reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-21 - Competitive Retail Electric Service Providers › Section 4901:1-21-11 - Contract administration

Current through all regulations passed
			 and filed through July 1, 2024
(A) Competitive retail electric service
			 (CRES) providers, except automatic governmental aggregation pursuant to
			 division (A) of section
			 4928.20 of the Revised Code, and
			 percentage of income payment plan customers for whom the Ohio development
			 services agency procures electric services pursuant to section
			 4928.52 of the Revised Code,
			 shall arrange for the provision of competitive retail electric service by
			 contracting with their customers. In their administration of such contracts,
			 CRES providers are prohibited from engaging in unfair, deceptive, misleading,
			 and unconscionable acts and practices.
(B) CRES providers shall arrange for the
			 provision of CRES to residential and small commercial customers in compliance
			 with rule
			 4901:1-21-06 of the
			 Administrative Code.
(C) CRES
			 providers shall maintain copies of individual customer contracts for no less
			 than two years after each such contract terminates. Copies may be saved in
			 electronic formats if such preserves the image of the original signatures on
			 signed documents.
(D) In its
			 administration of residential and small commercial contracts, a CRES provider
			 shall also comply with the following requirements:
(1) A CRES provider shall not assign customer
			 contract(s) to another CRES provider without:
(a) Providing a minimum of fourteen calendar
			 days written notice to the director of the service monitoring and enforcement
			 department or the director's designee and any affected electric utility before
			 the contract assignment, with such notice 
										including:
(i) The name of the CRES provider to whom the
			 contracts will be assigned.
(ii)
			 The type of contracts to be assigned (i.e., residential, small
			 commercial).
(iii) The number of
			 contracts to be assigned.
(iv) The
			 electric utility service territories involved.
(v) The date of the proposed
			 assignment.
(vi) A copy of the
			 customer notification.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-21 - Competitive Retail Electric Service Providers › Section 4901:1-21-12 - Contract disclosure

Current through all regulations passed and
			 filed through July 1, 2024
(A) All competitive retail electric service
			 (CRES) provider customer contracts shall include, but not be limited to, the
			 following information:
(1)
									
									If applicable,
			 a notification that the electric utility may charge switching fees to the
			 customer.
(2) A notification that
			 the customer has the right to request from the CRES provider, twice within a
			 
									twelve-month period, up to twenty-four months of the
			 customer's payment history without charge.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-21 - Competitive Retail Electric Service Providers › Section 4901:1-21-13 - Net metering contracts

Current through all regulations
			 passed and filed through July 1, 2024
(A) An electric services company providing
			 retail electric generation service may offer net metering to its customers by
			 developing a contract for net metering that is consistent with the requirements
			 of rules
			 4901:1-21-11
			 and
			 4901:1-21-12
			 of the Administrative Code. Such contract shall be made available upon request
			 to qualifying customer generators.
(1) A
			 qualifying customer generator is one whose generating facilities are:
(a) Fueled by solar, wind, biomass, landfill
			 gas, or hydropower, or use a microturbine or a fuel cell.
(b) Located on a customer generator's
			 premises.
(c) Operated in parallel
			 with the electric utility's transmission and distribution facilities.
(d) Intended primarily to offset
			 part or all of the customer generator's requirements for electricity.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-21 - Competitive Retail Electric Service Providers › Section 4901:1-21-15 - Noncompliance with rules or orders

Current through all regulations
			 passed and filed through July 1, 2024
(A) Any competitive retail electric service
			 (CRES) provider that fails to comply with Chapter 4928. of the Revised Code,
			 any rule in this chapter, or any commission order adopted thereunder may, after
			 opportunity for hearing, be subject to any and all of the following available
			 under the law, including but not limited to:
(1) Forfeiture to the state of not more than
			 ten thousand dollars for each such failure. Each day's continuance of the
			 violation is a separate offense.
(2) Suspension, rescission, conditional
			 rescission, or revocation of the CRES provider's certificate or denial of a
			 request for renewal of a certificate.
(3) Rescission of a customer contract.
(4) Restitution or damages to the
			 customer/consumer.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-21 - Competitive Retail Electric Service Providers › Section 4901:1-21-19 - Disclosures of renewable energy resource compliance costs

