reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4903 | Public Utilities Commission - Hearings › Section 4903.13 | Reversal of Final Order - Notice of Appeal.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A final order made by the public utilities commission shall be reversed, vacated, or modified by the supreme court on appeal, if, upon consideration of the record, such court is of the opinion that such order was unlawful or unreasonable.
The proceeding to obtain such reversal, vacation, or modification shall be by notice of appeal, filed with the public utilities commission by any party to the proceeding before it, against the commission, setting forth the order appealed from and the errors complained of. The notice of appeal shall be served, unless waived, upon the chairman of the commission, or, in the event of his absence, upon any public utilities commissioner, or by leaving a copy at the office of the commission at Columbus. The court may permit any interested party to intervene by cross-appeal.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4903 | Public Utilities Commission - Hearings › Section 4903.14 | Certified Copy of Order as Evidence.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon application, the public utilities commission shall furnish certified copies under its seal of any order made by it, which certified copies shall be prima-facie evidence in a court or proceeding of the facts stated therein.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4903 | Public Utilities Commission - Hearings › Section 4903.15 | Orders Effective Immediately - Notice.

Effective:
October 25, 1961
Latest Legislation:
House Bill 770 - 104th General Assembly
Unless a different time is specified therein or by law, every order made by the public utilities commission shall become effective immediately upon entry thereof upon the journal of the public utilities commission. Every order shall be served by United States mail in the manner prescribed by the commission. No utility or railroad shall be found in violation of any order of the commission until notice of said order has been received by an officer of said utility or railroad, or an agent duly designated by said utility or railroad to accept service of said order.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4903 | Public Utilities Commission - Hearings › Section 4903.16 | Stay of Execution.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A proceeding to reverse, vacate, or modify a final order rendered by the public utilities commission does not stay execution of such order unless the supreme court or a judge thereof in vacation, on application and three days' notice to the commission, allows such stay, in which event the appellant shall execute an undertaking, payable to the state in such a sum as the supreme court prescribes, with surety to the satisfaction of the clerk of the supreme court, conditioned for the prompt payment by the appellant of all damages caused by the delay in the enforcement of the order complained of, and for the repayment of all moneys paid by any person, firm, or corporation for transportation, transmission, produce, commodity, or service in excess of the charges fixed by the order complained of, in the event such order is sustained.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4903 | Public Utilities Commission - Hearings › Section 4903.17 | Order in Case of Stay.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The supreme court, in case it stays or suspends the order or decision of the public utilities commission in any matter affecting rates, joint rates, fares, tolls, rentals, charges, or classifications, may also by order direct the public utility or railroad affected to pay into the hands of a trustee to be appointed by the court, to be held until the final determination of the proceeding, under such conditions as the court prescribes, all sums of money collected in excess of the sums payable if the order or decision of the commission had not been stayed or suspended.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4903 | Public Utilities Commission - Hearings › Section 4903.18 | Order to Keep Excess Accounts Pending Review.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In case the supreme court stays or suspends any order or decision of the public utilities commission lowering any rate, joint rate, fare, toll, rental, charge, or classification, the commission, upon the execution and approval of the suspending bond required by section 4903.16 of the Revised Code, may require the public utility or railroad affected, under penalty of the immediate enforcement of the order or decision of the commission, pending review, to keep such accounts, verified by oath, as are, in the judgment of the commission, sufficient to show the amounts being charged or received by such public utility or railroad in excess of the charges allowed by the order or decision of the commission, together with the names and addresses of the corporations or persons to whom overcharges will be refundable in case the charges made by the public utility or railroad pending review are not sustained by the supreme court.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4903 | Public Utilities Commission - Hearings › Section 4903.19 | Disposition of Moneys Charged in Excess.

