reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.661 | Low-Income Customer Portfolio Plan Re-Established.

Effective:
May 14, 2021
Latest Legislation:
House Bill 6 - 134th General Assembly
(A) If an electric distribution utility had a portfolio plan that terminated on December 31, 2020, pursuant to division (F) of section 4928.66 of the Revised Code and included a program that benefited, and was limited to, low-income customers with an annual income at or below two hundred per cent of the federal poverty level, the utility shall re-establish the part of the portfolio plan that included the low-income program. The portfolio plan program re-established under this section shall include the same terms and conditions that the public utilities commission approved for the low-income program as it existed prior to the portfolio plan's termination, including the funding level originally allocated to the program.
(B) A portfolio plan program re-established under division (A) of this section shall terminate on December 31, 2021.
(C) The commission shall issue an order requiring electric distribution utilities to re-establish the portfolio plan programs described in division (A) of this section and setting forth the process for their re-establishment. The order shall not authorize the implementation of any new cost recovery mechanisms for these programs or extensions of any cost recovery mechanisms that existed before the programs described in division (A) of this section were re-established.
Last updated June 3, 2021 at 10:53 AM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.662 | Measurement and Determination of Compliance With Demand Reduction Requirements.

Effective:
September 12, 2014
Latest Legislation:
Senate Bill 310 - 130th General Assembly
For the purpose of measuring and determining compliance with the energy efficiency and peak demand reduction requirements under section 4928.66 of the Revised Code, the public utilities commission shall count and recognize compliance as follows:
(A) Energy efficiency savings and peak demand reduction achieved through actions taken by customers or through electric distribution utility programs that comply with federal standards for either or both energy efficiency and peak demand reduction requirements, including resources associated with such savings or reduction that are recognized as capacity resources by the regional transmission organization operating in Ohio in compliance with section 4928.12 of the Revised Code, shall count toward compliance with the energy efficiency and peak demand reduction requirements.
(B) Energy efficiency savings and peak demand reduction achieved on and after the effective date of S.B. 310 of the 130th general assembly shall be measured on the higher of an as found or deemed basis, except that, solely at the option of the electric distribution utility, such savings and reduction achieved since 2006 may also be measured using this method. For new construction, the energy efficiency savings and peak demand reduction shall be counted based on 2008 federal standards, provided that when new construction replaces an existing facility, the difference in energy consumed, energy intensity, and peak demand between the new and replaced facility shall be counted toward meeting the energy efficiency and peak demand reduction requirements.
(C) The commission shall count both the energy efficiency savings and peak demand reduction on an annualized basis.
(D) The commission shall count both the energy efficiency savings and peak demand reduction on a gross savings basis.
(E) The commission shall count energy efficiency savings and peak demand reductions associated with transmission and distribution infrastructure improvements that reduce line losses. No energy efficiency or peak demand reduction achieved under division (E) of this section shall qualify for shared savings.
(F) Energy efficiency savings and peak demand reduction amounts approved by the commission shall continue to be counted toward achieving the energy efficiency and peak demand reduction requirements as long as the requirements remain in effect.
(G) Any energy efficiency savings or peak demand reduction amount achieved in excess of the requirements may, at the discretion of the electric distribution utility, be banked and applied toward achieving the energy efficiency or peak demand reduction requirements in future years.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.6610 | Definitions for Sections 4928.6611 to 4928.6615.

