRIC UTILITY THAT INTERFERE WITH EFFECTIVE COMPETITION IN THE PROVISION OF RETAIL ELECTRIC SERVICE.
(2) IN ADDITION TO THE COMMISSION'S AUTHORITY UNDER DIVISION (E)(1) OF THIS SECTION, THE COMMISSION, BEGINNING THE FIRST
YEAR AFTER THE MARKET DEVELOPMENT PERIOD OF A PARTICULAR ELECTRIC UTILITY AND
AFTER REASONABLE NOTICE AND OPPORTUNITY FOR HEARING, MAY TAKE SUCH MEASURES
WITHIN A TRANSMISSION CONSTRAINED AREA IN THEUTILITY'S CERTIFIED TERRITORY AS
ARE NECESSARY TO ENSURE THAT RETAIL ELECTRIC GENERATION SERVICE IS PROVIDED AT
REASONABLE RATES WITHIN THAT AREA. THE COMMISSION MAY EXERCISE THIS AUTHORITY
ONLY UPON FINDINGS THAT AN ELECTRIC UTILITY IS OR HAS ENGAGED IN THE ABUSE OF
MARKET POWER AND THAT THAT ABUSE IS NOT ADEQUATELY
MITIGATED BY RULES AND PRACTICES OF ANY INDEPENDENT TRANSMISSION ENTITY
CONTROLLING THE TRANSMISSION FACILITIES. ANY SUCH MEASURE SHALL BE TAKEN ONLY
TO THE EXTENT NECESSARY TO PROTECT CUSTOMERS IN THE AREA FROM THE PARTICULAR
ABUSE OF MARKET POWER AND TO THE EXTENT THE COMMISSION'S AUTHORITY IS NOT
PREEMPTED BY FEDERAL LAW. THE MEASURE SHALL REMAIN IN EFFECT UNTIL THE
COMMISSION, AFTER REASONABLENOTICE AND
(F) AN ELECTRIC UTILITY, ELECTRIC SERVICES COMPANY, ELECTRIC COOPERATIVE, OR GOVERNMENTAL AGGREGATOR SUBJECT TO CERTIFICATION UNDER SECTION 4928.08 OF THE REVISED CODE SHALL PROVIDE THE COMMISSION WITH SUCH INFORMATION, REGARDING A COMPETITIVE RETAIL ELECTRIC SERVICE FOR WHICH IT IS SUBJECT TO CERTIFICATION, AS THE COMMISSION CONSIDERS NECESSARY TO CARRY OUT THIS CHAPTER. AN ELECTRIC UTILITY SHALL PROVIDE THE COMMISSION WITH SUCH INFORMATION AS THE COMMISSION CONSIDERS NECESSARY TO CARRY OUT DIVISIONS (B) TO (E) OF THIS SECTION. THE COMMISSION SHALL TAKE SUCH MEASURES AS IT CONSIDERS NECESSARY TO PROTECT THE CONFIDENTIALITY OF ANY SUCH INFORMATION.
THE COMMISSION SHALL REQUIRE EACH ELECTRIC UTILITY TO FILE WITH THE COMMISSION ON AND AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE AN ANNUAL REPORT OF ITS INTRASTATE GROSS RECEIPTS AND SALES OF KILOWATT HOURS OF ELECTRICITY, AND SHALL REQUIRE EACH ELECTRIC SERVICES COMPANY, ELECTRIC COOPERATIVE, AND GOVERNMENTAL AGGREGATOR SUBJECT TO CERTIFICATION TO FILE AN ANNUAL REPORT ON AND AFTER THAT STARTING DATE OF SUCH RECEIPTS AND SALES FROM THE PROVISION OF THOSE RETAIL ELECTRIC SERVICES FOR WHICH IT IS SUBJECT TO CERTIFICATION. FOR THE PURPOSE OF THE REPORTS, SALES OF KILOWATT HOURS OF ELECTRICITY ARE DEEMED TO OCCUR AT THE METER OF THE RETAIL CUSTOMER.
Sec. 4928.07. TO THE MAXIMUM EXTENT PRACTICABLE ON OR AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, AN ELECTRIC UTILITY, ELECTRIC SERVICES COMPANY, ELECTRIC COOPERATIVE, OR GOVERNMENTAL AGGREGATOR SUBJECT TO CERTIFICATION UNDER SECTION 4928.08 of the Revised Code SHALL SEPARATELY PRICE COMPETITIVE RETAIL ELECTRIC SERVICES, AND THE PRICES SHALL BE ITEMIZED ON THE BILL OF A CUSTOMER OR OTHERWISE DISCLOSED TO THE CUSTOMER. ALTHOUGH A COMPETITIVE RETAIL ELECTRIC SERVICE SHALL BE SUPPLIED TO ANY CONSUMER ON SUCH A BASIS, SUCH AN ELECTRIC UTILITY, ELECTRIC SERVICES COMPANY, ELECTRIC COOPERATIVE, OR GOVERNMENTAL AGGREGATOR MAY REPACKAGE THE SERVICE ON OR AFTER THE STARTING DATE AND OFFER IT ON A BUNDLED BASIS WITH OTHER RETAIL ELECTRIC SERVICES TO MEET CONSUMER PREFERENCES. SUCH REPACKAGING BY AN ELECTRIC UTILITY SHALL BE SUBJECT TO SECTIONS 4905.33 TO 4905.35 OF THE REVISED CODE. REPACKAGING BY SUCH AN ELECTRIC SERVICES COMPANY, ELECTRIC COOPERATIVE, OR GOVERNMENTAL AGGREGATOR SHALL BE SUBJECT TO THE LIMITATION THAT NO SUCH ENTITY, AS TO A COMPETITIVE RETAIL ELECTRIC SERVICE FOR WHICH THE COMPANY, COOPERATIVE, OR AGGREGATOR IS SUBJECT TO CERTIFICATION, SHALL FURNISH FREE SERVICE OR SERVICE FOR LESS THAN ACTUAL COST FOR THE PURPOSE OF DESTROYING COMPETITION.
Sec. 4928.08. (A) THIS SECTION APPLIES TO AN ELECTRIC COOPERATIVE, OR TO A GOVERNMENTAL AGGREGATOR THAT IS A MUNICIPAL ELECTRIC UTILITY, ONLY TO THE EXTENT OF A COMPETITIVE RETAIL ELECTRIC SERVICE IT PROVIDES TO A CUSTOMER TO WHOM IT DOES NOT PROVIDE A NONCOMPETITIVE RETAIL ELECTRIC SERVICE THROUGH TRANSMISSION OR DISTRIBUTION FACILITIES IT SINGLY OR JOINTLY OWNS OR OPERATES.
(B) NO ELECTRIC UTILITY, ELECTRIC SERVICES COMPANY, ELECTRIC COOPERATIVE, OR GOVERNMENTAL AGGREGATOR SHALL PROVIDE A COMPETITIVE RETAIL ELECTRIC SERVICE TO A CONSUMER IN THIS STATE ON AND AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE WITHOUT FIRST BEING CERTIFIED BY THE PUBLIC UTILITIES COMMISSION REGARDING ITS MANAGERIAL, TECHNICAL, AND FINANCIAL CAPABILITY TO PROVIDE THAT SERVICE AND PROVIDING A FINANCIAL GUARANTEE SUFFICIENT TO PROTECT CUSTOMERS AND ELECTRIC DISTRIBUTION UTILITIES FROM DEFAULT. CERTIFICATION SHALL BE GRANTED PURSUANT TO PROCEDURES AND STANDARDS THE COMMISSION SHALL PRESCRIBE IN ACCORDANCE WITH DIVISION (C) OF THIS SECTION, EXCEPT THAT CERTIFICATION OR CERTIFICATION RENEWAL SHALL BE DEEMED APPROVED THIRTY DAYS AFTER THE FILING OF AN APPLICATION WITH THE COMMISSION UNLESS THE COMMISSION SUSPENDS THAT APPROVAL FOR GOOD CAUSE SHOWN. IN THE CASE OF SUCH A SUSPENSION, THE COMMISSION SHALL ACT TO APPROVE OR DENY CERTIFICATION OR CERTIFICATION RENEWAL TO THE APPLICANT NOT LATER THAN NINETY DAYS AFTER THE DATE OF THE SUSPENSION.
(C) CAPABILITY STANDARDS ADOPTED IN RULES UNDER DIVISION (B) OF THIS SECTION SHALL BE SUFFICIENT TO ENSURE COMPLIANCE WITH THE MINIMUM SERVICE REQUIREMENTS ESTABLISHED UNDER SECTION 4928.10 OF THE REVISED CODE AND WITH SECTION 4928.09 OF THE REVISED CODE. THE STANDARDS SHALL ALLOW FLEXIBILITY FOR VOLUNTARY AGGREGATION, TO ENCOURAGE MARKET CREATIVITY IN RESPONDING TO CONSUMER NEEDS AND DEMANDS, AND SHALL ALLOW FLEXIBILITY FOR ELECTRIC SERVICES COMPANIES THAT EXCLUSIVELY PROVIDE INSTALLATION OF SMALL ELECTRIC GENERATION FACILITIES, TO PROVIDE EASE OF MARKET ACCESS. THE RULES SHALL INCLUDE PROCEDURES FOR BIENNIALLY RENEWING CERTIFICATION.
(D) THE COMMISSION MAY SUSPEND, RESCIND, OR CONDITIONALLY RESCIND THE CERTIFICATION OF ANY ELECTRIC UTILITY, ELECTRIC SERVICES COMPANY, ELECTRIC COOPERATIVE, OR GOVERNMENTAL AGGREGATOR ISSUED UNDER THIS SECTION IF THE COMMISSION DETERMINES, AFTER REASONABLE NOTICE AND OPPORTUNITY FOR HEARING, THAT THE UTILITY, COMPANY, COOPERATIVE, OR AGGREGATOR HAS FAILED TO COMPLY WITH ANY APPLICABLE CERTIFICATION STANDARDS OR HAS ENGAGED IN ANTICOMPETITIVE OR UNFAIR, DECEPTIVE, OR UNCONSCIONABLE ACTS OR PRACTICES IN THIS STATE.
(E) NO ELECTRIC DISTRIBUTION UTILITY ON AND AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE SHALL KNOWINGLY DISTRIBUTE ELECTRICITY, TO A RETAIL CONSUMER IN THIS STATE, FOR ANY SUPPLIER OF ELECTRICITY THAT HAS NOT BEEN CERTIFIED BY THE COMMISSION PURSUANT TO THIS SECTION.
Sec. 4928.09. (A)(1) NO PERSON SHALL OPERATE IN THIS STATE AS AN ELECTRIC UTILITY, AN ELECTRIC SERVICES COMPANY, OR A BILLING AND COLLECTION AGENT ON AND AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE UNLESS THAT PERSON FIRST DOES BOTH OF THE FOLLOWING:
(a) CONSENTS IRREVOCABLY TO THE JURISDICTION OF THE COURTS OF THIS STATE AND SERVICE OF PROCESS IN THIS STATE, INCLUDING, WITHOUT LIMITATION, SERVICE OF SUMMONSES AND SUBPOENAS, FOR ANY CIVIL OR CRIMINAL PROCEEDING ARISING OUT OF OR RELATING TO SUCH OPERATION, BY PROVIDING THAT IRREVOCABLE CONSENT IN ACCORDANCE WITH DIVISION (A)(4) OF THIS SECTION;
(b) DESIGNATES AN AGENT AUTHORIZED TO RECEIVE THAT SERVICE OF PROCESS IN THIS STATE, BY FILING WITH THE COMMISSION A DOCUMENT DESIGNATING THAT AGENT.
(2) NO PERSON SHALL CONTINUE TO OPERATE AS SUCH AN ELECTRIC UTILITY, ELECTRIC SERVICES COMPANY, OR BILLING AND COLLECTION AGENT UNLESS THAT PERSON CONTINUES TO CONSENT TO SUCH JURISDICTION AND SERVICE OF PROCESS IN THIS STATE AND CONTINUES TO DESIGNATE AN AGENT AS PROVIDED UNDER THIS DIVISION, BY REFILING IN ACCORDANCE WITH DIVISION (A)(4) OF THIS SECTION THE APPROPRIATE DOCUMENTS FILED UNDER DIVISION (A)(1) OF THIS SECTION OR, AS APPLICABLE, THE APPROPRIATE AMENDED DOCUMENTS FILED UNDER DIVISION (A)(3) OF THIS SECTION. SUCH REFILING SHALL OCCUR DURING THE MONTH OF DECEMBER OF EVERY FOURTH YEAR AFTER THE INITIAL FILING OF A DOCUMENT UNDER DIVISION (A)(1) OF THIS SECTION.
(3) IF THE ADDRESS OF THE PERSON FILING A DOCUMENT UNDER DIVISION (A)(1) OR (2) OF THIS SECTION CHANGES, OR IF A PERSON'S AGENT OR THE ADDRESS OF THE AGENT CHANGES, FROM THAT LISTED ON THE MOST RECENTLY FILED OF SUCH DOCUMENTS, THE PERSON SHALL FILE AN AMENDED DOCUMENT CONTAINING THE NEW INFORMATION.
(4) THE CONSENT AND DESIGNATION REQUIRED BY DIVISIONS (A)(1) TO (3) OF THIS SECTION SHALL BE IN WRITING, ON FORMS PRESCRIBED BY THE PUBLIC UTILITIES COMMISSION. THE ORIGINAL OF EACH SUCH DOCUMENT OR AMENDED DOCUMENT SHALL BE LEGIBLE AND SHALL BE FILED WITH THE COMMISSION, WITH A COPY FILED WITH THE OFFICE OF THE CONSUMERS' COUNSEL AND WITH THE ATTORNEY GENERAL'S OFFICE.
(B) A PERSON WHO ENTERS THIS STATE PURSUANT TO A SUMMONS, SUBPOENA, OR OTHER FORM OF PROCESS AUTHORIZED BY THIS SECTION IS NOT SUBJECT TO ARREST OR SERVICE OF PROCESS, WHETHER CIVIL OR CRIMINAL, IN CONNECTION WITH OTHER MATTERS THAT AROSE BEFORE THE PERSON'S ENTRANCE INTO THIS STATE PURSUANT TO SUCH SUMMONS, SUBPOENA, OR OTHER FORM OF PROCESS.
(C) DIVISIONS (A) AND (B) OF THIS SECTION DO NOT APPLY TO ANY OF THE FOLLOWING:
(1) A CORPORATION INCORPORATED UNDER THE LAWS OF THIS STATE THAT HAS APPOINTED A STATUTORY AGENT PURSUANT TO SECTION 1701.07 OR 1702.06 OF THE REVISED CODE;
(2) A FOREIGN CORPORATION LICENSED TO TRANSACT BUSINESS IN THIS STATE THAT HAS APPOINTED A DESIGNATED AGENT PURSUANT TO SECTION 1703.041 OF THE REVISED CODE;
(3) ANY OTHER PERSON THAT IS A RESIDENT OF THIS STATE OR THAT FILES CONSENT TO SERVICE OF PROCESS AND DESIGNATES A STATUTORY AGENT PURSUANT TO OTHER LAWS OF THIS STATE.
Sec. 4928.10. FOR THE PROTECTION OF CONSUMERS IN
THIS STATE, THE PUBLIC UTILITIES COMMISSION SHALL ADOPT RULES UNDER DIVISION (A)
OF SECTION 4928.06 of the Revised Code SPECIFYING THE NECESSARY
MINIMUM SERVICE REQUIREMENTS, ON OR AFTER THE STARTING DATE OF COMPETITIVE
RETAIL ELECTRIC SERVICE, OF AN ELECTRIC UTILITY, ELECTRIC SERVICES COMPANY,
ELECTRIC COOPERATIVE, OR GOVERNMENTAL AGGREGATOR SUBJECT TO CERTIFICATION UNDER
SECTION 4928.08 of the Revised Code REGARDING THE PROVISION
DIRECTLY OR THROUGH ITS BILLING AND COLLECTION AGENT OF COMPETITIVE RETAIL
ELECTRIC SERVICES FOR WHICH IT IS SUBJECT TO CERTIFICATION. RULES ADOPTED UNDER
THIS SECTION SHALL INCLUDE A PROHIBITION AGAINST UNFAIR, DECEPTIVE, AND
UNCONSCIONABLE ACTS AND PRACTICES IN THE MARKETING, SOLICITATION, AND
(A) CONTRACT DISCLOSURE. THE RULES SHALL INCLUDE REQUIREMENTS THAT AN ELECTRIC UTILITY, ELECTRIC SERVICES COMPANY, ELECTRIC COOPERATIVE, OR GOVERNMENTAL AGGREGATOR SUBJECT TO CERTIFICATION UNDER SECTION 4928.08 of the Revised Code DO BOTH OF THE FOLLOWING:
(1) PROVIDE CONSUMERS WITH ADEQUATE, ACCURATE, AND UNDERSTANDABLE PRICING AND TERMS AND CONDITIONS OF SERVICE, INCLUDING ANY SWITCHING FEES, AND WITH A DOCUMENT CONTAINING THE TERMS AND CONDITIONS OF PRICING AND SERVICE BEFORE THE CONSUMER ENTERS INTO THE CONTRACT FOR SERVICE;
(2) DISCLOSE THE CONDITIONS UNDER WHICH A CUSTOMER MAY RESCIND A CONTRACT WITHOUT PENALTY.
(B) SERVICE TERMINATION. THE RULES SHALL INCLUDE DISCLOSURE OF THE TERMS IDENTIFYING HOW CUSTOMERS MAY SWITCH OR TERMINATE SERVICE, INCLUDING ANY REQUIRED NOTICE AND ANY PENALTIES.
(C) MINIMUM CONTENT OF CUSTOMER BILLS. THE RULES SHALL INCLUDE ALL OF THE FOLLOWING REQUIREMENTS, WHICH SHALL BE STANDARDIZED:
(1) PRICE DISCLOSURE AND DISCLOSURES OF TOTAL BILLING UNITS FOR THE BILLING PERIOD AND HISTORICAL ANNUAL USAGE;
(2) TO THE MAXIMUM EXTENT PRACTICABLE, SEPARATE LISTING OF EACH SERVICE COMPONENT TO ENABLE A CUSTOMER TO RECALCULATE ITS BILL FOR ACCURACY;
(3) IDENTIFICATION OF THE SUPPLIER OF EACH SERVICE;
(4) STATEMENT OF WHERE AND HOW PAYMENT MAY BE MADE AND PROVISION OF A TOLL-FREE OR LOCAL CUSTOMER ASSISTANCE AND COMPLAINT NUMBER FOR THE ELECTRIC UTILITY, ELECTRIC SERVICES COMPANY, ELECTRIC COOPERATIVE, OR GOVERNMENTAL AGGREGATOR, AS WELL AS A CONSUMER ASSISTANCE TELEPHONE NUMBER OR NUMBERS FOR STATE AGENCIES, SUCH AS THE COMMISSION, THE OFFICE OF THE CONSUMERS' COUNSEL, AND THE ATTORNEY GENERAL'S OFFICE, WITH THE AVAILABLE HOURS NOTED;
(5) OTHER THAN FOR THE FIRST BILLING AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, HIGHLIGHTING AND CLEAR EXPLANATION ON EACH CUSTOMER BILL, FOR TWO CONSECUTIVE BILLING PERIODS, OF ANY CHANGES IN THE RATES, TERMS, AND CONDITIONS OF SERVICE.
(D) DISCONNECTION AND SERVICE TERMINATION, INCLUDING REQUIREMENTS WITH RESPECT TO MASTER-METERED BUILDINGS. THE RULES SHALL INCLUDE POLICIES AND PROCEDURES THAT ARE CONSISTENT WITH SECTIONS 4933.121 AND 4933.122 OF THE REVISED CODE AND THE COMMISSION'S RULES ADOPTED UNDER THOSE SECTIONS, AND THAT PROVIDE FOR ALL OF THE FOLLOWING:
(1) COORDINATION BETWEEN SUPPLIERS FOR THE PURPOSE OF MAINTAINING SERVICE;
(2) THE ALLOCATION OF PARTIAL PAYMENTS BETWEEN SUPPLIERS WHEN SERVICE COMPONENTS ARE JOINTLY BILLED;
(3) A PROHIBITION AGAINST BLOCKING, OR AUTHORIZING THE BLOCKING OF, CUSTOMER ACCESS TO A NONCOMPETITIVE RETAIL ELECTRIC SERVICE WHEN A CUSTOMER IS DELINQUENT IN PAYMENTS TO THE ELECTRIC UTILITY OR ELECTRIC SERVICES COMPANY FOR A COMPETITIVE RETAIL ELECTRIC SERVICE;
(4) A PROHIBITION AGAINST SWITCHING, OR AUTHORIZING THE SWITCHING OF, A CUSTOMER'S SUPPLIER OF COMPETITIVE RETAIL ELECTRIC SERVICE WITHOUT THE PRIOR CONSENT OF THE CUSTOMER IN ACCORDANCE WITH APPROPRIATE CONFIRMATION PRACTICES, WHICH MAY INCLUDE INDEPENDENT, THIRD-PARTY VERIFICATION PROCEDURES.
(5) A REQUIREMENT OF DISCLOSURE OF THE CONDITIONS UNDER WHICH A CUSTOMER MAY RESCIND A DECISION TO SWITCH ITS SUPPLIER WITHOUT PENALTY;
(6) SPECIFICATION OF ANY REQUIRED NOTICE AND ANY PENALTY FOR EARLY TERMINATION OF CONTRACT.
(E) MINIMUM SERVICE QUALITY, SAFETY, AND RELIABILITY. HOWEVER, SERVICE QUALITY, SAFETY, AND RELIABILITY REQUIREMENTS FOR ELECTRIC GENERATION SERVICE SHALL BE DETERMINED PRIMARILY THROUGH MARKET EXPECTATIONS AND CONTRACTUAL RELATIONSHIPS.
(F) GENERATION RESOURCE MIX AND ENVIRONMENTAL CHARACTERISTICS OF POWER SUPPLIES. THE RULES SHALL INCLUDE REQUIREMENTS FOR DETERMINATION OF THE APPROXIMATE GENERATION RESOURCE MIX AND ENVIRONMENTAL CHARACTERISTICS OF THE POWER SUPPLIES AND DISCLOSURE TO THE CUSTOMER PRIOR TO THE CUSTOMER ENTERING INTO A CONTRACT TO PURCHASE AND FOUR TIMES PER YEAR UNDER THE CONTRACT. THE RULES ALSO SHALL REQUIRE THAT THE ELECTRIC UTILITY, ELECTRIC SERVICES COMPANY, ELECTRIC COOPERATIVE, OR GOVERNMENTAL AGGREGATOR PROVIDE, OR CAUSE ITS BILLING AND COLLECTION AGENT TO PROVIDE, A CUSTOMER WITH STANDARDIZED INFORMATION COMPARING THE PROJECTED, WITH THE ACTUAL AND VERIFIABLE, RESOURCE MIX AND ENVIRONMENTAL CHARACTERISTICS. THIS DISCLOSURE SHALL OCCUR NOT LESS THAN ANNUALLY OR NOT LESS THAN ONCE DURING THE CONTRACT PERIOD IF THE CONTRACT PERIOD IS LESS THAN ONE YEAR, AND PRIOR TO ANY RENEWAL OF A CONTRACT.