Current through all regulations passed and filed through July 1,
			 2024
(A)
								 As used in this rule, "renewable energy resource" has
			 the meaning set forth in division (A)(37) of section
			 4928.01 of the Revised
			 Code.
(B)
								 Each competitive retail electric service (CRES)
			 provider shall list on all customer bills sent by the CRES provider that do not
			 include electric distribution utility (EDU) charges the individual customer
			 cost of compliance with the renewable energy resource requirements for the
			 applicable billing period.
(1)
									 The cost of compliance with the renewable energy
			 resource requirements shall be calculated as the sum of the following:
(a)
										 The customer's
			 usage in megawatt-hours for the applicable billing period, multiplied by the
			 statutory solar percentage requirement pursuant to division (B)(2) of section
			 4928.64 of the Revised Code for
			 the year in which the bill is issued, multiplied by the average of the Ohio
			 solar and other solar renewable energy credit (REC) costs for CRES providers as
			 reported in the commission's most recent compliance report provided to the
			 general assembly; and
(b)
										 The customer's usage in megawatt-hours for the
			 applicable billing period, multiplied by the statutory non-solar percentage
			 requirement pursuant to division (B)(2) of section
			 4928.64 of the Revised Code for
			 the year in which the bill is issued, multiplied by the average of the Ohio
			 non-solar and other non-solar REC costs for CRES providers as reported in the
			 commission's most recent compliance report provided to the general assembly.
			 The statutory non-solar requirement shall equal the total renewable requirement
			 net of the solar requirement.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-21 - Competitive Retail Electric Service Providers › Section 4901:1-21-19 - Disclosures of renewable energy resource compliance costs

Current through all regulations passed and filed through July 1,
			 2024
(A)
								As used in this rule, "renewable energy resource" has
			 the meaning set forth in division (A)(37) of section
			 4928.01 of the Revised
			 Code.
(B) Each competitive
			 retail electric service (CRES) provider shall list on all customer bills sent
			 by the CRES provider that do not include electric distribution utility (EDU)
			 charges the individual customer cost of compliance with the renewable energy
			 resource requirements for the applicable billing period
Tthe
			 cost of compliance with the renewable energy resource requirements shall be
			 calculated as the customer's usage in megawatt-hours for the applicable billing
			 period, multiplied by the statutory percentage requirement pursuant to division
			 (B)(2) of section 4928.64 of the Revised Code for
			 the year in which the bill is issued, multiplied by the average of the Ohio
			 renewable energy credit (REC) costs for CRES providers as reported in the
			 commission's most recent compliance report provided to the general assembly.
(C)
								Each
			 CRES provider shall list on all customer bills sent by the CRES provider that
			 include both EDU and CRES provider charges (consolidated bills) the cost of
			 compliance with the renewable energy resource requirements, calculated as set
			 forth in paragraph (B) of this rule, for the applicable billing
			 period.
(D)
								Each of these costs shall be listed on each customer's
			 monthly bill as a distinct line item.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-22 - Interconnection Services › Section 4901:1-22-01 - Definitions

Current through all regulations passed and filed
			 through July 1, 2024
As used in this chapter:
(A) "Applicant" means the person requesting
			 interconnection service and may be any of the following:
(1) A customer-generator as defined by
			 division (A)(29) of section
			 4928.01 of the Revised
			 Code.
(2) A self-generator as
			 defined by division (A)(32) of section
			 4928.01 of the Revised
			 Code.
(3) The owner or operator of
			 a distributed energy resource as defined in paragraph (L) of this
			 rule.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-22 - Interconnection Services › Section 4901:1-22-02 - Scope and application

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 The rules in this chapter are intended to do all of the following:
(1) Make compliance within this chapter not
			 unduly burdensome or expensive for any applicant in accordance with division
			 (A) of section 4928.11 of the Revised
			 Code.
(2) Establish uniform
			 nondiscriminatory, technology-neutral procedures for interconnecting DERs to an
			 EDU's system in a manner that protects public and worker safety and system
			 reliability.
(3) Apply in the
			 entire territory where commission-approved tariffs apply to those situations
			 where an applicant seeks to physically connect a DER to, and operate it in
			 parallel with, the EDU's system.
(4) Provide three review options for an
			 applicant's request for interconnection with the EDU including level 1, level
			 2, and level 3 procedures.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-22 - Interconnection Services › Section 4901:1-22-03 - Industry standards

Current through all regulations passed and filed
			 through July 1, 2024
The following safety and performance standards established by
				the institute of electrical and electronics engineers (IEEE), the underwriters
				laboratories (UL), and the national fire and protection association (NFPA)
				including the national electric code (NEC), or the subsequent controlling
				version at the time the interconnection application is submitted, apply
				throughout this chapter, and as required consistent with division (B)(4) of
				section 4928.67 of the Revised Code:
				IEEE Std 1547T-2003; IEEE Std 1547T-2014a; IEEE Std 1547.1T-2005; IEEE Std
				1547.1aT; UL 1741, Edition 2; NFPA 70® NEC® 2017.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-22 - Interconnection Services › Section 4901:1-22-04 - General provisions

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Prohibitions
(1) In accordance with the EDU's
			 code of conduct adopted pursuant to section
			 4928.17 of the Revised Code, an
			 EDU or its affiliates shall not use, without the customer's consent, such
			 knowledge of proposed interconnection service to prepare competing proposals to
			 the interconnection service that offer either discounted rates in return for
			 not providing the interconnection service or competing generation.
(2) No EDU shall reject, penalize, or
			 discourage the use or development of new technology for interconnection service
			 in accordance with division (A) of section
			 4928.11 of the Revised
			 Code.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-22 - Interconnection Services › Section 4901:1-22-05 - Application requirements for interconnection

