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2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.102 | Regulatory Restrictions.

Effective:
September 23, 2022
Latest Legislation:
House Bill 430 - 134th General Assembly
Notwithstanding any other provision of this chapter, the public utilities commission shall not, in connection with any proceeding pursuant to section 4927.07 or 4927.10 of the Revised Code, impose on any provider of telecommunications service, wireless service, or internet protocol-enabled services any notice requirement, withdrawal or abandonment restrictions, buildout requirements, or any other regulatory requirement or restriction that is not generally applicable to the service or the provider in other contexts.
Last updated October 20, 2022 at 9:52 AM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.121 | Alteration of Rates by Incumbent Local Exchange Carrier Owned and Operated Exclusively by and Solely for Its Customers.

Effective:
March 20, 2019
Latest Legislation:
House Bill 402 - 132nd General Assembly
Subject to section 4927.124 of the Revised Code, an incumbent local exchange carrier owned and operated exclusively by and solely for its customers may alter its rates for basic local exchange service upward by any amount and at any time.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.122 | Upward Alterations of Rates.

Effective:
March 20, 2019
Latest Legislation:
House Bill 402 - 132nd General Assembly
Subject to section 4927.124 of the Revised Code, the public utilities commission shall allow upward alterations to the rate for basic local exchange service by an incumbent local exchange carrier by any amount necessary in order to comply with the eligibility requirements prescribed by the federal communications commission for the federal universal service high-cost program. Upward alterations may be ordered to be phased in over a period not to exceed three years if the commission determines that a phase-in is necessary to protect the public interest.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.123 | Exemption for Incumbent Local Exchange Carriers.

Effective:
March 20, 2019
Latest Legislation:
House Bill 402 - 132nd General Assembly
(A) As used in this section:
"Exchange area" has the same meaning as in section 4927.12 of the Revised Code.
"Line loss" refers to the number of access lines, whether residential or commercial, for which a customer of an incumbent local exchange carrier has terminated local exchange service.
(B) Not earlier than the date that is exactly four years after the effective date of this section , an incumbent local exchange carrier may apply to the public utilities commission for an exemption from the requirements of section 4927.12 of the Revised Code for an exchange area, subject to division (E) of this section.
(C) The commission shall approve an application under division (B) of this section if the carrier demonstrates that both of the following apply:
(1) The carrier has experienced at least fifty per cent line loss in the exchange area since January 1, 2002.
(2) One of the following applies:
(a) The carrier increased the carrier's rates for basic local exchange service for the exchange area within the twelve months prior to September 13, 2010.
(b) The commission made a determination that the exchange area qualified for alternative regulation of basic local exchange service under Chapter 4901:1-4 of the Ohio Administrative Code as that chapter existed on September 13, 2010.
(c) The carrier filed an application for the exchange area that was approved or deemed approved under division (B)(3)(b) of section 4927.12 of the Revised Code.
(D) On the thirty-first day after the filing of an application under division (B) of this section, the commission shall be deemed to have found that the application meets the requirements of division (C) of this section unless the commission, within thirty days after the filing of the application, issues an order finding that the requirements have not been met.
(E) If an application for an exchange area is approved or deemed approved under this section, the incumbent local exchange carrier that filed the application shall be exempt from the requirements of section 4927.12 of the Revised Code for the exchange area to which the application applies, except that the carrier may not alter the carrier's rates for basic local exchange service below the carrier's incremental cost. "Incremental cost" has the same meaning as in section 4927.12 of the Revised Code.
(F) Nothing in this section shall be construed to impair the rights of any person to file a complaint with the commission under section 4927.21 of the Revised Code, or the rights of the commission to initiate such a complaint, against an incumbent local exchange carrier who has been granted an exemption under this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.124 | Notice of Rate Alteration.