Effective:
October 7, 1977
Latest Legislation:
House Bill 42 - 112th General Assembly
Upon the final decision by the supreme court upon an appeal from an order or decision of the public utilities commission, all moneys which the public utility or railroad has collected pending the appeal, in excess of those authorized by such final decision, shall be promptly paid to the corporations or persons entitled to them, in such manner and through such methods of distribution as are prescribed by the court. If any such moneys are not claimed by the corporations or persons entitled to them within one year from the final decision of the supreme court, the trustees appointed by the court shall give notice to such corporations or persons by publication, once a week for two consecutive weeks, in a newspaper of general circulation published in Columbus, and in such other newspapers as are designated by such trustee, said notice to state the names of the corporations or persons entitled to such moneys and the amount due each corporation or person. All moneys not claimed within three months after the publication of said notice shall be paid by the public utility or railroad, under the direction of such trustee, into the state treasury for the benefit of the general fund. The court may make such order with respect to the compensation of the trustee as it deems proper.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4903 | Public Utilities Commission - Hearings › Section 4903.20 | Order of Disposition of Cases.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
All actions and proceedings in the supreme court under Chapters 4901., 4903., 4905., 4906., 4907., 4909., 4921., 4923., and 4927. of the Revised Code, and all actions of proceedings to which the public utilities commission, power siting board, or this state is a party, and in which any question arises under those chapters, or under or concerning any order or decision of the commission or the board, to reverse, vacate, or modify an order of the commission or the board, shall be taken up and disposed of by the court out of their order on the docket.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4903 | Public Utilities Commission - Hearings › Section 4903.21 | Transcript.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon service or waiver of the notice of appeal as provided in section 4903.13 of the Revised Code, the public utilities commission shall forthwith transmit to the clerk of the supreme court a transcript of the journal entries, the original papers or transcripts thereof, and a certified transcript of all evidence adduced upon the hearing before the commission in the proceeding complained of, which documents shall be filed in said court.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4903 | Public Utilities Commission - Hearings › Section 4903.22 | Rules of Practice.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
Except when otherwise provided by law, all processes in actions and proceedings in a court arising under Chapters 4901., 4903., 4905., 4906., 4907., 4909., 4921., 4923., and 4927. of the Revised Code shall be served, and the practice and rules of evidence in such actions and proceedings shall be the same, as in civil actions. A sheriff or other officer empowered to execute civil processes shall execute process issued under those chapters and receive compensation therefor as prescribed by law for like services.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4903 | Public Utilities Commission - Hearings › Section 4903.221 | Intervention by Party Who May Be Adversely Affected by Commission Proceeding.

Effective:
January 11, 1983
Latest Legislation:
Senate Bill 378 - 114th General Assembly
Any other person who may be adversely affected by a public utilities commission proceeding may intervene in such proceeding, provided:
(A) That such other person files a motion to intervene with the commission no later than:
(1) Any specific deadline established by order of the commission for purposes of a particular proceeding; or, if no such deadline is established;
(2) Five days prior to the scheduled date of hearing.
The public utilities commission may, in its discretion, grant motions to intervene which are filed after the deadlines set forth in divisions (A)(1) and (2) of this section for good cause shown.
(B) That the commission, in ruling upon applications to intervene in its proceedings, shall consider the following criteria:
(1) The nature and extent of the prospective intervenor's interest;
(2) The legal position advanced by the prospective intervenor and its probable relation to the merits of the case;
(3) Whether the intervention by the prospective intervenor will unduly prolong or delay the proceedings;
(4) Whether the prospective intervenor will significantly contribute to full development and equitable resolution of the factual issues.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4903 | Public Utilities Commission - Hearings › Section 4903.23 | Fees for Copying and Certifying Documents - Status as Evidence.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
The public utilities commission or power siting board may charge and collect a fee, which shall not exceed cost, for furnishing any copy of any paper, record, testimony, or writing made, taken, or filed under Chapters 4901., 4903., 4905., 4906., 4907., 4909., 4921., 4923., and 4927. of the Revised Code, except such transcript and other papers as are required to be filed in any court proceedings authorized in those chapters, whether under seal and certified to or otherwise; and may charge and collect a fee for certifying a document, which shall not exceed that charged by the secretary of state under division (K) of section 111.16 of the Revised Code. All such fees, itemized, shall be paid into the state treasury on the first day of each month.
Upon application of any person and payment of the proper fee, the commission or board shall furnish certified copies under the seal of the commission or board of any order made by it, which order is prima-facie evidence in any court of the facts stated in such copies. The copies of schedules, classifications, and tariffs of rates, tolls, prices, rentals, regulations, practices, services, fares, and charges, and copies of all contracts, agreements, and arrangements between public utilities and railroads, or either, filed with the commission, and the statistics, tables, and figures contained in the annual or other reports of such companies made to the commission as required by the chapters, shall be preserved as public records in the custody of the commission and shall be received as prima-facie evidence of what they purport to be, for the purpose of investigations and prosecutions by the commission and in all judicial proceedings. Copies of and extracts from any of such schedules, classifications, tariffs, contracts, agreements, arrangements, or reports, made public records, certified by the commission under its seal, shall be received in evidence with like effect as the originals.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4903 | Public Utilities Commission - Hearings › Section 4903.24 | Costs and Expenses of Investigation.