(G) CUSTOMER INFORMATION. THE RULES SHALL INCLUDE REQUIREMENTS THAT THE ELECTRIC UTILITY, ELECTRIC SERVICES COMPANY, ELECTRIC COOPERATIVE, OR GOVERNMENTAL AGGREGATOR MAKE GENERIC CUSTOMER LOAD PATTERN INFORMATION AVAILABLE TO OTHER ELECTRIC LIGHT COMPANIES ON A COMPARABLE AND NONDISCRIMINATORY BASIS, AND MAKE CUSTOMER-SPECIFIC INFORMATION AVAILABLE TO OTHER ELECTRIC LIGHT COMPANIES ON A COMPARABLE AND NONDISCRIMINATORY BASIS UNLESS, AS TO CUSTOMER-SPECIFIC INFORMATION, THE CUSTOMER OBJECTS. THE RULES SHALL ENSURE THAT EACH SUCH UTILITY, COMPANY, COOPERATIVE, OR AGGREGATOR PROVIDE CLEAR AND FREQUENT NOTICE TO ITS CUSTOMERS OF THE RIGHT TO OBJECT AND OF APPLICABLE PROCEDURES. THE RULES SHALL ESTABLISH THE EXACT LANGUAGE THAT SHALL BE USED IN ALL SUCH NOTICES.
Sec. 4928.11. (A) FOR THE PROTECTION OF CONSUMERS IN THIS STATE, THE PUBLIC UTILITIES COMMISSION SHALL ADOPT RULES UNDER DIVISION (A) OF SECTION 4928.06 of the Revised Code THAT SPECIFY MINIMUM SERVICE QUALITY, SAFETY, AND RELIABILITY REQUIREMENTS FOR NONCOMPETITIVE RETAIL ELECTRIC SERVICES SUPPLIED BY AN ELECTRIC UTILITY IN THIS STATE, TO THE EXTENT SUCH AUTHORITY IS NOT PREEMPTED BY FEDERAL LAW. THE RULES SHALL INCLUDE PRESCRIPTIVE STANDARDS FOR INSPECTION, MAINTENANCE, REPAIR, AND REPLACEMENT OF THE TRANSMISSION AND DISTRIBUTION SYSTEMS OF ELECTRIC UTILITIES; SHALL APPLY TO EACH SUBSTANTIAL TYPE OF TRANSMISSION OR DISTRIBUTION EQUIPMENT OR FACILITY; SHALL ESTABLISH UNIFORM INTERCONNECTION STANDARDS TO ENSURE TRANSMISSION AND DISTRIBUTION SYSTEM SAFETY AND RELIABILITY AND SHALL OTHERWISE PROVIDE FOR HIGH QUALITY, SAFE, AND RELIABLE ELECTRIC SERVICE; SHALL INCLUDE STANDARDS FOR OPERATION, RELIABILITY, AND SAFETY DURING PERIODS OF EMERGENCY AND DISASTER; AND SHALL INCLUDE VOLTAGE STANDARDS FOR EFFICIENT OPERATION OF SINGLE-PHASE MOTORS. THE RULES REGARDING INTERCONNECTION SHALL SEEK TO PREVENT BARRIERS TO NEW TECHNOLOGY AND SHALL NOT MAKE COMPLIANCE UNDULY BURDENSOME OR EXPENSIVE. WHEN QUESTIONS ARISE ABOUT SPECIFIC EQUIPMENT TO MEET INTERCONNECTION STANDARDS, THE COMMISSION SHALL INITIATE PROCEEDINGS OPEN TO THE PUBLIC TO SOLICIT COMMENTS FROM ALL INTERESTED PARTIES. ADDITIONALLY, RULES UNDER THIS DIVISION SHALL INCLUDE NONDISCRIMINATORY METERING STANDARDS.
(B) THE COMMISSION SHALL REQUIRE EACH ELECTRIC UTILITY TO REPORT ANNUALLY TO THE COMMISSION ON AND AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, REGARDING ITS COMPLIANCE WITH THE RULES REQUIRED UNDER DIVISION (A) OF THIS SECTION. THE COMMISSION SHALL MAKE THE FILED REPORTS AVAILABLE TO THE PUBLIC. PERIODICALLY AS DETERMINED BY COMMISSION RULE UNDER DIVISION (A) OF SECTION 4928.06 of the Revised Code AND IN A PROCEEDING INITIATED UNDER DIVISION (B) OF SECTION 4928.16 of the Revised Code, THE COMMISSION SHALL REVIEW A UTILITY'S REPORT TO DETERMINE THE UTILITY'S COMPLIANCE AND MAY ACT PURSUANT TO DIVISION (B) OF SECTION 4928.16 of the Revised Code TO ENFORCE COMPLIANCE.
Sec. 4928.12. (A) EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 4928.31 TO 4928.40 of the Revised Code, NO ENTITY SHALL OWN OR CONTROL TRANSMISSION FACILITIES AS DEFINED UNDER FEDERAL LAW AND LOCATED IN THIS STATE ON OR AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE UNLESS THAT ENTITY IS A MEMBER OF, AND TRANSFERS CONTROL OF THOSE FACILITIES TO, ONE OR MORE QUALIFYING TRANSMISSION ENTITIES, AS DESCRIBED IN DIVISION (B) OF THIS SECTION, THAT ARE OPERATIONAL.
(B) AN ENTITY THAT OWNS OR CONTROLS TRANSMISSION FACILITIES LOCATED IN THIS STATE COMPLIES WITH DIVISION (A) OF THIS SECTION IF EACH TRANSMISSION ENTITY OF WHICH IT IS A MEMBER MEETS ALL OF THE FOLLOWING SPECIFICATIONS:
(1) THE TRANSMISSION ENTITY IS APPROVED BY THE FEDERAL ENERGY REGULATORY COMMISSION.
(2) THE TRANSMISSION ENTITY EFFECTS SEPARATE CONTROL OF TRANSMISSION FACILITIES FROM CONTROL OF GENERATION FACILITIES.
(3) THE TRANSMISSION ENTITY IMPLEMENTS, TO THE EXTENT REASONABLY POSSIBLE, POLICIES AND PROCEDURES DESIGNED TO MINIMIZE PANCAKED TRANSMISSION RATES WITHIN THIS STATE.
(4) THE TRANSMISSION ENTITY IMPROVES SERVICE RELIABILITY WITHIN THIS STATE.
(5) THE TRANSMISSION ENTITY ACHIEVES THE OBJECTIVES OF AN OPEN AND COMPETITIVE ELECTRIC GENERATION MARKETPLACE, ELIMINATION OF BARRIERS TO MARKET ENTRY, AND PRECLUSION OF CONTROL OF BOTTLENECK ELECTRIC TRANSMISSION FACILITIES IN THE PROVISION OF RETAIL ELECTRIC SERVICE.
(6) THE TRANSMISSION ENTITY IS OF SUFFICIENT SCOPE OR OTHERWISE OPERATES TO SUBSTANTIALLY INCREASE ECONOMICAL SUPPLY OPTIONS FOR CONSUMERS.
(7) THE GOVERNANCE STRUCTURE OR CONTROL OF THE TRANSMISSION ENTITY IS INDEPENDENT OF THE USERS OF THE TRANSMISSION FACILITIES, AND NO MEMBER OF ITS BOARD OF DIRECTORS HAS AN AFFILIATION, WITH SUCH A USER OR WITH AN AFFILIATE OF A USER DURING THE MEMBER'S TENURE ON THE BOARD, SUCH AS TO UNDULY AFFECT THE TRANSMISSION ENTITY'S PERFORMANCE. FOR THE PURPOSE OF DIVISION (B)(7) OF THIS SECTION, A "USER" IS ANY ENTITY OR AFFILIATE OF THAT ENTITY THAT BUYS OR SELLS ELECTRIC ENERGY IN THE TRANSMISSION ENTITY'S REGION OR IN A NEIGHBORING REGION.
(8) THE TRANSMISSION ENTITY OPERATES UNDER POLICIES THAT PROMOTE POSITIVE PERFORMANCE DESIGNED TO SATISFY THE ELECTRICITY REQUIREMENTS OF CUSTOMERS.
(9) THE TRANSMISSION ENTITY IS CAPABLE OF MAINTAINING REAL-TIME RELIABILITY OF THE ELECTRIC TRANSMISSION SYSTEM, ENSURING COMPARABLE AND NONDISCRIMINATORY TRANSMISSION ACCESS AND NECESSARY SERVICES, MINIMIZING SYSTEM CONGESTION, AND FURTHER ADDRESSING REAL OR POTENTIAL TRANSMISSION CONSTRAINTS.
(C) TO THE EXTENT THAT A TRANSMISSION ENTITY UNDER DIVISION (A) OF THIS SECTION IS AUTHORIZED TO BUILD TRANSMISSION FACILITIES, THAT TRANSMISSION ENTITY HAS THE POWERS PROVIDED IN AND IS SUBJECT TO SECTIONS 1723.01 TO 1723.08 OF THE REVISED CODE.
(D) FOR THE PURPOSE OF FORMING OR PARTICIPATING IN A REGIONAL REGULATORY OVERSIGHT BODY OR MECHANISM DEVELOPED FOR ANY TRANSMISSION ENTITY UNDER DIVISION (A) OF THIS SECTION THAT IS OF REGIONAL SCOPE AND OPERATES WITHIN THIS STATE:
(1) THE COMMISSION SHALL MAKE JOINT INVESTIGATIONS, HOLD JOINT HEARINGS, WITHIN OR OUTSIDE THIS STATE, AND ISSUE JOINT OR CONCURRENT ORDERS IN CONJUNCTION OR CONCURRENCE WITH ANY OFFICIAL OR AGENCY OF ANY STATE OR OF THE UNITED STATES, WHETHER IN THE HOLDING OF THOSE INVESTIGATIONS OR HEARINGS, OR IN THE MAKING OF THOSE ORDERS, THE COMMISSION IS FUNCTIONING UNDER AGREEMENTS OR COMPACTS BETWEEN STATES, UNDER THE CONCURRENT POWER OF STATES TO REGULATE INTERSTATE COMMERCE, AS AN AGENCY OF THE UNITED STATES, OR OTHERWISE.
(2) THE COMMISSION SHALL NEGOTIATE AND ENTER INTO AGREEMENTS OR COMPACTS WITH AGENCIES OF OTHER STATES FOR COOPERATIVE REGULATORY EFFORTS AND FOR THE ENFORCEMENT OF THE RESPECTIVE STATE LAWS REGARDING THE TRANSMISSION ENTITY.
(E) IF A QUALIFYING TRANSMISSION ENTITY IS NOT OPERATIONAL AS CONTEMPLATED IN DIVISION (A) OF THIS SECTION, DIVISION (A)(13) OF SECTION 4928.34 of the Revised Code, OR DIVISION (G) OF SECTION 4928.35 of the Revised Code, THE COMMISSION BY RULE OR ORDER SHALL TAKE SUCH MEASURES OR IMPOSE SUCH REQUIREMENTS ON ALL FOR-PROFIT ENTITIES THAT OWN OR CONTROL ELECTRIC TRANSMISSION FACILITIES LOCATED IN THIS STATE AS THE COMMISSION DETERMINES NECESSARY AND PROPER TO ACHIEVE INDEPENDENT, NONDISCRIMINATORY OPERATION OF, AND SEPARATE OWNERSHIP AND CONTROL OF, SUCH ELECTRIC TRANSMISSION FACILITIES ON OR AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE.
Sec. 4928.13. THROUGH A PERIODIC FILING WITH THE PUBLIC UTILITIES COMMISSION IN SUCH FORM AS THE COMMISSION SHALL PRESCRIBE BY RULE UNDER DIVISION (A) OF SECTION 4928.06 of the Revised Code, EACH ELECTRIC UTILITY THAT OWNS NUCLEAR GENERATION FACILITIES LOCATED IN THIS STATE SHALL DEMONSTRATE COMPLIANCE WITH DECOMMISSIONING REQUIREMENTS OF THE NUCLEAR REGULATORY COMMISSION AND PUBLIC UTILITIES COMMISSION AND SHALL DEMONSTRATE ADEQUATE FINANCING MECHANISMS TO FUND FACILITY DECOMMISSIONING.
Sec. 4928.14. (A) AFTER ITS MARKET DEVELOPMENT PERIOD, AN ELECTRIC DISTRIBUTION UTILITY IN THIS STATE SHALL PROVIDE CONSUMERS, ON A COMPARABLE AND NONDISCRIMINATORY BASIS WITHIN ITS CERTIFIED TERRITORY, A MARKET-BASED STANDARD SERVICE OFFER OF ALL COMPETITIVE RETAIL ELECTRIC SERVICES NECESSARY TO MAINTAIN ESSENTIAL ELECTRIC SERVICE TO CONSUMERS, INCLUDING A FIRM SUPPLY OF ELECTRIC GENERATION SERVICE. SUCH OFFER SHALL BE FILED WITH THE PUBLIC UTILITIES COMMISSION UNDER SECTION 4909.18 of the Revised Code.
(B) AFTER THAT MARKET DEVELOPMENT PERIOD, EACH ELECTRIC DISTRIBUTION UTILITY ALSO SHALL OFFER CUSTOMERS WITHIN ITS CERTIFIED TERRITORY AN OPTION TO PURCHASE COMPETITIVE RETAIL ELECTRIC SERVICE THE PRICE OF WHICH IS DETERMINED THROUGH A COMPETITIVE BIDDING PROCESS. PRIOR TO JANUARY 1, 2004, THE COMMISSION SHALL ADOPT RULES CONCERNING THE CONDUCT OF THE COMPETITIVE BIDDING PROCESS, INCLUDING THE INFORMATION REQUIREMENTS NECESSARY FOR CUSTOMERS TO CHOOSE THIS OPTION AND THE REQUIREMENTS TO EVALUATE QUALIFIED BIDDERS. THE COMMISSION MAY REQUIRE THAT THE COMPETITIVE BIDDING PROCESS BE REVIEWED BY AN INDEPENDENT THIRD PARTY. NO GENERATION SUPPLIER SHALL BE PROHIBITED FROM PARTICIPATING IN THE BIDDING PROCESS, PROVIDED THAT ANY WINNING BIDDER SHALL BE CONSIDERED A CERTIFIED SUPPLIER FOR PURPOSES OF OBLIGATIONS TO CUSTOMERS. AT THE ELECTION OF THE ELECTRIC DISTRIBUTION UTILITY, AND APPROVAL OF THE COMMISSION, THE COMPETITIVE BIDDING OPTION UNDER THIS DIVISION MAY BE USED AS THE MARKET-BASED STANDARD OFFER REQUIRED BY DIVISION (A) OF THIS SECTION. THE COMMISSION MAY DETERMINE AT ANY TIME THAT A COMPETITIVE BIDDING PROCESS IS NOT REQUIRED, IF OTHER MEANS TO ACCOMPLISH GENERALLY THE SAME OPTION FOR CUSTOMERS IS READILY AVAILABLE IN THE MARKET AND A REASONABLE MEANS FOR CUSTOMER PARTICIPATION IS DEVELOPED.
(C) AFTER THE MARKET DEVELOPMENT PERIOD, THE FAILURE OF A SUPPLIER TO
PROVIDE RETAIL ELECTRIC GENERATION SERVICE TO CUSTOMERS WITHIN THE CERTIFIED
TERRITORY OF THE ELECTRIC DISTRIBUTION UTILITY SHALL RESULT IN THE SUPPLIER'S CUSTOMERS,
AFTER REASONABLE NOTICE, DEFAULTING TO THE UTILITY'S STANDARD SERVICE OFFER
FILED UNDER DIVISION (A) OF THIS SECTION UNTIL THE CUSTOMER CHOOSES AN
ALTERNATIVE SUPPLIER. A SUPPLIER IS DEEMED UNDER THIS DIVISION TO HAVE FAILED
TO PROVIDE SUCH SERVICE IF THE COMMISSION FINDS, AFTER REASONABLE NOTICE AND
(1) THE SUPPLIER HAS DEFAULTED ON ITS CONTRACTS WITH CUSTOMERS, IS IN RECEIVERSHIP, OR HAS FILED FOR BANKRUPTCY.
(2) THE SUPPLIER IS NO LONGER CAPABLE OF PROVIDING THE SERVICE.
(3) THE SUPPLIER IS UNABLE TO PROVIDE DELIVERY TO TRANSMISSION OR DISTRIBUTION FACILITIES FOR SUCH PERIOD OF TIME AS MAY BE REASONABLY SPECIFIED BY COMMISSION RULE ADOPTED UNDER DIVISION (A) OF SECTION 4928.06 of the Revised Code.
(4) THE SUPPLIER'S CERTIFICATION HAS BEEN SUSPENDED, CONDITIONALLY RESCINDED, OR RESCINDED UNDER DIVISION (D) OF SECTION 4928.08 of the Revised Code.
Sec. 4928.15. (A) EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 4928.31 TO 4928.40 OF THE REVISED CODE, NO ELECTRIC UTILITY SHALL SUPPLY NONCOMPETITIVE RETAIL ELECTRIC DISTRIBUTION SERVICE IN THIS STATE ON OR AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE EXCEPT PURSUANT TO A SCHEDULE FOR THAT SERVICE THAT IS CONSISTENT WITH THE STATE POLICY SPECIFIED IN SECTION 4928.02 of the Revised Code AND FILED WITH THE PUBLIC UTILITIES COMMISSION UNDER SECTION 4909.18 of the Revised Code. THE SCHEDULE SHALL PROVIDE THAT ELECTRIC DISTRIBUTION SERVICE UNDER THE SCHEDULE IS AVAILABLE TO ALL CONSUMERS WITHIN THE UTILITY'S CERTIFIED TERRITORY AND TO ANY SUPPLIER TO THOSE CONSUMERS ON A NONDISCRIMINATORY AND COMPARABLE BASIS. DISTRIBUTION SERVICE RATES AND CHARGES UNDER THE SCHEDULE SHALL BE ESTABLISHED IN ACCORDANCE WITH CHAPTERS 4905. AND 4909. OF THE REVISED CODE. THE SCHEDULE SHALL INCLUDE AN OBLIGATION TO BUILD DISTRIBUTION FACILITIES WHEN NECESSARY TO PROVIDE ADEQUATE DISTRIBUTION SERVICE, PROVIDED THAT A CUSTOMER REQUESTING THAT SERVICE MAY BE REQUIRED TO PAY ALL OR PART OF THE REASONABLE INCREMENTAL COST OF THE NEW FACILITIES, IN ACCORDANCE WITH RULES, POLICY, PRECEDENTS, OR ORDERS OF THE COMMISSION.
(B) EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 4928.31 TO 4928.40 OF THE REVISED CODE AND EXCEPT AS PREEMPTED BY FEDERAL LAW, NO ELECTRIC UTILITY SHALL SUPPLY THE TRANSMISSION SERVICE OR ANCILLARY SERVICE COMPONENT OF NONCOMPETITIVE RETAIL ELECTRIC SERVICE IN THIS STATE ON OR AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE EXCEPT PURSUANT TO A SCHEDULE FOR THAT SERVICE COMPONENT THAT IS CONSISTENT WITH THE STATE POLICY SPECIFIED IN SECTION 4928.02 of the Revised Code AND FILED WITH THE COMMISSION UNDER SECTION 4909.18 of the Revised Code. THE SCHEDULE SHALL PROVIDE THAT TRANSMISSION OR ANCILLARY SERVICE UNDER THE SCHEDULE IS AVAILABLE TO ALL CONSUMERS AND TO ANY SUPPLIER TO THOSE CONSUMERS ON A NONDISCRIMINATORY AND COMPARABLE BASIS. SERVICE RATES AND CHARGES UNDER THE SCHEDULE SHALL BE ESTABLISHED IN ACCORDANCE WITH CHAPTERS 4905. AND 4909. OF THE REVISED CODE.
(C) A SELF-GENERATOR SHALL HAVE ACCESS TO BACKUP ELECTRICITY SUPPLY FROM ITS COMPETITIVE ELECTRIC GENERATION SERVICE PROVIDER AT A RATE TO BE DETERMINED BY CONTRACT.
Sec. 4928.16. (A)(1) THE PUBLIC UTILITIES COMMISSION HAS JURISDICTION UNDER SECTION 4905.26 of the Revised Code, UPON COMPLAINT OF ANY PERSON OR UPON COMPLAINT OR INITIATIVE OF THE COMMISSION ON OR AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, REGARDING THE PROVISION BY AN ELECTRIC UTILITY, ELECTRIC SERVICES COMPANY, ELECTRIC COOPERATIVE, OR GOVERNMENTAL AGGREGATOR SUBJECT TO CERTIFICATION UNDER SECTION 4928.08 of the Revised Code OF ANY SERVICE FOR WHICH IT IS SUBJECT TO CERTIFICATION.
(2) THE COMMISSION ALSO HAS JURISDICTION UNDER SECTION 4905.26 OF THE REVISED CODE, UPON COMPLAINT OF ANY PERSON OR UPON COMPLAINT OR INITIATIVE OF THE COMMISSION ON OR AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, TO DETERMINE WHETHER AN ELECTRIC UTILITY HAS VIOLATED OR FAILED TO COMPLY WITH ANY PROVISION OF SECTIONS 4928.01 TO 4928.15, ANY PROVISION OF DIVISIONS (A) TO (D) OF SECTION 4928.35 OF THE REVISED CODE, OR ANY RULE OR ORDER ADOPTED OR ISSUED UNDER THOSE SECTIONS; OR WHETHER AN ELECTRIC SERVICES COMPANY, ELECTRIC COOPERATIVE, OR GOVERNMENTAL AGGREGATOR SUBJECT TO CERTIFICATION UNDER SECTION 4928.08 OF THE REVISED CODE HAS VIOLATED OR FAILED TO COMPLY WITH ANY PROVISION OF SECTIONS 4928.01 TO 4928.10 OF THE REVISED CODE REGARDING A COMPETITIVE RETAIL ELECTRIC SERVICE FOR WHICH IT IS SUBJECT TO CERTIFICATION OR ANY RULE OR ORDER ADOPTED OR ISSUED UNDER THOSE SECTIONS.
(3) IF A CONTRACT BETWEEN A MERCANTILE COMMERCIAL CUSTOMER AND AN ELECTRIC SERVICES COMPANY STATES THAT THE FORUM FOR A COMMERCIAL DISPUTE INVOLVING THAT COMPANY IS THROUGH A CERTIFIED COMMERCIAL ARBITRATION PROCESS, THAT PROCESS SET FORTH IN THE CONTRACT AND AGREED TO BY THE SIGNATORIES SHALL BE THE EXCLUSIVE FORUM UNLESS ALL PARTIES TO THE CONTRACT AGREE IN WRITING TO AN AMENDED PROCESS. THE COMPANY SHALL NOTIFY THE COMMISSION FOR INFORMATIONAL PURPOSES OF ALL MATTERS FOR WHICH A CONTRACT REMEDY IS INVOKED TO RESOLVE A DISPUTE.
(4) THE COMMISSION, BY RULE ADOPTED PURSUANT TO DIVISION (A) OF SECTION 4928.06 OF THE REVISED CODE, SHALL ADOPT ALTERNATIVE DISPUTE RESOLUTION PROCEDURES FOR COMPLAINTS BY NONMERCANTILE, NONRESIDENTIAL CUSTOMERS, INCLUDING ARBITRATION THROUGH A CERTIFIED COMMERCIAL ARBITRATION PROCESS AND AT THE COMMISSION. THE COMMISSION ALSO BY SUCH RULE MAY ADOPT ALTERNATIVE DISPUTE RESOLUTION PROCEDURES FOR COMPLAINTS BY RESIDENTIAL CUSTOMERS.