Effective:
March 20, 2019
Latest Legislation:
House Bill 402 - 132nd General Assembly
(A) An incumbent local exchange carrier altering its rates for basic local exchange service under section 4927.12, 4927.121, or 4927.122 of the Revised Code shall provide not less than thirty days' notice to the public utilities commission and to affected customers.
(B) Division (A) of this section also applies to an incumbent local exchange carrier altering its rates for basic local exchange service in an exchange area for which the carrier has been granted an exemption under section 4927.123 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.125 | Tariffs.

Effective:
March 20, 2019
Latest Legislation:
House Bill 402 - 132nd General Assembly
The rates, terms, and conditions for basic local exchange service and for installation and reconnection fees for basic local exchange service shall be tariffed in the manner prescribed by rule adopted by the public utilities commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.14 | Adoption of Rules for Rates for Persons With Disabilities.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
The public utilities commission may adopt rules requiring any telephone company that is a telephone toll service provider to offer discounts for operator-assisted and direct-dial services for persons with communication disabilities.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.15 | Rates, Terms and Conditions for 9-1-1 and Other Services.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A)(1) The rates, terms, and conditions for 9-1-1 service provided in this state by a telephone company or a telecommunications carrier and each of the following provided in this state by a telephone company shall be approved and tariffed in the manner prescribed by rule adopted by the public utilities commission and shall be subject to the applicable laws, including rules or regulations adopted and orders issued by the commission or the federal communications commission:
(a) N-1-1 services, other than 9-1-1 service;
(b) Pay telephone access lines;
(c) Toll presubscription;
(d) Telecommunications relay service.
(2) The rates, terms, and conditions for both of the following provided in this state by a telephone company or an incumbent local exchange carrier shall be approved and tariffed in the manner prescribed by rule adopted by the public utilities commission and shall be subject to the applicable laws, including rules or regulations adopted and orders issued by the commission or the federal communications commission:
(a) Carrier access;
(b) Pole attachments and conduit occupancy under section 4905.71 of the Revised Code.
(B) The public utilities commission may order changes in a telephone company's rates for carrier access in this state subject to this division. In the event that the public utilities commission reduces a telephone company's rates for carrier access that are in effect on September 13, 2010, that reduction shall be on a revenue-neutral basis under terms and conditions established by the public utilities commission, and any resulting rate changes necessary to comply with division (B) or (C) of this section shall be in addition to any upward rate alteration made under section 4927.12 of the Revised Code.
(C) The public utilities commission has authority to address carrier access policy and to create and administer mechanisms for carrier access reform, including, but not limited to, high cost support.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.16 | Unbundling, Resale or Network Interconnection.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
(A) The public utilities commission shall not establish any requirements for the unbundling of network elements, for the resale of telecommunications service, or for network interconnection that exceed or are inconsistent with or prohibited by federal law, including federal regulations.
(B) The commission shall not establish pricing for such unbundled elements, resale, or interconnection that is inconsistent with or prohibited by federal law, including federal regulations, and shall comply with federal law, including federal regulations, in establishing such pricing.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.17 | Notice of Rates, Terms or Conditions of Service; Contact Information to Be Provided on Bills and Notices.

Effective:
March 20, 2019
Latest Legislation:
House Bill 402 - 132nd General Assembly
(A) Except as provided in sections 4927.07 and 4927.124 of the Revised Code, a telephone company shall provide at least fifteen days' advance notice to its affected customers of any material change in the rates, terms, and conditions of any retail service required to be tariffed by the public utilities commission or the federal communications commission, any wholesale service as to which there is no other applicable notice requirement, and any change in the company's operations that are not transparent to customers and may impact service.
(B) A telephone company shall inform its customers of the commission's toll-free number and e-mail address on all bills and disconnection notices and any residential customers of the office of the consumers' counsel's toll-free number and e-mail address on all residential bills and disconnection notices.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.18 | Adoption of Rules Regarding Inmate or Juvenile Offender Services.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
The public utilities commission may adopt rules regarding the rates, terms, and conditions of intrastate telecommunications service initiated from a telephone instrument set aside for use by inmates or juvenile offenders by authorities of a secured correctional facility.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.19 | Examination of Books, Records or Practices.

