reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-37 - Electric Utility and Affiliates › Section 4901:1-37-09 - Sale or transfer of generating assets

Current through all
			 regulations passed and filed through July 1, 2024
(A) An electric utility
			 may apply for commission approval to sell or transfer
			 any
			 generating assets it wholly or partly owns by
			 filing an application to sell or transfer.
(B) An application to
			 sell or transfer generating assets should include,
			 at a minimum:
(1) Clearly set forth the object
			 and purpose of the sale or transfer, and the terms and conditions of the
			 same.
(2) Demonstrate how the sale
			 or transfer will affect the current and future standard service offer
			 established pursuant to section
			 4928.141 of the Revised
			 Code.
(3) Demonstrate how the
			 proposed sale or transfer will affect the public interest.
(4) State the fair market value and book
			 value of all property to be transferred from the electric utility, and state
			 how the fair market value was determined.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-38 - Arrangements › Section 4901:1-38-01 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
(A) "Affidavit"
			 means a written declaration made under oath before a notary public or other
			 authorized officer.
(B)
			 "Commission" means the public utilities commission of Ohio.
(C) "Delta revenue" means the deviation
			 resulting from the difference in rate levels between the otherwise applicable
			 rate schedule and the result of any reasonable arrangement approved by the
			 commission.
(D) "Electric utility"
			 has
			 the meaning set forth in division (A)(11) of section
			 4928.01 of the Revised
			 Code.
(E) "Energy efficiency
			 production facilities" means any customer that manufactures or assembles
			 products that promote the more efficient use of energy (i.e., increase the
			 ratio of energy end use services (i.e., heat, light, and drive power) derived
			 from a device or process to energy inputs necessary to derive such end use
			 services as compared with other devices or processes that are commonly
			 installed to derive the same energy use services); or, any customer that
			 manufactures, assembles or distributes products that are used in the production
			 of clean, renewable energy.
(F)
			 "Mercantile customer" has the meaning set forth in division (A)(19) of
			 section 4928.01 of the Revised
			 Code.
(G) "Nonfirm electric
			 service" means electric service provided pursuant to a schedule filed under
			 section 4905.30 or
			 4928.141 of the Revised Code, or
			 pursuant to an arrangement under section
			 4905.31 of the Revised Code,
			 which schedule or arrangement includes conditions that may require the customer
			 to curtail or interrupt electric usage during nonemergency circumstances upon
			 notification by the electric utility.
(H) "Staff" means the staff of the commission
			 or its authorized representative.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-38 - Arrangements › Section 4901:1-38-02 - Purpose and scope

Current through all regulations passed and
			 filed through July 1, 2024
(A) The purpose of this chapter is to
			 facilitate the state's effectiveness in the global economy, to promote job
			 growth and retention in the state, to ensure the availability of reasonably
			 priced electric service, to promote energy efficiency and to provide a means of
			 giving appropriate incentives to technologies that can adapt successfully to
			 environmental mandates in furtherance of the policy of the state of Ohio
			 embodied in section 4928.02 of the Revised Code.
(B) 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.
Five Year Review (FYR) Dates:
				10/17/2014 and
				10/17/2019
Promulgated
				Under: 111.15
Statutory
				Authority: 4905.31,
				4928.02,
				4928.06
Rule
				Amplifies: 4905.31,
				4928.02
Prior
				Effective Dates: 7/17/09
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-38 - Arrangements › Section 4901:1-38-05 - Reasonable arrangements

Current through all regulations passed
			 and filed through July 1, 2024
(A)
								An electric
			 utility may file an application pursuant to section
			 4905.31 of the Revised Code for
			 commission approval of a reasonable arrangement with one or more of its
			 non-mercantile customers, consumers, or employees.
(1) An electric utility filing an application
			 for commission approval of a reasonable arrangement with one or more of its
			 customers, consumers, or employees bears the burden of proof that the proposed
			 arrangement is reasonable and does not violate the provisions of sections
			 4905.33 and
			 4905.35 of the Revised Code, and
			 shall submit an affidavit from a company official as to the veracity of
			 the information provided.
(2) Upon the filing of an application for a
			 reasonable arrangement, the commission may fix a time
			 and place for a hearing if the application appears to be unjust or
			 unreasonable.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-38 - Arrangements › Section 4901:1-38-06 - Reporting requirements