(B) IN ADDITION TO ITS AUTHORITY UNDER DIVISION (C) OF SECTION
4928.08 OF THE REVISED CODE AND TO ANY OTHER REMEDIES PROVIDED BY
LAW, THE COMMISSION, AFTER REASONABLE NOTICE AND
(1) ORDER RESCISSION OF A CONTRACT, OR RESTITUTION TO CUSTOMERS INCLUDING DAMAGES DUE TO ELECTRIC POWER FLUCTUATIONS, IN ANY COMPLAINT BROUGHT PURSUANT TO DIVISION (A)(1) OR (2) OF THIS SECTION;
(2) ORDER ANY REMEDY OR FORFEITURE PROVIDED UNDER SECTIONS 4905.54 TO 4905.60 AND 4905.64 OF THE REVISED CODE UPON A FINDING UNDER DIVISION (A)(2) OF THIS SECTION THAT THE ELECTRIC UTILITY HAS VIOLATED OR FAILED TO COMPLY WITH ANY PROVISION OF SECTIONS 4928.01 TO 4928.15, ANY PROVISION OF DIVISIONS (A) TO (D) OF SECTION 4928.35 OF THE REVISED CODE, OR ANY RULE OR ORDER ADOPTED OR ISSUED UNDER THOSE SECTIONS. IN ADDITION, THE COMMISSION MAY ORDER ANY REMEDY PROVIDED UNDER SECTION 4905.22, 4905.37, OR 4905.38 of the Revised Code IF THE VIOLATION OR FAILURE TO COMPLY BY AN ELECTRIC UTILITY RELATED TO THE PROVISION OF A NONCOMPETITIVE RETAIL ELECTRIC SERVICE.
(3) ORDER ANY REMEDY OR FORFEITURE PROVIDED UNDER SECTIONS 4905.54 TO 4905.60 AND 4905.64 OF THE REVISED CODE UPON A FINDING UNDER DIVISION (A)(2) OF THIS SECTION THAT THE ELECTRIC SERVICES COMPANY, ELECTRIC COOPERATIVE, OR GOVERNMENTAL AGGREGATOR SUBJECT TO CERTIFICATION UNDER SECTION 4928.08 OF THE REVISED CODE HAS VIOLATED OR FAILED TO COMPLY, REGARDING A COMPETITIVE RETAIL ELECTRIC SERVICE FOR WHICH IT IS SUBJECT TO CERTIFICATION, WITH ANY PROVISION OF SECTIONS 4928.01 TO 4928.10 OF THE REVISED CODE OR ANY RULE OR ORDER ADOPTED OR ISSUED UNDER THOSE SECTIONS.
(C)(1) IN ADDITION TO THE AUTHORITY CONFERRED UNDER SECTION 4911.15 of the Revised Code, THE CONSUMERS' COUNSEL MAY FILE A COMPLAINT UNDER DIVISION (A)(1) OR (2) OF THIS SECTION ON BEHALF OF RESIDENTIAL CONSUMERS IN THIS STATE OR APPEAR BEFORE THE COMMISSION AS A REPRESENTATIVE OF THOSE CONSUMERS PURSUANT TO ANY COMPLAINT FILED UNDER DIVISION (A)(1) OR (2) OF THIS SECTION.
(2) IN ADDITION TO THE AUTHORITY CONFERRED UNDER SECTION 4911.19 of the Revised Code, THE CONSUMERS' COUNSEL, UPON REASONABLE GROUNDS ON AND AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, MAY FILE WITH THE COMMISSION UNDER SECTION 4905.26 of the Revised Code A COMPLAINT FOR DISCOVERY IF THE RECIPIENT OF AN INQUIRY UNDER SECTION 4911.19 of the Revised Code FAILS TO PROVIDE A RESPONSE WITHIN THE TIME SPECIFIED IN THAT SECTION.
(D) SECTION 4905.61 of the Revised Code APPLIES TO A VIOLATION BY AN ELECTRIC UTILITY OF, OR TO A FAILURE OF AN ELECTRIC UTILITY TO COMPLY WITH, ANY PROVISION OF SECTIONS 4928.01 TO 4928.15, ANY PROVISION OF DIVISIONS (A) TO (D) OF SECTION 4928.35 of the Revised Code, OR ANY RULE OR ORDER ADOPTED OR ISSUED UNDER THOSE SECTIONS.
Sec. 4928.17. (A) EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 4928.31 TO 4928.40 OF THE REVISED CODE AND BEGINNING ON THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, NO ELECTRIC UTILITY SHALL ENGAGE IN THIS STATE, EITHER DIRECTLY OR THROUGH AN AFFILIATE, IN THE BUSINESSES OF SUPPLYING A NONCOMPETITIVE RETAIL ELECTRIC SERVICE AND SUPPLYING A COMPETITIVE RETAIL ELECTRIC SERVICE, OR IN THE BUSINESSES OF SUPPLYING A NONCOMPETITIVE RETAIL ELECTRIC SERVICE AND SUPPLYING A PRODUCT OR SERVICE OTHER THAN RETAIL ELECTRIC SERVICE, UNLESS THE UTILITY IMPLEMENTS AND OPERATES UNDER A CORPORATE SEPARATION PLAN THAT IS APPROVED BY THE PUBLIC UTILITIES COMMISSION UNDER THIS SECTION, IS CONSISTENT WITH THE POLICY SPECIFIED IN SECTION 4928.02 OF THE REVISED CODE, AND ACHIEVES ALL OF THE FOLLOWING:
(1) THE PLAN PROVIDES, AT MINIMUM, FOR THE PROVISION OF THE COMPETITIVE RETAIL ELECTRIC SERVICE OR THE NONELECTRIC PRODUCT OR SERVICE THROUGH A FULLY SEPARATED AFFILIATE OF THE UTILITY, AND THE PLAN INCLUDES SEPARATE ACCOUNTING REQUIREMENTS, THE CODE OF CONDUCT AS ORDERED BY THE COMMISSION PURSUANT TO A RULE IT SHALL ADOPT UNDER DIVISION (A) OF SECTION 4928.06 of the Revised Code, AND SUCH OTHER MEASURES AS ARE NECESSARY TO EFFECTUATE THE POLICY SPECIFIED IN SECTION 4928.02 OF THE REVISED CODE.
(2) THE PLAN SATISFIES THE PUBLIC INTEREST IN PREVENTING UNFAIR COMPETITIVE ADVANTAGE AND PREVENTING THE ABUSE OF MARKET POWER.
(3) THE PLAN IS SUFFICIENT TO ENSURE THAT THE UTILITY WILL NOT EXTEND ANY
UNDUE PREFERENCE OR ADVANTAGE TO ANY AFFILIATE, DIVISION, OR PART OF ITS OWN
BUSINESS ENGAGED IN THE BUSINESS OF SUPPLYING THE COMPETITIVE RETAIL ELECTRIC
SERVICE OR NONELECTRIC PRODUCT OR SERVICE, INCLUDING, BUT NOT LIMITED TO,
UTILITY RESOURCES SUCH AS TRUCKS, TOOLS, OFFICE EQUIPMENT, OFFICE SPACE,
SUPPLIES, CUSTOMER AND MARKETING INFORMATION, ADVERTISING, BILLING AND MAILING
SYSTEMS, PERSONNEL, AND TRAINING, WITHOUT COMPENSATION BASED UPON FULLY LOADED
EMBEDDED COSTS CHARGED TO THE AFFILIATE; AND TO ENSURE THAT ANY SUCH AFFILIATE,
DIVISION, OR PART WILL NOT RECEIVE UNDUE PREFERENCE OR ADVANTAGE FROM ANY
AFFILIATE, DIVISION, OR PART OF THE BUSINESS ENGAGED IN BUSINESS OF SUPPLYING
THE NONCOMPETITIVE RETAIL ELECTRIC SERVICE. NO SUCH UTILITY, AFFILIATE,
DIVISION, OR PART SHALL EXTEND SUCH UNDUE PREFERENCE. NOTWITHSTANDING ANY OTHER
DIVISION OF THIS SECTION, A UTILITY'S OBLIGATION UNDER DIVISION (A)(3) OF THIS SECTION SHALL BE EFFECTIVE
(B) THE COMMISSION MAY APPROVE, MODIFY AND APPROVE, OR DISAPPROVE A
CORPORATE SEPARATION PLAN FILED WITH THE COMMISSION UNDER DIVISION (A)
OF THIS SECTION. AS PART OF THE CODE OF CONDUCT REQUIRED UNDER DIVISION (A)(1) OF THIS SECTION, THE COMMISSION SHALL ADOPT RULES
PURSUANT TO DIVISION (A) OF SECTION 4928.06 of the Revised Code
REGARDING CORPORATE SEPARATION AND PROCEDURES FOR PLAN FILING AND APPROVAL. THE
RULES SHALL INCLUDE LIMITATIONS ON AFFILIATE PRACTICES SOLELY FOR THE PURPOSE
OF MAINTAINING A SEPARATION OF THE AFFILIATE'S BUSINESS FROM THE BUSINESS OF
THE UTILITY TO PREVENT UNFAIR COMPETITIVE ADVANTAGE BY VIRTUE OF THAT
RELATIONSHIP. THE RULES ALSO SHALL INCLUDE AN
(C) THE COMMISSION SHALL ISSUE AN ORDER APPROVING OR MODIFYING AND APPROVING A CORPORATE SEPARATION PLAN UNDER THIS SECTION, TO BE EFFECTIVE ON THE DATE SPECIFIED IN THE ORDER, ONLY UPON FINDINGS THAT THE PLAN REASONABLY COMPLIES WITH THE REQUIREMENTS OF DIVISION (A) OF THIS SECTION AND WILL PROVIDE FOR ONGOING COMPLIANCE WITH THE POLICY SPECIFIED IN SECTION 4928.02 OF THE REVISED CODE. HOWEVER, FOR GOOD CAUSE SHOWN, THE COMMISSION MAY ISSUE AN ORDER APPROVING OR MODIFYING AND APPROVING A CORPORATE SEPARATION PLAN UNDER THIS SECTION THAT DOES NOT COMPLY WITH DIVISION (A)(1) OF THIS SECTION BUT COMPLIES WITH SUCH FUNCTIONAL SEPARATION REQUIREMENTS AS THE COMMISSION AUTHORIZES TO APPLY FOR AN INTERIM PERIOD PRESCRIBED IN THE ORDER, UPON A FINDING THAT SUCH ALTERNATIVE PLAN WILL PROVIDE FOR ONGOING COMPLIANCE WITH THE POLICY SPECIFIED IN SECTION 4928.02 OF THE REVISED CODE.
(D) ANY PARTY MAY SEEK AN AMENDMENT TO A CORPORATE SEPARATION PLAN APPROVED UNDER THIS SECTION, AND THE COMMISSION, PURSUANT TO A REQUEST FROM ANY PARTY OR ON ITS OWN INITIATIVE, MAY ORDER AS IT CONSIDERS NECESSARY THE FILING OF AN AMENDED CORPORATE SEPARATION PLAN TO REFLECT CHANGED CIRCUMSTANCES.
(E) NOTWITHSTANDING SECTION 4905.20, 4905.21, 4905.46, OR 4905.48 of the Revised Code, AN ELECTRIC UTILITY MAY DIVEST ITSELF OF ANY GENERATING ASSET AT ANY TIME WITHOUT COMMISSION APPROVAL, SUBJECT TO THE PROVISIONS OF TITLE XLIX of the Revised Code RELATING TO THE TRANSFER OF TRANSMISSION, DISTRIBUTION, OR ANCILLARY SERVICE PROVIDED BY SUCH GENERATING ASSET.
Sec. 4928.18. (A) NOTWITHSTANDING DIVISION (D)(2)(a) OF SECTION 4909.15 of the Revised Code, NOTHING IN THIS CHAPTER PREVENTS THE PUBLIC UTILITIES COMMISSION FROM EXERCISING ITS AUTHORITY UNDER TITLE XLIX OF THE REVISED CODE TO PROTECT CUSTOMERS OF RETAIL ELECTRIC SERVICE SUPPLIED BY AN ELECTRIC UTILITY FROM ANY ADVERSE EFFECT OF THE UTILITY'S PROVISION OF A PRODUCT OR SERVICE OTHER THAN RETAIL ELECTRIC SERVICE.
(B) THE COMMISSION HAS JURISDICTION UNDER SECTION 4905.26 OF THE REVISED CODE, UPON COMPLAINT OF ANY PERSON OR UPON COMPLAINT OR INITIATIVE OF THE COMMISSION ON OR AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, TO DETERMINE WHETHER AN ELECTRIC UTILITY OR ITS AFFILIATE HAS VIOLATED ANY PROVISION OF SECTION 4928.17 of the Revised Code OR AN ORDER ISSUED OR RULE ADOPTED UNDER THAT SECTION. FOR THIS PURPOSE, THE COMMISSION MAY EXAMINE SUCH BOOKS, ACCOUNTS, OR OTHER RECORDS KEPT BY AN ELECTRIC UTILITY OR ITS AFFILIATE AS MAY RELATE TO THE BUSINESSES FOR WHICH CORPORATE SEPARATION IS REQUIRED UNDER SECTION 4928.17 of the Revised Code, AND MAY INVESTIGATE SUCH UTILITY OR AFFILIATE OPERATIONS AS MAY RELATE TO THOSE BUSINESSES AND INVESTIGATE THE INTERRELATIONSHIP OF THOSE OPERATIONS. ANY SUCH EXAMINATION OR INVESTIGATION BY THE COMMISSION SHALL BE GOVERNED BY CHAPTER 4903. OF THE REVISED CODE.
(C) IN ADDITION TO ANY REMEDIES OTHERWISE PROVIDED BY LAW, THE COMMISSION, REGARDING A DETERMINATION OF A VIOLATION PURSUANT TO DIVISION (B) OF THIS SECTION, MAY DO ANY OF THE FOLLOWING:
(1) ISSUE AN ORDER DIRECTING THE UTILITY OR AFFILIATE TO COMPLY;
(2) MODIFY AN ORDER AS THE COMMISSION FINDS REASONABLE AND APPROPRIATE AND ORDER THE UTILITY OR AFFILIATE TO COMPLY WITH THE MODIFIED ORDER;
(3) SUSPEND OR ABROGATE AN ORDER, IN WHOLE OR IN PART;
(4) ISSUE AN ORDER THAT THE UTILITY OR AFFILIATE PAY RESTITUTION TO ANY PERSON INJURED BY THE VIOLATION OR FAILURE TO COMPLY;
(D) IN ADDITION TO ANY REMEDIES OTHERWISE PROVIDED BY LAW, THE COMMISSION, REGARDING A DETERMINATION OF A VIOLATION PURSUANT TO DIVISION (B) OF THIS SECTION AND COMMENSURATE WITH THE SEVERITY OF THE VIOLATION, THE SOURCE OF THE VIOLATION, ANY PATTERN OF VIOLATIONS, OR ANY MONETARY DAMAGES CAUSED BY THE VIOLATION, MAY DO EITHER OF THE FOLLOWING:
(1) IMPOSE A FORFEITURE ON THE UTILITY OR AFFILIATE OF UP TO TWENTY-FIVE THOUSAND DOLLARS PER DAY PER VIOLATION. THE RECOVERY AND DEPOSIT OF ANY SUCH FORFEITURE SHALL BE SUBJECT TO SECTIONS 4905.57 AND 4905.59 of the Revised Code.
(2) REGARDING A VIOLATION BY AN ELECTRIC UTILITY RELATING TO A CORPORATE SEPARATION PLAN INVOLVING COMPETITIVE RETAIL ELECTRIC SERVICE, SUSPEND OR ABROGATE ALL OR PART OF AN ORDER, TO THE EXTENT IT IS IN EFFECT, AUTHORIZING AN OPPORTUNITY FOR THE UTILITY TO RECEIVE TRANSITION REVENUES UNDER A TRANSITION PLAN APPROVED BY THE COMMISSION UNDER SECTION 4928.33 OF THE REVISED CODE.
CORPORATE SEPARATION UNDER THIS SECTION DOES NOT PROHIBIT THE COMMON USE OF EMPLOYEE BENEFIT PLANS, FACILITIES, EQUIPMENT, OR EMPLOYEES, SUBJECT TO PROPER ACCOUNTING AND THE CODE OF CONDUCT ORDERED BY THE COMMISSION AS PROVIDED IN DIVISION (A)(1) OF THIS SECTION.
(E) SECTION 4905.61 of the Revised Code APPLIES IN THE CASE OF ANY VIOLATION OF SECTION 4928.17 of the Revised Code OR OF ANY RULE ADOPTED OR ORDER ISSUED UNDER THAT SECTION.
Sec. 4928.19. AS PART OF THEIR ONGOING CONSUMER EDUCATION EFFORTS, THE PUBLIC UTILITIES COMMISSION AND THE OFFICE OF THE CONSUMERS' COUNSEL SHALL ENGAGE IN COOPERATIVE AGENCY EFFORTS TO EDUCATE CONSUMERS IN THIS STATE REGARDING ELECTRIC INDUSTRY RESTRUCTURING UNDER THIS CHAPTER.
Sec. 4928.20. (A) ON OR AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, THE LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION MAY ADOPT AN ORDINANCE, OR THE BOARD OF TOWNSHIP TRUSTEES OF A TOWNSHIP OR THE BOARD OF COUNTY COMMISSIONERS OF A COUNTY MAY ADOPT A RESOLUTION, UNDER WHICH IT MAY AGGREGATE IN ACCORDANCE WITH THIS SECTION THE RETAIL ELECTRICAL LOADS LOCATED, RESPECTIVELY, WITHIN THE MUNICIPAL CORPORATION, TOWNSHIP, OR UNINCORPORATED AREA OF THE COUNTY AND, FOR THAT PURPOSE, MAY ENTER INTO SERVICE AGREEMENTS TO FACILITATE FOR THOSE LOADS THE SALE AND PURCHASE OF ELECTRICITY. THE LEGISLATIVE AUTHORITY OR BOARD ALSO MAY EXERCISE SUCH AUTHORITY JOINTLY WITH ANY OTHER SUCH LEGISLATIVE AUTHORITY OR BOARD. AN ORDINANCE OR RESOLUTION UNDER THIS DIVISION SHALL SPECIFY WHETHER THE AGGREGATION WILL OCCUR ONLY WITH THE PRIOR CONSENT OF EACH PERSON OWNING, OCCUPYING, CONTROLLING, OR USING AN ELECTRIC LOAD CENTER PROPOSED TO BE AGGREGATED OR WILL OCCUR AUTOMATICALLY FOR ALL SUCH PERSONS PURSUANT TO THE OPT-OUT REQUIREMENTS OF DIVISION (D) OF THIS SECTION. NOTHING IN THIS DIVISION, HOWEVER, AUTHORIZES THE AGGREGATION OF SUCH RETAIL ELECTRIC LOADS OF AN ELECTRIC LOAD CENTER, AS DEFINED IN SECTION 4933.81 of the Revised Code, THAT IS LOCATED IN THE CERTIFIED TERRITORY OF A NONPROFIT ELECTRIC SUPPLIER UNDER SECTIONS 4933.81 TO 4933.90 of the Revised Code OR AN ELECTRIC LOAD CENTER SERVED BY TRANSMISSION OR DISTRIBUTION FACILITIES OF A MUNICIPAL ELECTRIC UTILITY.
(B) IF AN ORDINANCE OR RESOLUTION ADOPTED UNDER DIVISION (A) OF THIS SECTION SPECIFIES THAT AGGREGATION WILL OCCUR AUTOMATICALLY AS DESCRIBED IN THAT DIVISION, THE ORDINANCE OR RESOLUTION SHALL DIRECT THE BOARD OF ELECTIONS TO SUBMIT THE QUESTION OF THE AUTHORITY TO AGGREGATE TO THE ELECTORS OF THE RESPECTIVE MUNICIPAL CORPORATION, TOWNSHIP, OR UNINCORPORATED AREA OF A COUNTY AT A SPECIAL ELECTION ON THE DAY OF THE NEXT PRIMARY OR GENERAL ELECTION IN THE MUNICIPAL CORPORATION, TOWNSHIP, OR COUNTY. THE LEGISLATIVE AUTHORITY OR BOARD SHALL CERTIFY A COPY OF THE ORDINANCE OR RESOLUTION TO THE BOARD OF ELECTIONS NOT LESS THAN SEVENTY-FIVE DAYS BEFORE THE DAY OF THE SPECIAL ELECTION. NO ORDINANCE OR RESOLUTION ADOPTED UNDER DIVISION (A) OF THIS SECTION THAT PROVIDES FOR AN ELECTION UNDER THIS DIVISION SHALL TAKE EFFECT UNLESS APPROVED BY A MAJORITY OF THE ELECTORS VOTING UPON THE ORDINANCE OR RESOLUTION AT THE ELECTION HELD PURSUANT TO THIS DIVISION.
(C) UPON THE APPLICABLE REQUISITE AUTHORITY UNDER DIVISIONS (A) AND (B) OF THIS SECTION, THE LEGISLATIVE AUTHORITY OR BOARD SHALL DEVELOP A PLAN OF OPERATION AND GOVERNANCE FOR THE AGGREGATION PROGRAM SO AUTHORIZED. BEFORE ADOPTING A PLAN UNDER THIS DIVISION, THE LEGISLATIVE AUTHORITY OR BOARD SHALL HOLD AT LEAST TWO PUBLIC HEARINGS ON THE PLAN. BEFORE THE FIRST HEARING, THE LEGISLATIVE AUTHORITY OR BOARD SHALL PUBLISH NOTICE OF THE HEARINGS ONCE A WEEK FOR TWO CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE JURISDICTION. THE NOTICE SHALL SUMMARIZE THE PLAN AND STATE THE DATE, TIME, AND LOCATION OF EACH HEARING.
(D) NO LEGISLATIVE AUTHORITY OR BOARD, PURSUANT TO AN ORDINANCE OR
RESOLUTION UNDER DIVISIONS (A) AND (B) OF THIS SECTION THAT
PROVIDES FOR AUTOMATIC AGGREGATION AS DESCRIBED IN DIVISION (A) OF THIS
SECTION, SHALL AGGREGATE THE ELECTRICAL LOAD OF ANY ELECTRIC LOAD CENTER
LOCATED WITHIN ITS JURISDICTION UNLESS IT IN ADVANCE CLEARLY DISCLOSES TO THE
PERSON OWNING, OCCUPYING, CONTROLLING, OR USING THE LOAD CENTER THAT THE PERSON
WILL BE ENROLLED AUTOMATICALLY IN THE AGGREGATION PROGRAM AND WILL REMAIN SO
ENROLLED UNLESS THE PERSON AFFIRMATIVELY ELECTS BY A STATED PROCEDURE NOT TO BE
SO ENROLLED. THE DISCLOSURE SHALL STATE PROMINENTLY THE RATES, CHARGES, AND
OTHER TERMS AND CONDITIONS OF ENROLLMENT. THE STATED PROCEDURE SHALL ALLOW ANY
PERSON ENROLLED IN THE AGGREGATION PROGRAM THE
(E)(1) WITH RESPECT TO A GOVERNMENTAL AGGREGATION FOR A MUNICIPAL CORPORATION THAT IS AUTHORIZED PURSUANT TO DIVISION (A) TO (D) OF THIS SECTION, RESOLUTIONS MAY BE PROPOSED BY INITIATIVE OR REFERENDUM PETITIONS IN ACCORDANCE WITH SECTIONS 731.28 TO 731.41 OF THE REVISED CODE.