Effective:
June 26, 2003
Latest Legislation:
House Bill 95 - 125th General Assembly
If the public utilities commission finds after investigating that any rate, joint rate, fare, charge, toll, rental, schedule, or classification of service is unjust, unreasonable, insufficient, unjustly discriminatory, unjustly preferential, or in violation of law, or that any service is inadequate or cannot be obtained, the public utility found to be at fault shall pay the expenses incurred by the commission upon such investigation.
All fees, expenses, and costs of, or in connection with, any hearing or investigation may be imposed by the commission upon any party to the record or may be divided among any parties to the record in such proportion as the commission determines.
All fees, expenses, and costs authorized and collected under this section shall be deposited to the credit of the special assessment fund, which is hereby created in the state treasury. Money in the fund shall be used by the commission for the purpose of covering the costs of any investigations or hearings it orders regarding any public utility.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4903 | Public Utilities Commission - Hearings › Section 4903.25 | Violation.

Effective:
October 1, 1953
Latest Legislation:
Senate Bill 361 - 100th General Assembly
No officer, agent, or employee in an official capacity of a public utility shall knowingly violate section 4903.03 or 4903.24 of the Revised Code, nor shall any officer, agent, or employee in an official capacity or a public utility or railroad knowingly violate section 4903.02 or 4903.08 of the Revised Code, or willfully fail to comply with any lawful order or direction of the public utilities commission made with respect to any public utility or railroad. Each day's continuance of such failure is a separate offense.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.01 | Definitions.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
As used in this chapter:
(A) "Railroad" has the same meaning as in section 4907.02 of the Revised Code.
(B) "Motor carrier" has the same meaning as in section 4923.01 of the Revised Code.
(C) "Motor vehicle" and "public highway" have the same meanings as in section 4921.01 of the Revised Code.
(D) "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)(7) 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.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.02 | Public Utility Defined.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) As used in this chapter, "public utility" includes every corporation, company, copartnership, person, or association, the lessees, trustees, or receivers of the foregoing, defined in section 4905.03 of the Revised Code, including any public utility that operates its utility not for profit, except the following:
(1) An electric light company that operates its utility not for profit;
(2) A public utility, other than a telephone company, that is owned and operated exclusively by and solely for the utility's customers, including any consumer or group of consumers purchasing, delivering, storing, or transporting, or seeking to purchase, deliver, store, or transport, natural gas exclusively by and solely for the consumer's or consumers' own intended use as the end user or end users and not for profit;
(3) A public utility that is owned or operated by any municipal corporation;
(4) A railroad as defined in sections 4907.02 and 4907.03 of the Revised Code;
(5) Any provider, including a telephone company, with respect to its provision of any of the following:
(a) Advanced services as defined in 47 C.F.R. 51.5;
(b) Broadband service, however defined or classified by the federal communications commission;
(c) Information service as defined in the "Telecommunications Act of 1996," 110 Stat. 59, 47 U.S.C. 153(20);
(d) Subject to division (A) of section 4927.03 of the Revised Code, internet protocol-enabled services as defined in section 4927.01 of the Revised Code;
(e) Subject to division (A) of section 4927.03 of the Revised Code, any telecommunications service as defined in section 4927.01 of the Revised Code to which both of the following apply:
(i) The service was not commercially available on September 13, 2010, the effective date of the amendment of this section by S.B. 162 of the 128th general assembly.
(ii) The service employs technology that became available for commercial use only after September 13, 2010, the effective date of the amendment of this section by S.B. 162 of the 128th general assembly.
(B)(1) "Public utility" includes a for-hire motor carrier even if the carrier is operated in connection with an entity described in division (A)(1), (2), (4), or (5) of this section.
(2) Division (A) of this section shall not be construed to relieve a private motor carrier, operated in connection with an entity described in division (A)(1), (2), (4), or (5) of this section, from compliance with either of the following:
(a) Chapter 4923. of the Revised Code;
(b) Rules governing unified carrier registration adopted under section 4921.11 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.04 | Power to Regulate Public Utilities and Railroads.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
The public utilities commission is hereby vested with the power and jurisdiction to supervise and regulate public utilities and railroads, to require all public utilities to furnish their products and render all services exacted by the commission or by law, and to promulgate and enforce all orders relating to the protection, welfare, and safety of railroad employees and the traveling public, including the apportionment between railroads and the state and its political subdivisions of the cost of constructing protective devices at railroad grade crossings.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.041 | Exclusive Jurisdiction of Commission.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
(A) The public utilities commission has exclusive jurisdiction to enforce, in accordance with Chapter 4913. of the Revised Code, section 153.64, divisions (A) and (B) of section 3781.26, sections 3781.27 and 3781.28 to 3781.32, and Chapter 4913. of the Revised Code.
(B) The commission's enforcement authority described in division (A) of this section is limited to actions specifically authorized by Chapter 4913. of the Revised Code.
(C) Nothing in this section or Chapter 4913. of the Revised Code gives the commission or the underground technical committee, created under section 3781.34 of the Revised Code, the authority to determine the civil liability of any person for any compliance failure as that term is defined in section 4913.01 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.042 | Commission Jurisdiction Over Advanced or Internet Protocol-Enabled Services.

