reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4907 | Public Utilities Commission - Railroad Powers › Section 4907.60 | Forfeiture for Violation.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
If a railroad fails to perform a duty enjoined upon it by Chapter 4901., 4903., 4905., 4907., 4909., or 4959. of the Revised Code, or does any act prohibited by any of those chapters, for which failure or act no penalty or forfeiture has been provided by law, or fails to obey a lawful requirement or order made by the public utilities commission or order of any court upon application of the commission, the railroad, except as otherwise specifically provided in section 4905.95 of the Revised Code, shall forfeit into the state treasury not less than one hundred nor more than ten thousand dollars for each violation or failure. In construing and enforcing this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by a railroad, while acting within the scope of the officer's, agent's, or other person's employment, is the act, omission, or failure of the railroad.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4907 | Public Utilities Commission - Railroad Powers › Section 4907.61 | Venue of Forfeiture Action by Attorney General.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Except as otherwise specifically provided in sections 4905.96 and 4923.99 of the Revised Code, when the attorney general prosecutes an action for the recovery of a forfeiture provided for in Chapter 4901., 4903., 4905., 4907., 4909., 4921., 4923., or 4959. of the Revised Code, the attorney general may bring the action in the court of common pleas of Franklin county or of any county having jurisdiction of the defendant.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4907 | Public Utilities Commission - Railroad Powers › Section 4907.62 | Punitive Damages.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
If a railroad does, causes, or permits anything prohibited by Chapters 4901., 4903., 4905., 4907., and 4909. of the Revised Code to be done, or omits doing anything required to be done by such chapters, such railroad is liable to the person, firm, or corporation injured thereby in treble the amount of damages sustained in consequence of such violation or omission. A recovery provided by this section shall not affect a recovery by the state of the penalty prescribed for such violation.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4907 | Public Utilities Commission - Railroad Powers › Section 4907.63 | Violation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No officer, agent, or employee in an official capacity of a public utility or railroad shall knowingly violate section 4907.43 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 4907 | Public Utilities Commission - Railroad Powers › Section 4907.99 | Penalty.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
(A) Whoever violates section 4907.21 of the Revised Code shall be fined not less than one hundred nor more than one thousand dollars.
(B) Whoever violates section 4907.22 of the Revised Code shall be fined not less than five hundred nor more than one thousand dollars.
(C) Whoever violates section 4907.32 of the Revised Code shall be fined not less than fifty nor more than five hundred dollars.
(D) Whoever violates section 4907.35 or 4907.38 of the Revised Code shall be fined not less than fifty nor more than one thousand dollars.
(E) Whoever violates section 4907.45 of the Revised Code shall be fined not more than five hundred dollars, imprisoned not more than one year, or both.
(F) Whoever violates section 4907.473 of the Revised Code is guilty of a minor misdemeanor.
(G) Whoever violates section 4907.63 of the Revised Code is guilty of a felony of the fifth degree.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.01 | Public Utilities Commission - Fixation of Rates Definitions.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
As used in this chapter:
(A) "Public utility" has the same meaning as in section 4905.02 of the Revised Code.
(B) "Electric light company," "gas company," "natural gas company," "pipeline company," "water-works company," "sewage disposal system company," and "street railway company" have the same meanings as in section 4905.03 of the Revised Code.
(C) "Railroad" has the same meaning as in section 4907.02 of the Revised Code.
(D) "For-hire motor carrier" has the same meaning as in section 4921.01 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.02 | Regulations and Practices Prescribed by Commission Prima-Facie Reasonable.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
All regulations, practices, and service of railroad companies prescribed by the public utilities commission shall be in force and be prima-facie reasonable, unless suspended or found otherwise in an action brought for that purpose pursuant to Chapters 4901., 4903., 4905., 4907., and 4909. of the Revised Code, or until changed or modified by the commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.03 | Effect of Rates Fixed by Commission.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
All rates, fares, charges, classifications, and joint rates of railroad companies fixed by the public utilities commission shall be in force and be prima-facie lawful for two years from the day they take effect, or until changed or modified by the commission or by an order of a competent court in an action under Chapters 4901., 4903., 4905., 4907., and 4909. of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.04 | Valuation of Property to Determine Justice of Rates.