Effective:
March 20, 2019
Latest Legislation:
House Bill 402 - 132nd General Assembly
(A) The public utilities commission may investigate or examine the books, records, or practices of any telephone company, but only to the extent of the commission's jurisdiction over the company under sections 4927.01 to 4927.21 of the Revised Code. Subject to that limitation, the commission may do any of the following:
(1) Through its commissioners or by inspectors or employees authorized by it, examine the books, records, contracts, documents, and papers of any such company for any purpose incidental to the commission's authority under those sections;
(2) By subpoena duces tecum, compel the production of such books, records, contracts, documents, and papers;
(3) Compel the attendance of such witnesses as it requires to give evidence in connection with such an investigation.
(B) The commission may investigate or inspect the plant and facility of any telephone company, subject to the following limitations:
(1) To the extent of the commission's jurisdiction over the company under sections 4927.01 to 4927.21 of the Revised Code;
(2) Only in response to a complaint that implicates the plant or facility to be inspected and that is made by a consumer concerning basic local exchange service or another entity concerning wholesale service.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.20 | Compliance With Commission's Directives.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
To the extent subject to the public utilities commission's jurisdiction under this chapter, all of the following shall comply with every order, direction, and requirement of the commission made under authority of this chapter:
(A) Every telephone company, including every wireless service provider;
(B) Every telecommunications carrier;
(C) Every provider of internet protocol-enabled services, including voice over internet protocol.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.03 | Identification of Competitive Services and Noncompetitive Services.

Effective:
October 5, 1999
Latest Legislation:
Senate Bill 3 - 123rd General Assembly
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.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.04 | Additional Competitive Services.

Effective:
October 5, 1999
Latest Legislation:
Senate Bill 3 - 123rd General Assembly
(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 March 31, 2003, on the question of the desirability, feasibility, and timing of any such competition.
(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.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.07 | Separate Pricing of Services on Bill.

Effective:
October 5, 1999
Latest Legislation:
Senate Bill 3 - 123rd General Assembly
To the maximum extent practicable on or after the starting date of competitive retail electric service, an electric utility, electric services company, electric cooperative, or governmental aggregator subject to certification under section 4928.08 of the Revised Code shall separately price competitive retail electric services, and the prices shall be itemized on the bill of a customer or otherwise disclosed to the customer. Although a competitive retail electric service shall be supplied to any consumer on such a basis, such an electric utility, electric services company, electric cooperative, or governmental aggregator may repackage the service on or after the starting date and offer it on a bundled basis with other retail electric services to meet consumer preferences. Such repackaging by an electric utility shall be subject to sections 4905.33 to 4905.35 of the Revised Code. Repackaging by such an electric services company, electric cooperative, or governmental aggregator shall be subject to the limitation that no such entity, as to a competitive retail electric service for which the company, cooperative, or aggregator is subject to certification, shall furnish free service or service for less than actual cost for the purpose of destroying competition.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.08 | Certification to Provide Retail Electric Competitive Service.