Effective:
October 22, 2019
Latest Legislation:
House Bill 6 - 133rd General Assembly
As used in sections 4928.6611 to 4928.6615 of the Revised Code:
(A) "Customer" means either of the following:
(1) Effective January 1, 2020, a mercantile customer as defined in section 4928.01 of the Revised Code;
(2) Any customer of an electric distribution utility to which either of the following applies:
(a) The customer receives service above the primary voltage level as determined by the utility's tariff classification.
(b) The customer is a commercial or industrial customer to which both of the following apply:
(i) The customer receives electricity through a meter of an end user or through more than one meter at a single location in a quantity that exceeds forty-five million kilowatt hours of electricity for the preceding calendar year.
(ii) The customer has made a written request for registration as a self-assessing purchaser pursuant to section 5727.81 of the Revised Code.
(B) "Energy intensity" means the amount of energy, from electricity, used or consumed per unit of production.
(C) "Portfolio plan" means either of the following:
(1) The comprehensive energy efficiency and peak-demand reduction program portfolio plan required under rules adopted by the public utilities commission and codified in Chapter 4901:1-39 of the Administrative Code or hereafter recodified or amended ;
(2) Any plan implemented pursuant to division (G) of section 4928.66 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.6611 | Opting Out of Portfolio Plan.

Effective:
September 12, 2014
Latest Legislation:
Senate Bill 310 - 130th General Assembly
Beginning January 1, 2017, a customer of an electric distribution utility may opt out of the opportunity and ability to obtain direct benefits from the utility's portfolio plan. Such an opt out shall extend to all of the customer's accounts, irrespective of the size or service voltage level that are associated with the activities performed by the customer and that are located on or adjacent to the customer's premises.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.6612 | Notice of Intent.

Effective:
September 12, 2014
Latest Legislation:
Senate Bill 310 - 130th General Assembly
Any customer electing to opt out under section 4928.6611 of the Revised Code shall do so by providing a verified written notice of intent to opt out to the electric distribution utility from which it receives service and submitting a complete copy of the opt-out notice to the secretary of the public utilities commission.
The notice provided to the utility shall include all of the following:
(A) A statement indicating that the customer has elected to opt out;
(B) The effective date of the election to opt out;
(C) The account number for each customer account to which the opt out shall apply;
(D) The physical location of the customer's load center;
(E) The date upon which the customer established, or plans to establish a process and implement, cost-effective measures to improve its energy efficiency savings and peak demand reductions.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.6613 | Effect of Election to Opt Out.

Effective:
September 12, 2014
Latest Legislation:
Senate Bill 310 - 130th General Assembly
Upon a customer's election to opt out under section 4928.6611 of the Revised Code and commencing on the effective date of the election to opt out, no account properly identified in the customer's verified notice under division (C) of section 4928.6612 of the Revised Code shall be subject to any cost recovery mechanism under section 4928.66 of the Revised Code or eligible to participate in, or directly benefit from, programs arising from electric distribution utility portfolio plans approved by the public utilities commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.6614 | Opting In.

Effective:
September 12, 2014
Latest Legislation:
Senate Bill 310 - 130th General Assembly
(A) A customer subsequently may opt in to an electric distribution utility's portfolio plan after a previous election to opt out under section 4928.6611 of the Revised Code if both of the following apply:
(1) The customer has previously opted out for a period of at least three consecutive calendar years.
(2) The customer gives twelve months' advance notice of its intent to opt in to the public utilities commission and the electric distribution utility from which it receives service.
(B) A customer that opts in under this section shall maintain its opt-in status for three consecutive calendar years before being eligible subsequently to exercise its right to opt out after giving the utility twelve months' advance notice.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.6615 | Notice of Intent to Opt In.

Effective:
September 12, 2014
Latest Legislation:
Senate Bill 310 - 130th General Assembly
Any customer electing to opt in under section 4928.6614 of the Revised Code shall do so by providing a written notice of intent to opt in to the electric distribution utility from which it receives service and submitting a complete copy of the opt-in notice to the secretary of the public utilities commission. The notice shall include all of the following:
(A) A statement indicating that the customer has elected to opt in;
(B) The effective date of the election to opt in;
(C) The account number for each customer account to which the opt in shall apply;
(D) The physical location of the customer's load center.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.68 | Rules Establishing Greenhouse Gas Emission Reporting Requirements.