Effective:
September 1, 1976
Latest Legislation:
Senate Bill 94 - 111th General Assembly
(A) The public utilities commission, for the purpose of ascertaining the reasonableness and justice of rates and charges for the service rendered by public utilities or railroads, or for any other purpose authorized by law, may investigate and ascertain the value of the property of any public utility or railroad in this state used or useful for the service and convenience of the public, using the same criteria that are set forth in section 4909.05 of the Revised Code. At the request of the legislative authority of any municipal corporation, the commission, after hearing and determining that such a valuation is necessary, may also investigate and ascertain the value of the property of any public utility used and useful for the service and convenience of the public where the whole or major portion of such public utility is situated in such municipal corporation.
(B) To assist the commission in preparing such a valuation, every public utility or railroad shall:
(1) Furnish to the commission, or to its agents, as the commission requires, maps, profiles, schedules of rates and tariffs, contracts, reports of engineers, and other documents, records, and papers, or copies of any of them, in aid of any investigation and ascertainment of the value of its property;
(2) Grant to the commission or its agents free access to all of its premises and property and its accounts, records, and memoranda whenever and wherever requested by any such authorized agent;
(3) Cooperate with and aid the commission and its agents in the work of the valuation of its property in such further particulars and to such extent as the commission requires and directs.
(C) The commission may make all rules which seem necessary to ascertain the value of the property and plant of each public utility or railroad.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.051 | Definitions for Sections 4909.052 to 4909.055.

Effective:
April 5, 2019
Latest Legislation:
House Bill 422 - 132nd General Assembly
As used in sections 4909.052 to 4909.055 of the Revised Code:
"Large water-works or sewage disposal system company" means a water-works or sewage disposal system company that has annual operating revenues of two hundred fifty thousand dollars or more.
"Municipal water-works or sewage disposal system company" means any water-works or sewage disposal system company owned or operated by a political subdivision defined in section 6119.011 of the Revised Code or by a municipal corporation.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.052 | Evaluation of Petition for Purchase of Municipal Water-Works or Sewage Disposal System; Acceptance of Cost Report.

Effective:
April 5, 2019
Latest Legislation:
House Bill 422 - 132nd General Assembly
Subject to a finding that such costs are just and reasonable, the public utilities commission in evaluating a petition submitted under section 4905.481 of the Revised Code shall accept the original cost, reported under division (C)(3) of section 4909.05 of the Revised Code, of the acquisition of a municipal water-works or sewage disposal system company that is acquired by a large water-works or sewage disposal system company, provided that the original cost is determined according to all of the following requirements:
(A) The acquiring company has three appraisals performed on the property of the company being acquired.
(B) The three appraisals are performed by three independent utility-valuation experts mutually selected by the acquiring company and the company being acquired from the list maintained under section 4909.054 of the Revised Code.
(C) The average of the three appraisals is used as the fair market value of the company being acquired.
(D) Each utility-valuation expert does all of the following:
(1) Determines the fair market value of the company to be acquired by establishing the amount for which the company would be sold in a voluntary transaction between a willing buyer and a willing seller under no obligation to buy or sell;
(2) Determines the fair market value in compliance with the uniform standards of professional appraisal practice;
(3) Employs the cost, market, and income approach to independently quantify the future benefits of the company to be acquired;
(4) Incorporates the assessment described in division (D) (5) of this section into the appraisal under the cost, market, and income approach;
(5) Engages one engineer who is licensed to prepare an assessment of the tangible assets of the company to be acquired. The original source of funding for any part of the tangible assets shall not be relevant to the determination of the value of those assets.
(E) The lesser of the purchase price or the fair market v alue, described in division (C) of this section, is reported as the original cost under division (C)(3) of section 4909.05 of the Revised Code of the company to be acquired.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.053 | Appraisals.