(2) WITH RESPECT TO A GOVERNMENTAL AGGREGATION FOR A TOWNSHIP OR THE UNINCORPORATED AREA OF A COUNTY, WHICH AGGREGATION IS AUTHORIZED PURSUANT TO DIVISION (A) TO (D) OF THIS SECTION, RESOLUTIONS MAY BE PROPOSED BY INITIATIVE OR REFERENDUM PETITIONS IN ACCORDANCE WITH SECTIONS 731.28 TO 731.40 OF THE REVISED CODE, EXCEPT THAT:
(a) THE PETITIONS SHALL BE FILED, RESPECTIVELY, WITH THE TOWNSHIP
CLERK OR THE BOARD OF
(b) THE PETITIONS SHALL CONTAIN THE SIGNATURES OF NOT LESS THAN TEN PER CENT OF THE TOTAL NUMBER OF ELECTORS IN, RESPECTIVELY, THE TOWNSHIP OR THE UNINCORPORATED AREA OF THE COUNTY WHO VOTED FOR THE OFFICE OF GOVERNOR AT THE PRECEDING GENERAL ELECTION FOR THAT OFFICE IN THAT AREA.
(F) A GOVERNMENTAL AGGREGATOR UNDER DIVISION (A) OF THIS SECTION IS NOT A PUBLIC UTILITY ENGAGING IN THE WHOLESALE PURCHASE AND RESALE OF ELECTRICITY, AND PROVISION OF THE AGGREGATED SERVICE IS NOT A WHOLESALE UTILITY TRANSACTION. A GOVERNMENTAL AGGREGATOR SHALL BE SUBJECT TO SUPERVISION AND REGULATION BY THE PUBLIC UTILITIES COMMISSION ONLY TO THE EXTENT OF ANY COMPETITIVE RETAIL ELECTRIC SERVICE IT PROVIDES AND COMMISSION AUTHORITY UNDER THIS CHAPTER.
(G) THIS SECTION DOES NOT APPLY IN THE CASE OF A MUNICIPAL CORPORATION THAT SUPPLIES SUCH AGGREGATED SERVICE TO ELECTRIC LOAD CENTERS TO WHICH ITS MUNICIPAL ELECTRIC UTILITY ALSO SUPPLIES A NONCOMPETITIVE RETAIL ELECTRIC SERVICE THROUGH TRANSMISSION OR DISTRIBUTION FACILITIES THE UTILITY SINGLY OR JOINTLY OWNS OR OPERATES.
Sec. 4928.31. (A) NOT LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, AN ELECTRIC UTILITY SUPPLYING RETAIL ELECTRIC SERVICE IN THIS STATE ON THAT DATE SHALL FILE WITH THE PUBLIC UTILITIES COMMISSION A PLAN FOR THE UTILITY'S PROVISION OF RETAIL ELECTRIC SERVICE IN THIS STATE DURING THE MARKET DEVELOPMENT PERIOD. THIS TRANSITION PLAN SHALL BE IN SUCH FORM AS THE COMMISSION SHALL PRESCRIBE BY RULE ADOPTED UNDER DIVISION (A) OF SECTION 4928.06 of the Revised Code AND SHALL INCLUDE ALL OF THE FOLLOWING:
(1) A RATE UNBUNDLING PLAN THAT SPECIFIES, CONSISTENT WITH DIVISIONS (A)(1) TO (7) OF SECTION 4928.34 of the Revised Code AND ANY RULES ADOPTED BY THE COMMISSION UNDER DIVISION (A) OF SECTION 4928.06 of the Revised Code, THE UNBUNDLED COMPONENTS FOR ELECTRIC GENERATION, TRANSMISSION, AND DISTRIBUTION SERVICE AND SUCH OTHER UNBUNDLED SERVICE COMPONENTS AS THE COMMISSION REQUIRES, TO BE CHARGED BY THE UTILITY BEGINNING ON THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE AND THAT INCLUDES INFORMATION THE COMMISSION REQUIRES TO FIX AND DETERMINE THOSE COMPONENTS;
(2) A CORPORATE SEPARATION PLAN CONSISTENT WITH SECTION 4928.17 OF THE REVISED CODE AND ANY RULES ADOPTED BY THE COMMISSION UNDER DIVISION (A) OF SECTION 4928.06 of the Revised Code;
(3) SUCH PLAN OR PLANS AS THE COMMISSION REQUIRES TO ADDRESS OPERATIONAL SUPPORT SYSTEMS AND ANY OTHER TECHNICAL IMPLEMENTATION ISSUES PERTAINING TO COMPETITIVE RETAIL ELECTRIC SERVICE CONSISTENT WITH ANY RULES ADOPTED BY THE COMMISSION UNDER DIVISION (A) OF SECTION 4928.06 of the Revised Code;
(4) AN EMPLOYEE ASSISTANCE PLAN FOR PROVIDING SEVERANCE, RETRAINING, EARLY RETIREMENT, RETENTION, OUTPLACEMENT, AND OTHER ASSISTANCE FOR THE UTILITY'S EMPLOYEES WHOSE EMPLOYMENT IS AFFECTED BY ELECTRIC INDUSTRY RESTRUCTURING UNDER THIS CHAPTER;
(5) A CONSUMER EDUCATION PLAN CONSISTENT WITH SECTION 4928.42 of the Revised Code AND ANY RULES ADOPTED BY THE COMMISSION UNDER DIVISION (A) OF SECTION 4928.06 of the Revised Code.
A TRANSITION PLAN UNDER THIS SECTION MAY INCLUDE TARIFF TERMS AND CONDITIONS
TO ADDRESS REASONABLE REQUIREMENTS FOR CHANGING SUPPLIERS, LENGTH OF COMMITMENT
BY A CUSTOMER FOR SERVICE, AND SUCH OTHER MATTERS AS ARE NECESSARY TO
ACCOMMODATE ELECTRIC RESTRUCTURING. ADDITIONALLY, A TRANSITION PLAN UNDER THIS
SECTION MAY INCLUDE AN APPLICATION FOR THE
THE COMMISSION MAY REJECT AND REQUIRE REFILING, IN WHOLE OR IN PART, OF ANY SUBSTANTIALLY INADEQUATE TRANSITION PLAN.
(B) THE ELECTRIC UTILITY SHALL PROVIDE PUBLIC NOTICE OF ITS FILING UNDER DIVISION (A) OF THIS SECTION, IN A FORM AND MANNER THAT THE COMMISSION SHALL PRESCRIBE BY RULE ADOPTED UNDER DIVISION (A) OF SECTION 4928.06 of the Revised Code. HOWEVER, THE ADOPTION OF RULES REGARDING THE PUBLIC NOTICE UNDER THIS DIVISION, REGARDING THE FORM OF THE TRANSITION PLAN UNDER DIVISION (A) OF THIS SECTION, AND REGARDING PROCEDURES FOR EXPEDITED DISCOVERY UNDER DIVISION (A) OF SECTION 4928.32 of the Revised Code ARE NOT SUBJECT TO DIVISION (D) OF SECTION 111.15 of the Revised Code.
Sec. 4928.32. (A) THE PUBLIC UTILITIES COMMISSION SHALL ESTABLISH REASONABLE PROCEDURES FOR EXPEDITED DISCOVERY IN ANY PROCEEDING INITIATED TO CONSIDER A TRANSITION PLAN FILED UNDER SECTION 4928.31 of the Revised Code.
(B) NOT LATER THAN FORTY-FIVE DAYS AFTER THE DATE ON WHICH AN ELECTRIC UTILITY FILES A TRANSITION PLAN UNDER SECTION 4928.31 OF THE REVISED CODE, ANY PERSON HAVING A REAL AND SUBSTANTIAL INTEREST IN THE TRANSITION PLAN MAY FILE WITH THE COMMISSION PRELIMINARY OBJECTIONS TO THE TRANSITION PLAN, WHICH SHALL IDENTIFY WITH SPECIFICITY ISSUES PERTAINING TO ANY ASPECT OF THE TRANSITION PLAN, AND ANY SUCH PERSON MAY PROPOSE SPECIFIC RESPONSES TO THOSE ISSUES. THE COMMISSION SHALL ADDRESS THOSE OBJECTIONS AND RESPONSES IN ITS FINAL ORDER.
IN ADDITION, NOT LATER THAN NINETY DAYS AFTER THE PLAN'S FILING, THE COMMISSION STAFF SHALL FILE WITH THE COMMISSION A REPORT OF ITS RECOMMENDATIONS WITH RESPECT TO THE PLAN. PRIOR TO COMMISSION APPROVAL OF THE PLAN, THE COMMISSION SHALL AFFORD A HEARING UPON THOSE ASPECTS OF THE PLAN THAT THE COMMISSION DETERMINES REASONABLY REQUIRE A HEARING.
(C) THE COMMISSION SHALL MAINTAIN A COMPLETE RECORD OF ALL PROCEEDINGS RELATIVE TO A TRANSITION PLAN FILED UNDER SECTION 4928.31 OF THE REVISED CODE AND SHALL ISSUE AND FILE WITH THE RECORD OF THE CASE FINDINGS OF FACT AND WRITTEN OPINIONS SETTING FORTH THE REASONS FOR ANY MODIFICATION TO OR ITS APPROVAL OF A TRANSITION PLAN.
Sec. 4928.33. (A) NOT LATER THAN TWO HUNDRED SEVENTY-FIVE DAYS AFTER THE DATE AN ELECTRIC UTILITY FILES A TRANSITION PLAN UNDER SECTION 4928.31 OF THE REVISED CODE, BUT, IN ANY EVENT, NOT LATER THAN OCTOBER 31, 2000, THE PUBLIC UTILITIES COMMISSION SHALL ISSUE A FINAL ORDER APPROVING THE TRANSITION PLAN AS FILED UNDER SECTION 4928.31 OF THE REVISED CODE OR AN ORDER MODIFYING AND APPROVING THAT PLAN. THE ORDER IS SUBJECT TO SECTION 4903.15 of the Revised Code AND IS SUBJECT TO REVIEW AND APPEAL UNDER CHAPTER 4903. of the Revised Code.
(B) IF THE COMMISSION FAILS TO ISSUE, BY OCTOBER 31, 2000, A FINAL ORDER APPROVING A TRANSITION PLAN, OR SUCH A FINAL ORDER HAS BEEN ENJOINED IN WHOLE OR IN PART PENDING APPEAL TO A COURT, THE COMMISSION SHALL ISSUE AN INTERIM ORDER PRESCRIBING A TRANSITION PLAN, TO HAVE EFFECT ON AN INTERIM BASIS ONLY, AND CONTAINING THE PLAN COMPONENTS REQUIRED BY DIVISION (A) OF SECTION 4928.31 of the Revised Code AND PROVIDING FOR THE OPPORTUNITY FOR TRANSITION REVENUE RECEIPT IF SUCH AN APPLICATION WERE INCLUDED IN THE PLAN FILED BY THE UTILITY UNDER THAT SECTION. THE INTERIM ORDER IS SUBJECT TO SECTION 4903.15 of the Revised Code BUT IS NOT SUBJECT TO REVIEW AND APPEAL UNDER CHAPTER 4903. OF THE REVISED CODE.
AN INTERIM PLAN PRESCRIBED UNDER THE INTERIM ORDER SHALL BE EFFECTIVE FOR THE ELECTRIC UTILITY BEGINNING ON THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE AND SHALL CONTINUE IN EFFECT UNTIL SUCH TIME AS ANY OTHER REPLACEMENT TRANSITION PLAN TAKES EFFECT PURSUANT TO A FINAL COMMISSION ORDER OR RESOLUTION OF AN APPEAL. ANY INTERIM PLAN SO PRESCRIBED SHALL COMPLY WITH THE APPLICABLE PROVISIONS OF SECTION 4928.34 OF THE REVISED CODE. A FINAL COMMISSION ORDER SHALL PROVIDE FOR A RECONCILIATION OF THOSE AMOUNTS DETERMINED IN THE FINAL ORDER RELATIVE TO DIVISION (A) OF SECTION 4928.31 OF THE REVISED CODE AS COMPARED TO THE INTERIM AMOUNTS AS DETERMINED UNDER THIS DIVISION.
(C) NO ELECTRIC UTILITY REQUIRED TO FILE A TRANSITION PLAN UNDER SECTION 4928.31 OF THE REVISED CODE SHALL FAIL TO IMPLEMENT A TRANSITION PLAN APPROVED OR PRESCRIBED FOR THE UTILITY BY A COMMISSION ORDER ISSUED UNDER DIVISION (A) OR (B) OF THIS SECTION. NO ELECTRIC UTILITY SHALL PROVIDE RETAIL ELECTRIC SERVICE IN THIS STATE DURING THE MARKET DEVELOPMENT PERIOD EXCEPT PURSUANT TO SUCH AN APPROVED OR PRESCRIBED TRANSITION PLAN.
Sec. 4928.34. (A) THE PUBLIC UTILITIES COMMISSION SHALL NOT APPROVE OR PRESCRIBE A TRANSITION PLAN UNDER DIVISION (A) OR (B) OF SECTION 4928.33 OF THE REVISED CODE UNLESS THE COMMISSION FIRST MAKES ALL OF THE FOLLOWING DETERMINATIONS:
(1) THE UNBUNDLED COMPONENTS FOR THE ELECTRIC TRANSMISSION COMPONENT OF RETAIL ELECTRIC SERVICE, AS SPECIFIED IN THE UTILITY'S RATE UNBUNDLING PLAN REQUIRED BY DIVISION (A)(1) OF SECTION 4928.31 of the Revised Code, EQUAL THE TARIFF RATES DETERMINED BY THE FEDERAL ENERGY REGULATORY COMMISSION THAT ARE IN EFFECT ON THE DATE OF THE APPROVAL OF THE TRANSITION PLAN UNDER SECTIONS 4928.31 TO 4928.40 OF THE REVISED CODE, AS EACH SUCH RATE IS DETERMINED APPLICABLE TO EACH PARTICULAR CUSTOMER CLASS AND RATE SCHEDULE BY THE COMMISSION. THE UNBUNDLED TRANSMISSION COMPONENT SHALL INCLUDE A SLIDING SCALE OF CHARGES UNDER DIVISION (B) OF SECTION 4905.31 OF THE REVISED CODE TO ENSURE THAT REFUNDS DETERMINED OR APPROVED BY THE FEDERAL ENERGY REGULATORY COMMISSION ARE FLOWED THROUGH TO RETAIL ELECTRIC CUSTOMERS.
(2) THE UNBUNDLED COMPONENTS FOR RETAIL ELECTRIC DISTRIBUTION SERVICE IN THE RATE UNBUNDLING PLAN EQUAL THE DIFFERENCE BETWEEN THE COSTS ATTRIBUTABLE TO THE UTILITY'S TRANSMISSION AND DISTRIBUTION RATES AND CHARGES UNDER ITS SCHEDULE OF RATES AND CHARGES IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION, BASED UPON THE RECORD IN THE MOST RECENT RATE PROCEEDING OF THE UTILITY FOR WHICH THE UTILITY'S SCHEDULE WAS ESTABLISHED, AND THE TARIFF RATES FOR ELECTRIC TRANSMISSION SERVICE DETERMINED BY THE FEDERAL ENERGY REGULATORY COMMISSION AS DESCRIBED IN DIVISION (A)(1) OF THIS SECTION.
(3) ALL OTHER UNBUNDLED COMPONENTS REQUIRED BY THE COMMISSION IN THE RATE
UNBUNDLING PLAN EQUAL THE COSTS ATTRIBUTABLE TO THE PARTICULAR
(4) THE UNBUNDLED COMPONENTS FOR RETAIL ELECTRIC GENERATION SERVICE IN THE RATE UNBUNDLING PLAN EQUAL THE RESIDUAL AMOUNT REMAINING AFTER THE DETERMINATION OF THE TRANSMISSION, DISTRIBUTION, AND OTHER UNBUNDLED COMPONENTS, AND AFTER ANY ADJUSTMENTS NECESSARY TO REFLECT THE EFFECTS OF THE AMENDMENT OF SECTION 5727.111 OF THE REVISED CODE BY SUB. S. B. NO. 3 OF THE 123rd GENERAL ASSEMBLY.
(5) ALL UNBUNDLED COMPONENTS IN THE RATE UNBUNDLING PLAN HAVE BEEN ADJUSTED
TO REFLECT ANY BASE RATE REDUCTIONS ON FILE WITH THE COMMISSION AND AS
SCHEDULED TO BE IN EFFECT BY
(6) SUBJECT TO DIVISION (A)(5) OF THIS SECTION, THE TOTAL OF ALL UNBUNDLED COMPONENTS IN THE RATE UNBUNDLING PLAN ARE CAPPED AND SHALL EQUAL DURING THE MARKET DEVELOPMENT PERIOD, EXCEPT AS SPECIFICALLY PROVIDED IN THIS CHAPTER, THE TOTAL OF ALL RATES AND CHARGES IN EFFECT UNDER THE APPLICABLE BUNDLED SCHEDULE OF THE ELECTRIC UTILITY PURSUANT TO SECTION 4905.30 OF THE REVISED CODE IN EFFECT ON THE DAY BEFORE THE EFFECTIVE DATE OF THIS SECTION, INCLUDING THE TRANSITION CHARGE DETERMINED UNDER SECTION 4928.40 of the Revised Code, ADJUSTED FOR ANY CHANGES IN THE TAXATION OF ELECTRIC UTILITIES AND RETAIL ELECTRIC SERVICE UNDER SUB. S.B. NO. 3 OF THE 123rd GENERAL ASSEMBLY, THE UNIVERSAL SERVICE RIDER AUTHORIZED BY SECTION 4928.51 of the Revised Code, AND THE TEMPORARY RIDER AUTHORIZED BY SECTION 4928.61 of the Revised Code. FOR THE PURPOSE OF THIS DIVISION, THE RATE CAP APPLICABLE TO A CUSTOMER RECEIVING ELECTRIC SERVICE PURSUANT TO AN ARRANGEMENT APPROVED BY THE COMMISSION UNDER SECTION 4905.31 OF THE REVISED CODE IS, FOR THE TERM OF THE ARRANGEMENT, THE TOTAL OF ALL RATES AND CHARGES IN EFFECT UNDER THE ARRANGEMENT. FOR ANY RATE SCHEDULE FILED PURSUANT TO SECTION 4905.30 OF THE REVISED CODE OR ANY ARRANGEMENT SUBJECT TO APPROVAL PURSUANT TO SECTION 4905.31 OF THE REVISED CODE, THE INITIAL TAX-RELATED ADJUSTMENT TO THE RATE CAP REQUIRED BY THIS DIVISION SHALL BE EQUAL TO THE RATE OF TAXATION SPECIFIED IN SECTION 5727.81 OF THE REVISED CODE AND APPLICABLE TO THE SCHEDULE OR ARRANGEMENT. TO THE EXTENT SUCH TOTAL ANNUAL AMOUNT OF THE TAX-RELATED ADJUSTMENT IS GREATER THAN OR LESS THAN THE COMPARABLE AMOUNT OF THE TOTAL ANNUAL TAX REDUCTION EXPERIENCED BY THE ELECTRIC UTILITY AS A RESULT OF THE PROVISIONS OF SUB. S.B. NO. 3 OF THE 123RD GENERAL ASSEMBLY, SUCH DIFFERENCE SHALL BE ADDRESSED BY THE COMMISSION THROUGH ACCOUNTING PROCEDURES, REFUNDS, OR AN ANNUAL SURCHARGE OR CREDIT TO CUSTOMERS, OR THROUGH OTHER APPROPRIATE MEANS, TO AVOID PLACING THE FINANCIAL RESPONSIBILITY FOR THE DIFFERENCE UPON THE ELECTRIC UTILITY OR ITS SHAREHOLDERS. ANY ADJUSTMENTS IN THE RATE OF TAXATION SPECIFIED IN 5727.81 of the Revised Code SECTION SHALL NOT OCCUR WITHOUT A CORRESPONDING ADJUSTMENT TO THE RATE CAP FOR EACH SUCH RATE SCHEDULE OR ARRANGEMENT. THE DEPARTMENT OF TAXATION SHALL ADVISE THE COMMISSION AND SELF-ASSESSORS UNDER SECTION 5727.81 OF THE REVISED CODE PRIOR TO THE EFFECTIVE DATE OF ANY CHANGE IN THE RATE OF TAXATION SPECIFIED UNDER THAT SECTION, AND THE COMMISSION SHALL MODIFY THE RATE CAP TO REFLECT THAT ADJUSTMENT SO THAT THE RATE CAP ADJUSTMENT IS EFFECTIVE AS OF THE EFFECTIVE DATE OF THE CHANGE IN THE RATE OF TAXATION. THIS DIVISION SHALL BE APPLIED, TO THE EXTENT POSSIBLE, TO ELIMINATE ANY INCREASE IN THE PRICE OF ELECTRICITY FOR CUSTOMERS THAT OTHERWISE MAY OCCUR AS A RESULT OF ESTABLISHING THE TAXES CONTEMPLATED IN SECTION 5727.81 OF THE REVISED CODE. FOR ANY RATE SCHEDULE FILED PURSUANT TO SECTION 4905.30 OF THE REVISED CODE OR ANY ARRANGEMENT SUBJECT TO APPROVAL PURSUANT TO SECTION 4905.31 OF THE REVISED CODE, THE INITIAL TAX-RELATED ADJUSTMENT TO THE RATE CAP REQUIRED BY THIS DIVISION SHALL BE EQUAL TO THE RATE OF TAXATION SPECIFIED IN SECTION 5727.81 OF THE REVISED CODE AND APPLICABLE TO THE SCHEDULE OR ARRANGEMENT. TO THE EXTENT SUCH TOTAL ANNUAL AMOUNT OF THE TAX-RELATED ADJUSTMENT IS GREATER THAN OR LESS THAN THE COMPARABLE AMOUNT OF THE TOTAL ANNUAL TAX REDUCTION EXPERIENCED BY THE ELECTRIC UTILITY AS A RESULT OF THE PROVISIONS OF SUB. S.B. NO. 3 OF THE 123RD GENERAL ASSEMBLY, SUCH DIFFERENCE SHALL BE ADDRESSED BY THE COMMISSION THROUGH ACCOUNTING PROCEDURES, REFUNDS, OR AN ANNUAL SURCHARGE OR CREDIT TO CUSTOMERS, OR THROUGH OTHER APPROPRIATE MEANS, TO AVOID PLACING THE FINANCIAL RESPONSIBILITY FOR THE DIFFERENCE UPON THE ELECTRIC UTILITY OR ITS SHAREHOLDERS. ANY ADJUSTMENTS IN THE RATE OF TAXATION SPECIFIED IN 5727.81 of the Revised Code SECTION SHALL NOT OCCUR WITHOUT A CORRESPONDING ADJUSTMENT TO THE RATE CAP FOR EACH SUCH RATE SCHEDULE OR ARRANGEMENT. THE DEPARTMENT OF TAXATION SHALL ADVISE THE COMMISSION AND SELF-ASSESSORS UNDER SECTION 5727.81 OF THE REVISED CODE PRIOR TO THE EFFECTIVE DATE OF ANY CHANGE IN THE RATE OF TAXATION SPECIFIED UNDER THAT SECTION, AND THE COMMISSION SHALL MODIFY THE RATE CAP TO REFLECT THAT ADJUSTMENT SO THAT THE RATE CAP ADJUSTMENT IS EFFECTIVE AS OF THE EFFECTIVE DATE OF THE CHANGE IN THE RATE OF TAXATION. THIS DIVISION SHALL BE APPLIED, TO THE EXTENT POSSIBLE, TO ELIMINATE ANY INCREASE IN THE PRICE OF ELECTRICITY FOR CUSTOMERS THAT OTHERWISE MAY OCCUR AS A RESULT OF ESTABLISHING THE TAXES CONTEMPLATED IN SECTION 5727.81 OF THE REVISED CODE.