Effective:
October 5, 1999
Latest Legislation:
Senate Bill 3 - 123rd General Assembly
(A) This section applies to an electric cooperative, or to a governmental aggregator that is a municipal electric utility, only to the extent of a competitive retail electric service it provides to a customer to whom it does not provide a noncompetitive retail electric service through transmission or distribution facilities it singly or jointly owns or operates.
(B) No electric utility, electric services company, electric cooperative, or governmental aggregator shall provide a competitive retail electric service to a consumer in this state on and after the starting date of competitive retail electric service without first being certified by the public utilities commission regarding its managerial, technical, and financial capability to provide that service and providing a financial guarantee sufficient to protect customers and electric distribution utilities from default. Certification shall be granted pursuant to procedures and standards the commission shall prescribe in accordance with division (C) of this section, except that certification or certification renewal shall be deemed approved thirty days after the filing of an application with the commission unless the commission suspends that approval for good cause shown. In the case of such a suspension, the commission shall act to approve or deny certification or certification renewal to the applicant not later than ninety days after the date of the suspension.
(C) Capability standards adopted in rules under division (B) of this section shall be sufficient to ensure compliance with the minimum service requirements established under section 4928.10 of the Revised Code and with section 4928.09 of the Revised Code. The standards shall allow flexibility for voluntary aggregation, to encourage market creativity in responding to consumer needs and demands, and shall allow flexibility for electric services companies that exclusively provide installation of small electric generation facilities, to provide ease of market access. The rules shall include procedures for biennially renewing certification.
(D) The commission may suspend, rescind, or conditionally rescind the certification of any electric utility, electric services company, electric cooperative, or governmental aggregator issued under this section if the commission determines, after reasonable notice and opportunity for hearing, that the utility, company, cooperative, or aggregator has failed to comply with any applicable certification standards or has engaged in anticompetitive or unfair, deceptive, or unconscionable acts or practices in this state.
(E) No electric distribution utility on and after the starting date of competitive retail electric service shall knowingly distribute electricity, to a retail consumer in this state, for any supplier of electricity that has not been certified by the commission pursuant to this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.11 | Minimum Service Requirements for Noncompetitive Services.

Effective:
October 5, 1999
Latest Legislation:
Senate Bill 3 - 123rd General Assembly
(A) For the protection of consumers in this state, the public utilities commission shall adopt rules under division (A) of section 4928.06 of the Revised Code that specify minimum service quality, safety, and reliability requirements for noncompetitive retail electric services supplied by an electric utility in this state, to the extent such authority is not preempted by federal law. The rules shall include prescriptive standards for inspection, maintenance, repair, and replacement of the transmission and distribution systems of electric utilities; shall apply to each substantial type of transmission or distribution equipment or facility; shall establish uniform interconnection standards to ensure transmission and distribution system safety and reliability and shall otherwise provide for high quality, safe, and reliable electric service; shall include standards for operation, reliability, and safety during periods of emergency and disaster; and shall include voltage standards for efficient operation of single-phase motors. The rules regarding interconnection shall seek to prevent barriers to new technology and shall not make compliance unduly burdensome or expensive. When questions arise about specific equipment to meet interconnection standards, the commission shall initiate proceedings open to the public to solicit comments from all interested parties. Additionally, rules under this division shall include nondiscriminatory metering standards.
(B) The commission shall require each electric utility to report annually to the commission on and after the starting date of competitive retail electric service, regarding its compliance with the rules required under division (A) of this section. The commission shall make the filed reports available to the public. Periodically as determined by commission rule under division (A) of section 4928.06 of the Revised Code and in a proceeding initiated under division (B) of section 4928.16 of the Revised Code, the commission shall review a utility's report to determine the utility's compliance and may act pursuant to division (B) of section 4928.16 of the Revised Code to enforce compliance.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.111 | Review of Distribution and Transmission Infrastructure.

Effective:
September 10, 2012
Latest Legislation:
Senate Bill 315 - 129th General Assembly
The public utilities commission shall consult with electric distribution utilities to review the distribution infrastructure in this state and shall consult with regional transmission organizations and entities that own or control transmission facilities to review the transmission infrastructure in this state.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.112 | Priority to Hospitals in Case of Outage.

Effective:
September 12, 2014
Latest Legislation:
Senate Bill 310 - 130th General Assembly
(A) In the event of an interruption of electric service during a period of emergency or disaster, an electric distribution utility's service restoration plan shall give priority to hospitals that are customers of the electric distribution utility.
(B) If requested by a hospital that is its customer, an electric distribution utility shall confer at least biennially with that hospital regarding power quality issues and concerns related to the utility's facilities, including voltage sags, spikes, and harmonic disturbances, in an effort to minimize those events or their impact on the hospital.
(C) The public utilities commission shall adopt rules to carry out this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.13 | Nuclear Generation Facilities Decommissioning.

