Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-15 - Waterworks Companies and Sewage Disposal System Companies › Section 4901:1-15-04 - Notice and public hearing

Current through all regulations passed
			 and filed through July 1, 2024
(A) This rule governs notice
			 to the public and the conduct of hearings where directed by the commission to
			 be held in cases involving an application by a waterworks company and/or sewage
			 disposal system company for a certificate of public convenience and necessity,
			 an application to amend a certificate, an application to transfer a
			 certificate, or an application for abandonment of a certificate.
(B) Following the filing of any application
			 set forth in paragraph (A) of this rule, the commission shall review the
			 application to determine its compliance with the requirements of this chapter.
			 If the commission determines that the application is in compliance with the
			 commission's rules, and otherwise appears to be complete, an entry shall be
			 issued which accepts the application, and directs the manner in which public
			 notice of the application is to be accomplished. If the commission determines
			 that the application is not in compliance with the commission's rules, or is
			 otherwise incomplete, an entry shall be issued which directs the manner in
			 which the applicant shall file such information as is necessary to bring the
			 application into compliance or to complete the application.
(C) Unless otherwise set forth by entry, the
			 applicant, in applications set forth in paragraph (A) of this rule, shall
			 fulfill all of the following notice requirements:
(1) If public notice is to be accomplished
			 other than by publication of legal notice in a newspaper of general circulation
			 in the area affected by the application, the manner in which public notice of
			 the application is to be accomplished shall be set forth in the entry accepting
			 the application.
(2) If public
			 notice is to be accomplished by newspaper publication:
(a) The applicant shall give notice by
			 publication, once per week for two weeks, in
			 every county affected by the application. Within each affected county,
			 publication must be made in a newspaper published, and of general circulation,
			 within such county.
(b) Publication
			 expense shall be borne by the applicant.
(c) Proof of publication of an appropriate
			 notice shall be filed with the commission pursuant to the deadline established
			 within the entry calling for publication.
(d) Unless otherwise directed by entry, the
			 legal notice which the applicant must publish in applications covered by
			 paragraph (A) of this rule, shall:
(i) State
			 the fact that such application has been filed with the commission along with a
			 brief description of the purpose of the application.
(ii) Set forth the rates proposed to be
			 charged and collected, except in abandonment application cases in which rates
			 are not being proposed, and shall describe the specific area to be served. The
			 published description need not be stated in terms of metes and bounds; however,
			 it shall be in sufficient detail to enable a member of the public to determine
			 the boundary of the service area(s).
(iii) Contain the name and complete post
			 office address of the applicant.
(iv) Contain a statement which sets forth the
			 docket number which the commission has assigned to the application, as well as
			 the commission's post office address, and which indicates that additional
			 information concerning the application may be obtained by contacting the public
			 utilities commission of Ohio.
(v)
			 Provide for a period of time within which affected persons or entities may file
			 with the commission, a written statement which both describes the nature of
			 their interest in the application and requests that a hearing be held on the
			 application. Unless otherwise ordered by the commission, this period of time
			 shall include at least fourteen days from the last date upon which publication
			 may be made pursuant to the entry calling for publication.
(vi) In the case of an application for a
			 certificate of public convenience and necessity, meet the requirements set
			 forth in rule
			 4901:1-15-05 of the
			 Administrative Code.
(vii) In the
			 case of an application to amend a certificate, meet the requirements set forth
			 in rule
			 4901:1-15-07 of the
			 Administrative Code.
(viii) In the
			 case of an application to transfer a certificate, meet the requirements set
			 forth in rule
			 4901:1-15-09 of the
			 Administrative Code.
(e)
			 If, within fourteen days from the last date on which publication may be made
			 pursuant to the entry calling for publication, or such other period as may be
			 established within the entry calling for publication, the commission receives
			 from any affected person or entity a written request for a hearing on an
			 application set forth in paragraph (A) of this rule, the commission may
			 schedule and hold a public hearing on the application on a date and at a time
			 and place to be established by the commission. The commission may proceed to
			 decide the case without holding a hearing, on the basis of the information
			 contained in the application and the affidavits and information submitted to
			 the commission by the applicant. The commission may, upon its own motion,
			 schedule and hold a public hearing on the application at any time during its
			 pendency.
(3) Entries
			 accepting applications
									set forth in rule
			 4901:1-15-04 of the
			 Administrative Code shall be served upon the applicant, any affected
			 person or entity who has requested a hearing, and upon the board of county
			 commissioners of any county and the chief executive authority of any municipal
			 corporation served or proposed to be served by the application.
(4) Notwithstanding the provisions of rule
			 4901-1-08 of the Administrative
			 Code, an officer or partner of the applicant shall attend any hearing held in a
			 case involving an application set forth in paragraph (A) of this rule. Failure
			 of an officer or partner to be present at the hearing is cause for dismissal of
			 the application.