Effective:
July 31, 2008
Latest Legislation:
Senate Bill 221 - 127th General Assembly
To the extent permitted by federal law, the public utilities commission shall adopt rules establishing greenhouse gas emission reporting requirements, including participation in the climate registry, and carbon dioxide control planning requirements for each electric generating facility that is located in this state, is owned or operated by a public utility that is subject to the commission's jurisdiction, and emits greenhouse gases, including facilities in operation on the effective date of this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.69 | No Surcharge, Service Termination Charge, Exit Fee, or Transition Charge.

Effective:
July 31, 2008
Latest Legislation:
Senate Bill 221 - 127th General Assembly
Notwithstanding any provision of Chapter 4928. of the Revised Code and except as otherwise provided in an agreement filed with and approved by the public utilities commission under section 4905.31 of the Revised Code, an electric distribution utility shall not charge any person that is a customer of a municipal electric utility that is in existence on or before January 1, 2008, any surcharge, service termination charge, exit fee, or transition charge.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.70 | Review of Green Pricing Programs.

Effective:
September 10, 2012
Latest Legislation:
Senate Bill 315 - 129th General Assembly
(A) The public utilities commission may periodically review any green pricing program offered in this state as part of competitive retail electric service. At the conclusion of a review, the commission may make recommendations to improve or expand the program subject of the review.
(B) The commission shall adopt rules necessary to carry out purposes of this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.71 | Study Regarding Customer Choice; Report.

Effective:
September 10, 2012
Latest Legislation:
Senate Bill 315 - 129th General Assembly
The public utilities commission shall study whether increased energy efficiency, demand response, generation, and transmission provide increased opportunities for customer choice. The commission shall include in the study an evaluation of emerging technologies. The commission shall commence the study not later than eighteen months after the effective date of this section. At the conclusion of the study, the commission shall prepare a report of its findings and make the report available on its web site.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.72 | Multi-State Study on the Development of Compressed Natural Gas Infrastructures for Transportation.

Effective:
September 10, 2012
Latest Legislation:
Senate Bill 315 - 129th General Assembly
The public utilities commission may, in cooperation with the department of transportation, work with other states to develop a multi-state study on the development of compressed natural gas infrastructures for transportation.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.75 | Waiver Request.

Effective:
October 22, 2019
Latest Legislation:
House Bill 6 - 133rd General Assembly
Beginning in fiscal year 2021 and each fiscal year thereafter, the director of development services shall, in each fiscal year, submit a completed waiver request in accordance with section 96.83 of Title 45 of the Code of Federal Regulations to the United States department of health and human services and any other applicable federal agencies for the state to expend twenty-five per cent of federal low-income home energy assistance programs funds from the home energy assistance block grants for weatherization services allowed by section 96.83(a) of Title 45 of the Code of Federal Regulations to the United States department of health and human services.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.80 | Rate Schedule Applicable to County Fairs and Agricultural Societies.