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Application forms
(1) Each applicant for
			 interconnection to an EDU's system shall complete either of the following:
(a) A "short form" application for
			 interconnection of a DER that is twenty-five kilowatts or less and utilizes
			 equipment that is certified in compliance with IEEE and UL standards, as set
			 forth in rule
			 4901:1-22-03 of the
			 Administrative Code.
(b) A standard
			 application for interconnection of a DER that does not qualify for a "short
			 form" application.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-22 - Interconnection Services › Section 4901:1-22-06 - Level 1 review procedure

Current through all regulations
			 passed and filed through July 1, 2024
(A) Level 1 qualifying criteria
In order for the application to be approved by the EDU under
				the level 1 review procedure,
				the applicant's 
									DER must meet the following requirements:
(1) The 
									DER uses inverter-based equipment that is certified in
			 compliance with the IEEE
			  and UL
			  standards set forth in
			 rule
			 4901:1-22-03
			 of the Administrative Code.
(2) The
			 
									DER has a nominal
			 nameplate capacity of twenty-five kilowatts or less.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-22 - Interconnection Services › Section 4901:1-22-07 - Level 2 review procedure

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Level 2 qualifying criteria
In order for the application to be reviewed by the EDU under
				the level 2 review procedure, the applicant's DER must meet the following
				requirements:
(1) The DER utilizes
			 inverter-based equipment that is certified in compliance with the IEEE and UL
			 standards set forth in rule
			 4901:1-22-03 of the
			 Administrative Code.
(2) The DER
			 does not meet the level 1 interconnection review requirements.
(3) The DER nominal nameplate capacity does
			 not exceed the limits identified in the table below, which vary according to
			 the voltage of the line at the proposed point of interconnection. DERs located
			 within 2.5 feeder line miles of a substation and on a main distribution line
			 with minimum 600-ampere capacity are eligible for level 2 review under higher
			 thresholds. These eligibility limits do not guarantee fast track approval.
Line Voltage
Nominal Nameplate Capacity
Nominal Nameplate Capacity if located on a 600 amp line
						  and within 2.5 feeder miles of substation
less than or equal to 5kV
less than or equal to 500 kW
less than 2 MW
5kV less than or equal to 15 kV
less than or equal to 2MW
less than 3 MW
15 kV less than or equal to 30 kV
less than or equal to 3MW
less than 4 MW
30 kV less than or equal to 69 kV
less than or equal to 4MW
less than 5 MW
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-22 - Interconnection Services › Section 4901:1-22-08 - Level 3 review procedure

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Level 3 review qualifying criteria
In order for the application to be approved by the EDU under
				the level 3 review procedure, one of the following conditions must
				apply:
(1) The DER does not qualify or
			 failed to meet the level 1 or level 2 interconnection review
			 requirements.
(2) The DER does not
			 utilize equipment that is certified in compliance with the IEEE and UL
			 standards as set forth in rule
			 4901:1-22-03 of the
			 Administrative Code.
(3) The DER
			 has a nominal nameplate capacity of twenty megawatts or less.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-22 - Interconnection Services › Section 4901:1-22-09 - Scoping meeting and interconnection studies

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Scoping meeting
(1) A scoping meeting will be
			 held within ten business days after the interconnection application is deemed
			 complete, or as otherwise mutually agreed to by the parties. The EDU and the
			 applicant may bring to the meeting personnel, including system engineers and
			 other resources as may be reasonably required to accomplish the purpose of the
			 meeting.
(2) The purpose of the
			 scoping meeting is to discuss alternative interconnection options, to determine
			 potential points of common coupling, to examine the applicant's proposed
			 generator connection, or to review an applicant's preapplication report or
			 existing studies relevant to the interconnection application. The parties shall
			 further discuss the appropriate interconnection studies required to evaluate
			 the interconnection of the proposed DER to the EDU's system.
(3) The scoping meeting may be waived by
			 mutual agreement if the parties decide to proceed directly to the
			 interconnection studies.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-22 - Interconnection Services › Section 4901:1-22-10 - Uniform requirements for interconnection agreements

