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 THO