Effective:
April 5, 2019
Latest Legislation:
House Bill 422 - 132nd General Assembly
Each utility-valuation expert employed under section 4909.052 of the Revised Code shall return the appraisal required under that section, in writing, to both companies described in that section in a reasonable and timely manner. All appraisals shall be included in any filing associated with the acquisition under section 4905.481 or 4909.052 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.054 | List of Utility-Valuation Experts.

Effective:
April 5, 2019
Latest Legislation:
House Bill 422 - 132nd General Assembly
For purposes of section 4909.052 of the Revised Code, the public utilities commission shall maintain a list of utility-valuation experts from which a water-works or sewage disposal system company may choose. The commission shall be responsible for creating and maintaining reasonable criteria that must be met to be included in the list.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.055 | Cost of Obtaining Valuations.

Effective:
April 5, 2019
Latest Legislation:
House Bill 422 - 132nd General Assembly
Prudent costs of obtaining the three valuations used to determine the market value of the system in an acquisition described in section 4909.052 of the Revised Code shall be deferred as an expense for future recovery in a manner as determined by the public utilities commission. In determining the prudence of costs under this section, the commission shall give due regard to the circumstances of the case, including the size and complexity of, and any particular difficulties associated with, the valuation.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.057 | Deferral of Post-in-Service Carrying Costs.

Effective:
April 5, 2019
Latest Legislation:
House Bill 422 - 132nd General Assembly
(A) Upon application of the acquiring company, the public utilities commission may authorize the acquiring company to defer post-in-service carrying costs on any improvements made to the company that is acquired after an acquisition described in section 4909.052 of the Revised Code. Such costs shall be calculated at the acquiring company's weighted average cost of debt as determined in its last rate case. Such deferrals shall commence after the date on which the expenditure was incurred and shall continue until the investment has been in service for a three-year period, until the acquiring company's next rate case that includes the investment, or until the inclusion of the investment in a charge authorized under section 4909.172 of the Revised Code, whichever occurs first.
(B) Upon application of the acquiring company, the public utilities commission may authorize the acquiring company to defer any depreciation expense related to the post-acquisition improvements described in division (A) of this section to be recovered over the life of the assets commencing with the first rate case including the acquisition. This depreciation deferral shall continue until the associated investment has been in service for a three-year period, until the acquiring company's next rate case that includes the investment, or until the inclusion of the investment in a charge authorized under section 4909.172 of the Revised Code, whichever occurs first.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.059 | Construction of Sections.

Effective:
April 5, 2019
Latest Legislation:
House Bill 422 - 132nd General Assembly
Sections 4905.481, 4905.49, 4905.491, and 4909.051 to 4909.057 of the Revised Code shall be exclusively applied to voluntary and mutually agreeable acquisitions.
Last updated February 24, 2022 at 12:36 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.06 | Additional Facts.

Effective:
March 27, 2013
Latest Legislation:
House Bill 379 - 129th General Assembly
The investigation and report required by section 4909.05 of the Revised Code shall show, when the public utilities commission deems it necessary, the amounts, dates, and rates of interest of all bonds outstanding against each public utility or railroad, the property upon which such bonds are a lien, the amounts paid for them, and, the original capital stock and the moneys received by any such public utility or railroad by reason of any issue of stock, bonds, or other securities. Such report shall also show the net and gross receipts of such public utility or railroad and the method by which moneys were expended or paid out and the purpose of such payments. The commission may prescribe the procedure to be followed in making the investigation and valuation, the form in which the results of the ascertainment of the value of each public utility or railroad shall be submitted, and the classifications of the elements that constitute the ascertained value. Such investigation shall also show the value of the property of every public utility or railroad as a whole, and if such property is in more than one county, the value of its property in each of such counties.
"Valuation" and "value," as used in this section, may include, with respect to a natural gas, water-works, or sewage disposal system company, projected valuation and value as of the date certain, if applicable because of a future date certain under section 4909.15 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.07 | Revision and Correction of Valuations.