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 The EDU shall provide the applicant with a standard interconnection agreement
			 for the DER within five business days following completion of project review.
			 If applicable, the applicant 
								is responsible for the cost of the
			 interconnection facilities and distribution upgrades identified in the
			 facilities study.
(B) The applicant
			 shall have thirty business days or another mutually agreeable time frame after
			 the standard interconnection agreement is received to sign and return the
			 interconnection agreement to the EDU.
(C) If the applicant does not sign the
			 agreement within thirty business days, the interconnection request will be
			 deemed withdrawn unless the applicant requests an extension of the deadline in
			 writing. The request for extension shall not be denied by the EDU, unless
			 conditions on the EDU system have changed or the EDU determines that the
			 extension will adversely impact one or more queued projects.
(D) Milestones for construction
(1) When construction is required, the
			 interconnection of DER will proceed according to any milestones agreed to by
			 the parties in the standard interconnection agreement.
(2) The interconnection agreement
			 
									is
			 not effective until the milestones agreed to in the standard
			 interconnection agreement are satisfied, including the following:
(a) The DER is approved by electric code
			 officials with jurisdiction over the interconnection.
(b) The applicant provides a certificate of
			 completion to the EDU; or there is a successful completion of an on-site
			 operational test within ten business days or at a mutually convenient time,
			 unless waived. The operational test shall be observed by EDU personnel or a
			 qualified third party with sufficient expertise to verify that the criteria for
			 testing have been met.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-22 - Interconnection Services › Section 4901:1-22-11 - Backup electricity supply

Current through all regulations
			 passed and filed through July 1, 2024
Replacement electric power for the applicant shall be supplied
				in accordance with division (C) of section
				4928.15 of the Revised Code, by
				either of the following:
(A) The
			 
								EDU either at a tariff rate or at the market
			 price as provided for in its tariff.
(B) By the applicant's competitive retail
			 electric service provider at a rate to be determined by contract.
Effective:
				7/10/2014
R.C.
				119.032 review dates:
				04/24/2014 and
				06/24/2019
Promulgated
				Under: 111.15
Statutory
				Authority: 4928.06
Rule
				Amplifies: 4928.11
Prior
				Effective Dates: 10/22/07
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-22 - Interconnection Services › Section 4901:1-22-12 - Complaints

Current through all regulations passed and filed through July 1,
			 2024
All formal complaints brought by applicants or interconnection
				service customers pursuant to section
				4905.26
				of the Revised Code, will be handled according to the procedural standards set
				forth in Chapters 4901-1 and 4901-9 of the Administrative Code. Each EDU must
				provide to the commission  the name and telephone number of a contact person to assist
				the commission staff with the resolution of informal complaints regarding
				provisions in Chapter 4901:1-22 of the Administrative Code.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-22 - Interconnection Services › Section 4901:1-22-13 - Exceptions

Current through all regulations passed and filed through July 1,
			 2024
Except where rule requirements are mandated by federal or state
				law, the commission may waive any provision contained in this chapter for good
				cause upon its own motion or upon application by a company.
R.C.
				119.032 review dates:
				04/24/2014 and
				04/24/2019
Promulgated
				Under: 111.15
Statutory
				Authority: 4928.06
Rule
				Amplifies: 4928.11
Prior
				Effective Dates: 10/22/07
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-23 - Electric Reliability, Customer Service and Safety › Section 4901:1-23-01 - Purpose and scope

Current through all regulations passed and
			 filed through July 1, 2024
(A) The rules contained in this chapter
			 prescribe procedures for staff of the public utilities commission of Ohio to
			 administer and enforce the electric reliability, customer service, and safety
			 code set forth in Chapters 4901:1-21 and/or 4901:1-10 of the Administrative
			 Code and commission orders issued thereunder.
(B) This chapter also governs customer
			 service, reliability, and safety proceedings of the public utilities commission
			 of Ohio to:
(1) Investigate and determine an
			 electric utility's or competitive retail electric service provider's compliance
			 with Chapters 4901:1-21 and/or 4901:1-10 of the Administrative Code and
			 commission orders issued thereunder.
(2) Review settlement agreements and approve
			 stipulations by the staff and the electric utility or competitive retail
			 electric service provider.
(3)
			 Issue and enforce compliance orders.
(4) Assess forfeitures.
(5) Direct the attorney general to seek
			 enforcement of commission orders, including orders authorizing forfeitures, and
			 appropriate remedies in court to protect the public safety, reliability, and
			 customer service.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-23 - Electric Reliability, Customer Service and Safety › Section 4901:1-23-02 - Staff notice of probable noncompliance, proposed corrective action, and proposed forfeiture