(7) THE RATE UNBUNDLING PLAN COMPLIES WITH ANY RULES ADOPTED BY THE COMMISSION UNDER DIVISION (A) OF SECTION 4928.06 of the Revised Code.
(8) THE CORPORATE SEPARATION PLAN REQUIRED BY DIVISION (A)(2) OF SECTION 4928.31 of the Revised Code COMPLIES WITH SECTION 4928.17 OF THE REVISED CODE AND ANY RULES ADOPTED BY THE COMMISSION UNDER DIVISION (A) OF SECTION 4928.06 of the Revised Code.
(9) ANY PLAN OR PLANS THE COMMISSION REQUIRES TO ADDRESS OPERATIONAL SUPPORT SYSTEMS AND ANY OTHER TECHNICAL IMPLEMENTATION ISSUES PERTAINING TO COMPETITIVE RETAIL ELECTRIC SERVICE COMPLY WITH ANY RULES ADOPTED BY THE COMMISSION UNDER DIVISION (A) OF SECTION 4928.06 of the Revised Code.
(10) THE EMPLOYEE ASSISTANCE PLAN REQUIRED BY DIVISION (A)(4) OF SECTION 4928.31 of the Revised Code SUFFICIENTLY PROVIDES SEVERANCE, RETRAINING, EARLY RETIREMENT, RETENTION, OUTPLACEMENT, AND OTHER ASSISTANCE FOR THE UTILITY'S EMPLOYEES WHOSE EMPLOYMENT IS AFFECTED BY ELECTRIC INDUSTRY RESTRUCTURING UNDER THIS CHAPTER.
(11) THE CONSUMER EDUCATION PLAN REQUIRED UNDER DIVISION (A)(5) OF SECTION 4928.31 of the Revised Code COMPLIES WITH SECTION 4928.42 of the Revised Code AND ANY RULES ADOPTED BY THE COMMISSION UNDER DIVISION (A) OF SECTION 4928.06 of the Revised Code.
(12) THE TRANSITION REVENUES FOR WHICH AN ELECTRIC UTILITY IS AUTHORIZED A REVENUE OPPORTUNITY UNDER SECTIONS 4928.31 TO 4928.40 OF THE REVISED CODE ARE THE ALLOWABLE TRANSITION COSTS OF THE UTILITY AS SUCH COSTS ARE DETERMINED BY THE COMMISSION PURSUANT TO SECTION 4928.39 OF THE REVISED CODE, AND THE TRANSITION CHARGES FOR THE CUSTOMER CLASSES AND RATE SCHEDULES OF THE UTILITY ARE THE CHARGES DETERMINED PURSUANT TO SECTION 4928.40 OF THE REVISED CODE.
(13) ANY INDEPENDENT TRANSMISSION PLAN INCLUDED IN THE TRANSITION PLAN FILED UNDER SECTION 4928.31 of the Revised Code REASONABLY COMPLIES WITH SECTION 4928.12 OF THE REVISED CODE AND ANY RULES ADOPTED BY THE COMMISSION UNDER DIVISION (A) OF SECTION 4928.06 of the Revised Code, UNLESS THE COMMISSION, FOR GOOD CAUSE SHOWN, AUTHORIZES THE UTILITY TO DEFER COMPLIANCE UNTIL AN ORDER IS ISSUED UNDER DIVISION (G) OF SECTION 4928.35 of the Revised Code.
(14) THE UTILITY IS IN COMPLIANCE WITH SECTIONS 4928.01 TO 4928.11 OF THE REVISED CODE AND ANY RULES OR ORDERS OF THE COMMISSION ADOPTED OR ISSUED UNDER THOSE SECTIONS.
(15) ALL UNBUNDLED COMPONENTS IN THE RATE UNBUNDLING PLAN HAVE BEEN ADJUSTED TO REFLECT THE ELIMINATION OF THE TAX ON GROSS RECEIPTS IMPOSED BY SECTION 5727.30 OF THE REVISED CODE.
IN ADDITION, A TRANSITION PLAN APPROVED BY THE COMMISSION UNDER SECTION 4928.33 of the Revised Code BUT NOT CONTAINING AN APPROVED INDEPENDENT TRANSMISSION PLAN SHALL CONTAIN THE EXPRESS CONDITIONS THAT THE UTILITY WILL COMPLY WITH AN ORDER ISSUED UNDER DIVISION (G) OF SECTION 4928.35 of the Revised Code.
(B) SUBJECT TO DIVISION (E) OF SECTION 4928.17 OF THE REVISED CODE, IF THE COMMISSION FINDS THAT ANY PART OF THE TRANSITION PLAN WOULD CONSTITUTE AN ABANDONMENT UNDER SECTIONS 4905.20 AND 4905.21 OF THE REVISED CODE, THE COMMISSION SHALL NOT APPROVE THAT PART OF THE TRANSITION PLAN UNLESS IT MAKES THE FINDING REQUIRED FOR APPROVAL OF AN ABANDONMENT APPLICATION UNDER SECTION 4905.21 OF THE REVISED CODE. SECTIONS 4905.20 AND 4905.21 OF THE REVISED CODE OTHERWISE SHALL NOT APPLY TO A TRANSITION PLAN UNDER SECTIONS 4928.31 TO 4928.40 OF THE REVISED CODE.
Sec. 4928.35. (A) UPON APPROVAL OF ITS TRANSITION PLAN UNDER SECTIONS 4928.31 TO 4928.40 of the Revised Code, AN ELECTRIC UTILITY SHALL FILE IN ACCORDANCE WITH SECTION 4905.30 of the Revised Code SCHEDULES CONTAINING THE UNBUNDLED RATE COMPONENTS SET IN THE APPROVED PLAN IN ACCORDANCE WITH SECTION 4928.34 of the Revised Code. THE SCHEDULES SHALL BE IN EFFECT FOR THE DURATION OF THE UTILITY'S MARKET DEVELOPMENT PERIOD, SHALL BE SUBJECT TO THE CAP SPECIFIED IN DIVISION (A)(6) OF SECTION 4928.34 of the Revised Code, AND SHALL NOT BE ADJUSTED DURING THAT PERIOD BY THE PUBLIC UTILITIES COMMISSION EXCEPT AS OTHERWISE AUTHORIZED BY DIVISION (B) OF THIS SECTION OR AS OTHERWISE AUTHORIZED BY FEDERAL LAW OR EXCEPT TO REFLECT ANY CHANGE IN TAX LAW OR TAX REGULATION THAT HAS A MATERIAL EFFECT ON THE ELECTRIC UTILITY.
(B) EFFORTS SHALL BE MADE TO REACH AGREEMENTS WITH ELECTRIC UTILITIES IN MATTERS OF LITIGATION REGARDING PROPERTY VALUATION ISSUES. IRRESPECTIVE OF THOSE EFFORTS, THE UNBUNDLED COMPONENTS FOR AN ELECTRIC UTILITY'S RETAIL ELECTRIC GENERATION SERVICE AND DISTRIBUTION SERVICE, AS PROVIDED IN DIVISION (A) OF THIS SECTION, ARE NOT SUBJECT TO ADJUSTMENT FOR THE UTILITY'S MARKET DEVELOPMENT PERIOD, EXCEPT THAT THE COMMISSION SHALL ORDER AN EQUITABLE REDUCTION IN THOSE COMPONENTS FOR ALL CUSTOMER CLASSES TO REFLECT ANY REFUND A UTILITY RECEIVES AS A RESULT OF THE RESOLUTION OF UTILITY PERSONAL PROPERTY TAX VALUATION LITIGATION THAT IS RESOLVED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION AND NOT LATER THAN DECEMBER 31, 2005. IMMEDIATELY UPON THE ISSUANCE OF THAT ORDER, THE ELECTRIC UTILITY SHALL FILE REVISED RATE SCHEDULES UNDER SECTION 4909.18 of the Revised Code TO EFFECT THE ORDER.
(C) THE SCHEDULE UNDER DIVISION (A) OF THIS SECTION CONTAINING THE UNBUNDLED DISTRIBUTION COMPONENTS SHALL PROVIDE THAT ELECTRIC DISTRIBUTION SERVICE UNDER THE SCHEDULE WILL BE AVAILABLE TO ALL RETAIL ELECTRIC SERVICE CUSTOMERS IN THE ELECTRIC UTILITY'S CERTIFIED TERRITORY AND THEIR SUPPLIERS ON A NONDISCRIMINATORY AND COMPARABLE BASIS ON AND AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE. THE SCHEDULE ALSO SHALL INCLUDE AN OBLIGATION TO BUILD DISTRIBUTION FACILITIES WHEN NECESSARY TO PROVIDE ADEQUATE DISTRIBUTION SERVICE, PROVIDED THAT A CUSTOMER REQUESTING THAT SERVICE MAY BE REQUIRED TO PAY ALL OR PART OF THE REASONABLE INCREMENTAL COST OF THE NEW FACILITIES, IN ACCORDANCE WITH RULES, POLICY, PRECEDENTS, OR ORDERS OF THE COMMISSION.
(D) DURING THE MARKET DEVELOPMENT PERIOD, AN ELECTRIC DISTRIBUTION UTILITY SHALL PROVIDE CONSUMERS ON A COMPARABLE AND NONDISCRIMINATORY BASIS WITHIN ITS CERTIFIED TERRITORY A STANDARD SERVICE OFFER OF ALL COMPETITIVE RETAIL ELECTRIC SERVICES NECESSARY TO MAINTAIN ESSENTIAL ELECTRIC SERVICE TO CONSUMERS, INCLUDING A FIRM SUPPLY OF ELECTRIC GENERATION SERVICE PRICED IN ACCORDANCE WITH THE SCHEDULE CONTAINING THE UTILITY'S UNBUNDLED GENERATION SERVICE COMPONENT. IMMEDIATELY UPON APPROVAL OF ITS TRANSITION PLAN, THE UTILITY SHALL FILE THE STANDARD SERVICE OFFER WITH THE COMMISSION UNDER SECTION 4909.18 of the Revised Code. DURING THE MARKET DEVELOPMENT PERIOD, THE FAILURE OF A SUPPLIER TO DELIVER RETAIL ELECTRIC GENERATION SERVICE SHALL RESULT IN THE SUPPLIER'S CUSTOMERS, AFTER REASONABLE NOTICE, DEFAULTING TO THE UTILITY'S STANDARD SERVICE OFFER FILED UNDER THIS DIVISION UNTIL THE CUSTOMER CHOOSES AN ALTERNATIVE SUPPLIER. A SUPPLIER IS DEEMED UNDER THIS SECTION TO HAVE FAILED TO DELIVER SUCH SERVICE IF ANY OF THE CONDITIONS SPECIFIED IN DIVISIONS (B)(1) TO (4) OF SECTION 4928.14 of the Revised Code IS MET.
(E) AN AMENDMENT OF A CORPORATE SEPARATION PLAN CONTAINED IN A TRANSITION PLAN APPROVED BY THE COMMISSION UNDER SECTION 4928.33 OF THE REVISED CODE SHALL BE FILED AND APPROVED AS A CORPORATE SEPARATION PLAN PURSUANT TO SECTION 4928.17 OF THE REVISED CODE.
(F) ANY CHANGE TO AN ELECTRIC UTILITY'S OPPORTUNITY TO RECEIVE TRANSITION REVENUES UNDER A TRANSITION PLAN APPROVED IN ACCORDANCE WITH SECTION 4928.33 OF THE REVISED CODE SHALL BE AUTHORIZED ONLY AS PROVIDED IN SECTIONS 4928.31 TO 4928.40 OF THE REVISED CODE.
(G) THE COMMISSION, BY ORDER, SHALL REQUIRE EACH ELECTRIC UTILITY WHOSE APPROVED TRANSITION PLAN DID NOT INCLUDE AN INDEPENDENT TRANSMISSION PLAN AS DESCRIBED IN DIVISION (A)(13) OF SECTION 4928.34 of the Revised Code TO BE A MEMBER OF, AND TRANSFER CONTROL OF TRANSMISSION FACILITIES IT OWNS OR CONTROLS IN THIS STATE TO, ONE OR MORE QUALIFYING TRANSMISSION ENTITIES, AS DESCRIBED IN DIVISION (B) OF SECTION 4928.12 of the Revised Code, THAT ARE PLANNED TO BE OPERATIONAL ON AND AFTER DECEMBER 31, 2003. HOWEVER, THE COMMISSION MAY EXTEND THAT DATE IF, FOR REASONS BEYOND THE CONTROL OF THE UTILITY, A QUALIFYING TRANSMISSION ENTITY IS NOT PLANNED TO BE OPERATIONAL ON THAT DATE. THE COMMISSION'S ORDER MAY SPECIFY AN EARLIER DATE ON WHICH THE TRANSMISSION ENTITY OR ENTITIES ARE PLANNED TO BE OPERATIONAL IF THE COMMISSION CONSIDERS IT NECESSARY TO CARRY OUT THE POLICY SPECIFIED IN SECTION 4928.02 of the Revised Code OR TO ENCOURAGE EFFECTIVE COMPETITION IN RETAIL ELECTRIC SERVICE IN THIS STATE.
UPON THE ISSUANCE OF THE ORDER, EACH SUCH UTILITY SHALL FILE WITH THE COMMISSION A PLAN FOR SUCH INDEPENDENT OPERATION OF THE UTILITY'S TRANSMISSION FACILITIES CONSISTENT WITH THIS DIVISION. THE COMMISSION MAY REJECT AND REQUIRE REFILING OF ANY SUBSTANTIALLY INADEQUATE PLAN SUBMITTED UNDER THIS DIVISION.
AFTER REASONABLE NOTICE AND OPPORTUNITY FOR HEARING, THE COMMISSION SHALL APPROVE THE PLAN UPON A FINDING THAT THE PLAN WILL RESULT IN THE UTILITY'S COMPLIANCE WITH THE ORDER, THIS DIVISION, AND ANY RULES ADOPTED UNDER DIVISION (A) OF SECTION 4928.06 of the Revised Code. THE APPROVED INDEPENDENT TRANSMISSION PLAN SHALL BE DEEMED A PART OF THE UTILITY'S TRANSITION PLAN FOR PURPOSES OF SECTIONS 4928.31 TO 4928.40 of the Revised Code.
Sec. 4928.36. THE PUBLIC UTILITIES COMMISSION HAS JURISDICTION UNDER SECTION 4905.26 OF THE REVISED CODE, UPON COMPLAINT BY ANY PERSON OR UPON COMPLAINT OR INITIATIVE OF THE COMMISSION ON OR AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, TO DETERMINE WHETHER AN ELECTRIC UTILITY HAS FAILED TO IMPLEMENT, IN CONFORMANCE WITH AN ORDER UNDER SECTION 4928.33 OF THE REVISED CODE OR IN ONGOING COMPLIANCE WITH APPLICABLE PROVISIONS OF THE POLICY SPECIFIED IN SECTION 4928.02 OF THE REVISED CODE, A TRANSITION PLAN APPROVED UNDER SECTION 4928.33 OF THE REVISED CODE. IF, AFTER REASONABLE NOTICE AND OPPORTUNITY FOR HEARING AS PROVIDED IN SECTION 4905.26 OF THE REVISED CODE, THE COMMISSION DETERMINES THAT THE UTILITY HAS FAILED TO SO COMPLY, THE COMMISSION, IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW, MAY USE THE REMEDIES SPECIFIED IN DIVISIONS (C)(1) TO (3) AND (D)(1) AND (2) OF SECTION 4928.18 OF THE REVISED CODE TO ENFORCE COMPLIANCE.
Sec. 4928.37. (A)(1) SECTIONS 4928.31 TO
4928.40 of the Revised Code PROVIDE AN ELECTRIC UTILITY THE
(a) PAYMENT OF UNBUNDLED RATES FOR RETAIL ELECTRIC SERVICES BY EACH CUSTOMER THAT IS SUPPLIED RETAIL ELECTRIC GENERATION SERVICE DURING THE MARKET DEVELOPMENT PERIOD BY THE CUSTOMER'S ELECTRIC DISTRIBUTION UTILITY, WHICH RATES SHALL BE SPECIFIED IN SCHEDULES FILED UNDER SECTION 4928.35 of the Revised Code;
(b) PAYMENT OF A NONBYPASSABLE AND COMPETITIVELY NEUTRAL TRANSITION CHARGE BY EACH CUSTOMER THAT IS SUPPLIED RETAIL ELECTRIC GENERATION SERVICE DURING THE MARKET DEVELOPMENT PERIOD BY AN ENTITY OTHER THAN THE CUSTOMER'S ELECTRIC DISTRIBUTION UTILITY, AS SUCH TRANSITION CHARGE IS DETERMINED UNDER SECTION 4928.40 OF THE REVISED CODE. THE TRANSITION CHARGE SHALL BE PAYABLE BY EACH SUCH RETAIL ELECTRIC DISTRIBUTION SERVICE CUSTOMER IN THE CERTIFIED TERRITORY OF THE ELECTRIC UTILITY FOR WHICH THE TRANSITION REVENUES ARE APPROVED AND SHALL BE BILLED ON EACH KILOWATT HOUR OF ELECTRICITY DELIVERED TO THE CUSTOMER BY THE ELECTRIC DISTRIBUTION UTILITY AS REGISTERED ON THE CUSTOMER'S METER DURING THE UTILITY'S MARKET DEVELOPMENT PERIOD AS KILOWATT HOUR IS DEFINED IN SECTION 4909.161 of the Revised Code OR, IF NO METER IS USED, AS BASED ON AN ESTIMATE OF KILOWATT HOURS USED OR CONSUMED BY THE CUSTOMER. THE TRANSITION CHARGE FOR EACH CUSTOMER CLASS SHALL REFLECT THE COST ALLOCATION TO THAT CLASS AS PROVIDED UNDER BUNDLED RATES AND CHARGES IN EFFECT ON THE DAY BEFORE THE EFFECTIVE DATE OF THIS SECTION. ADDITIONALLY, AS REFLECTED IN SECTION 4928.40 of the Revised Code, THE TRANSITION CHARGES SHALL BE STRUCTURED TO PROVIDE SHOPPING INCENTIVES TO CUSTOMERS SUFFICIENT TO ENCOURAGE THE DEVELOPMENT OF EFFECTIVE COMPETITION IN THE SUPPLY OF RETAIL ELECTRIC GENERATION SERVICE. TO THE EXTENT POSSIBLE, THE LEVEL AND STRUCTURE OF THE TRANSITION CHARGE SHALL BE DESIGNED TO AVOID REVENUE RESPONSIBILITY SHIFTS AMONG THE UTILITY'S CUSTOMER CLASSES AND RATE SCHEDULES.
(2)(a) NOTWITHSTANDING DIVISION (A)(1)(b) OF THIS SECTION, THE TRANSITION CHARGE SHALL NOT BE PAYABLE ON ELECTRICITY SUPPLIED BY A MUNICIPAL ELECTRIC UTILITY TO A RETAIL ELECTRIC DISTRIBUTION SERVICE CUSTOMER IN THE CERTIFIED TERRITORY OF THE ELECTRIC UTILITY FOR WHICH THE TRANSITION REVENUES ARE APPROVED, IF THE MUNICIPAL ELECTRIC UTILITY PROVIDES ELECTRIC TRANSMISSION OR DISTRIBUTION SERVICE, OR BOTH SERVICES, THROUGH TRANSMISSION OR DISTRIBUTION FACILITIES SINGLY OR JOINTLY OWNED OR OPERATED BY THE MUNICIPAL ELECTRIC UTILITY, AND IF THE MUNICIPAL ELECTRIC UTILITY WAS IN EXISTENCE, OPERATING, AND PROVIDING SERVICE AS OF JANUARY 1, 1999.
(b) THE TRANSITION CHARGE SHALL NOT BE PAYABLE ON ELECTRICITY SUPPLIED OR CONSUMED IN THIS STATE EXCEPT SUCH ELECTRICITY AS IS DELIVERED TO A RETAIL CUSTOMER BY AN ELECTRIC DISTRIBUTION UTILITY AND IS REGISTERED ON THE CUSTOMER'S METER DURING THE UTILITY'S MARKET DEVELOPMENT PERIOD OR, IF NO METER IS USED, IS BASED ON AN ESTIMATE OF KILOWATT HOURS USED OR CONSUMED BY THE CUSTOMER. HOWEVER, NO TRANSITION CHARGE SHALL BE PAYABLE ON ELECTRICITY THAT IS BOTH PRODUCED AND CONSUMED IN THIS STATE BY A SELF-GENERATOR.
(3) THE TRANSITION CHARGE SHALL NOT BE DISCOUNTED BY ANY PARTY.
(4) NOTHING PREVENTS PAYMENT OF ALL OR PART OF THE TRANSITION CHARGE BY ANOTHER PARTY ON A CUSTOMER'S BEHALF IF THAT PAYMENT DOES NOT CONTRAVENE SECTIONS 4905.33 TO 4905.35 of the Revised Code OR THIS CHAPTER.
(B) THE ELECTRIC UTILITY SHALL SEPARATELY ITEMIZE AND DISCLOSE, OR CAUSE ITS BILLING AND COLLECTION AGENT TO SEPARATELY ITEMIZE AND DISCLOSE, THE TRANSITION CHARGE ON THE CUSTOMER'S BILL IN ACCORDANCE WITH REASONABLE SPECIFICATIONS THE COMMISSION SHALL PRESCRIBE BY RULE UNDER DIVISION (A) OF SECTION 4928.06 of the Revised Code.
Sec. 4928.38. PURSUANT TO A TRANSITION PLAN APPROVED UNDER SECTION 4928.33 OF THE REVISED CODE, AN ELECTRIC UTILITY IN THIS STATE MAY RECEIVE TRANSITION REVENUES UNDER SECTIONS 4928.31 TO 4928.40 OF THE REVISED CODE, BEGINNING ON THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE. EXCEPT AS PROVIDED IN SECTIONS 4905.33 TO 4905.35 of the Revised Code AND THIS CHAPTER, AN ELECTRIC UTILITY THAT RECEIVES SUCH TRANSITION REVENUES SHALL BE WHOLLY RESPONSIBLE FOR HOW TO USE THOSE REVENUES AND WHOLLY RESPONSIBLE FOR WHETHER IT IS IN A COMPETITIVE POSITION AFTER THE MARKET DEVELOPMENT PERIOD. THE UTILITY'S RECEIPT OF TRANSITION REVENUES SHALL TERMINATE AT THE END OF THE MARKET DEVELOPMENT PERIOD. WITH THE TERMINATION OF THAT APPROVED REVENUE SOURCE, THE UTILITY SHALL BE FULLY ON ITS OWN IN THE COMPETITIVE MARKET. THE COMMISSION SHALL NOT AUTHORIZE THE RECEIPT OF TRANSITION REVENUES OR ANY EQUIVALENT REVENUES BY AN ELECTRIC UTILITY EXCEPT AS EXPRESSLY AUTHORIZED IN SECTIONS 4928.31 TO 4928.40 OF THE REVISED CODE.