Effective:
March 27, 2013
Latest Legislation:
House Bill 379 - 129th General Assembly
The public utilities commission, during the making of the valuation provided for in sections 4909.04 to 4909.13 of the Revised Code, and after its completion, shall in like manner keep itself informed through its engineers, experts, and other assistants of all extensions, improvements, or other changes in the condition and value of the property of all public utilities or railroads and shall ascertain the value of such extensions, improvements, and changes. The commission shall, as is required for the proper regulation of such public utilities or railroads, revise and correct its valuations of property, showing such revisions and corrections as a whole and as to each county. Such revisions and corrections shall be filed in the same manner as original reports.
"Valuation" and "value," as used in this section, may include, with respect to a natural gas, water-works, or sewage disposal system company, projected valuation and value as of the date certain, if applicable because of a future date certain under section 4909.15 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.08 | Notice and Hearing Before Valuation Becomes Final.

Effective:
March 27, 2013
Latest Legislation:
House Bill 379 - 129th General Assembly
When the public utilities commission has completed the valuation of the property of any public utility or railroad and before such valuation becomes final, it shall give notice by registered letter to such public utility or railroad, and if a substantial portion of said public utility or railroad is situated in a municipal corporation, then to the mayor of such municipal corporation, stating the valuations placed upon the several kinds and classes of property of such public utility or railroad and upon the property as a whole and give such further notice by publication or otherwise as it shall deem necessary to apprise the public of such valuation. If, within thirty days after such notification, no protest has been filed with the commission, such valuation becomes final. If notice of protest has been filed by any public utility or railroad, the commission shall fix a time for hearing such protest and shall consider at such hearing any matter material thereto presented by such public utility, railroad, or municipal corporation, in support of its protest or by any representative of the public against such protest. If, after the hearing of any protest of any valuation so fixed, the commission is of the opinion that its inventory is incomplete or inaccurate or that its valuation is incorrect, it shall make such changes as are necessary and shall issue an order making such corrected valuations final. A final valuation by the commission and all classifications made for the ascertainment of such valuations shall be public and are prima-facie evidence relative to the value of the property.
"Valuation" and "value," as used in this section, may include, with respect to a natural gas, water-works, or sewage disposal system company, projected valuation and value as of the date certain, if applicable because of a future date certain under section 4909.15 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.09 | Ascertainment of Valuation.

Effective:
September 1, 1976
Latest Legislation:
Senate Bill 94 - 111th General Assembly
When the authority is conferred or the obligation is imposed upon the public utilities commission to ascertain the value of any public utility or railroad, such valuation shall be made in accordance with sections 4901.01 to 4901.14, 4901.17 to 4901.24, 4903.10, 4903.12 to 4903.19, and 4909.04 to 4909.15 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.10 | Hearing to Ascertain Value of Property - Notice.