Current through all regulations
			 passed and filed through July 1, 2024
(A) After an inspection, investigation, or
			 complaint, a staff notice of probable noncompliance may be issued. The staff
			 notice of probable noncompliance may be issued with a proposed corrective
			 action and/or a proposed forfeiture;
(B) The staff may issue an amended notice of
			 probable noncompliance, proposed corrective action, or proposed forfeiture at
			 any time prior to the commencement of a compliance proceeding or other
			 commission proceeding brought pursuant to rule
			 4901:1-23-05
			 of the Administrative Code, in order to modify or include additional probable
			 noncompliance or violations, facts, proposed forfeitures, and proposed
			 compliance orders. Once the commission initiates a compliance or other
			 proceeding pursuant to rule
			 4901:1-23-05
			 of the Administrative Code, this rule does not prevent the staff during the
			 course of such proceeding, from seeking a finding of violations not listed in
			 the staff notice or amended staff notice of probable noncompliance(or
			 rescinding or refraining from seeking a finding of violations) or from seeking
			 a corrective action or proposed forfeiture that varies from previous staff
			 notices issued under this rule, provided that the staff's proposed findings
			 and/or violations relate to the same incident, type of incident, investigation,
			 or audit(s).
(C) Any staff notice
			 of probable noncompliance, proposed corrective action, proposed forfeiture, or
			 amendments thereto shall be served pursuant to rule
			 4901:1-23-03
			 of the Administrative Code.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-23 - Electric Reliability, Customer Service and Safety › Section 4901:1-23-02 - Staff notice of probable noncompliance, proposed corrective action, and proposed forfeiture

Current through all regulations passed and
			 filed through July 1, 2024
(A) After an inspection, investigation, or
			 complaint, a staff notice of probable noncompliance may be issued. The staff
			 notice of probable noncompliance may be issued with a proposed corrective
			 action and/or a proposed forfeiture;
(B) The staff may issue an amended notice of
			 probable noncompliance, proposed corrective action, or proposed forfeiture at
			 any time prior to the commencement of a compliance proceeding or other
			 commission proceeding brought pursuant to rule
			 4901:1-23-05 of the
			 Administrative Code, in order to modify or include additional probable
			 noncompliance or violations, facts, proposed forfeitures, and proposed
			 compliance orders. Once the commission initiates a compliance or other
			 proceeding pursuant to rule
			 4901:1-23-05 of the
			 Administrative Code, this rule does not prevent the staff during the course of
			 such proceeding, from seeking a finding of violations not listed in the staff
			 notice or amended staff notice of probable noncompliance (or rescinding or
			 refraining from seeking a finding of violations) or from seeking a corrective
			 action or proposed forfeiture that varies from previous staff notices issued
			 under this rule, provided that the staff's proposed findings and/or violations
			 relate to the same incident, type of incident, investigation, or audit(s).
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-23 - Electric Reliability, Customer Service and Safety › Section 4901:1-23-03 - Service of staff notices of probable noncompliance, proposed corrective action, and proposed forfeiture

Current through all regulations
			 passed and filed through July 1, 2024
(A) Staff notices of probable noncompliance,
			 proposed corrective actions, proposed forfeitures, and amendments thereto under
			 rule
			 4901:1-23-02
			 of the Administrative Code and investigative reports under rule
			 4901:1-23-05
			 of the Administrative Code shall be served on the electric utility or
			 competitive retail electric service(CRES) provider by certified United States
			 mail. Service is effective upon receipt by any employee, agent of, or person
			 designated by the electric utility or CRES provider. Unless otherwise provided
			 in this paragraph, service upon an electric utility or CRES provider shall be
			 made at the address designated as the service address in the company's most
			 recent annual financial report, in its certification application, or
			 certification renewal application.
(B) Each electric utility or CRES provider
			 shall provide the commission with its current service address. If the service
			 address has changed since the most recent annual report was submitted to the
			 commission, or the service address or business address has not been disclosed
			 to the commission, service shall be made at any business address known to the
			 commission.
(C) If the service
			 envelope is returned with an endorsement showing failure of delivery, then
			 service may be made by ordinary United States mail and is effective on the date
			 of mailing.
Five Year Review (FYR) Dates:
				09/25/2014 and
				09/25/2019
Promulgated
				Under: 111.15
Statutory
				Authority: 4928.09,
				4905.04,
				4905.06,
				4928.08,
				4928.10,
				4928.11,
				4928.16
Rule
				Amplifies: 4929.16
Prior
				Effective Dates: 9/18/00, 6/29/09
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-23 - Electric Reliability, Customer Service and Safety › Section 4901:1-23-04 - Settlement agreements and stipulations

Current through
			 all regulations passed and filed through July 1, 2024
(A) If staff and the electric utility or
			 competitive retail electric service (CRES) provider reach agreement regarding
			 the violation of a rule within this chapter or Chapter 4901:1-21 or 4901:1-10
			 of the Administrative Code, the violation of a commission order, a proposed
			 corrective action or remedy, or the amount of a forfeiture or other payment,
			 then the agreement must be reduced to writing in a settlement agreement. Such
			 agreement shall be signed by an officer of the company or its attorney and the
			 assistant attorney general who serves as legal counsel for staff. Except as
			 otherwise provided in paragraph (B) of this rule, the settlement agreement
			 shall not be effective until both of the following have occurred:
(1) The stipulation is filed with the
			 commission for approval pursuant to a compliance or other proceeding.
(2) The stipulation is approved by and made
			 the order of the commission.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-23 - Electric Reliability, Customer Service and Safety › Section 4901:1-23-04 - Settlement agreements and stipulations