Sec. 4928.39. UPON THE FILING OF AN APPLICATION BY AN ELECTRIC UTILITY UNDER SECTION 4928.31 of the Revised Code FOR THE OPPORTUNITY TO RECEIVE TRANSITION REVENUES UNDER SECTIONS 4928.31 TO 4928.40 of the Revised Code, THE PUBLIC UTILITIES COMMISSION, BY ORDER UNDER SECTION 4928.33 of the Revised Code, SHALL DETERMINE THE TOTAL ALLOWABLE AMOUNT OF THE TRANSITION COSTS OF THE UTILITY TO BE RECEIVED AS TRANSITION REVENUES UNDER THOSE SECTIONS. SUCH AMOUNT SHALL BE THE JUST AND REASONABLE TRANSITION COSTS OF THE UTILITY, WHICH COSTS THE COMMISSION FINDS MEET ALL OF THE FOLLOWING CRITERIA:
(A) THE COSTS WERE PRUDENTLY INCURRED.
(B) THE COSTS ARE LEGITIMATE, NET, VERIFIABLE, AND DIRECTLY ASSIGNABLE OR ALLOCABLE TO RETAIL ELECTRIC GENERATION SERVICE PROVIDED TO ELECTRIC CONSUMERS IN THIS STATE.
(C) THE COSTS ARE UNRECOVERABLE IN A COMPETITIVE MARKET.
(D) THE UTILITY WOULD OTHERWISE BE ENTITLED AN
TRANSITION COSTS UNDER THIS SECTION SHALL INCLUDE THE COSTS OF EMPLOYEE ASSISTANCE UNDER THE EMPLOYEE ASSISTANCE PLAN INCLUDED IN THE UTILITY'S APPROVED TRANSITION PLAN UNDER SECTION 4928.33 of the Revised Code, WHICH COSTS EXCEED THOSE COSTS CONTEMPLATED IN LABOR CONTRACTS IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION.
FURTHER, THE COMMISSION'S ORDER UNDER THIS SECTION SHALL SEPARATELY IDENTIFY REGULATORY ASSETS OF THE UTILITY THAT ARE A PART OF THE TOTAL ALLOWABLE AMOUNT OF TRANSITION COSTS DETERMINED UNDER THIS SECTION AND SEPARATELY IDENTIFY THAT PORTION OF A TRANSITION CHARGE DETERMINED UNDER SECTION 4928.40 of the Revised Code THAT IS ALLOCABLE TO THOSE ASSETS, WHICH PORTION OF A TRANSITION CHARGE SHALL BE SUBJECT TO ADJUSTMENT ONLY PROSPECTIVELY AND AFTER DECEMBER 31, 2004, UNLESS THE COMMISSION AUTHORIZES AN ADJUSTMENT PROSPECTIVELY WITH AN EARLIER DATE FOR ANY CUSTOMER CLASS BASED UPON AN EARLIER TERMINATION OF THE UTILITY'S MARKET DEVELOPMENT PERIOD PURSUANT TO DIVISION (B)(2) OF SECTION 4928.40 of the Revised Code.
THE ELECTRIC UTILITY SHALL HAVE THE BURDEN OF DEMONSTRATING ALLOWABLE TRANSITION COSTS AS AUTHORIZED UNDER THIS SECTION. THE COMMISSION MAY IMPOSE REASONABLE COMMITMENTS UPON THE UTILITY'S COLLECTION OF THE TRANSITION REVENUES TO ENSURE THAT THOSE REVENUES ARE USED TO ELIMINATE THE ALLOWABLE TRANSITION COSTS OF THE UTILITY DURING THE MARKET DEVELOPMENT PERIOD AND ARE NOT AVAILABLE FOR USE BY THE UTILITY TO ACHIEVE AN UNDUE COMPETITIVE ADVANTAGE, OR TO IMPOSE AN UNDUE DISADVANTAGE, IN THE PROVISION BY THE UTILITY OF REGULATED OR UNREGULATED PRODUCTS OR SERVICES.
Sec. 4928.40. (A) UPON DETERMINING UNDER
SECTION 4928.39 of the Revised Code THE ALLOWABLE TRANSITION
COSTS OF AN ELECTRIC UTILITY AUTHORIZED FOR COLLECTION AS TRANSITION REVENUES
UNDER SECTIONS 4928.31 TO 4928.40 of the Revised Code, THE PUBLIC
UTILITIES COMMISSION, BY ORDER UNDER SECTION 4928.33 of the Revised Code,
SHALL ESTABLISH THE TRANSITION CHARGE FOR EACH CUSTOMER CLASS OF THE ELECTRIC
UTILITY AND, TO THE EXTENT POSSIBLE, EACH RATE SCHEDULE WITHIN EACH SUCH
CUSTOMER CLASS, WITH ALL SUCH TRANSITION CHARGES BEING COLLECTED AS PROVIDED IN
DIVISION (A)(1)(b) OF SECTION 4928.37 of the Revised Code
DURING A MARKET DEVELOPMENT PERIOD FOR THE UTILITY, ENDING ON SUCH DATE AS THE
COMMISSION SHALL REASONABLY PRESCRIBE. THE MARKET DEVELOPMENT PERIOD SHALL END
ON
FACTORS THE COMMISSION SHALL CONSIDER IN PRESCRIBING THE EXPIRATION DATE OF THE UTILITY'S MARKET DEVELOPMENT PERIOD AND THE TRANSITION CHARGE FOR EACH CUSTOMER CLASS AND RATE SCHEDULE OF THE UTILITY INCLUDE, BUT ARE NOT LIMITED TO, THE TOTAL ALLOWABLE AMOUNT OF TRANSITION COSTS OF THE ELECTRIC UTILITY AS DETERMINED UNDER SECTION 4928.39 of the Revised Code; THE RELEVANT MARKET PRICE FOR THE DELIVERED SUPPLY OF ELECTRICITY TO CUSTOMERS IN THAT CUSTOMER CLASS AND, TO THE EXTENT POSSIBLE, IN EACH RATE SCHEDULE AS DETERMINED BY THE COMMISSION; AND SUCH SHOPPING INCENTIVES BY CUSTOMER CLASS AS ARE CONSIDERED NECESSARY TO INDUCE, AT THE MINIMUM, A TWENTY PER CENT LOAD SWITCHING RATE BY CUSTOMER CLASS HALFWAY THROUGH THE UTILITY'S MARKET DEVELOPMENT PERIOD BUT NOT LATER THAN DECEMBER 31, 2003. IN NO CASE SHALL THE COMMISSION ESTABLISH A SHOPPING INCENTIVE IN AN AMOUNT EXCEEDING THE UNBUNDLED COMPONENT FOR RETAIL ELECTRIC GENERATION SERVICE SET IN THE UTILITY'S APPROVED TRANSITION PLAN UNDER SECTION 4928.33 of the Revised Code, AND IN NO CASE SHALL THE COMMISSION ESTABLISH A TRANSITION CHARGE IN AN AMOUNT LESS THAN ZERO.
(B)(1) THE COMMISSION MAY CONDUCT A PERIODIC REVIEW NO MORE OFTEN THAN ANNUALLY AND, AS IT DETERMINES NECESSARY, ADJUST THE TRANSITION CHARGES OF THE ELECTRIC UTILITY AS INITIALLY ESTABLISHED UNDER DIVISION (A) OF THIS SECTION OR SUBSEQUENTLY ADJUSTED UNDER THIS DIVISION. ANY SUCH ADJUSTMENT SHALL BE IN ACCORDANCE WITH DIVISION (A) OF THIS SECTION AND MAY REFLECT CHANGES IN THE RELEVANT MARKET.
(2) FOR PURPOSES OF THIS CHAPTER, THE MARKET DEVELOPMENT PERIOD SHALL NOT END EARLIER THAN DECEMBER 31, 2005, UNLESS, UPON APPLICATION BY AN ELECTRIC UTILITY, THE COMMISSION ISSUES AN ORDER AUTHORIZING SUCH EARLIER DATE FOR ONE OR MORE CUSTOMER CLASSES AS IS SPECIFIED IN THE ORDER, UPON A DEMONSTRATION BY THE UTILITY AND A FINDING BY THE COMMISSION OF EITHER OF THE FOLLOWING:
(a) THERE IS A TWENTY PER CENT SWITCHING RATE OF THE UTILITY'S LOAD BY THE CUSTOMER CLASS.
(b) EFFECTIVE COMPETITION EXISTS IN THE UTILITY'S CERTIFIED TERRITORY.
(C) NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER, THE COMMISSION
SHALL ISSUE AN ORDER UNDER SECTION 4928.33 of the Revised Code
APPROVING A TRANSITION PLAN FOR AN ELECTRIC UTILITY THAT CONTAINS A RATE
REDUCTION FOR RESIDENTIAL CUSTOMERS OF THAT UTILITY, PROVIDED THAT THE RATE
REDUCTION SHALL NOT INCREASE THE RATES OR TRANSITION COST RESPONSIBILITY OF ANY
OTHER CUSTOMER CLASS OF THE UTILITY. THE RATE REDUCTION SHALL BE IN EFFECT ONLY
FOR SUCH PORTION OF THE UTILITY'S MARKET DEVELOPMENT PERIOD AS THE COMMISSION
SHALL SPECIFY AND SHALL BE APPLIED TO THE UNBUNDLED GENERATION COMPONENT FOR
RETAIL ELECTRIC GENERATION SERVICE AS SET IN THE UTILITY'S APPROVED TRANSITION
PLAN UNDER SECTION 4928.33 of the Revised Code SUBJECT TO THE
PRICE CAP FOR RESIDENTIAL CUSTOMERS REQUIRED UNDER DIVISION (A)(6) OF SECTION 4928.34 of the Revised Code.
THE AMOUNT OF THE RATE REDUCTION SHALL BE FIVE PER CENT OF THE AMOUNT OF THAT
UNBUNDLED GENERATION COMPONENT, BUT SHALL NOT UNDULY DISCOURAGE MARKET ENTRY BY
ALTERNATIVE SUPPLIERS SEEKING TO SERVE THE RESIDENTIAL MARKET IN THIS STATE.
THE COMMISSION, AFTER REASONABLE NOTICE AND
(D) BEGINNING ON THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, NO ELECTRIC UTILITY IN THIS STATE SHALL PROHIBIT THE RESALE OF ELECTRIC GENERATION SERVICE OR IMPOSE UNREASONABLE OR DISCRIMINATORY CONDITIONS OR LIMITATIONS ON THE RESALE OF ELECTRIC GENERATION SERVICE.
(E) NOTWITHSTANDING ANY PROVISION OF TITLE XLIX OF THE REVISED CODE TO THE CONTRARY, ANY CUSTOMER THAT RECEIVES A NONCOMPETITIVE RETAIL ELECTRIC SERVICE FROM AN ELECTRIC DISTRIBUTION UTILITY SHALL BE A RETAIL ELECTRIC DISTRIBUTION SERVICE CUSTOMER, IRRESPECTIVE OF THE VOLTAGE LEVEL AT WHICH SERVICE IS TAKEN.
Sec. 4928.41. THE TRANSITION REVENUE AUTHORITY PROVIDED UNDER SECTIONS 4928.31 TO 4928.40 OF THE REVISED CODE FOR ELECTRIC UTILITIES DOES NOT AFFECT THE AUTHORITY OF AN ELECTRIC COOPERATIVE IN THIS STATE TO RECEIVE TRANSITION REVENUES.
Sec. 4928.42. PRIOR TO THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, THE PUBLIC UTILITIES COMMISSION, IN CONSULTATION WITH THE CONSUMERS' COUNSEL AND WITH OTHER STATE AGENCIES AS CONSIDERED NECESSARY, SHALL PRESCRIBE AND ADOPT BY ORDER A GENERAL PLAN BY WHICH EACH ELECTRIC UTILITY SHALL PROVIDE DURING ITS MARKET DEVELOPMENT PERIOD CONSUMER EDUCATION ON ELECTRIC RESTRUCTURING UNDER THIS CHAPTER. THE GENERAL PLAN SHALL REQUIRE THE UTILITIES TO SPEND ON SUCH CONSUMER EDUCATION WITHIN THEIR RESPECTIVE CERTIFIED SERVICE TERRITORIES IN THE AGGREGATE UP TO SIXTEEN MILLION DOLLARS IN THE FIRST YEAR OF THAT PERIOD AND AN ADDITIONAL SEVENTEEN MILLION DOLLARS IN THE AGGREGATE IN DECREASING AMOUNTS OVER THE REMAINING YEARS OF EACH UTILITY'S MARKET DEVELOPMENT PERIOD, WITH THE AGGREGATE AMOUNTS DIVIDED AMONG THE UTILITIES BASED ON THEIR RESPECTIVE NUMBER OF CUSTOMERS AS OF DECEMBER 31, 1997. THE GENERAL PLAN SHALL PROHIBIT SUCH CONSUMER EDUCATION FROM OCCURRING IN COMBINATION WITH MARKETING FOR THE UTILITY'S OR ITS AFFILIATE'S RETAIL ELECTRIC SERVICES.
Sec. 4928.43. (A) EACH STATE AGENCY THAT PROVIDES EMPLOYMENT ASSISTANCE AND JOB TRAINING PROGRAMS, INCLUDING THE BUREAU OF EMPLOYMENT SERVICES AND THE DEPARTMENT OF DEVELOPMENT, SHALL PROVIDE CONCENTRATED ATTENTION THROUGH THOSE PROGRAMS TO ASSISTING EMPLOYEES WHOSE EMPLOYMENT IS AFFECTED BY ELECTRIC INDUSTRY RESTRUCTURING UNDER THIS CHAPTER.
(B) TO THE EXTENT NOT PROHIBITED BY FEDERAL LAW OR ANY LAW OF THIS STATE AND EXCEPT AS OTHERWISE PROVIDED IN A LABOR CONTRACT OR OTHER AGREEMENT, NO UNENCUMBERED MONEY IN A PENSION FUND FOR EMPLOYEES OF ELECTRIC UTILITIES SHALL BE USED FOR ANY PURPOSE OTHER THAN TO PAY ALLOWABLE PENSIONS OR EARLY RETIREMENT BUYOUTS FOR THE EMPLOYEES.
Sec. 4928.431. (A)(1) THERE IS HEREBY
CREATED AN ELECTRIC EMPLOYEE ASSISTANCE ADVISORY BOARD, CONSISTING OF TWELVE
MEMBERS, AS FOLLOWS: TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, NEITHER OF THE SAME POLITICAL
PARTY; TWO MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT OF THE SENATE,
NEITHER OF THE SAME POLITICAL PARTY; AND FOUR REPRESENTATIVES OF ELECTRIC
UTILITIES IN THIS STATE AND FOUR REPRESENTATIVES OF ELECTRIC INDUSTRY
EMPLOYEES, ALL APPOINTED BY THE GOVERNOR. INITIAL APPOINTMENTS SHALL BE MADE
NOT LATER THAN
(2) INITIAL TERMS OF THE MEMBERS APPOINTED BY THE GOVERNOR SHALL END ON
VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS.
ANY MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION DATE
OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD
(3) THE ADVISORY BOARD SHALL SELECT A CHAIRPERSON FROM AMONG ITS MEMBERS. ONLY BOARD MEMBERS APPOINTED BY THE GOVERNOR SHALL BE VOTING MEMBERS OF THE BOARD; EACH SHALL HAVE ONE VOTE IN ALL DELIBERATIONS OF THE BOARD. A MAJORITY OF THE VOTING MEMBERS CONSTITUTES A QUORUM.
(B) THE DUTIES OF THE ADVISORY BOARD SHALL BE TO MAKE RECOMMENDATIONS TO THE PUBLIC UTILITIES COMMISSION REGARDING ITS APPROVAL OF AN EMPLOYEE ASSISTANCE PLAN FILED IN ACCORDANCE WITH SECTION 4928.31 of the Revised Code AND REGARDING GENERAL ELIGIBILITY STANDARDS APPLICABLE TO BENEFITS UNDER THE PLAN FOR AFFECTED EMPLOYEES.
Sec. 4928.44. (A) THE PUBLIC UTILITIES
COMMISSION MAY DETERMINE, BY ORDER AND AFTER REASONABLE NOTICE AND
(B) THE SERVICE SCHEDULE AUTHORIZED UNDER DIVISION (A) OF THIS SECTION, FOR THE PERIOD ENDING NOT LATER THAN DECEMBER 31, 2005, AS SPECIFIED IN THE COMMISSION'S ORDER UNDER THAT DIVISION, SHALL PROVIDE FOR DIRECT, COMPARABLE AND NONDISCRIMINATORY ACCESS TO THE TRANSMISSION AND DISTRIBUTION SERVICES, CAPACITIES, FUNCTIONS, AND FACILITIES OF THE ELECTRIC UTILITY BY ANY CUSTOMER THAT IS A NONFIRM ELECTRIC SERVICE CUSTOMER ON THE EFFECTIVE DATE OF THIS SECTION OR BY A GROUP OF ANY SUCH CUSTOMERS, FOR THE PURPOSE OF SECURING FROM A SUPPLIER OR SUPPLIERS OF THE CUSTOMER'S OR GROUP'S CHOICE ALL OR A PORTION OF THE CUSTOMER'S OR GROUP'S ELECTRIC POWER AND ENERGY REQUIREMENTS NOT SERVED BY AN ELECTRIC UTILITY DURING A TIME OF NONEMERGENCY CURTAILMENT OR INTERRUPTION.
THE FAILURE OF AN ELECTRIC UTILITY TO FILE SUCH SCHEDULE CONSTITUTES INADEQUATE SERVICE UNDER TITLE XLIX of the Revised Code.
(C) THE SERVICE OFFERING AUTHORIZED PURSUANT TO THIS SECTION SHALL BE IN ADDITION TO ANY SERVICE OPTIONS OTHERWISE AVAILABLE TO A NONFIRM ELECTRIC SERVICE CUSTOMER OR GROUP OF NONFIRM ELECTRIC SERVICE CUSTOMERS. IF A CUSTOMER THAT IS A NONFIRM ELECTRIC SERVICE CUSTOMER ON THE EFFECTIVE DATE OF THIS SECTION OR A GROUP OF SUCH CUSTOMERS ELECTS TO MEET ALL OR A PORTION OF THE CUSTOMER'S OR GROUP'S ELECTRIC POWER AND ENERGY REQUIREMENTS NOT SERVED BY AN ELECTRIC UTILITY DURING A TIME OF NONEMERGENCY CURTAILMENT OR INTERRUPTION, BY PURCHASING ELECTRICITY AND RELATED SERVICES FROM A SUPPLIER OR SUPPLIERS OTHER THAN THAT ELECTRIC UTILITY, ANY EXISTING SERVICE ARRANGEMENT UNDER SECTION 4905.31 of the Revised Code OR ANY EXISTING SCHEDULE UNDER SECTION 4905.30 of the Revised Code SHALL BE MODIFIED TO PERMIT THIS ELECTION TO OCCUR WITHOUT ECONOMIC PENALTY AND TO FACILITATE THE CUSTOMER'S OR GROUP'S ACCESS TO THE ELECTRIC MARKET FOR THE PURPOSE OF MANAGING SUPPLY AND PRICE VOLATILITY RISKS.
(D) NOTHING IN DIVISIONS (A) TO (C) OF THIS SECTION AFFECTS ANY OBLIGATION OF AN ELECTRIC UTILITY TO CURTAIL OR INTERRUPT ELECTRIC TRANSMISSION OR DISTRIBUTION SERVICE TO THE EXTENT REQUIRED TO PROTECT THE INTERESTS OF FIRM ELECTRIC SERVICE CUSTOMERS FROM AN INJURY THAT IS OTHERWISE UNAVOIDABLE BUT FOR THE CURTAILMENT OR INTERRUPTION. NOTHING IN THOSE DIVISIONS SHALL BE CONSTRUED OR APPLIED TO INCREASE RATES AND CHARGES FOR FIRM ELECTRIC SERVICE CUSTOMERS INCLUDING RESIDENTIAL FIRM ELECTRIC SERVICE CUSTOMERS.
Sec. 4928.51. (A) THERE IS HEREBY ESTABLISHED IN THE STATE TREASURY A UNIVERSAL SERVICE FUND, INTO WHICH SHALL BE DEPOSITED ALL UNIVERSAL SERVICE REVENUES REMITTED TO THE DIRECTOR OF DEVELOPMENT UNDER THIS SECTION, FOR THE EXCLUSIVE PURPOSES OF PROVIDING FUNDING FOR THE LOW-INCOME CUSTOMER ASSISTANCE PROGRAMS AND FOR THE CONSUMER EDUCATION PROGRAM AUTHORIZED UNDER SECTION 4928.56 of the Revised Code, AND PAYING THE ADMINISTRATIVE COSTS OF THE LOW-INCOME CUSTOMER ASSISTANCE PROGRAMS AND THE CONSUMER EDUCATION PROGRAM. INTEREST ON THE FUND SHALL BE CREDITED TO THE FUND. DISBURSEMENTS FROM THE FUND SHALL BE MADE TO ANY SUPPLIER THAT PROVIDES A COMPETITIVE RETAIL ELECTRIC SERVICE OR A NONCOMPETITIVE RETAIL ELECTRIC SERVICE TO A CUSTOMER WHO IS APPROVED TO RECEIVE ASSISTANCE UNDER A SPECIFIED LOW-INCOME CUSTOMER ASSISTANCE PROGRAM AND TO ANY AUTHORIZED PROVIDER OF WEATHERIZATION OR ENERGY EFFICIENCY SERVICE TO A CUSTOMER APPROVED TO RECEIVE SUCH ASSISTANCE UNDER A SPECIFIED LOW-INCOME CUSTOMER ASSISTANCE PROGRAM.
(B) UNIVERSAL SERVICE REVENUES SHALL INCLUDE ALL OF THE FOLLOWING:
(1) REVENUES REMITTED TO THE DIRECTOR AFTER COLLECTION BY AN ELECTRIC DISTRIBUTION UTILITY BEGINNING JULY 1, 2000, ATTRIBUTABLE TO THE COLLECTION FROM CUSTOMERS OF THE UNIVERSAL SERVICE RIDER PRESCRIBED UNDER SECTION 4928.52 of the Revised Code;
(2) REVENUES REMITTED TO THE DIRECTOR THAT HAVE BEEN COLLECTED BY AN ELECTRIC DISTRIBUTION UTILITY BEGINNING JULY 1, 2000, AS CUSTOMER PAYMENTS UNDER THE PERCENTAGE OF INCOME PAYMENT PLAN PROGRAM, INCLUDING REVENUES REMITTED UNDER DIVISION (C) OF THIS SECTION;
(3) ADEQUATE REVENUES REMITTED TO THE DIRECTOR AFTER COLLECTION BY A
MUNICIPAL ELECTRIC UTILITY OR ELECTRIC COOPERATIVE IN THIS STATE NOT EARLIER
THAN
(C)(1) BEGINNING JULY 1, 2000, AN ELECTRIC DISTRIBUTION UTILITY SHALL TRANSFER TO THE DIRECTOR THE RIGHT TO COLLECT ALL ARREARAGE PAYMENTS OF A CUSTOMER FOR PERCENTAGE OF INCOME PAYMENT PLAN PROGRAM DEBT OWED TO THE UTILITY ON THE DAY BEFORE THAT DATE OR RETAIN THE RIGHT TO COLLECT THAT DEBT BUT REMIT TO THE DIRECTOR ALL PROGRAM REVENUES RECEIVED BY THE UTILITY FOR THAT CUSTOMER.