Effective:
October 26, 1953
Latest Legislation:
House Bill 134 - 100th General Assembly
For the purpose of ascertaining the value of the property of any public utility or railroad in this state, including municipally owned or operated public utilities, the public utilities commission may cause a hearing to be held at such time and place as the commission designates. Before any hearing is had, the commission shall give the public utility or railroad affected thereby, and if a substantial portion of said public utility or railroad is situated in any municipal corporation, then to the mayor of such municipal corporation, at least thirty days' written notice specifying the time and place of hearing and give such further notice by publication or otherwise as it deems necessary to apprise the public of the time and place of hearing. This section does not prevent the commission from making any preliminary examination or investigation into the matters referred to in this section, or from inquiring into such matters in any other investigation or hearing. All public utilities or railroads affected, and any municipal corporation in which the whole or the major portion of said public utility or railroad is located, are entitled to be heard and to introduce evidence at such hearing. The commission may resort to any other source of information available. The evidence introduced at such hearing shall be reduced to writing and certified under the seal of the commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.11 | Filing and Review of Findings.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The public utilities commission shall make and file its findings of fact in writing upon all matters, concerning which evidence has been introduced before it, which in its judgment have bearing on the value of the property of the public utility or railroad affected. Such findings shall be subject to review by the supreme court in the same manner and within the same time as other orders and decisions of the commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.12 | Admissibility of Findings in Evidence.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The findings of the public utilities commission made and filed under section 4909.11 of the Revised Code, when properly certified under the seal of the commission, are admissible in evidence in any action, proceeding, or hearing before the commission or any court, in which the commission, the state or any officer, department, or institution thereof, or any county, municipal corporation, or other body politic, and the public utility or railroad affected may be interested, whether arising under Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code or otherwise. Such findings, when so introduced, shall be evidence of the facts stated in them, as of the date stated in them under conditions then existing.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.13 | Additional Hearings.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The public utilities commission may cause further hearings and investigations to be had for the purpose of making revaluations or ascertaining the value of any betterments, improvements, additions, or extensions made by any public utility or railroad subsequent to any prior hearing or investigation, and may examine into all matters which may change, modify, or affect any finding of fact previously made, and may at such time make findings of fact supplementary to those previously made. Such hearings shall be had upon the same notice and be conducted in the same manner, and the findings so made shall have the same effect, as the original notice, hearing, and findings. Such findings made at supplemental hearings or investigations shall be considered in connection with and as a part of the original findings except insofar as such supplemental findings change or modify the findings made at the original hearing or investigation.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.14 | Wrongful Valuation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No member of the public utilities commission shall willfully overvalue the property of a public utility for the purpose of enabling such public utility to exact a higher rate for service than could lawfully be exacted, or willfully undervalue such property for the purpose of preventing such public utility from charging a lawful rate for such service.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.151 | Consideration of Costs Attributable to Service.

Effective:
September 1, 1976
Latest Legislation:
Senate Bill 94 - 111th General Assembly
In fixing the just, reasonable, and compensatory rates, joint rates, tolls, classifications, charges, or rentals to be observed and charged for service by any public utility, the public utilities commission may consider the costs attributable to such service. The utility shall file with the commission an allocation of the cost, except cost related to sparsity of population, for services for which a change in rates is proposed when evidence relating thereto is presented which indicates that the rate or rates do not generally reflect the cost of providing these services. As used in this section, "costs" includes operation and maintenance expense, depreciation expense, tax expense, and return on investment as actually incurred by the utility. The costs allocated to each service shall include only those costs used by the public utilities commission to determine total allowable revenues.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.152 | Consideration of Efficiency, Sufficiency, Adequacy of Facilities.

Effective:
September 1, 1976
Latest Legislation:
Senate Bill 94 - 111th General Assembly
In fixing the just, reasonable, and compensatory rates, joint rates, tolls, classifications, charges, or rentals to be observed and charged for service by any public utility, the public utilities commission may consider the efficiency, sufficiency, and adequacy of the facilities provided and the services rendered by the public utility, the value of such service to the public, and the ability of the public utility to improve such service and facility.
If the commission determines that the facility or service is inefficient, insufficient, or inadequate, the commission may order the public utility to improve such facility or service to a level determined by the commission to be efficient, sufficient, or adequate. However, in any order entered pursuant to section 4909.19 of the Revised Code, the commission shall authorize a rate of return that is just and reasonable.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.153 | Hearing Service Complaints.