Effective:
October 22, 2019
Latest Legislation:
House Bill 6 - 133rd General Assembly
(A) Each electric distribution utility shall file with the public utilities commission a rate schedule applicable to county fairs and agricultural societies that includes either of the following:
(1) A fixed monthly service fee;
(2) An energy charge on a kilowatt-hour basis.
(B) The minimum monthly charge shall not exceed the fixed monthly service fee and the customer shall not be subject to any demand-based riders.
(C) The electric distribution utility shall be eligible to recover any revenue loss associated with customer migration to this new rate schedule.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.02 | Policy of State as to Natural Gas Services and Goods.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) It is the policy of this state to, throughout this state:
(1) Promote the availability to consumers of adequate, reliable, and reasonably priced natural gas services and goods;
(2) Promote the availability of unbundled and comparable natural gas services and goods that provide wholesale and retail consumers with the supplier, price, terms, conditions, and quality options they elect to meet their respective needs;
(3) Promote diversity of natural gas supplies and suppliers, by giving consumers effective choices over the selection of those supplies and suppliers;
(4) Encourage innovation and market access for cost-effective supply- and demand-side natural gas services and goods;
(5) Encourage cost-effective and efficient access to information regarding the operation of the distribution systems of natural gas companies in order to promote effective customer choice of natural gas services and goods;
(6) Recognize the continuing emergence of competitive natural gas markets through the development and implementation of flexible regulatory treatment;
(7) Promote an expeditious transition to the provision of natural gas services and goods in a manner that achieves effective competition and transactions between willing buyers and willing sellers to reduce or eliminate the need for regulation of natural gas services and goods under Chapters 4905. and 4909. of the Revised Code;
(8) Promote effective competition in the provision of natural gas services and goods by avoiding subsidies flowing to or from regulated natural gas services and goods;
(9) Ensure that the risks and rewards of a natural gas company's offering of nonjurisdictional and exempt services and goods do not affect the rates, prices, terms, or conditions of nonexempt, regulated services and goods of a natural gas company and do not affect the financial capability of a natural gas company to comply with the policy of this state specified in this section;
(10) Facilitate the state's competitiveness in the global economy;
(11) Facilitate additional choices for the supply of natural gas for residential consumers, including aggregation;
(12) Promote an alignment of natural gas company interests with consumer interest in energy efficiency and energy conservation.
(B) The public utilities commission and the office of the consumers' counsel shall follow the policy specified in this section in exercising their respective authorities relative to sections 4929.03 to 4929.30 of the Revised Code.
(C) Nothing in Chapter 4929. of the Revised Code shall be construed to alter the public utilities commission's construction or application of division (E) of section 4905.03 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.03 | Applicability of Other Public Utility Commission Provisions.

Effective:
May 27, 2005
Latest Legislation:
House Bill 175 - 125th General Assembly
Except as otherwise provided in section 4929.04 of the Revised Code, only the commodity sales services, distribution services, and ancillary services of a natural gas company are subject to the jurisdiction of the public utilities commission. Chapter 4905. with the exception of section 4905.10, Chapter 4909., Chapter 4935. with the exception of sections 4935.01 and 4935.03, and sections 4933.08, 4933.09, 4933.11, 4933.123, 4933.17, 4933.28, and 4933.32 of the Revised Code do not apply to any other service or goods provided by a natural gas company. Nothing in this chapter prevents the commission from exercising its authority under Title XLIX of the Revised Code to protect customers of nonexempt, regulated services or goods from any adverse effects of the provision of unregulated services or goods. Nothing in this chapter affects the authority of the commission to enforce sections 4905.90 to 4905.96 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.042 | Notice of Converting Use of Gathering Facility.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
A natural gas company shall notify the public utilities commission in writing before converting the use of any gathering facilities described in division (B)(2) of section 4929.041 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.05 | Request for Approval of Alternative Rate Plan.

Effective:
September 9, 2011
Latest Legislation:
House Bill 95 - 129th General Assembly
(A) A natural gas company may request approval of an alternative rate plan by filing an application under section 4909.18 of the Revised Code, regardless of whether the application is for an increase in rates. After investigation, which may include a hearing at the discretion of the public utilities commission, the commission shall authorize the applicant to implement an alternative rate plan if the natural gas company has made a showing and the commission finds that all of the following conditions are met:
(1) The natural gas company is in compliance with section 4905.35 of the Revised Code and is in substantial compliance with the policy of this state specified in section 4929.02 of the Revised Code.
(2) The natural gas company is expected to continue to be in substantial compliance with the policy of this state specified in section 4929.02 of the Revised Code after implementation of the alternative rate plan.
(3) The alternative rate plan is just and reasonable.
(B) The applicant shall have the burden of proof under this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.051 | Plan Proposing to Initiate or Continue a Revenue Decoupling Mechanism.