Current through
			 all regulations passed and filed through July 1, 2024
(A) If staff and the electric utility or
			 competitive retail electric service (CRES) provider reach agreement regarding
			 the violation of a rule within this chapter or Chapter 4901:1-21 or 4901:1-10
			 of the Administrative Code, the violation of a commission order, a proposed
			 corrective action or remedy, or the amount of a forfeiture or other payment,
			 then the agreement must be reduced to writing in a settlement agreement. Such
			 agreement shall be signed by an officer of the company or its attorney and the
			 assistant attorney general who serves as legal counsel for staff. Except as
			 otherwise provided in paragraph (B) of this rule, the settlement agreement
			 will not
			 be effective until both of the following have occurred:
(1) The stipulation is filed with the
			 commission for approval pursuant to a compliance or other proceeding.
(2) The stipulation is
			 determined to be reasonable by, approved by, and made the order of the commission.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-23 - Electric Reliability, Customer Service and Safety › Section 4901:1-23-05 - Commission proceedings

Current through all regulations
			 passed and filed through July 1, 2024
(A) The commission may initiate a compliance
			 or other proceeding upon its own initiative, or after an incident has occurred,
			 after a complaint is filed pursuant to section
			 4905.26 of the Revised Code, or
			 after a staff notice of probable noncompliance is served.
(B) The commission shall conduct such
			 compliance or other proceedings in accordance with Chapter 4901-1 of the
			 Administrative Code.
(C) Unless
			 otherwise ordered by the commission or an attorney examiner assigned to the
			 proceeding, the staff shall file with the commission and serve upon the
			 electric utility or competitive retail electric service (CRES) provider a
			 written report of investigation (investigative report) in each proceeding,
			 within forty-five calendar days after the commission issues an entry initiating
			 a compliance proceeding. The investigative report shall present:
(1) The findings on any alleged noncompliance
			 specified in any staff notice or amended staff notice, which may include:
(a) Noncompliances not included in any staff
			 notice or amended staff notice, provided that such additional noncompliances
			 relate to the same incident, investigation, or safety audit(s) referenced in
			 the initial or amended staff notice.
(b) Staff's findings on the electric utility
			 or CRES provider's practices and policies.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-23 - Electric Reliability, Customer Service and Safety › Section 4901:1-23-05 - Commission proceedings

Current through all regulations
			 passed and filed through July 1, 2024
(A) The commission may initiate a compliance
			 or other proceeding upon its own initiative, or after an incident has occurred,
			 after a complaint is filed pursuant to section
			 4905.26 of the Revised Code, or
			 after a staff notice of probable noncompliance is served.
(B)
								Such compliance or
			 other proceedings will be conducted in accordance
			 with Chapter 4901-1 of the Administrative Code.
(C) Unless otherwise ordered by the
			 commission or an attorney examiner assigned to the proceeding, the staff shall
			 file with the commission and serve upon the electric utility or competitive
			 retail electric service (CRES) provider a written report of investigation
			 (investigative report) in each proceeding, within forty-five calendar days
			 after the commission issues an entry initiating a compliance proceeding. The
			 investigative report shall present:
(1) The
			 findings on any alleged noncompliance specified in any staff notice or amended
			 staff notice, which may include:
(a)
			 Noncompliances not included in any staff notice or amended staff notice,
			 provided that such additional noncompliances relate to the same incident,
			 investigation, or safety audit(s) referenced in the initial or amended staff
			 notice.
(b) Staff's findings on the
			 electric utility or CRES provider's practices and policies.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-23 - Electric Reliability, Customer Service and Safety › Section 4901:1-23-06 - Payment of forfeitures and other payments

Current
			 through all regulations passed and filed through July 1,
			 2024
(A) All forfeitures
			 and other payments shall be paid by certified check or money order made payable
			 to "Treasurer, State of Ohio," and shall be mailed or delivered to:
"Public Utilities Commission of Ohio
Fiscal Division
180 East Broad Street
Columbus, Ohio 43215-3793"
(B) All instruments of payment shall contain
			 the identifying number of the violation/staff notice for which payment is
			 tendered.
(C) No electric utility
			 or competitive retail electric service provider may recover any forfeiture, or
			 other payment in any pending or subsequent proceeding before the
			 commission.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-23 - Electric Reliability, Customer Service and Safety › Section 4901:1-23-06 - Payment of forfeitures and other payments