Effective:
September 1, 1976
Latest Legislation:
Senate Bill 94 - 111th General Assembly
In fixing the just, reasonable, and compensatory rates, joint rates, tolls, classifications, charges, or rentals to be observed and charged for service by any public utility, the public utilities commission may hear service complaints, if any, that may be presented by customers and the public during any proceeding involving such rates, joint rates, tolls, classifications, charges, or rentals. No complaint shall be considered by the commission unless the public utility has been given notice of the complaint to be considered at the hearing. The notice shall be in writing and shall be given at least fifteen days prior to the hearing.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.154 | Consideration of Management Policies, Practices, and Organization of Public Utility.

Effective:
January 11, 1983
Latest Legislation:
Senate Bill 378 - 114th General Assembly
In fixing the just, reasonable, and compensatory rates, joint rates, tolls, classifications, charges, or rentals to be observed and charged for service by any public utility, the public utilities commission shall consider the management policies, practices, and organization of the public utility. The commission shall require such public utility to supply information regarding its management policies, practices, and organization.
If the commission finds after a hearing that the management policies, practices, or organization of the public utility are inadequate, inefficient, or improper, the commission may recommend management policies, management practices, or an organizational structure to the public utility.
In any event, the public utilities commission shall not allow such operating and maintenance expenses of a public utility as are incurred by the utility through management policies or administrative practices that the commission considers imprudent.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.155 | Filing Report on Bonds, Stock and Money.

Effective:
September 1, 1976
Latest Legislation:
Senate Bill 94 - 111th General Assembly
In fixing the just, reasonable, and compensatory rates, joint rates, tolls, classifications, charges, or rentals to be observed and charged for service by any public utility, the public utilities commission may require the utility to file a report showing:
(A) The amounts, date of issuance, due date, terms, and rates of interest of all bonds and debentures outstanding against such utility;
(B) The face value of any outstanding preferred stock and the stated value of all outstanding common stock issued by such utility;
(C) The total amount of money received by such utility from the issue of debt and equity securities that are outstanding as of a date certain to be chosen by the commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.156 | Filing Report Showing Property Valuation.

Effective:
March 27, 2013
Latest Legislation:
House Bill 379 - 129th General Assembly
In fixing the just, reasonable, and compensatory rates, joint rates, tolls, classifications, charges, or rentals to be observed and charged for service by any public utility, the public utilities commission shall, in action upon an application filed pursuant to section 4909.18 of the Revised Code, require a public utility to file a report showing the proportionate amounts of the valuation of the property of the utility, as determined under section 4909.05 of the Revised Code, and the proportionate amounts of the revenues and expenses of the utility that are proposed to be considered as attributable to the service area involved in the application.
"Valuation," as used in this section, may include, with respect to a natural gas, water-works, or sewage disposal system company, projected valuation as of the date certain, if applicable because of a future date certain under section 4909.15 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.16 | Power to Amend, Alter, or Suspend Schedule of Rates.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the public utilities commission deems it necessary to prevent injury to the business or interests of the public or of any public utility of this state in case of any emergency to be judged by the commission, it may temporarily alter, amend, or, with the consent of the public utility concerned, suspend any existing rates, schedules, or order relating to or affecting any public utility or part of any public utility in this state. Rates so made by the commission shall apply to one or more of the public utilities in this state, or to any portion thereof, as is directed by the commission, and shall take effect at such time and remain in force for such length of time as the commission prescribes.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.161 | Recovering Increased Excise Tax Levy and Kilowatt-Hour Tax.