Effective:
September 9, 2011
Latest Legislation:
House Bill 95 - 129th General Assembly
(A) An alternative rate plan filed by a natural gas company under section 4929.05 of the Revised Code and proposing to initiate or continue a revenue decoupling mechanism shall be considered an application not for an increase in rates if the rates, joint rates, tolls, classifications, charges, or rentals are based upon the billing determinants and revenue requirement authorized by the public utilities commission in the company's most recent rate case proceeding and the plan also establishes, continues, or expands an energy efficiency or energy conservation program.
(B) An alternative rate plan filed by a natural gas company under section 4929.05 of the Revised Code and seeking authorization to continue a previously approved alternative rate plan shall be considered an application not for an increase in rates.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.06 | Prescribing Classifications, Procedures, Terms, or Conditions for Natural Gas Companies.

Effective:
September 17, 1996
Latest Legislation:
House Bill 476 - 121st General Assembly
In carrying out sections 4929.04 and 4929.05 of the Revised Code, the public utilities commission may prescribe different classifications, procedures, terms, or conditions for different natural gas companies and for the natural gas services they provide, provided the classifications, procedures, terms, or conditions are reasonable and do not confer any undue economic, competitive, or market advantage or preference upon any natural gas company.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.08 | Abrogation or Modification of Order.

Effective:
September 17, 1996
Latest Legislation:
House Bill 476 - 121st General Assembly
(A) The public utilities commission has jurisdiction over every natural gas company that has been granted an exemption or alternative rate regulation under section 4929.04 of 4929.05 of the Revised Code, ass to any such company, the commission, upon its own motion or upon the motion of any person adversely affected by such exemption or alternative rate regulation authority, and after notice and hearing and subject to this division, may abrogate or modify any order granting such an exemption or authority only under both of the following conditions:
(1) The commission determines that the findings upon which the order was based are no longer valid and that the abrogation or modification is in the public interest;
(2) The abrogation or modification is not made more than eight years after the effective date of the order, unless the affected natural gas company consents.
(B) After receiving an exemption or alternative rate regulation under section 4929.04 or 4929.05 of the Revised Code, no natural gas company shall implement the exemption or alternative rate regulation in a manner that violates the policy of this state specified in section 4929.02 of the Revised Code. Notwithstanding division (A) of this section, if the commission determines that a natural gas company granted such an exemption or alternative rate regulation is not in substantial compliance with that policy, that the natural gas company is not in compliance with its alternative rate plan, or that the exemption or alternative rate regulation is affecting detrimentally the integrity or safety of the natural gas company's distribution system or the quality of any of the company's regulated services or goods, the commission, after a hearing, may abrogate the order granting such an exemption or alternative rate regulation.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.09 | Designating Natural Gas Supplies That Have Been Obtained to Provide Exempt Service.

Effective:
May 27, 2005
Latest Legislation:
House Bill 175 - 125th General Assembly
In accordance with the commission's order prescribing a separation plan under division (E) of section 4929.04 of the Revised Code, a natural gas company granted an exemption under section 4929.04 of the Revised Code for a commodity sales service or ancillary service may designate the natural gas supplies that have been obtained to provide that exempt service. Nothing in this section prevents the public utilities commission from exercising its authority under section 4905.302 of the Revised Code, provided, however, that the designation of the supplies for the exempt service and the cost of the designated supplies shall not be considered in the determination of rates and charges for the company's nonexempt services, including rates and charges determined pursuant to section 4905.302 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.10 | Adoption of Rules.

Effective:
September 17, 1996
Latest Legislation:
House Bill 476 - 121st General Assembly
The public utilities commission shall adopt rules to carry out this chapter. Initial rules shall be adopted within one hundred eighty days after the effective date of this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.11 | Automatic Adjustment Mechanism or Device for Rates.

Effective:
September 9, 2011
Latest Legislation:
House Bill 95 - 129th General Assembly
(A) Upon an application filed under this section, the public utilities commission may allow any automatic adjustment mechanism or device in a natural gas company's rate schedules that allows a natural gas company's rates or charges for a regulated service or goods to fluctuate automatically in accordance with changes in a specified cost or costs.
(B) Upon an application filed under section 4909.18 or 4929.05 of the Revised Code, the commission may allow any automatic adjustment mechanism or device as described in division (A) of this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.12 | No Intent to Modify Existing Powers.