Effective:
October 5, 1999
Latest Legislation:
Senate Bill 3 - 123rd General Assembly
Through a periodic filing with the public utilities commission in such form as the commission shall prescribe by rule under division (A) of section 4928.06 of the Revised Code, each electric utility that owns nuclear generation facilities located in this state shall demonstrate compliance with decommissioning requirements of the nuclear regulatory commission and public utilities commission and shall demonstrate adequate financing mechanisms to fund facility decommissioning.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.14 | Failure of Supplier to Provide Service.

Effective:
July 31, 2008
Latest Legislation:
Senate Bill 221 - 127th General Assembly
The failure of a supplier to provide retail electric generation service to customers within the certified territory of an electric distribution utility shall result in the supplier's customers, after reasonable notice, defaulting to the utility's standard service offer under sections 4928.141, 4928.142, and 4928.143 of the Revised Code until the customer chooses an alternative supplier. A supplier is deemed under this section to have failed to provide such service if the commission finds, after reasonable notice and opportunity for hearing, that any of the following conditions are met:
(A) The supplier has defaulted on its contracts with customers, is in receivership, or has filed for bankruptcy.
(B) The supplier is no longer capable of providing the service.
(C) The supplier is unable to provide delivery to transmission or distribution facilities for such period of time as may be reasonably specified by commission rule adopted under division (A) of section 4928.06 of the Revised Code.
(D) The supplier's certification has been suspended, conditionally rescinded, or rescinded under division (D) of section 4928.08 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.141 | Distribution Utility to Provide Standard Service Offer.

Effective:
July 31, 2008
Latest Legislation:
Senate Bill 221 - 127th General Assembly
(A) Beginning January 1, 2009, an electric distribution utility shall provide consumers, on a comparable and nondiscriminatory basis within its certified territory, a standard service offer of all competitive retail electric services necessary to maintain essential electric service to consumers, including a firm supply of electric generation service. To that end, the electric distribution utility shall apply to the public utilities commission to establish the standard service offer in accordance with section 4928.142 or 4928.143 of the Revised Code and, at its discretion, may apply simultaneously under both sections, except that the utility's first standard service offer application at minimum shall include a filing under section 4928.143 of the Revised Code. Only a standard service offer authorized in accordance with section 4928.142 or 4928.143 of the Revised Code, shall serve as the utility's standard service offer for the purpose of compliance with this section; and that standard service offer shall serve as the utility's default standard service offer for the purpose of section 4928.14 of the Revised Code. Notwithstanding the foregoing provision, the rate plan of an electric distribution utility shall continue for the purpose of the utility's compliance with this division until a standard service offer is first authorized under section 4928.142 or 4928.143 of the Revised Code, and, as applicable, pursuant to division (D) of section 4928.143 of the Revised Code, any rate plan that extends beyond December 31, 2008, shall continue to be in effect for the subject electric distribution utility for the duration of the plan's term. A standard service offer under section 4928.142 or 4928.143 of the Revised Code shall exclude any previously authorized allowances for transition costs, with such exclusion being effective on and after the date that the allowance is scheduled to end under the utility's rate plan.
(B) The commission shall set the time for hearing of a filing under section 4928.142 or 4928.143 of the Revised Code, send written notice of the hearing to the electric distribution utility, and publish notice in a newspaper of general circulation in each county in the utility's certified territory. The commission shall adopt rules regarding filings under those sections.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.144 | Phase-in of Electric Distribution Utility Rate or Price.

Effective:
July 31, 2008
Latest Legislation:
Senate Bill 221 - 127th General Assembly
The public utilities commission by order may authorize any just and reasonable phase-in of any electric distribution utility rate or price established under sections 4928.141 to 4928.143 of the Revised Code, and inclusive of carrying charges, as the commission considers necessary to ensure rate or price stability for consumers. If the commission's order includes such a phase-in, the order also shall provide for the creation of regulatory assets pursuant to generally accepted accounting principles, by authorizing the deferral of incurred costs equal to the amount not collected, plus carrying charges on that amount. Further, the order shall authorize the collection of those deferrals through a nonbypassable surcharge on any such rate or price so established for the electric distribution utility by the commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.145 | Availability of Contract or Agreement Relevant to Proceeding.