(2) A CURRENT OR PAST PERCENTAGE OF INCOME PAYMENT PLAN PROGRAM CUSTOMER IS RELIEVED OF ANY PAYMENT OBLIGATION UNDER THE PERCENTAGE OF INCOME PAYMENT PROGRAM FOR ANY UNPAID ARREARS ACCRUED BY THE CUSTOMER UNDER THE PROGRAM AS OF THE EFFECTIVE DATE OF THIS SECTION IF THE CUSTOMER, AS DETERMINED BY THE DIRECTOR, MEETS BOTH OF THE FOLLOWING CRITERIA:
(a) THE CUSTOMER AS OF THAT DATE HAS COMPLIED WITH CUSTOMER PAYMENT RESPONSIBILITIES UNDER THE PROGRAM.
(b) THE CUSTOMER IS PERMANENTLY AND TOTALLY DISABLED AS DEFINED IN SECTION 5117.01 OF THE REVISED CODE OR IS SIXTY-FIVE YEARS OF AGE OR OLDER AS DEFINED IN THAT SECTION.
(D) THE PUBLIC UTILITIES COMMISSION SHALL COMPLETE AN AUDIT OF EACH
ELECTRIC UTILITY BY
Sec. 4928.52. (A) BEGINNING
(1) THE LEVEL OF THE PERCENTAGE OF INCOME PAYMENT PLAN PROGRAM RIDER IN EXISTENCE ON THE EFFECTIVE DATE OF THIS SECTION;
(2) AN AMOUNT EQUAL TO THE LEVEL OF FUNDING FOR LOW-INCOME CUSTOMER ENERGY EFFICIENCY PROGRAMS PROVIDED THROUGH ELECTRIC UTILITY RATES IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION;
(3) ANY ADDITIONAL AMOUNT NECESSARY AND SUFFICIENT TO FUND THROUGH THE UNIVERSAL SERVICE RIDER THE ADMINISTRATIVE COSTS OF THE LOW-INCOME CUSTOMER ASSISTANCE PROGRAMS AND THE CONSUMER EDUCATION PROGRAM CREATED IN SECTION 4928.56 of the Revised Code.
(B) IF, DURING OR AFTER THE FIVE-YEAR PERIOD SPECIFIED IN DIVISION (A)
OF THIS SECTION, THE DIRECTOR OF DEVELOPMENT, AFTER CONSULTATION WITH THE
PUBLIC BENEFITS ADVISORY BOARD CREATED UNDER SECTION 4928.58 of the Revised
Code, DETERMINES THAT REVENUES IN THE UNIVERSAL SERVICE FUND AND
REVENUES FROM FEDERAL OR OTHER SOURCES OF FUNDING FOR THOSE PROGRAMS, INCLUDING
GENERAL REVENUE FUND APPROPRIATIONS FOR THE OHIO ENERGY CREDIT PROGRAM,
WILL BE INSUFFICIENT TO COVER THE ADMINISTRATIVE COSTS OF THE LOW-INCOME
CUSTOMER ASSISTANCE PROGRAMS AND THE CONSUMER EDUCATION PROGRAM AND PROVIDE
ADEQUATE FUNDING FOR THOSE PROGRAMS, THE DIRECTOR SHALL FILE A PETITION WITH
THE COMMISSION FOR AN INCREASE IN THE UNIVERSAL SERVICE RIDER. THE COMMISSION,
AFTER REASONABLE NOTICE AND
(C) THE UNIVERSAL SERVICE RIDER ESTABLISHED UNDER DIVISION (A) OR (B) OF THIS SECTION SHALL BE SET IN SUCH A MANNER SO AS NOT TO SHIFT AMONG THE CUSTOMER CLASSES OF ELECTRIC DISTRIBUTION UTILITIES THE COSTS OF FUNDING LOW-INCOME CUSTOMER ASSISTANCE PROGRAMS.
Sec. 4928.53. (A) BEGINNING
(B)(1) NOT LATER THAN
(2) THE DIRECTOR'S AUTHORITY TO ADOPT RULES UNDER THIS DIVISION FOR THE OHIO
ENERGY CREDIT PROGRAM SHALL BE SUBJECT TO SUCH RULE-MAKING AUTHORITY AS IS
CONFERRED ON THE DIRECTOR BY SECTIONS 5117.01 TO 5117.12 OF THE REVISED CODE,
AS AMENDED BY SUB. S.B. NO.
3 OF THE 123rd GENERAL ASSEMBLY, EXCEPT THAT RULES INITIALLY ADOPTED BY
THE DIRECTOR FOR THE
(3) THE DIRECTOR'S AUTHORITY TO ADOPT RULES UNDER THIS DIVISION FOR THE
PERCENTAGE OF INCOME PAYMENT PLAN PROGRAM SHALL INCLUDE AUTHORITY TO ADOPT
RULES PRESCRIBING CRITERIA FOR CUSTOMER ELIGIBILITY AND POLICIES REGARDING
PAYMENT AND CREDITING ARRANGEMENTS AND RESPONSIBILITIES, PROCEDURES FOR
VERIFYING CUSTOMER ELIGIBILITY, PROCEDURES FOR DISBURSING PUBLIC FUNDS TO
SUPPLIERS AND OTHERWISE ADMINISTERING FUNDS UNDER THE DIRECTOR'S JURISDICTION,
AND REQUIREMENTS AS TO TIMELY REMITTANCES OF REVENUES DESCRIBED IN DIVISION (B)
OF SECTION 4928.51 OF THE REVISED CODE. THE DIRECTOR'S AUTHORITY
IN DIVISION (B)(3) OF THIS SECTION EXCLUDES AUTHORITY TO PRESCRIBE
SERVICE DISCONNECTION AND CUSTOMER BILLING POLICIES AND PROCEDURES AND TO
ADDRESS COMPLAINTS AGAINST SUPPLIERS UNDER THE PERCENTAGE OF PAYMENT PLAN
PROGRAM, WHICH EXCLUDED AUTHORITY SHALL BE EXERCISED BY THE PUBLIC UTILITIES
COMMISSION, IN COORDINATION WITH THE DIRECTOR. RULES ADOPTED BY THE DIRECTOR
UNDER THIS DIVISION FOR THE PERCENTAGE OF INCOME PAYMENT PLAN PROGRAM SHALL
SPECIFY A LEVEL OF PAYMENT RESPONSIBILITY TO BE BORNE BY AN ELIGIBLE CUSTOMER BASED
ON A PERCENTAGE OF THE CUSTOMER'S INCOME. RULES INITIALLY ADOPTED BY THE
DIRECTOR FOR THE PERCENTAGE OF INCOME PAYMENT PLAN PROGRAM SHALL INCORPORATE
THE ELIGIBILITY CRITERIA AND PAYMENT ARRANGEMENT AND RESPONSIBILITY POLICIES
SET
Sec. 4928.54. BEGINNING ON THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, THE DIRECTOR OF DEVELOPMENT MAY AGGREGATE PERCENTAGE OF INCOME PAYMENT PLAN PROGRAM CUSTOMERS FOR THE PURPOSE OF COMPETITIVELY AUCTIONING THE SUPPLY OF COMPETITIVE RETAIL ELECTRIC GENERATION SERVICE TO BIDDERS CERTIFIED UNDER SECTION 4928.08 of the Revised Code AND FURTHER QUALIFIED UNDER ELIGIBILITY CRITERIA THE DIRECTOR PRESCRIBES BY RULE UNDER DIVISION (B) OF SECTION 4928.53 of the Revised Code AFTER CONSULTATION WITH THE COMMISSION AND ELECTRIC LIGHT COMPANIES REGARDING ANY SUCH RULE. THE OBJECTIVES OF THE AUCTION SHALL BE TO PROVIDE RELIABLE RETAIL ELECTRIC GENERATION SERVICE TO CUSTOMERS, BASED ON SELECTION CRITERIA THAT THE WINNING BID PROVIDE THE LOWEST COST AND BEST VALUE TO CUSTOMERS. THE RULES ADOPTED BY THE DIRECTOR UNDER DIVISION (B) OF SECTION 4928.53 of the Revised Code SHALL ENSURE A FAIR AND UNBIASED AUCTION PROCESS AND THE PERFORMANCE OF ANY WINNING BIDDER.
Sec. 4928.55. THE DIRECTOR OF DEVELOPMENT SHALL ESTABLISH AN ENERGY EFFICIENCY AND WEATHERIZATION PROGRAM TARGETED, TO THE EXTENT PRACTICABLE, TO HIGH-COST, HIGH-VOLUME USE STRUCTURES OCCUPIED BY CUSTOMERS ELIGIBLE FOR THE PERCENTAGE OF INCOME PAYMENT PLAN PROGRAM, WITH THE GOAL OF REDUCING THE ENERGY BILLS OF THE OCCUPANTS. ACCEPTANCE OF ENERGY EFFICIENCY AND WEATHERIZATION SERVICES PROVIDED BY THE PROGRAM SHALL BE A CONDITION FOR THE ELIGIBILITY OF ANY SUCH CUSTOMER TO PARTICIPATE IN THE PERCENTAGE OF INCOME PAYMENT PLAN PROGRAM. ANY DIFFERENCE BETWEEN UNIVERSAL SERVICE FUND REVENUES UNDER SECTION 4928.51 of the Revised Code AND ANY SAVINGS IN PERCENTAGE OF INCOME PAYMENT PLAN PROGRAM COSTS AS A RESULT OF COMPETITIVE AUCTIONING UNDER SECTION 4928.54 of the Revised Code SHALL BE REINVESTED IN THE TARGETED ENERGY EFFICIENCY AND WEATHERIZATION PROGRAM.
Sec. 4928.56. THE DIRECTOR OF DEVELOPMENT MAY ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. of the Revised Code ESTABLISHING AN EDUCATION PROGRAM FOR CONSUMERS ELIGIBLE TO PARTICIPATE IN THE LOW-INCOME CUSTOMER ASSISTANCE PROGRAMS. THE EDUCATION PROGRAM SHALL PROVIDE INFORMATION TO CONSUMERS REGARDING ENERGY EFFICIENCY AND ENERGY CONSERVATION.
Sec. 4928.57. ON AND AFTER THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, THE DIRECTOR OF DEVELOPMENT SHALL PROVIDE A REPORT EVERY TWO YEARS UNTIL 2008 TO THE STANDING COMMITTEES OF THE GENERAL ASSEMBLY THAT DEAL WITH PUBLIC UTILITY MATTERS, REGARDING THE EFFECTIVENESS OF THE LOW-INCOME CUSTOMER ASSISTANCE PROGRAMS AND THE CONSUMER EDUCATION PROGRAM, AND THE EFFECTIVENESS OF THE ENERGY EFFICIENCY REVOLVING LOAN PROGRAM CREATED UNDER SECTIONS 4928.61 TO 4928.63 of the Revised Code.
Sec. 4928.58. (A) THERE IS HEREBY CREATED THE
PUBLIC BENEFITS ADVISORY BOARD, WHICH HAS THE PURPOSE OF ENSURING THAT ENERGY
SERVICES BE PROVIDED TO LOW-INCOME CONSUMERS IN THIS STATE IN AN AFFORDABLE
MANNER CONSISTENT WITH THE POLICY SPECIFIED IN SECTION 4928.02 OF THE REVISED
CODE. THE ADVISORY BOARD SHALL CONSIST OF TWENTY-ONE MEMBERS AS FOLLOWS:
THE DIRECTOR OF DEVELOPMENT, THE CHAIRPERSON OF THE PUBLIC UTILITIES
COMMISSION, THE CONSUMERS' COUNSEL, AND THE DIRECTOR OF THE AIR QUALITY
DEVELOPMENT AUTHORITY, EACH SERVING EX OFFICIO AND REPRESENTED BY A DESIGNEE AT
THE OFFICIAL'S DISCRETION; TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES
APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, NEITHER OF THE SAME
POLITICAL PARTY, AND TWO MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT OF
THE SENATE, NEITHER OF THE SAME POLITICAL PARTY; AND THIRTEEN MEMBERS APPOINTED
BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, CONSISTING OF ONE
REPRESENTATIVE OF SUPPLIERS OF COMPETITIVE RETAIL ELECTRIC SERVICE; ONE
REPRESENTATIVE OF THE RESIDENTIAL CLASS OF ELECTRIC UTILITY CUSTOMERS; ONE
REPRESENTATIVE OF THE INDUSTRIAL CLASS OF ELECTRIC UTILITY CUSTOMERS; ONE
REPRESENTATIVE OF THE COMMERCIAL CLASS OF ELECTRIC UTILITY CUSTOMERS; ONE
REPRESENTATIVE OF AGRICULTURAL OR RURAL CUSTOMERS OF AN ELECTRIC UTILITY; TWO
CUSTOMERS RECEIVING ASSISTANCE UNDER ONE OR MORE OF THE LOW-INCOME CUSTOMER
ASSISTANCE PROGRAMS, TO REPRESENT CUSTOMERS ELIGIBLE FOR ANY SUCH ASSISTANCE,
INCLUDING SENIOR CITIZENS; ONE REPRESENTATIVE OF THE GENERAL PUBLIC; ONE
REPRESENTATIVE OF LOCAL INTAKE AGENCIES; ONE REPRESENTATIVE OF A
COMMUNITY-BASED ORGANIZATION SERVING LOW-INCOME CUSTOMERS; ONE REPRESENTATIVE
OF ENVIRONMENTAL PROTECTION INTERESTS; ONE REPRESENTATIVE OF LENDING
INSTITUTIONS; AND ONE PERSON CONSIDERED AN EXPERT IN ENERGY EFFICIENCY OR
RENEWABLES TECHNOLOGY. INITIAL APPOINTMENTS SHALL BE MADE NOT LATER THAN
(B) INITIAL TERMS OF SIX OF THE APPOINTED MEMBERS SHALL END ON
VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS.
ANY MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION DATE
OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD
(C) BOARD MEMBERS SHALL BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF BOARD DUTIES. SUCH REIMBURSEMENTS CONSTITUTE, AS APPLICABLE, ADMINISTRATIVE COSTS OF THE LOW-INCOME CUSTOMER ASSISTANCE PROGRAMS FOR THE PURPOSE OF DIVISION (A) OF SECTION 4928.51 of the Revised Code OR ADMINISTRATIVE COSTS OF THE ENERGY EFFICIENCY REVOLVING LOAN PROGRAM FOR THE PURPOSE OF DIVISION (A) OF SECTION 4528.61 of the Revised Code.
(D) THE ADVISORY BOARD SHALL SELECT A CHAIRPERSON FROM AMONG ITS MEMBERS. ONLY BOARD MEMBERS APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE SHALL BE VOTING MEMBERS OF THE BOARD; EACH SHALL HAVE ONE VOTE IN ALL DELIBERATIONS OF THE BOARD. A MAJORITY OF THE VOTING MEMBERS CONSTITUTE A QUORUM.
(E) THE DUTIES OF THE ADVISORY BOARD SHALL BE AS FOLLOWS:
(1) ADVISE THE DIRECTOR IN THE ADMINISTRATION OF THE UNIVERSAL SERVICE FUND AND THE LOW-INCOME CUSTOMER ASSISTANCE PROGRAMS AND ADVISE THE DIRECTOR ON THE DIRECTOR'S RECOMMENDATION TO THE COMMISSION REGARDING THE APPROPRIATE LEVEL OF THE UNIVERSAL SERVICE RIDER;
(2) ADVISE THE DIRECTOR ON THE ADMINISTRATION OF THE ENERGY EFFICIENCY REVOLVING LOAN PROGRAM AND THE ENERGY EFFICIENCY REVOLVING LOAN PROGRAM FUND UNDER SECTIONS 4928.61 TO 4928.63 OF THE REVISED CODE.
(F) THE ADVISORY BOARD IS NOT AN AGENCY, AS DEFINED IN SECTION 101.82 of the Revised Code, FOR PURPOSES OF DIVISIONS (A) AND (B) OF SECTION 101.84 of the Revised Code.
Sec. 4928.61. (A) THERE IS HEREBY ESTABLISHED IN THE STATE TREASURY AN ENERGY EFFICIENCY REVOLVING LOAN FUND, INTO WHICH SHALL BE DEPOSITED ALL ENERGY EFFICIENCY REVENUES REMITTED TO THE DIRECTOR OF DEVELOPMENT UNDER DIVISION (B) OF THIS SECTION, FOR THE EXCLUSIVE PURPOSES OF FUNDING THE ENERGY EFFICIENCY REVOLVING LOAN PROGRAM CREATED UNDER SECTION 4928.62 of the Revised Code AND PAYING THE PROGRAM'S ADMINISTRATIVE COSTS. INTEREST ON THE FUND SHALL BE CREDITED TO THE FUND.
(B) ENERGY EFFICIENCY REVENUES SHALL INCLUDE ALL OF THE FOLLOWING:
(1) REVENUES REMITTED TO THE DIRECTOR AFTER COLLECTION BY EACH ELECTRIC DISTRIBUTION UTILITY IN THIS STATE OF A TEMPORARY RIDER ON RETAIL ELECTRIC DISTRIBUTION SERVICE RATES AS SUCH RATES ARE DETERMINED BY THE PUBLIC UTILITIES COMMISSION PURSUANT TO THIS CHAPTER. THE RIDER SHALL BE A UNIFORM AMOUNT STATEWIDE, DETERMINED BY THE DIRECTOR OF DEVELOPMENT, AFTER CONSULTATION WITH THE PUBLIC BENEFITS ADVISORY BOARD CREATED BY SECTION 4928.58 of the Revised Code. THE AMOUNT SHALL BE DETERMINED BY DIVIDING AN AGGREGATE REVENUE TARGET FOR A GIVEN YEAR AS DETERMINED BY THE DIRECTOR, AFTER CONSULTATION WITH THE ADVISORY BOARD, BY THE NUMBER OF CUSTOMERS OF ELECTRIC DISTRIBUTION UTILITIES IN THIS STATE IN THE PRIOR YEAR. SUCH AGGREGATE REVENUE TARGET SHALL NOT EXCEED MORE THAN FIFTEEN MILLION DOLLARS IN ANY YEAR THROUGH 2005 AND SHALL NOT EXCEED MORE THAN FIVE MILLION DOLLARS IN ANY YEAR AFTER 2005. THE RIDER SHALL BE IMPOSED BEGINNING ON THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE AND SHALL TERMINATE AT THE END OF TEN YEARS FOLLOWING THAT STARTING DATE OR UNTIL THE ENERGY EFFICIENCY REVOLVING LOAN FUND, INCLUDING INTEREST, REACHES ONE HUNDRED MILLION DOLLARS, WHICHEVER IS FIRST.
(2) REVENUES FROM ENERGY EFFICIENCY REVOLVING LOAN PROGRAM LOAN REPAYMENTS AND PAYMENTS FROM ENERGY EFFICIENCY REVOLVING LOAN PROGRAM LOAN COLLECTIONS PURSUANT TO SECTION 4928.62 of the Revised Code;
(3) ADEQUATE REVENUES REMITTED TO THE DIRECTOR AFTER COLLECTION BY A MUNICIPAL ELECTRIC UTILITY OR ELECTRIC COOPERATIVE IN THIS STATE NOT EARLIER THAN THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE UPON THE UTILITY'S OR COOPERATIVE'S DECISION TO PARTICIPATE IN THE ENERGY EFFICIENCY REVOLVING LOAN PROGRAM.
(C)(1) EACH ELECTRIC DISTRIBUTION UTILITY IN THIS STATE SHALL REMIT TO THE DIRECTOR ON A QUARTERLY BASIS THE REVENUES DESCRIBED IN DIVISIONS (B)(1) AND (2) OF THIS SECTION. SUCH REMITTANCES SHALL BEGIN WITH THE FIRST QUARTER FOLLOWING THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE.
(2) EACH PARTICIPATING ELECTRIC COOPERATIVE AND PARTICIPATING MUNICIPAL ELECTRIC UTILITY SHALL REMIT TO THE DIRECTOR ON A QUARTERLY BASIS THE REVENUES DESCRIBED IN DIVISION (B)(3) OF THIS SECTION. SUCH REMITTANCES SHALL BEGIN WITH THE FIRST QUARTER FOLLOWING THE PARTICIPATING COOPERATIVE'S OR UTILITY'S DECISION TO PARTICIPATE.
(3) ALL REMITTANCES UNDER DIVISIONS (C)(1) AND (2) OF THIS SECTION SHALL CONTINUE ONLY UNTIL THE END OF TEN YEARS FOLLOWING THAT STARTING DATE OR UNTIL THE ENERGY EFFICIENCY REVOLVING LOAN FUND, INCLUDING INTEREST, REACHES ONE HUNDRED MILLION DOLLARS, WHICHEVER IS FIRST.
(D) ANY MONEYS COLLECTED IN RATES FOR NON-LOW-INCOME CUSTOMER ENERGY EFFICIENCY PROGRAMS, AS OF THE EFFECTIVE DATE OF THIS SECTION AND NOT CONTRIBUTED TO THE ENERGY EFFICIENCY REVOLVING LOAN FUND UNDER DIVISION (B)(1) OF THIS SECTION, SHALL BE USED TO CONTINUE TO FUND COST-EFFECTIVE, RESIDENTIAL ENERGY EFFICIENCY PROGRAMS, BE CONTRIBUTED INTO THE UNIVERSAL SERVICE FUND AS A SUPPLEMENT TO THAT REQUIRED UNDER SECTION 4928.53 OF THE REVISED CODE, OR BE RETURNED TO RATEPAYERS IN THE FORM OF A RATE REDUCTION AT THE OPTION OF THE AFFECTED ELECTRIC DISTRIBUTION UTILITY.