Effective:
September 17, 1996
Latest Legislation:
House Bill 476 - 121st General Assembly
Except as otherwise provided in the amendment of sections 4901.12, 4905.02, 4905.07, 4905.35, 4911.10, and 5727.33 and the enactment of sections 4929.01 to 4929.15 of the Revised Code by House Bill No. 476 of the 121st general assembly, the general assembly does not intend any modification to the existing powers of the public utilities commission under Title XLIX of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.13 | Exercising Rights of Public Utility.

Effective:
September 17, 1996
Latest Legislation:
House Bill 476 - 121st General Assembly
A natural gas company granted an exemption or alternative rate regulation under section 4929.04 or 4929.05 of the Revised Code is a public utility for the purpose of exercising the rights of a public utility in support of its regulated services and goods. Nothing in this chapter affects the right of appropriation of a natural gas company under law in support of its regulated services and goods.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.14 | Applying Consumer Sales Practices Act.

Effective:
June 26, 2001
Latest Legislation:
House Bill 9 - 124th General Assembly
Sections 1345.01 to 1345.13 of the Revised Code shall apply to transactions between a natural gas company and its customers that involve natural gas services or goods that are exempt from or otherwise not subject to the jurisdiction of the public utilities commission pursuant to section 4929.03 to 4929.05 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.15 | Investigating Service Complaints.

Effective:
September 17, 1996
Latest Legislation:
House Bill 476 - 121st General Assembly
(A) If, by the consumers' counsel's own inquiries or as a result of complaints, the consumers' counsel has reasonable grounds to believe that a natural gas company is engaging in an act or practice giving rise to a ground for complaint under section 4905.26 of the Revised Code, the consumers' counsel may investigate. Prior to commencing an investigation, the consumers' counsel shall notify the natural gas company in writing of the information that the consumers' counsel will seek by the authority granted by this section. If the natural gas company fails to provide the information requested within twenty days after the date of receipt of notice from the consumers' counsel, the consumers' counsel may administer oaths, subpoena witnesses, adduce evidence, and require the production of relevant matter.
(B) Within ten days after the date a subpoena has been served pursuant to division (A) of this section, an application to extend the return day, or modify or quash the subpoena, stating good cause, may be filed with the public utilities commission. The commission shall rule on the application within ten days after the date of its filing.
(C) A person subpoenaed under this section shall comply with the terms of the subpoena, unless, as provided under division (B) of this section, the parties agree to modify the terms of the subpoena or unless the commission has modified or quashed the subpoena, extended the return day of the subpoena, or issued any other order with respect to the subpoena prior to its return day.
(D) If a person fails without lawful excuse to obey a subpoena or to produce relevant matter under this section, the consumers' counsel may file an application with the commission for an order compelling compliance. The commission shall rule on the application within ten days after the date of its filing.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.16 | Definitions.

Effective:
March 23, 2015
Latest Legislation:
House Bill 319 - 130th General Assembly
As used in sections 4929.16 to 4929.167 of the Revised Code:
(A) "Infrastructure development" means constructing extensions of transmission or distribution facilities that a natural gas company owns and operates.
(B) "Infrastructure development costs" means the investment to which both of the following apply:
(1) The investment is in infrastructure development.
(2) The investment is for any deposit required by the natural gas company, as defined in the line-extension provision of the company's tariff, less any contribution in aid of construction received from the owner or developer of the project.
"Infrastructure development costs" includes planning, development, and construction costs and, if applicable, any allowance for funds used during construction.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.161 | Application for Infrastructure Development Rider.

Effective:
June 30, 2017
Latest Legislation:
House Bill 26 - 132nd General Assembly
(A) A natural gas company may file an application with the public utilities commission for approval of an infrastructure development rider to recover prudently incurred infrastructure development costs of one or more economic development projects approved under section 4929.163 of the Revised Code.
(B) The commission shall approve a maximum of one infrastructure development rider per company.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.162 | Effect of Infrastructure Development Rider.