Effective:
November 4, 2005
Latest Legislation:
House Bill 218 - 126th General Assembly
Regarding advanced services or internet protocol-enabled service as defined by federal law, including federal regulations, the public utilities commission shall not exercise any jurisdiction over those services that is prohibited by, or is inconsistent with its jurisdiction under, federal law, including federal regulations.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.05 | Scope of Jurisdiction.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The jurisdiction, supervision, powers, and duties of the public utilities commission extend to every public utility and railroad, the plant or property of which lies wholly within this state and when the property of a public utility or railroad lies partly within and partly without this state to that part of such plant or property which lies within this state; to the persons or companies owning, leasing, or operating such public utilities and railroads; to the records and accounts of the business thereof done within this state; and to the records and accounts of any companies which are 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, insofar as such records and accounts may in any way affect or relate to the costs associated with the provision of electric utility service by any public utility operating in this state and part of such holding company system.
Nothing in this section, or section 4905.06 or 4905.46 of the Revised Code pertaining to regulation of holding companies, grants the public utilities commission authority to regulate a holding company or its subsidiaries which are organized under the laws of another state, render no public utility service in the state of Ohio, and are regulated as a public utility by the public utilities commission of another state or primarily by a federal regulatory commission, nor do these grants of authority apply to public utilities that are excepted from the definition of "public utility" under divisions (A)(1) to (3) of section 4905.02 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.06 | General Supervision.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The public utilities commission has general supervision over all public utilities within its jurisdiction as defined in section 4905.05 of the Revised Code, and may examine such public utilities and keep informed as to their general condition, capitalization, and franchises, and as to the manner in which their properties are leased, operated, managed, and conducted with respect to the adequacy or accommodation afforded by their service, the safety and security of the public and their employees, and their compliance with all laws, orders of the commission, franchises, and charter requirements. The commission has general supervision over all other companies referred to in section 4905.05 of the Revised Code to the extent of its jurisdiction as defined in that section, and may examine such companies and keep informed as to their general condition and capitalization, and as to the manner in which their properties are leased, operated, managed, and conducted with respect to the adequacy or accommodation afforded by their service, and their compliance with all laws and orders of the commission, insofar as any of such matters may relate to the costs associated with the provision of electric utility service by public utilities in this state which are affiliated or associated with such companies. The commission, through the public utilities commissioners or inspectors or employees of the commission authorized by it, may enter in or upon, for purposes of inspection, any property, equipment, building, plant, factory, office, apparatus, machinery, device, and lines of any public utility. The power to inspect includes the power to prescribe any rule or order that the commission finds necessary for protection of the public safety. In order to assist the commission in the performance of its duties under this chapter, authorized employees of the motor carrier enforcement unit, created under section 5503.34 of the Revised Code in the division of state highway patrol, of the department of public safety may enter in or upon, for inspection purposes, any motor vehicle of any motor carrier.
In order to inspect motor vehicles owned or operated by a motor carrier engaged in the transportation of persons, authorized employees of the motor carrier enforcement unit, division of state highway patrol, of the department of public safety may enter in or upon any property of any motor carrier engaged in the intrastate transportation of persons.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.07 | Information and Records to Be Public.