Current through all regulations passed
			 and filed through July 1, 2024
(A) Each electric utility shall require each
			 of its customers served under any reasonable arrangement established pursuant
			 to this chapter to submit an annual report to the electric utility and staff
			 and file an annual report with the commission no later than April thirtieth of
			 each year. The format of that report,
								
								to be
			 determined by staff, should ensure
								 a determination of the compliance
			 with the eligibility criteria can be 
								made, the
			 value of any incentives received by the customer(s) 
								are identified,
			 and the potential impact on other customers can be calculated.
(B) The burden of proof to demonstrate
			 ongoing compliance with the reasonable arrangement lies with the customer(s).
			 The electric utility shall summarize the reports provided by customers under
			 paragraph (A) of this rule and submit such summary to staff for review and
			 audit no later than June fifteenth of each year.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-38 - Arrangements › Section 4901:1-38-07 - Level of incentives

Current through all regulations passed and
			 filed through July 1, 2024
(A) The level of the incentives associated
			 with any reasonable arrangement established pursuant to this chapter
			 
								will be
			 determined as part of the commission's review and approval of the applications
			 filed pursuant to this chapter. Incentives 
								will only be
			 applicable to the service(s) taken from the electric utility by the customer
			 receiving the incentives.
(B)
			 Incentives may be based on, but not limited to:
(1) Demand discounts.
(2) Percentages of total bills, or portions
			 of bills.
(3) Direct
			 contributions.
(4) Reflections of
			 cost savings to the electric utility.
(5) Shared savings.
(6) Some combination of the required
			 criteria.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-38 - Arrangements › Section 4901:1-38-08 - Revenue recovery

Current through all regulations passed and
			 filed through July 1, 2024
(A) Each electric utility that is serving
			 customers pursuant to approved reasonable arrangements, may apply for a rider
			 for the recovery of certain costs associated with its delta revenue for serving
			 those customers pursuant to reasonable arrangements in accordance with the
			 following:
(1) The electric
			 utility may request recovery of direct incremental administrative costs related
			 to the programs as part of the rider. Such cost recovery
			 may, as
			 ordered by the commission, be subject to audit, review, and approval by
			 the commission.
(2) For reasonable
			 arrangements in which incentives are given based upon cost savings to the
			 electric utility (including, but not limited to, nonfirm arrangements, on/off
			 peak pricing, seasonal rates, time-of-day rates, real-time-pricing rates), the
			 cost savings will be an offset to the recovery of the delta
			 revenues.
(3) The amount of the
			 revenue recovery rider will be spread to all customers in proportion
			 based on
			 the current revenue distribution between and among classes. The electric utility shall file the projected impact of
			 the proposed rider on all customers, by customer class.
(4)
			 The rider shall be updated and reconciled, by application to the commission,
			 semiannually. All data submitted in support of the rider update is subject to
			 commission review and audit.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-38 - Arrangements › Section 4901:1-38-09 - Failure to comply