Effective:
January 1, 2001
Latest Legislation:
Senate Bill 3 - 123rd General Assembly
(A) Notwithstanding the provisions of Chapters 4905. and 4909. of the Revised Code, the payment of any type of increased excise tax levy shall be considered to be a normal expense incurred by a public utility in the course of rendering service to the public, and may be recovered as such in accordance with an order of the public utilities commission. Any public utility required to pay any such increased excise tax levy may file with the public utilities commission revised rate schedules that will permit full recovery on an interim or permanent basis in its rates, of the amount of any resultant increased tax payments and the commission shall promptly act to approve such schedules.
(B) Notwithstanding Chapters 4905. and 4909. of the Revised Code, the payment of the kilowatt-hour tax imposed by section 5727.81 of the Revised Code shall be considered a normal expense incurred by an electric distribution utility, as defined in section 4928.01 of the Revised Code, in the course of rendering service to the public, and may be recovered as such in accordance with an order of the commission. An electric distribution utility required to pay the kilowatt-hour tax may file with the commission revised rate schedules, consistent with Chapters 4905. and 4909. and division (A)(6) of section 4928.34 of the Revised Code, that will permit full recovery on a permanent basis in its rates, of the amount of any resultant tax payments, after taking into account any reductions of taxes in its rates resulting from Sub. S.B. No. 3 of the 123rd general assembly, and the commission shall act promptly to approve those schedules.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.17 | Approval Required for Change in Rate.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
No rate, joint rate, toll, classification, charge, or rental, no change in any rate, joint rate, toll, classification, charge, or rental, and no regulation or practice affecting any rate, joint rate, toll, classification, charge, or rental of a public utility shall become effective until the public utilities commission, by order, determines it to be just and reasonable, except as provided in this section and sections 4909.18, 4909.19, and 4909.191 of the Revised Code. Such sections do not apply to any rate, joint rate, toll, classification, charge, or rental, or any regulation or practice affecting the same, of railroads, street and electric railways, for-hire motor carriers, and pipe line companies.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.171 | Basing Waterworks Rate Charge on Change in Water Cost Imposed by Local Government.