Current through all
			 regulations passed and filed through July 1, 2024
(A) All forfeitures and other payments shall
			 be paid by certified check or money order made payable to "Treasurer, State of
			 Ohio," and  be mailed or delivered to:
"Public Utilities Commission of Ohio
Fiscal Division
180 East Broad Street
Columbus, Ohio 43215-3793"
(B) All instruments of payment
			 
								should
			 contain the identifying number of the violation/staff notice for which payment
			 is tendered.
(C) No electric
			 utility or competitive retail electric service provider may recover any
			 forfeiture, or other payment in any pending or subsequent proceeding before the
			 commission.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-02 - Purpose and scope

Current through all regulations passed and
			 filed through July 1, 2024
Under the rules in this chapter:
(A) Any electric utility, electric services
			 company, electric cooperative, or governmental aggregator which intends to
			 offer or provide a competitive retail electric service (CRES) to consumers in
			 this state shall obtain a certificate to operate from the commission prior to
			 commencing operations.
(B) An
			 electric cooperative or governmental aggregator that is a municipal electric
			 utility which provides a customer both a CRES and a 
								non-CRES
			 through transmission or distribution facilities it solely or jointly owns or
			 operates is not required to obtain a certificate.
(C) The commission may, upon an application
			 or a motion filed by a party, waive any requirement of this chapter, other than
			 a requirement mandated by statute, for good cause shown.
(D) These rules do not apply to a billing and
			 collection agent if it is a fully independent agent, not affiliated with or
			 otherwise controlled by an electric utility, electric services company,
			 electric cooperative, or governmental aggregator subject to certification under
			 section 4928.08 of the Revised Code, to
			 the extent that the agent is under contract with such utility, company,
			 cooperative, or aggregator solely to provide billing and collection for retail
			 electric service on behalf of the utility, company, cooperative, or aggregator.
			 Nothing in this rule exempts such utility, company, cooperative, or aggregator
			 from liability for the acts of its billing and collection agents.
Effective: 12/1/2014
Five Year
				Review (FYR) Dates: 07/22/2014 and
				07/25/2019
Promulgated
				Under: 111.15
Statutory
				Authority: 4928.06,
				4928.08
Rule
				Amplifies: 4928.08,
				4928.16
Prior
				Effective Dates: 9/18/00, 6/29/09
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-03 - General prohibitions

Current through all regulations passed
			 and filed through July 1, 2024
(A) No person shall offer, contract, or
			 provide a competitive retail electric service in this state without a valid
			 certificate.
(B) Nothing in this
			 rule is intended to prohibit a person from conducting market research or
			 advertisements designed solely to ascertain and raise customer awareness and/or
			 improve name recognition.
(C)
								 Enforcement of any rule in this chapter or commission
			 order adopted thereunder will be conducted in accordance with Chapter 4901:1-23
			 of the Administrative Code.
Effective: 12/1/2014
Five Year
				Review (FYR) Dates: 07/22/2014 and
				07/25/2019
Promulgated
				Under: 111.15
Statutory
				Authority: 4928.06,
				4928.08
Rule
				Amplifies: 4928.08,
				4928.16
Prior
				Effective Dates: 9/18/00, 3/1/03,
				6/29/09
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-04 - Expired certificates

Current through all regulations
			 passed and filed through July 1, 2024
Any CRES provider or governmental
				aggregator that fails to file an application for certification renewal pursuant
				to rule
				4901:1-24-09
				of the Administrative Code prior to the expiration date on the certificate must
				file a new application for certification in a new case and may request, no
				later than sixty days after the expiration date on the certificate, to extend
				its previous certificate during the pendency of the new application review. If
				the motion is filed in conformance with rule
				4901:1-24-07 or
				4901:1-24-13
				of the Administrative Code, it shall be deemed automatically approved unless,
				within three business days of filing, the commission or an attorney examiner
				appointed by the commission rules otherwise.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-04 - Expired certificates

Current through all regulations passed
			 and filed through July 1, 2024
Any CRES provider or governmental aggregator that fails to file
				an application for certification renewal pursuant to rule
				4901:1-24-09 of the
				Administrative Code prior to the expiration date on the certificate must file a
				new application for certification under the existing
				certification case number
								 and may request, no later than sixty days after the expiration
				date on the certificate, to extend its previous certificate
				for up to ninety days while
								 the new application
				is
				reviewed. If the motion is filed in conformance with rule
				4901:1-24-07 or
				4901:1-24-13 of the
				Administrative Code, it 
								will be deemed automatically approved unless,
				within three business days of filing, the commission or an attorney examiner
				appointed by the commission rules otherwise.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-05 - Application content

Current through all regulations passed and
			 filed through July 1, 2024
(A)
								 An application
			 for certification shall be made on forms supplied by the commission. The
			 application forms shall provide for sufficient information to enable the
			 commission to assess an applicant's managerial, financial, and technical
			 capability to provide the service it intends to offer and its ability to comply
			 with commission rules or orders adopted pursuant to Chapter 4928. of the
			 Revised Code.
(B)
								 The applicant shall complete the appropriate
			 application form (e.g., retail electric generation provider, aggregator, power
			 broker, or governmental aggregator) in its entirety and supply all required
			 attachments, affidavits, and evidence of capability specified by the form at
			 the time an application is filed.
(1)
									 Retail electric generation providers and power
			 marketers shall file general, technical, managerial, and financial information
			 as set forth in the application. This information includes but is not limited
			 to:
(a)
										