Current through all regulations passed and
			 filed through July 1, 2024
(A) If the customer being provided with
			 service pursuant to a reasonable arrangement established pursuant to this
			 chapter fails to substantially comply with any of the criteria for eligibility
			 or fails to substantially comply with reporting requirements, the electric
			 utility, after reasonable notice to the customer, shall terminate the
			 arrangement unless otherwise ordered by the commission.
(B) The commission may also direct the
			 electric utility to charge the customer for all or part of the incentives
			 previously provided by the electric utility.
(C) If the customer is required to pay for
			 all or part of the incentives previously provided, the recovered amounts shall
			 be reflected in the calculation of the revenue recovery rider established
			 pursuant to rule
			 4901:1-38-08 of
			 the Administrative Code.
Five Year Review (FYR) Dates:
				10/17/2014 and
				10/17/2019
Promulgated
				Under: 111.15
Statutory
				Authority: 4905.31,
				4928.02,
				4928.06
Rule
				Amplifies: 4905.31,
				4928.02
Prior
				Effective Dates: 4/2/09
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-40 - Alternative Energy Portfolio Standard › Section 4901:1-40-01 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
(A) "Advanced
			 energy fund" has the meaning set forth in section
			 4928.61 of the Revised
			 Code.
(B) "Biologically derived
			 methane gas" means landfill methane gas; or gas from the anaerobic digestion of
			 organic materials, including animal waste, municipal wastewater, institutional
			 and industrial organic waste, food waste, yard waste, and agricultural crops
			 and residues.
(C) "Biomass energy"
			 means energy produced from organic material derived from plants or animals and
			 available on a renewable basis, including but not limited to: agricultural
			 crops, tree crops, crop by-products and residues; wood and paper manufacturing
			 waste, including nontreated by-products of the wood manufacturing or pulping
			 process, such as bark, wood chips, sawdust, and lignin in spent pulping
			 liquors; forestry waste and residues; other vegetation waste, including
			 landscape or right-of-way trimmings; algae; food waste; animal wastes and
			 by-products (including fats, oils, greases and manure); biodegradable solid
			 waste; and biologically derived methane gas.
(D) "Co-firing" means simultaneously using
			 multiple fuels in the generation of electricity.
In the event of co-firing, the proportion of energy input
				comprised of a renewable energy resource  dictates the proportion of electricity output
				from the facility that can be considered a renewable energy resource.
(E) "Commission" means the public
			 utilities commission of Ohio.
(F)
			 "Deliverable into this state" means that the electricity or qualifying
			 biologically derived methane gas originates from a facility within a state
			 contiguous to Ohio. It may also include electricity originating from other
			 locations, pending a demonstration that the electricity is physically
			 deliverable to the state.
(G)
			 "Demand response" has the meaning set forth in rule
			 4901:1-39-01 of the
			 Administrative Code.
(H)
			 "Distributed generation" means electricity production that is on-site and is
			 connected to the electricity grid.
(I) "Double-counting" means utilizing
			 renewable energy or, renewable energy credits, or energy efficiency savings to
			 do any of the following:
(1) Satisfy multiple
			 Ohio state renewable energy requirements or such requirements for more than one
			 state.
(2) Support multiple
			 voluntary product offerings.
(3)
			 Substantiate multiple marketing or public relations claims.
(4) Some combination of these.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-40 - Alternative Energy Portfolio Standard › Section 4901:1-40-02 - Purpose and scope

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 This chapter addresses the implementation of the renewable portfolio standard,
			 including the incorporation of renewable energy credits, as detailed in
			 sections 4928.64 and
			 4928.645 of the Revised Code
			 respectively. Parties affected by these renewable portfolio standard rules
			 include all Ohio electric utilities and all electric services companies serving
			 retail electric customers in Ohio.
(B) 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.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-40 - Alternative Energy Portfolio Standard › Section 4901:1-40-03 - Requirements

Current through all regulations passed and filed through July 1,
			 2024
(A) All electric
			 utilities and affected electric services companies 
								will ensure
			  the benchmarks set forth in division (B)(2) of section
			 4928.64 of the Revised Code
			 are met. Non-electric sources as permitted by law
			 and certified by the commission may be used to satisfy
			  renewable energy resource requirements.
(B) The baseline for compliance with the
			 qualified renewable energy resource requirements of section
			 4928.64 of the Revised Code
			 shall be determined as follows:
(1) For
			 electric utilities, the baseline shall be computed using one of the following
			 methodologies:
(a) The average of total
			 kilowatt hours sold by the utility in the preceding three calendar years to any
			 and all retail electric customers whose electric load centers are served by
			 that electric utility and are located within the electric utility's certified
			 territory.
(b) The total kilowatt
			 hours sold to any and all retail electric consumers whose electric load centers
			 are served by that utility and are located within the utility's certified
			 territory in the applicable compliance year. An electric utility that opts to
			 use this methodology may in subsequent compliance years switch to the
			 methodology described in paragraph (B)(1)(a) of this rule, but in so doing, the
			 electric utility shall be required to use the methodology described in
			 paragraph (B)(1)(a) of this rule for at least three consecutive compliance
			 years.
(c) The annual sales used to
			 compute the baseline under methodologies listed in paragraph (B)(1)(a) or
			 (B)(1)(b) of this rule shall be based upon the annual sales as reported in the
			 electric utility's forecast reports or reporting forms.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-40 - Alternative Energy Portfolio Standard › Section 4901:1-40-05 - Annual status reports and compliance reviews