Effective:
July 31, 2008
Latest Legislation:
Senate Bill 221 - 127th General Assembly
During a proceeding under sections 4928.141 to 4928.144 of the Revised Code and upon submission of an appropriate discovery request, an electric distribution utility shall make available to the requesting party every contract or agreement that is between the utility or any of its affiliates and a party to the proceeding, consumer, electric services company, or political subdivision and that is relevant to the proceeding, subject to such protection for proprietary or confidential information as is determined appropriate by the public utilities commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.146 | Electric Service Within Territory of Another Utility.

Effective:
July 31, 2008
Latest Legislation:
Senate Bill 221 - 127th General Assembly
Nothing in sections 4928.141 to 4928.145 of the Revised Code precludes or prohibits an electric distribution utility providing competitive retail electric service to electric load centers within the certified territory of another such utility.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.15 | Schedules for Provision of Noncompetitive Service.

Effective:
October 5, 1999
Latest Legislation:
Senate Bill 3 - 123rd General Assembly
(A) Except as otherwise provided in sections 4928.31 to 4928.40 of the Revised Code, no electric utility shall supply noncompetitive retail electric distribution service in this state on or after the starting date of competitive retail electric service except pursuant to a schedule for that service that is consistent with the state policy specified in section 4928.02 of the Revised Code and filed with the public utilities commission under section 4909.18 of the Revised Code. The schedule shall provide that electric distribution service under the schedule is available to all consumers within the utility's certified territory and to any supplier to those consumers on a nondiscriminatory and comparable basis. Distribution service rates and charges under the schedule shall be established in accordance with Chapters 4905. and 4909. of the Revised Code. The schedule shall include an obligation to build distribution facilities when necessary to provide adequate distribution service, provided that a customer requesting that service may be required to pay all or part of the reasonable incremental cost of the new facilities, in accordance with rules, policy, precedents, or orders of the commission.
(B) Except as otherwise provided in sections 4928.31 to 4928.40 of the Revised Code and except as preempted by federal law, no electric utility shall supply the transmission service or ancillary service component of noncompetitive retail electric service in this state on or after the starting date of competitive retail electric service except pursuant to a schedule for that service component that is consistent with the state policy specified in section 4928.02 of the Revised Code and filed with the commission under section 4909.18 of the Revised Code. The schedule shall provide that transmission or ancillary service under the schedule is available to all consumers and to any supplier to those consumers on a nondiscriminatory and comparable basis. Service rates and charges under the schedule shall be established in accordance with Chapters 4905. and 4909. of the Revised Code.
(C) A self-generator shall have access to backup electricity supply from its competitive electric generation service provider at a rate to be determined by contract.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.151 | Uniform Policy Regarding Electric Transmission Facilities.

Effective:
July 31, 2008
Latest Legislation:
Senate Bill 221 - 127th General Assembly
The public utilities commission shall adopt and enforce rules prescribing a uniform, statewide policy regarding electric transmission and distribution line extensions and requisite substations and related facilities that are requested by nonresidential customers of electric utilities, so that, on and after the effective date of the initial rules so adopted, all such utilities apply the same policies and charges to those customers. Initial rules shall be adopted not later than six months after the effective date of this section. The rules shall address the just and reasonable allocation to and utility recovery from the requesting customer or other customers of the utility of all costs of any such line extension and any requisite substation or related facility, including, but not limited to, the costs of necessary technical studies, operations and maintenance costs, and capital costs, including a return on capital costs.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.19 | Consumer Education.