Sec. 4928.62. (A) BEGINNING ON THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, THERE IS HEREBY CREATED THE ENERGY EFFICIENCY REVOLVING LOAN PROGRAM, WHICH SHALL BE ADMINISTERED BY THE DIRECTOR OF DEVELOPMENT. UNDER THE PROGRAM, THE DIRECTOR MAY AUTHORIZE THE USE OF MONEYS IN THE ENERGY EFFICIENCY REVOLVING LOAN FUND FOR FINANCIAL ASSISTANCE FOR PROJECTS IN THIS STATE. TO THE EXTENT FEASIBLE GIVEN APPROVED APPLICATIONS FOR ASSISTANCE, THE ASSISTANCE SHALL BE DISTRIBUTED AMONG THE CERTIFIED TERRITORIES OF ELECTRIC DISTRIBUTION UTILITIES AND PARTICIPATING ELECTRIC COOPERATIVES, AND AMONG THE SERVICE AREAS OF PARTICIPATING MUNICIPAL ELECTRIC UTILITIES, IN AMOUNTS PROPORTIONATE TO THE REMITTANCES OF EACH UTILITY AND COOPERATIVE UNDER DIVISIONS (B)(1) AND (3) OF SECTION 4928.61 of the Revised Code. THE ASSISTANCE SHALL BE MADE OR PROVIDED THROUGH APPROVED LENDING INSTITUTIONS IN THE FORM OF LOANS AT BELOW MARKET RATES, LOAN GUARANTEES FOR SUCH LOANS, AND LINKED DEPOSITS FOR SUCH LOANS. THE DIRECTOR SHALL NOT AUTHORIZE FINANCIAL ASSISTANCE UNDER THE PROGRAM UNLESS THE DIRECTOR FIRST DETERMINES ALL OF THE FOLLOWING:
(1) THE PROJECT WILL INCLUDE AN INVESTMENT IN PRODUCTS, TECHNOLOGIES, OR SERVICES, INCLUDING ENERGY EFFICIENCY FOR LOW-INCOME HOUSING, FOR RESIDENTIAL, SMALL COMMERCIAL AND SMALL INDUSTRIAL BUSINESS, LOCAL GOVERNMENT, EDUCATIONAL INSTITUTION, NONPROFIT ENTITY, OR AGRICULTURAL CUSTOMERS OF AN ELECTRIC DISTRIBUTION UTILITY IN THIS STATE OR A PARTICIPATING MUNICIPAL ELECTRIC UTILITY OR ELECTRIC COOPERATIVE IN THIS STATE.
(2) THE PROJECT WILL IMPROVE ENERGY EFFICIENCY IN A COST-EFFICIENT MANNER BY USING BOTH THE MOST APPROPRIATE NATIONAL, FEDERAL, OR OTHER STANDARDS FOR PRODUCTS AS DETERMINED BY THE DIRECTOR, AND THE BEST PRACTICES FOR USE OF TECHNOLOGY, PRODUCTS, OR SERVICES IN THE CONTEXT OF THE TOTAL FACILITY OR BUILDING.
(3) THE PROJECT WILL BENEFIT THE ECONOMIC AND ENVIRONMENTAL WELFARE OF THE CITIZENS OF THIS STATE.
(4) THE RECEIPT OF FINANCIAL ASSISTANCE IS A MAJOR FACTOR IN THE APPLICANT'S DECISION TO PROCEED WITH OR INVEST IN THE PROJECT.
(B) IN CARRYING OUT SECTIONS 4928.61 TO 4928.63 of the Revised Code, THE DIRECTOR MAY DO ALL OF THE FOLLOWING FOR THE PURPOSE OF THE ENERGY EFFICIENCY REVOLVING LOAN PROGRAM:
(1) ACQUIRE IN THE NAME OF THE DIRECTOR ANY PROPERTY OF ANY KIND OR CHARACTER IN ACCORDANCE WITH THIS SECTION, BY PURCHASE, PURCHASE AT FORECLOSURE, OR EXCHANGE, ON SUCH TERMS AND IN SUCH MANNER AS THE DIRECTOR CONSIDERS PROPER;
(2) MAKE AND ENTER INTO ALL CONTRACTS AND AGREEMENTS NECESSARY OR INCIDENTAL TO THE PERFORMANCE OF THE DIRECTOR'S DUTIES AND THE EXERCISE OF THE DIRECTOR'S POWERS UNDER THOSE SECTIONS;
(3) EMPLOY OR ENTER INTO CONTRACTS WITH FINANCIAL CONSULTANTS, MARKETING CONSULTANTS, CONSULTING ENGINEERS, ARCHITECTS, MANAGERS, CONSTRUCTION EXPERTS, ATTORNEYS, TECHNICAL MONITORS, ENERGY EVALUATORS, OR OTHER EMPLOYEES OR AGENTS AS THE DIRECTOR CONSIDERS NECESSARY, AND SHALL FIX THEIR COMPENSATION;
(4) ADOPT RULES PRESCRIBING THE APPLICATION PROCEDURES FOR FINANCIAL ASSISTANCE UNDER THE PROGRAM; THE TERMS AND CONDITIONS OF ANY LOANS, LOAN GUARANTEES, LINKED DEPOSITS, AND CONTRACTS; CRITERIA PERTAINING TO THE ELIGIBILITY OF PARTICIPATING LENDING INSTITUTIONS; AND ANY OTHER MATTERS NECESSARY FOR THE IMPLEMENTATION OF THE PROGRAM;
(5) DO ALL THINGS NECESSARY AND APPROPRIATE FOR THE OPERATION OF THE PROGRAM.
(C) FINANCIAL STATEMENTS, FINANCIAL DATA, AND TRADE SECRETS SUBMITTED TO OR RECEIVED BY THE DIRECTOR FROM AN APPLICANT OR RECIPIENT OF FINANCIAL ASSISTANCE UNDER SECTIONS 4928.61 TO 4928.63 of the Revised Code, OR ANY INFORMATION TAKEN FROM THOSE STATEMENTS, DATA, OR TRADE SECRETS FOR ANY PURPOSE, ARE NOT PUBLIC RECORDS FOR THE PURPOSE OF SECTION 149.43 of the Revised Code.
Sec. 4928.63. THE DIRECTOR OF DEVELOPMENT AND THE PUBLIC BENEFITS ADVISORY BOARD HAVE THE POWERS AND DUTIES PROVIDED IN SECTIONS 4928.61 AND 4928.62 of the Revised Code, IN ORDER TO PROMOTE THE WELFARE OF THE PEOPLE OF THIS STATE, TO STABILIZE THE ECONOMY, TO ASSIST IN THE IMPROVEMENT AND DEVELOPMENT WITHIN THIS STATE OF NOT-FOR-PROFIT ENTITY, INDUSTRIAL, COMMERCIAL, DISTRIBUTION, RESIDENTIAL, AND RESEARCH BUILDINGS AND ACTIVITIES REQUIRED FOR THE PEOPLE OF THIS STATE, TO IMPROVE THE ECONOMIC WELFARE OF THE PEOPLE OF THIS STATE, AND ALSO TO ASSIST IN THE IMPROVEMENT OF AIR, WATER, OR THERMAL POLLUTION CONTROL FACILITIES AND SOLID WASTE DISPOSAL FACILITIES. IT IS HEREBY DETERMINED THAT THE ACCOMPLISHMENT OF THOSE PURPOSES IS ESSENTIAL SO THAT THE PEOPLE OF THIS STATE MAY MAINTAIN THEIR PRESENT HIGH STANDARDS IN COMPARISON WITH THE PEOPLE OF OTHER STATES AND SO THAT OPPORTUNITIES FOR IMPROVING THE ECONOMIC WELFARE OF THE PEOPLE OF THIS STATE, FOR IMPROVING THE HOUSING OF RESIDENTS OF THIS STATE, AND FOR FAVORABLE MARKETS FOR THE PRODUCTS OF THIS STATE'S NATURAL RESOURCES, AGRICULTURE, AND MANUFACTURING SHALL BE IMPROVED; AND THAT IT IS NECESSARY FOR THIS STATE TO ESTABLISH THE PROGRAM AUTHORIZED PURSUANT TO SECTIONS 4928.61 AND 4928.62 OF THE REVISED CODE, TO ESTABLISH THE ENERGY EFFICIENCY REVOLVING LOAN PROGRAM AND PROGRAM FUND AND THE ENERGY EFFICIENCY REVOLVING LOAN PROGRAM ADVISORY BOARD, AND TO VEST THE DIRECTOR AND THE BOARD WITH THE POWERS AND DUTIES PROVIDED IN SECTIONS 4928.61 AND 4928.62 of the Revised Code.
Sec. 4928.67. (A)(1) BEGINNING ON THE STARTING DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE, A RETAIL ELECTRIC SERVICE PROVIDER IN THIS STATE SHALL DEVELOP A STANDARD CONTRACT OR TARIFF PROVIDING FOR NET ENERGY METERING. ANY TIME THAT THE TOTAL RATED GENERATING CAPACITY USED BY CUSTOMER-GENERATORS IS LESS THAN ONE PER CENT OF THE PROVIDER'S AGGREGATE CUSTOMER PEAK DEMAND IN THIS STATE, THE PROVIDER SHALL MAKE THIS CONTRACT OR TARIFF AVAILABLE TO CUSTOMER-GENERATORS, UPON REQUEST AND ON A FIRST-COME, FIRST-SERVED BASIS. THE CONTRACT OR TARIFF SHALL BE IDENTICAL IN RATE STRUCTURE, ALL RETAIL RATE COMPONENTS, AND ANY MONTHLY CHARGES, TO THE CONTRACT OR TARIFF TO WHICH THE SAME CUSTOMER WOULD BE ASSIGNED IF THAT CUSTOMER WERE NOT A CUSTOMER-GENERATOR.
(2) NET METERING UNDER THIS SECTION SHALL BE ACCOMPLISHED USING A SINGLE METER CAPABLE OF REGISTERING THE FLOW OF ELECTRICITY IN EACH DIRECTION. IF ITS EXISTING ELECTRICAL METER IS NOT CAPABLE OF MEASURING THE FLOW OF ELECTRICITY IN TWO DIRECTIONS, THE CUSTOMER-GENERATOR SHALL BE RESPONSIBLE FOR ALL EXPENSES INVOLVED IN PURCHASING AND INSTALLING A METER THAT IS CAPABLE OF MEASURING ELECTRICITY FLOW IN TWO DIRECTIONS.
(3) SUCH AN ELECTRIC SERVICE PROVIDER, AT ITS OWN EXPENSE AND WITH THE WRITTEN CONSENT OF THE CUSTOMER-GENERATOR, MAY INSTALL ONE OR MORE ADDITIONAL METERS TO MONITOR THE FLOW OF ELECTRICITY IN EACH DIRECTION.
(B) CONSISTENT WITH THE OTHER PROVISIONS OF THIS SECTION, THE MEASUREMENT OF NET ELECTRICITY SUPPLIED OR GENERATED SHALL BE CALCULATED IN THE FOLLOWING MANNER:
(1) THE ELECTRIC SERVICE PROVIDER SHALL MEASURE THE NET ELECTRICITY PRODUCED
OR CONSUMED DURING THE BILLING PERIOD, IN ACCORDANCE WITH
(2) IF THE ELECTRICITY SUPPLIED BY THE ELECTRIC SERVICE PROVIDER EXCEEDS THE ELECTRICITY GENERATED BY THE CUSTOMER-GENERATOR AND FED BACK TO THE ELECTRIC SERVICE PROVIDER DURING THE BILLING PERIOD, THE CUSTOMER-GENERATOR SHALL BE BILLED FOR THE NET ELECTRICITY SUPPLIED BY THE ELECTRIC SERVICE PROVIDER, IN ACCORDANCE WITH NORMAL METERING PRACTICES. IF ELECTRICITY IS PROVIDED TO THE ELECTRIC SERVICE PROVIDER, THE CREDITS FOR THAT ELECTRICITY SHALL APPEAR IN THE NEXT BILLING CYCLE.
(C)(1) A NET METERING SYSTEM USED BY A CUSTOMER-GENERATOR SHALL MEET ALL APPLICABLE SAFETY AND PERFORMANCE STANDARDS ESTABLISHED BY THE NATIONAL ELECTRICAL CODE, THE INSTITUTE OF ELECTRICAL AND ELECTRONICS ENGINEERS, AND UNDERWRITERS LABORATORIES.
(2) THE PUBLIC UTILITIES COMMISSION SHALL ADOPT RULES RELATING TO ADDITIONAL CONTROL AND TESTING REQUIREMENTS FOR CUSTOMER-GENERATORS WHICH THE COMMISSION DETERMINES ARE NECESSARY TO PROTECT PUBLIC AND WORKER SAFETY AND SYSTEM RELIABILITY.
(D) AN ELECTRIC SERVICE PROVIDER SHALL NOT REQUIRE A CUSTOMER-GENERATOR WHOSE NET METERING SYSTEM MEETS THE STANDARDS AND REQUIREMENTS PROVIDED FOR IN DIVISIONS (C)(1) AND (D) OF THIS SECTION TO DO ANY OF THE FOLLOWING:
(1) COMPLY WITH ADDITIONAL SAFETY OR PERFORMANCE STANDARDS;
(2) PERFORM OR PAY FOR ADDITIONAL TESTS;
(3) PURCHASE ADDITIONAL LIABILITY INSURANCE.
Sec. 4933.14. (A) Except section 4931.08 of
the Revised Code AND EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B) OF
THIS SECTION, sections 4931.01 to 4931.23, inclusive, and 4933.13 to
4933.16, inclusive, of the Revised Code, apply to companies
A COMPANY organized for supplying public and private buildings, manufacturing
establishments, streets, alleys, lanes, lands, squares, and public places with
electric light and power, and to an automatic package carrier. Except as
provided by section 4931.08 of the Revised Code AND EXCEPT AS OTHERWISE
PROVIDED IN DIVISION (B) OF THIS SECTION, every such company shall
have HAS the powers and be IS subject to the restrictions prescribed
for A telegraph companies COMPANY by sections 4931.01 to 4931.23,
inclusive, of the Revised Code.
(B) SECTIONS 4931.04, 4931.06, 4931.07, 4931.12, AND 4931.13 of the Revised Code APPLY TO A COMPANY ORGANIZED FOR SUPPLYING ELECTRICITY ONLY IF THE COMPANY TRANSMITS OR DISTRIBUTES ELECTRICITY, AND EVERY SUCH COMPANY HAS THE POWERS AND IS SUBJECT TO THE RESTRICTIONS PRESCRIBED FOR A TELEGRAPH COMPANY BY THOSE SECTIONS EXCEPT FOR THE PURPOSE OF ERECTING, OPERATING, OR MAINTAINING AN ELECTRIC GENERATING STATION.
Sec. 4933.15. Any company organized for
manufacturing, generating, selling, supplying, or transmitting electricity, for
public and private use, may, for FOR the purpose
of making preliminary examinations and surveys, ANY COMPANY TRANSMITTING OR
DISTRIBUTING ELECTRICITY IN THE STATE FOR PUBLIC OR PRIVATE USE MAY enter upon
any land held by any individual or corporation, whether acquired by purchase,
appropriation proceedings, or otherwise, unless such land is owned by and
essential to the purposes of another corporation possessing the power of
eminent domain, and. THE COMPANY ALSO may appropriate so much of
such land, or any right or interest therein IN THE LAND, including any
trees, edifices, or buildings thereon ON THE LAND, as is deemed
necessary for the EITHER OF THE FOLLOWING PURPOSES:
(A) THE erection, operation, or maintenance of an electric plant,
including its generating stations, substations, switching stations,
transmission and distribution lines, poles, towers, piers, conduits, cables,
AND wires, and other necessary structures and appliances, or for
rights BUT EXCLUDING ITS GENERATING STATIONS;
(B) RIGHTS-of-way over such land and adjacent lands for
the purpose of access to any part of such land. The
THE right of appropriation shall be exercised in the same manner provided by
sections 163.01 to 163.22, inclusive, of the Revised Code.
Sec. 4933.33. Annually, each electric light
DISTRIBUTION company AS DEFINED IN SECTION 5727.80 of the Revised Code
shall cause to appear on each customer bill, or shall distribute to each of its
customers, the following statement:
"Under state law, the amount you are being billed includes:
(1) Gross receipts KILOWATT-HOUR taxes that have been in effect since
1969 2001 and are currently at $........%. (The
current total percentage DOLLAR figure of the total gross receipts
KILOWATT-HOUR taxes levied in Chapter 5727. BY SECTION 5727.81 of
the Revised Code and any other section of law shall be placed in the
blank); and
(2) Assessments to assist in the support of the operations of the PUCO and the office of the consumers' counsel that have been in effect since 1912 and 1977, respectively."
Nothing in this section shall be construed to mean either that an
electric light DISTRIBUTION company operated not for profit or one
that is owned or operated by a municipal corporation is subject to this section
or that an electric light company subject to this section may not cause
such appearance or distribute such statement on a more frequent basis.
Sec. 4933.81. As used in sections 4933.81 to 4933.90 of the Revised Code:
(A) "Electric supplier" means any electric light company as
defined in section 4905.03 of the Revised Code, including electric light
companies organized as nonprofit corporations, but not including a
municipal corporation CORPORATIONS or other unit UNITS of local
government that provides PROVIDE electric service.
(B) "Adequate facilities" means distribution lines or facilities
having sufficient capacity to meet the maximum estimated electric service
requirements of its existing customers and of any new customer occurring during
the year following the commencement of permanent electric service, and to
assure all such customers of reasonable continuity and quality of service.
Distribution facilities and lines of an electric supplier shall be considered
"adequate facilities" if such supplier offers to undertake to make
its distribution facilities and lines meet such service requirements and can,
in the determination of the public utilities commission, CAN do so within a
reasonable time.
(C) "Distribution line" means any electric line having a design
voltage below thirty-five thousand volts phase to phase which THAT is being
or has been used primarily to provide electric service directly to electric
load centers by the owner of such line.
(D) "Existing distribution line" means any distribution line of an
electric supplier which was in existence on constructon
CONSTRUCTION on such THAT date.
(E) "Electric load center" means all the electric-consuming facilities of any type or character owned, occupied, controlled, or used by a person at a single location, which facilities have been, are, or will be connected to and served at a metered point of delivery and to which electric service has been, is, or will be rendered.
(F) "Electric service" means retail electric service furnished to
an electric load center for ultimate consumption and does not include,
BUT EXCLUDES furnishing electric power or energy at wholesale for resale.
IN THE CASE OF A FOR-PROFIT ELECTRIC SUPPLIER AND BEGINNING ON THE STARTING
DATE OF COMPETITIVE RETAIL ELECTRIC SERVICE AS DEFINED IN SECTION 4928.01 of
the Revised Code, "ELECTRIC SERVICE" ALSO EXCLUDES A
COMPETITIVE RETAIL ELECTRIC SERVICE. IN THE CASE OF A NOT-FOR-PROFIT ELECTRIC
SUPPLIER AND BEGINNING ON THAT STARTING DATE, "ELECTRIC SERVICE" ALSO
EXCLUDES ANY SERVICE COMPONENT OF COMPETITIVE RETAIL ELECTRIC SERVICE THAT IS
SPECIFIED IN AN IRREVOCABLE FILING THE ELECTRIC SUPPLIER MAKES WITH THE PUBLIC
UTILITIES COMMISSION FOR INFORMATIONAL PURPOSES ONLY TO ELIMINATE PERMANENTLY
ITS CERTIFIED TERRITORY UNDER SECTIONS 4933.81 TO 4933.90 of the Revised
Code AS TO THAT SERVICE COMPONENT. THE FILING SHALL SPECIFY THE DATE ON
WHICH SUCH TERRITORY IS SO ELIMINATED. NOTWITHSTANDING DIVISION (B) OF
SECTION 4928.01 of the Revised Code, SUCH A SERVICE COMPONENT MAY
INCLUDE RETAIL ANCILLARY, METERING, OR BILLING AND COLLECTION SERVICE
IRRESPECTIVE OF WHETHER THAT SERVICE COMPONENT HAS OR HAS NOT BEEN DECLARED
COMPETITIVE UNDER SECTION 4928.04 of the Revised Code. UPON
RECEIPT OF THE FILING BY THE COMMISSION, THE NOT-FOR-PROFIT ELECTRIC SUPPLIER'S
CERTIFIED TERRITORY SHALL BE ELIMINATED PERMANENTLY AS TO THE SERVICE COMPONENT
SPECIFIED IN THE FILING AS OF THE DATE SPECIFIED IN THE FILING. AS USED IN THIS
DIVISION, "COMPETITIVE RETAIL ELECTRIC SERVICE" AND "RETAIL
ELECTRIC SERVICE" HAVE THE SAME MEANINGS AS IN SECTION 4928.01 of the Revised
Code.
(G) "Certified territory" means a geographical area the boundaries of which have been established pursuant to sections 4933.81 to 4933.90 of the Revised Code within which an electric supplier is authorized and required to provide electric service.
(H) "Other unit of local government" means any governmental unit
or body that may come into existence after the effective date of this
section JULY 12, 1978, with powers and authority similar to
those of a municipal corporation, or which THAT is created to replace or
exercise the relevant powers of any one or more municipal corporations.
Sec. 4935.03. (A) The public utilities commission shall adopt, and may amend or rescind, rules in accordance with section 111.15 of the Revised Code, with the approval of the governor, defining various foreseen types and levels of energy emergency conditions for critical shortages or interruptions in the supply of electric power, natural gas, coal, or individual petroleum fuels and specifying appropriate measures to be taken at each level or for each type of energy emergency as necessary to protect the public health or safety or prevent unnecessary or avoidable damage to property. The rules may prescribe different measures for each different type or level of declared energy emergency, and for any type or level shall empower the governor to:
(1) Restrict the energy consumption of state and local government offices and industrial and commercial establishments;
(2) Restrict or curtail public or private transportation or require or encourage the use of car pools or mass transit systems;
(3) Order, during a declared energy emergency, any electric light, natural gas or gas, or pipeline company; ANY SUPPLIER SUBJECT TO CERTIFICATION UNDER SECTION 4928.08 OF THE REVISED CODE; electric power or gas utility that is owned by a municipal corporation or not for profit; coal producer or supplier; ELECTRIC POWER PRODUCER OR MARKETER; or petroleum fuel producer, refiner, wholesale distributor, or retail dealer to sell electricity, gas, coal, or petroleum fuel in order to alleviate hardship, or if possible to acquire or produce emergency supplies to meet emergency needs;
(4) Order, during a declared energy emergency, other energy conservation or emergency energy production or distribution measures to be taken in order to alleviate hardship;
(5) Mobilize emergency management, national guard, law enforcement, or emergency medical services.
The rules shall be designed to protect the public health and safety and prevent unnecessary or avoidable damage to property. They shall encourage the equitable distribution of available electric power and fuel supplies among all geographic regions in the state.
(B) The governor may, after consultation with the chairman of the commission, declare an energy emergency by filing with the secretary of state a written declaration of an energy emergency at any time he finds that the health, safety, or welfare of the residents of this state or of one or more counties of this state is so imminently and substantially threatened by an energy shortage that immediate action of state government is necessary to prevent loss of life, protect the public health or safety, and prevent unnecessary or avoidable damage to property. The declaration shall state the counties, utility service areas, or fuel market areas affected, or its statewide effect, and what fuels or forms of energy are in critically short supply. An energy emergency goes into immediate effect upon filing and continues in effect for the period prescribed in the declaration, but not more than thirty days. At the end of any thirty-day or shorter energy emergency, the governor may issue another declaration extending the emergency. The general assembly may by concurrent resolution terminate any declaration of an energy emergency. The emergency is terminated at the time of filing of the concurrent resolution with the secretary of state. When an energy emergency is declared, the commission shall implement the measures which it determines are appropriate for the type and level of emergency in effect.
(C) Energy emergency orders issued by the governor pursuant to this section shall take effect immediately upon issuance, and the person to whom the order is directed shall initiate compliance measures immediately upon receiving the order. During an energy emergency the attorney general or the prosecuting attorney of the county where violation of a rule adopted or order issued under this section occurs may bring an action for immediate injunction or other appropriate relief to secure prompt compliance. The court may issue an ex parte temporary order without notice which shall enforce the prohibitions, restrictions, or actions that are necessary to secure compliance with the rule or order. Compliance with rules or orders issued under this section is a matter of statewide concern.