			 Ownership and organizational descriptions.
(b)
										 Managerial
			 experience and capabilities.
(c)
										 Credit ratings
			 and relevant financial information, including financial statements, financial
			 arrangements, and forecasted financial statements.
(d)
										 Technical
			 ability and experience in scheduling and providing power under contract
			 agreements.
(e)
										 Statements as to whether the applicant has ever been
			 terminated from any choice program; if applicant's certification has ever been
			 revoked or suspended; if applicant has ever been in default for failure to
			 deliver; or if there are pending or past regulatory or judicial actions or
			 findings against applicant or past rulings finding against the
			 applicant.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-06 - Affidavits

Current through all regulations passed and filed through July 1,
			 2024
In addition to all other affidavits
				required by this chapter, each applicant shall submit with its application, on
				forms prescribed by the commission, affidavits attesting that:
(A)
								 The information
			 provided by the applicant on its application form and supporting attachments is
			 complete, true, and accurate to the best knowledge of the
			 applicant.
(B)
								 The applicant will timely file an annual report of its
			 intrastate gross receipts, gross earnings, and sales of kilowatt-hours of
			 electricity pursuant to division (A) of section
			 4905.10, division (A) of section
			 4911.18, and division (F) of
			 section 4928.06 of the Revised
			 Code.
(C)
								 The applicant will timely pay any assessment made
			 pursuant to section 4905.10,
			 4911.18, or division (F) of
			 section 4928.06 of the Revised
			 Code.
(D)
								 The applicant will comply with all applicable
			 commission rules or orders adopted pursuant to Chapter 4928., Title XLIX of the
			 Revised Code.
(E)
								 The applicant will cooperate with the commission and
			 its staff in the investigation of any consumer complaint regarding any service
			 offered or provided by the applicant.
(F)
								 The applicant
			 will comply with section
			 4928.09 of the Revised Code
			 regarding consent to the jurisdiction of Ohio courts and the service of
			 process.
Replaces: 4901:1-24-05
Effective: 12/1/2014
Five Year
				Review (FYR) Dates: 07/25/2019
Promulgated Under:
				111.15
Statutory
				Authority: 4928.06,
				4928.08
Rule
				Amplifies: 4928.08,
				4928.16
Prior
				Effective Dates: 9/18/00
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-07 - Motions

Current through all regulations passed and
			 filed through July 1, 2024
(A)
								 Motions filed by
			 an applicant (e.g., motions for extension of the certificate and motions for
			 protective order) must be filed by an attorney authorized to practice law in
			 the state of Ohio.
(B)
								 An out-of-state attorney may seek permission to appear
			 pro hac vice before the commission in any case upon the filing of a motion.
			 Motions shall include all of the information and documents required by rule
			 XII, section 2(a)(6) of the "Supreme Court rules for the Government of the bar
			 of Ohio."
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-07 - Motions

Current through all regulations passed and
			 filed through July 1, 2024
(A) Motions filed by an applicant (e.g.,
			 motions for extension of the certificate and motions for protective order) must
			 be filed by an attorney authorized to practice law in the state of
			 Ohio.
(B) An out-of-state attorney
			 may seek permission to appear pro hac vice before the commission in any case
			 upon the filing of a motion, consistent with rule
			 4901-1-08 of the Administrative
			 Code.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-08 - Protective orders

Current through all regulations
			 passed and filed through July 1, 2024
(A)
								 An applicant may
			 file financial statements, financial arrangements, and forecasted financial
			 statements under seal. If these exhibits are filed under seal, they will be
			 afforded protective treatment for a period of six years from the date of the
			 certificate for which the information is being provided.
(B)
								 An applicant may
			 file a motion for a protective order covering information not covered under
			 paragraph (A) of this rule. If the motion is filed in conformance with rule
			 4901:1-24-07 of the
			 Administrative Code, it shall be automatically approved on the thirty-first day
			 after the date of filing and the information shall be afforded protective
			 treatment for a period of six years from the date of the certificate for which
			 the information is being provided, unless the commission or an attorney
			 examiner appointed by the commission rules otherwise.
(C)
								 At the
			 expiration of the six-year period provided for in paragraphs (A) and (B) of
			 this rule, the information will be automatically released into the open
			 record.
(D)
								 An applicant wishing to extend a protective order
			 beyond the six-year time period provided for in paragraphs (A) and (B) of this
			 rule must comply with paragraph (F) of rule
			 4901-1-24
			 of the Administrative Code.