Effective:
October 5, 1999
Latest Legislation:
Senate Bill 3 - 123rd General Assembly
As part of their ongoing consumer education efforts, the public utilities commission and the office of the consumers' counsel shall engage in cooperative agency efforts to educate consumers in this state regarding electric industry restructuring under this chapter.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.21 | Do Not Aggregate List - Registration - Removal of Current Enrollee.

Effective:
July 4, 2006
Latest Legislation:
House Bill 85 - 126th General Assembly
(A) A customer that desires to remove itself from the pool of customers eligible to participate in governmental aggregation under section 4928.20 of the Revised Code may register with the public utilities commission to appear on the "do not aggregate" list.
(B) The commission, by rule, shall establish a "do not aggregate" list. The commission shall maintain the "do not aggregate" list and make it publicly available on the commission's web site.
(C) If a customer is enrolled in a governmental aggregation program at the time the customer first appears on the "do not aggregate" list, the governmental aggregator shall remove the customer from the program at the next two-year opt out opportunity that is available to the customer under division (D) of section 4928.20 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.234 | Phase-in-Recovery Property.

Effective:
March 22, 2012
Latest Legislation:
House Bill 364 - 129th General Assembly
(A) The phase-in-recovery property created in a final financing order may be transferred, sold, conveyed, or assigned to any person or entity not affiliated with the electric distribution utility subject to the final financing order or to any affiliate of the electric distribution utility created for the limited purpose of acquiring, owning, or administering that property, issuing phase-in-recovery bonds under the final financing order, or a combination of these purposes.
(B) All or any portion of the phase-in-recovery property may be pledged to secure the payment of phase-in-recovery bonds, amounts payable to financing parties and bondholders, amounts payable under any ancillary agreement, and other financing costs.
(C) The phase-in-recovery property shall constitute an existing, present property right, notwithstanding any requirement that the imposition, charging, and collection of phase-in-recovery charges depend on the electric distribution utility continuing to deliver retail electric distribution service or continuing to perform its servicing functions relating to the collection of phase-in-recovery charges or on the level of future energy consumption. That property shall exist regardless of whether the phase-in-recovery charges have been billed, have accrued, or have been collected, and notwithstanding any requirement that the value or amount of the property is dependent on the future provision of service to customers by the electric distribution utility.
(D) All such phase-in-recovery property shall continue to exist until the phase-in-recovery bonds issued under the final financing order are paid in full and all financing costs relating to the bonds have been paid in full.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.235 | Duration of Final Financing Order.

Effective:
March 22, 2012
Latest Legislation:
House Bill 364 - 129th General Assembly
(A)(1) A final financing order shall remain in effect until the phase-in-recovery bonds issued under the final financing order and all financing costs related to the bonds have been paid in full.
(2) A final financing order shall remain in effect and unabated notwithstanding the bankruptcy, reorganization, or insolvency of the electric distribution utility or any affiliate of the electric distribution utility or the commencement of any judicial or nonjudicial proceeding on the final financing order.
(B) A final financing order is irrevocable and the public utilities commission may not reduce, impair, postpone, or terminate the phase-in-recovery charges authorized in the final financing order or impair the property or the collection or recovery of phase-in costs.
(C)(1) Except as provided in division (C)(2) of this section, under a final financing order, the electric distribution utility retains sole discretion regarding whether to assign, sell, or otherwise transfer phase-in-recovery property, or to cause phase-in-recovery bonds to be issued, including the right to defer or postpone such assignment, sale, transfer, or issuance.
(2) Subsequent to a financing order being issued or becoming final and taking effect, but before phase-in-recovery bonds have been issued, if market conditions are such that customers will not realize cost savings from the issuance of the phase-in-recovery bonds, the electric distribution utility shall not proceed with the securitization under the issued or final financing order.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.236 | Subsequent Financing Orders.