Effective:
January 6, 2004
Latest Legislation:
Senate Bill 44 - 125th General Assembly
(A) Any waterworks company or any sewage disposal system company may submit an application to the public utilities commission for an increase or decrease in any rate or charge for, respectively, water or sewage treatment, if both of the following conditions are met:
(1) The water or sewage treatment is provided to the company by either of the following:
(a) A municipal corporation or other local governmental unit of this state whose rates are not subject to regulation by the commission;
(b) Another waterworks company, or another sewage disposal system company, that is a public utility and whose rates for the water, or the sewage treatment, have been approved by the commission pursuant to an application filed under section 4909.18 of the Revised Code.
(2) The change in rate or charge is based solely on a change in the cost to the company of the water or the sewage treatment.
Sections 4909.18 and 4909.19 of the Revised Code do not apply to any application filed under this section. An application shall be accompanied by evidence of the new rates and charges charged the company by a provider described in division (A)(1)(a) or (b) of this section.
(B) Pursuant to the filing of an application under division (A) of this section by a waterworks company or a sewage disposal system company, the commission shall approve appropriate revisions in the schedule of the company filed under section 4905.30 of the Revised Code, which revisions shall reflect solely the change in the cost to the company of the water or the sewage treatment, as specified in division (A) of this section and no other cost, charge, or item, and shall not change the distribution of the revenue responsibility of the various classes of the company's customers.
(C) An increase authorized pursuant to division (B) of this section shall not be effective until forty-five days after the date the waterworks company or the sewage disposal system company has provided affected customers with notification of the increase, in such form and by such method as the commission shall prescribe.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.20 | Regulation of Freight Charges.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No railroad company, or person owning, controlling, or operating a railroad in whole or in part within this state, shall charge or receive any greater compensation in the aggregate for the transportation of freight of like kind, for a shorter than for a longer distance over the same line or route in the same direction, the shorter being included within the longer distance, or charge any greater compensation as a through route than the aggregate of the intermediate rates, within the state. This section does not authorize any company or person within the terms of this section to charge or receive as great compensation for a shorter as for a longer distance. Upon application to the public utilities commission, such company or person may in special cases, after investigation, be authorized by the commission to charge less for a longer than for shorter distances for transportation of freight of like kind, and the commission may prescribe the extent to which such designated company or person may be relieved from the operation of this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.21 | Rules and Regulations Relative to Carload Shipments of Livestock.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any company owning or operating a railroad in whole or in part in this state, which receives livestock for shipment in carload lots, shall be governed and regulated by the following rules and regulations relative to the intrastate rates and minimum weights to be charged in carload lot shipments of livestock:
(A) If such company receives hogs for carload lot shipments in cares:
(1) Of a length of thirty-six and seven-tenths feet or under, the rate charged shall be on a basis of a minimum weight of not more than sixteen thousand pounds for single-deck cars, and twenty-two thousand pounds for double-deck cars;
(2) Of a length exceeding thirty-six and seven-tenths feet, and not more than forty feet, the rate charged shall be on a basis of minimum weight of not more than seventeen thousand pounds for single-deck cars, and twenty-three thousand pounds for double-deck cars;
(3) Over forty feet in length the rate charged shall be on a basis of a minimum weight of not exceeding eighteen thousand pounds for single-deck cars and twenty-four thousand pounds for double-deck cars.
(B) If such company receives for shipment a car containing a mixture of hogs, cattle, and sheep, or any two of them, the freight rate charged shall be based upon the same animal classification as is used to determine the minimum freight weight. The public utilities commission shall enforce this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.22 | Rates Shall Be Just and Reasonable.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
When passengers or property are transported over two or more connecting railroads between points in this state, and the railroad companies have made joint rates for the transportation of such passengers or property, such rates and all charges in connection therewith shall be just and reasonable. Every unjust and unreasonable charge is prohibited. A less charge by each of such railroads for its proportion of such joint rates than is made locally between the same points on their respective lines is not for that reason a violation of Chapters 4901., 4903., 4905., 4907., and 4909. of the Revised Code and does not render such railroads liable to any of the penalties in such chapters.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.23 | Special Contract Rates.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code do not prevent concentration, commodity, transit, and other special contract rates, but all such rates are subject to such chapters as to their printing and filing. Such rates shall be open to all shippers for a like kind of traffic under similar circumstances and conditions and shall be under the supervision and regulation of the public utilities commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.24 | Complaints and Hearings.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Upon complaint of a person, firm, corporation, or association, of a mercantile, agricultural, or manufacturing society, or of a body politic or municipal organization, that any of the rates, fares, charges, or classifications, or any joint rates are in any respect unreasonable or unjustly discriminatory, or that any regulation or practice, affecting the transportation of persons or property, or any service in connection therewith, are in any respect unreasonable or unjustly discriminatory, or that any service is inadequate, the public utilities commission may notify the railroad complained of that complaint has been made, and ten days after such notice proceed to investigate such charges as provided in Chapters 4901., 4903., 4905., 4907., and 4909. of the Revised Code. Before making such investigation, the commission shall give the railroad and the complainants ten days' notice of the time and place such matters will be considered and determined, and such parties are entitled to be heard and to have process to enforce the attendance of witnesses.
A railroad may make complaint with like effect as though made by any person, firm, corporation, or association, mercantile, agricultural, or manufacturing society, body politic, or municipal organization.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.25 | Separate Hearings.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When complaint is made of more than one rate or charge, the public utilities commission may order separate hearings thereon, and may consider and determine the matters complained of separately, and at such times as it prescribes. No complaint shall necessarily be dismissed because of the absence of direct damage to the complainant.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.26 | Commission May Change Unreasonable Rate.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon an investigation, if the rate, or any regulation, practice, or service of any railroad complained of is found to be unreasonable or unjustly discriminatory, or the service inadequate, the public utilities commission may fix and order substituted therefor, such rate, fare, charge, or classification as it determines is to be just and reasonable, which shall be charged, imposed, and followed in the future. The commission may also make such orders respecting such regulation, practice, or service as it determines is reasonable, which shall be observed and followed in the future, but no rate fixed shall exceed the maximum rate prescribed by any statute of this state in force at the time the commission fixes such rates.