Effective:
June 30, 2017
Latest Legislation:
House Bill 26 - 132nd General Assembly
Under an infrastructure development rider, in each monthly billing period:
(A) The natural gas company may not recover more than one dollar and fifty cents from any single customer in this state, for all projects that were approved under section 4929.163 of the Revised Code and for which recovery was authorized under that rider.
(B) The company shall recover the same amount from every customer.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.163 | Application for Economic Development Project.

Effective:
June 30, 2017
Latest Legislation:
House Bill 26 - 132nd General Assembly
(A) A natural gas company may file an application with the public utilities commission for approval of an economic development project, including a project for which an application has been made under section 122.9511 of the Revised Code for certification under the SiteOhio certification program.
(B) The company shall file the application for project approval prior to beginning the project.
(C) The application for project approval shall contain a description of each of the following:
(1) The economic development project;
(2) The infrastructure development costs to be expended on the project;
(3) How the project meets the criteria set forth in rules adopted under division (D) of this section;
(4) The support for the project by an economic development entity or chamber of commerce. For purposes of this application requirement, "economic development entity" includes any of the following:
(a) JobsOhio or any JobsOhio network or regional partner;
(b) Development services agency;
(c) Port authority created under Chapter 4582. of the Revised Code;
(d) Special improvement district created under Chapter 1710. of the Revised Code;
(e) Community urban redevelopment corporation qualified to operate under Chapter 1728. of the Revised Code;
(f) Community improvement corporation organized under Chapter 1724. of the Revised Code;
(g) New community authority organized under Chapter 349. of the Revised Code;
(h) Joint economic development district created under section 715.70 or 715.71 of the Revised Code;
(i) Development corporation organized under Chapter 1726. of the Revised Code;
(j) Municipal utility district designated under section 715.84 of the Revised Code.
(D) The commission shall adopt rules setting forth the criteria for project approval under this section. The commission may approve a project under this section if the infrastructure development costs are projected to generate a return on the company's investment that is less than the most recently authorized rate of return.
(E) The commission shall adopt rules to provide for an accelerated review of an application filed under division (A) of this section. The rules shall provide for the automatic approval of the application not later than thirty days after the date of the application filing unless the commission suspends the application for good cause shown. If the application is suspended, the commission shall approve, deny, modify, or hold a hearing on the application not later than forty-five days after the date that the suspension begins.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.165 | Annual Report.

Effective:
March 23, 2015
Latest Legislation:
House Bill 319 - 130th General Assembly
A natural gas company that has established an infrastructure development rider under section 4929.161 of the Revised Code shall file an annual report with the public utilities commission. The report shall do both of the following:
(A) Detail the infrastructure development costs related to the applicable economic development project or projects;
(B) Set forth the rider rate for the twelve months following the annual report.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.166 | Property Installed or Constructed by Natural Gas Company to Enable Natural Gas Service to Economic Development Project.

Effective:
June 30, 2017
Latest Legislation:
House Bill 26 - 132nd General Assembly
Any property installed or constructed by a natural gas company to enable the provision of natural gas service to an economic development project approved under section 4929.163 of the Revised Code shall be considered used and useful in rendering public utility service for purposes of section 4909.15 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.167 | Audit of Natural Gas Company.