Effective:
September 17, 1996
Latest Legislation:
House Bill 476 - 121st General Assembly
Except as provided in section 149.43 of the Revised Code and as consistent with the purposes of Title XLIX of the Revised Code, all facts and information in the possession of the public utilities commission shall be public, and all reports, records, files, books, accounts, papers, and memorandums of every nature in its possession shall be open to inspection by interested parties or their attorneys.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.09 | Substantial Compliance.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
A substantial compliance by the public utilities commission with the requirements of Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4927. of the Revised Code is sufficient to give effect to all its rules and orders. Those rules and orders shall not be declared inoperative, illegal, or void for an omission of a technical nature. And, those chapters do not affect, modify, or repeal any law fixing the rate that a company operating a railroad may demand and receive for the transportation of passengers.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.12 | Forfeiture.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
A railroad company that violates section 4905.10, 4907.13, or 4907.15 of the Revised Code shall forfeit to the state one thousand dollars, and twenty-five dollars for each day the company fails to comply with a requirement of any such section. The forfeiture does not release the company from the assessment provided in section 4905.10 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.15 | Reports and Accounts.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Each public utility shall furnish to the public utilities commission, in such form and at such times as the commission requires, such accounts, reports, and information as shall show completely and in detail the entire operation of the public utility in furnishing the unit of its product or service to the public.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.16 | Copy of Contract May Be Required by Commission.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
When and as required by the public utilities commission, every public utility shall file with it a copy of any contract, agreement, or arrangement, in writing, with any other public utility relating in any way to the construction, maintenance, or use of its plant or property, or to any service, rate, or charge.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.17 | Construction Accounts.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The public utilities commission shall keep informed of all new construction, extensions, and additions to the property of public utilities, and may prescribe the necessary forms, regulations, and instructions to the officers and employees of such public utilities for the keeping of construction accounts. Such construction accounts shall clearly distinguish all operating expenses and new construction.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.18 | Depreciation Account.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
Every public utility shall carry a proper and adequate depreciation or deferred maintenance account, whenever the public utilities commission, after investigation, determines that a depreciation account can be reasonably required. The commission shall ascertain, determine, and prescribe what are proper and adequate charges for depreciation of the several classes of property for each public utility. The charge for depreciation shall be such as will provide the amount required over the cost and expense of maintenance to keep the property of the public utility in a state of efficiency corresponding to the progress of the art or industry. The commission may prescribe such changes in such charges for depreciation as it finds necessary.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.19 | Depreciation Fund.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The moneys for depreciation charges provided for by section 4905.18 of the Revised Code shall be set aside out of the earnings and carried as a depreciation fund. The moneys in such fund may be expended in new construction, extensions, or additions to the property of the public utility, or may be invested. If such moneys are invested, the income from the investment shall also be carried in the depreciation fund. Such fund and its proceeds may be used for the purpose of renewing, restoring, replacing, or substituting depreciated property in order to keep the plant in a state of efficiency. Such fund and the proceeds or income from it shall be used for no purpose other than those purposes provided in this section except upon the approval of the public utilities commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.20 | Abandonment of Facilities.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
No railroad as defined in section 4907.02 of the Revised Code, operating any railroad in this state, and no public utility as defined in section 4905.02 of the Revised Code furnishing service or facilities within this state, shall abandon or be required to abandon or withdraw any main track or depot of a railroad, or main pipe line, gas line, electric light line, water line, sewer line, steam pipe line, or any portion thereof, pumping station, generating plant, power station, sewage treatment plant, or service station of a public utility, or the service rendered thereby that has once been laid, constructed, opened, and used for public business, nor shall any such facility be closed for traffic or service thereon, therein, or thereover except as provided in section 4905.21 of the Revised Code. Any railroad or public utility violating this section shall forfeit and pay into the state treasury not less than one hundred dollars, nor more than one thousand dollars, and shall be subject to all other legal and equitable remedies for the enforcement of this section and section 4905.21 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.22 | Service and Facilities Required - Unreasonable Charge Prohibited.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every public utility shall furnish necessary and adequate service and facilities, and every public utility shall furnish and provide with respect to its business such instrumentalities and facilities, as are adequate and in all respects just and reasonable. All charges made or demanded for any service rendered, or to be rendered, shall be just, reasonable, and not more than the charges allowed by law or by order of the public utilities commission, and no unjust or unreasonable charge shall be made or demanded for, or in connection with, any service, or in excess of that allowed by law or by order of the commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.26 | Complaints as to Service.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
Upon complaint in writing against any public utility by any person, firm, or corporation, or upon the initiative or complaint of the public utilities commission, 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 in any respect unjust, unreasonable, unjustly discriminatory, unjustly preferential, or in violation of law, or that any regulation, measurement, or practice affecting or relating to any service furnished by the public utility, or in connection with such service, is, or will be, in any respect unreasonable, unjust, insufficient, unjustly discriminatory, or unjustly preferential, or that any service is, or will be, inadequate or cannot be obtained, and, upon complaint of a public utility as to any matter affecting its own product or service, if it appears that reasonable grounds for complaint are stated, the commission shall fix a time for hearing and shall notify complainants and the public utility thereof. The notice shall be served not less than fifteen days before hearing and shall state the matters complained of. The commission may adjourn such hearing from time to time.
The parties to the complaint shall be entitled to be heard, represented by counsel, and to have process to enforce the attendance of witnesses.
This section does not apply to matters governed by Chapter 4913. of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.261 | Telephone Call Center for Consumer Complaints.