Effective:
March 22, 2012
Latest Legislation:
House Bill 364 - 129th General Assembly
At the request of the electric distribution utility subject to a final financing order, the public utilities commission may commence a proceeding and issue a subsequent financing order that provides for retiring and refunding phase-in-recovery bonds issued under the final financing order if the commission finds that the subsequent financing order satisfies all of the requirements of section 4928.232 of the Revised Code. Effective on retirement of the refunded phase-in-recovery bonds and the issuance of new phase-in-recovery bonds, the commission shall adjust the related phase-in-recovery charges accordingly.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.237 | Public Utilities Commission - Prohibited Acts.

Effective:
March 22, 2012
Latest Legislation:
House Bill 364 - 129th General Assembly
(A) The public utilities commission, in exercising the commission's powers and carrying out the commission's duties regarding regulation and ratemaking, may not do any of the following:
(1) Consider phase-in-recovery bonds issued under a final financing order to be the debt of the electric distribution utility subject to the final financing order;
(2) Consider the phase-in-recovery charges imposed, charged, or collected under the final financing order to be revenue of the electric distribution utility;
(3) Consider the phase-in costs or financing costs authorized under the final financing order to be the costs of the electric distribution utility.
(B) The commission may not order or otherwise require, directly or indirectly, any electric distribution utility to use phase-in-recovery bonds to finance the recovery of phase-in costs.
(C) The commission may not refuse to allow the recovery of phase-in costs solely because the electric distribution utility has elected or may elect to finance those costs through a financing mechanism other than the issuance of phase-in-recovery bonds.
If the electric distribution utility elects not to finance those costs through the issuance of phase-in-recovery bonds as authorized in the final financing order, those costs shall be recovered as authorized by the commission prior to the application for the financing order.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.238 | Request for Approval of Adjustments to Charges.

Effective:
March 22, 2012
Latest Legislation:
House Bill 364 - 129th General Assembly
(A) An electric distribution utility subject to a final financing order shall file with the public utilities commission, at least annually, or more frequently as provided in the final financing order, a schedule applying the approved adjustment mechanism to the phase-in-recovery charges authorized under the final financing order, based on estimates of consumption for each customer class and other mathematical factors. The electric distribution utility shall submit with the schedule a request for approval to make the adjustments to the phase-in-recovery charges in accordance with the schedule.
(B) The commission's review of the request shall be limited to a determination of whether there is any mathematical error in the application of the adjustment mechanism to the phase-in-recovery charges, including the calculation of any proportionate charges allocated to governmental aggregation customers as directed in the final financing order.
(C) A request submitted under division (A) of this section shall be deemed approved, and the adjustments shall go into immediate effect, if not approved by the commission within sixty days after the request is submitted.
(D) No adjustment approved or deemed approved under this section shall in any way affect the irrevocability of the final financing order as specified in section 4928.235 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.239 | Nonbypassable Charges; Collection.

Effective:
March 22, 2012
Latest Legislation:
House Bill 364 - 129th General Assembly
(A) As used in this section, "nonbypassable," with respect to phase-in-recovery charges, means that such charges cannot be avoided by any customer or other person obligated to pay the charges.
(B)(1) As long as phase-in-recovery bonds issued under a final financing order are outstanding and the related phase-in costs and financing costs have not been recovered in full, the phase-in-recovery charges authorized under the final financing order shall be nonbypassable. Subject to the methodology approved in the final financing order pursuant to division (E)(4) of section 4928.232 of the Revised Code, phase-in-recovery charges shall apply to all customers of the electric distribution utility for as long as they remain customers of the electric distribution utility, except as provided in division (B)(2) of this section. If a customer of the electric distribution utility purchases electric generation service from a competitive retail electric service provider, the electric distribution utility shall collect the phase-in-recovery charges directly from that customer.
(2) If a customer of the electric distribution utility subsequently receives retail electric distribution service from another electric distribution utility operating in the same service area, including by succession, assignment, transfer, or merger, the phase-in-recovery charges shall continue to apply to that customer.
(C) The phase-in-recovery charges shall be collected by the electric distribution utility or the electric distribution utility's successors or assignees, or a collection agent, in full through a charge that is separate and apart from the electric distribution utility's base rates.