Effective:
March 23, 2015
Latest Legislation:
House Bill 319 - 130th General Assembly
The public utilities commission may, at its discretion, conduct a financial audit of a natural gas company that has established an infrastructure development rider under section 4929.161 of the Revised Code to determine if the infrastructure development costs incurred by the natural gas company and collected pursuant to the rider are in conformance with the commission's orders.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.18 | Biologically Derived Methane Gas.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) As used in this section, "biologically derived methane gas" has the same meaning as in section 5713.30 of the Revised Code.
(B)(1) The following property, equipment, or facilities installed or constructed by a natural gas company may be treated as instrumentalities and facilities for distribution service if the public utilities commission determines that treatment is just and reasonable:
(a) Any property, equipment, or facilities to enable interconnection with or receipt from any property, equipment, or facilities used to generate, collect, gather, or transport biologically derived methane gas, or to enable the blending or supply of biologically derived methane gas to consumers within this state;
(b) Any property, equipment, or facilities to enable interconnection with or receipt from any property, equipment, or facilities used to generate, collect, gather, or transport hydrogen, or to enable the blending of hydrogen with natural gas for supply to consumers within this state.
(2) If the commission makes the determination described in division (B)(1) of this section, the property, equipment, or facilities shall be considered used and useful in rendering public utility service for purposes of section 4909.15 of the Revised Code.
Last updated October 3, 2023 at 2:35 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.23 | Information Provided by Supplier or Aggregator.

Effective:
June 26, 2001
Latest Legislation:
House Bill 9 - 124th General Assembly
(A) A retail natural gas supplier or governmental aggregator subject to certification under section 4929.20 of the Revised Code shall provide the public utilities commission with such information, regarding a competitive retail natural gas service for which it is subject to certification, as the commission considers necessary to carry out sections 4929.20 to 4929.24 of the Revised Code. The commission shall take such measures as it considers necessary to protect the confidentiality of any such information.
(B) The commission shall require each retail natural gas supplier or governmental aggregator subject to certification under section 4929.20 of the Revised Code to file an annual report of such receipts and sales from the provision of those competitive retail natural gas services for which it is subject to certification. For the purpose of the reports, sales of hundred cubic feet of natural gas are deemed to occur at the meter of the retail customer.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.25 | Determine Total Allowable Amount of Capacity and Commodity Costs, and Costs Incidental Thereto.

Effective:
June 26, 2001
Latest Legislation:
House Bill 9 - 124th General Assembly
(A) Upon the filing of an application by a natural gas company in such form and pursuant to such procedures as shall be prescribed by rule of the commission under section 4929.10 of the Revised Code for the purpose of this division, the commission shall determine the total allowable amount of capacity and commodity costs, and costs incidental thereto, of the company to be received as revenues under this division. Such amount shall be the just and reasonable costs of the company that the commission by order determines meet all of the following criteria:
(1) The costs were prudently incurred.
(2) The costs are legitimate, net, verifiable, and directly due to capacity and commodity obligations entered into by the natural gas company on behalf of consumers that take commodity sales service from other than the natural gas company.
(3) The costs are otherwise unrecoverable.
(4) The company would otherwise be entitled to an opportunity to recover those costs.
The commission shall not authorize such revenue opportunity for a company under this division without first setting the matter for hearing, giving notice of the hearing date to the company, and publishing notice of the hearing one time in a newspaper of general circulation in each county affected by the application. At the hearing, the company shall have the burden of demonstrating allowable costs under this division.
(B) Upon the issuance of an order under division (A) of this section determining any allowable capacity and commodity costs, and costs incidental thereto, of a natural gas company, the company shall file with the commission under section 4905.30 of the Revised Code revised schedules allowing the recovery of such costs as the commission authorized in the order, and containing such necessary and appropriate cost recovery mechanism or mechanisms as the commission prescribes in the order. The commission shall act promptly to approve such revised schedules as it determines comply with the order.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4929 | Alternate Rate Plan for Natural Gas Companies; Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4929.28 | Resolving Issues Regarding Aggregation.

Effective:
June 26, 2001
Latest Legislation:
House Bill 9 - 124th General Assembly
Any governmental aggregator as defined in division (K)(1) or (2) of section 4929.01 of the Revised Code or retail natural gas supplier shall act in good faith with a natural gas company to resolve any issues regarding an aggregation prior to the date of commencement of service to the aggregated load. In the event agreement cannot be reached, either party may petition the public utilities commission to resolve the issues.