Effective:
September 29, 2005
Latest Legislation:
House Bill 66 - 126th General Assembly
The public utilities commission shall operate a telephone call center for consumer complaints, to receive complaints by any person, firm, or corporation against any public utility. The commission shall expeditiously provide the consumers' counsel with all information concerning residential consumer complaints received by the commission in the operation of the telephone call center and with any materials produced in the operation of the telephone call center by the commission concerning residential consumer complaints. If technology is reasonably available, the commission shall provide the consumers' counsel with real-time access to the commission's residential consumer complaint information.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.27 | Standard Units.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The public utilities commission shall ascertain and prescribe suitable and convenient standard commercial units of the product or service of any public utility when the character of its product or service is such that it can be determined. Such units shall be the lawful units for the purposes of Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.28 | Standards of Measurement.

Effective:
October 26, 1953
Latest Legislation:
House Bill 134 - 100th General Assembly
The public utilities commission may ascertain and fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage, or other conditions pertaining to the supply or quality of the product furnished or adequacy of service rendered by any public utility and may prescribe reasonable regulations for examination, testing, and measurement of such product or service. It may establish reasonable rules, regulations, specifications, and standards to secure the accuracy of all meters and appliances for measurements.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.29 | Examinations and Tests.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The public utilities commission may provide instruments for, and carry on, the examination and testing of all appliances used for the measurement of any product or service of a public utility or for the examination and testing of any devices or appliances of such public utility used for testing for accuracy any appliance used for the measurement of any product or service of such public utility. Any consumer or user may have any such appliance tested upon payment of the fees fixed by the commission. The commission may establish reasonable fees to be paid for testing such appliances on the request of the consumers or users. The fees shall be paid by the consumer or user at the time the request is made, but shall be paid by the public utility and repaid to the consumer or user if the appliance is found commercially defective or incorrect, to the disadvantage of the consumer or user.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.30 | Printed Schedules of Rates Must Be Filed.

Effective:
December 20, 2012
Latest Legislation:
House Bill 360 - 129th General Assembly
(A) A public utility shall print and file with the public utilities commission schedules showing all rates, joint rates, rentals, tolls, classifications, and charges for service of every kind furnished by it, and all rules and regulations affecting them. The schedules shall be plainly printed and kept open to public inspection. The commission may prescribe the form of every such schedule, and may prescribe, by order, changes in the form of such schedules. The commission may establish and modify rules and regulations for keeping such schedules open to public inspection. A copy of the schedules, or so much thereof as the commission deems necessary for the use and information of the public, shall be printed in plain type and kept on file or posted in such places and in such manner as the commission orders.
(B) Division (A) of this section applies to a telephone company only regarding rates, joint rates, tolls, classifications, charges, rules, and regulations established pursuant to sections 4905.71, 4927.12, 4927.13, 4927.14, 4927.15, and 4927.18 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.303 | Approving Purchases of Synthetic Natural Gas.

Effective:
December 14, 1977
Latest Legislation:
House Bill 415 - 112th General Assembly
(A) Before entering into an agreement to purchase synthetic natural gas or other fuels produced by a facility originated under the auspices of the federal government pursuant to a contract with the federal energy research and development administration or its successor agencies for the purpose of converting coal to gaseous, liquid, or solid fuels or by-products of such fuels, and the construction of which began on or after July 1, 1975, but not later than December 31, 1982, a gas company or natural gas company shall obtain approval of such agreement from the public utilities commission, which approval shall be granted if the purchase price is to be based on the total cost of service of the facility developer or developers in producing the synthetic natural gas or other fuels for a reasonable profit to said developer or developers, taking into account the desirability of encouraging energy research and development, the developmental nature of the facility involved, and the attendant risks for the developer or developers. Promptly after the filing with it of an application to obtain such approval, the public utilities commission shall set the matter for public hearing and shall render a final decision on such application within sixty days of its filing.
(B) Notwithstanding division (B) of section 4905.302 of the Revised Code, any gas company or natural gas company that, pursuant to terms approved by the public utilities commission, enters into an agreement to purchase synthetic natural gas or fuels produced by such a facility for distribution to some or all of its customers shall adjust its rates pursuant to and in accordance with a purchased gas adjustment rule promulgated by the commission pursuant to this section.
(C) The commission may adjust any proposed rate change under division (B) of this section on account of arithmetic or clerical error.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.304 | Examining Coal Research and Development Costs Incurred by Gas or Natural Gas Company.

Effective:
April 5, 1986
Latest Legislation:
House Bill 750 - 116th General Assembly
Once in every six months, the public utilities commission shall examine Ohio coal research and development costs incurred by a gas or natural gas company. The commission shall adopt a rule that:
(A) Requires periodic reports, audits, and hearings and establishes investigative procedures for the purposes of this section;
(B) Allows recovery on a uniform basis per unit of sale of the Ohio coal research and development costs incurred by a gas or natural gas company;
(C) Requires the reporting of such data by gas and natural gas companies as the commission considers necessary for the purposes of this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.32 | Schedule Rate Collected.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No public utility shall charge, demand, exact, receive, or collect a different rate, rental, toll, or charge for any service rendered, or to be rendered, than that applicable to such service as specified in its schedule filed with the public utilities commission which is in effect at the time.
No public utility shall refund or remit directly or indirectly, any rate, rental, toll, or charge so specified, or any part thereof, or extend to any person, firm, or corporation, any rule, regulation, privilege, or facility except such as are specified in such schedule and regularly and uniformly extended to all persons, firms, and corporations under like circumstances for like, or substantially similar, service.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.33 | Rebates, Special Rates, and Free Service Prohibited.

Effective:
January 1, 2001
Latest Legislation:
Senate Bill 3 - 123rd General Assembly
(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. 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.
(B) No public utility 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 4905 | Public Utilities Commission - General Powers › Section 4905.34 | Free Service or Reduced Rates.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
Except as provided in sections 4905.33 and 4905.35 and Chapter 4928. of the Revised Code, Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4927. 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.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.35 | Prohibiting Discrimination.

Effective:
September 17, 1996
Latest Legislation:
House Bill 476 - 121st General Assembly
(A) No public utility shall make or give any undue or unreasonable preference or advantage to any person, firm, corporation, or locality, or subject any person, firm, corporation, or locality to any undue or unreasonable prejudice or disadvantage.
(B)(1) A natural gas company that is a public utility shall offer its regulated services or goods to all similarly situated consumers, including persons with which it is affiliated or which it controls, under comparable terms and conditions.
(2) A natural gas company that is a public utility and that offers to a consumer a bundled service that includes both regulated and unregulated services or goods shall offer, on an unbundled basis, to that same consumer the regulated services or goods that would have been part of the bundled service. Those regulated services or goods shall be of the same quality as or better quality than, and shall be offered at the same price as or a better price than and under the same terms and conditions as or better terms and conditions than, they would have been had they been part of the company's bundled service.
(3) No natural gas company that is a public utility shall condition or limit the availability of any regulated services or goods, or condition the availability of a discounted rate or improved quality, price, term, or condition for any regulated services or goods, on the basis of the identity of the supplier of any other services or goods or on the purchase of any unregulated services or goods from the company.