Current through
			 all regulations passed and filed through July 1, 2024
(A) Unless otherwise ordered by the
			 commission, each electric utility and electric services company shall file by
			 April fifteenth of each year, on such forms as may be published by the
			 commission, an annual renewable energy portfolio status report analyzing all
			 activities undertaken in the previous calendar year to demonstrate how the
			 applicable renewable energy portfolio benchmarks have been met.
(1) The annual review will
			 include compliance with the most recent applicable renewable
			  energy resource
			 benchmark.
(2) The annual
			 compliance reviews shall consider any under-compliance an electric utility or
			 electric services company asserts is outside its control,
			 pursuant to division (C)(1) of
			 section 4928.64 of the Revised
			 Code.
(3) The renewable energy portfolio status
			 reports filed by each electric utility and electric services company for the
			 applicable compliance year shall include at least the following content that,
			 with the exception of paragraph (A)(3)(d) of this rule, shall be made publicly
			 available:
(a) The actual annual sales volumes
			 used to compute the compliance baseline, including identification of the source
			 of the sale volume figures.
(b) A
			 quantification in megawatt-hours of all applicable renewable energy portfolio
			 standard compliance requirements.
(c) An indication of the compliance status
			 relative to each of the applicable renewable energy portfolio standard
			 compliance requirements.
(d)
			 Demonstration of status relative to the statutory three percent cost provision,
			 for the compliance year addressed in the annual status report, pursuant to the
			 calculation methodology described in rule
			 4901:1-40-07 of the
			 Administrative Code.
(e)
			 Identification of the attribute tracking system(s) used to demonstrate
			 compliance.
(f) A discussion of any
			 perceived impediments to achieving compliance with required benchmarks, as well
			 as suggestions for addressing any such impediments.
(g) An electric services company may omit the
			 contents required in paragraph (A)(3)(d) of this rule if the company affirms in
			 its compliance status report that it will not seek compliance relief under
			 division (C)(3) of section
			 4928.64 of the Revised Code for
			 that year.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-40 - Alternative Energy Portfolio Standard › Section 4901:1-40-06 - Force majeure

Current through all regulations passed and
			 filed through July 1, 2024
An electric utility or electric services company may seek a
				force majeure determination from the commission for all or part of a minimum
				renewable-energy
				benchmark.
(A) A decision on a request
			 for a force majeure determination will be rendered within ninety days of an
			 electric utility or electric services company filing a request for such
			 determination.
(1) At the time of requesting such a
			 determination from the commission, an electric utility or electric services
			 company shall demonstrate that it pursued all reasonable compliance options
			 including, but not limited to, renewable energy credit (REC) solicitations, REC
			 banking, and long-term contracts.
(2) The request shall include an assessment
			 of the availability of qualified resources within the service territories of
			 any regional transmission organizations that manage transmission systems
			 located in Ohio.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-40 - Alternative Energy Portfolio Standard › Section 4901:1-40-07 - Cost cap

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 By no later than April fifteenth of each compliance year, electric utilities
			 and electric services companies shall calculate their status relative to the
			 statutory three per cent cost provision during the most recent compliance year.
			  Alternatively, an electric utility or electric
			 services company may file an application with the commission for review of its
			 cost cap calculation prior to the date required in rule
			 4901:1-40-05 of the
			 Administrative Code.
(1) A discretionary three
			 per cent cost cap is applicable to the renewable energy benchmarks specified in
			 division (B)(2) of section
			 4928.64 of the Revised
			 Code.
(2) An electric utility or
			 electric services company shall pursue all reasonable compliance options prior
			 to requesting relief from compliance with the renewable energy resource
			 requirements based on the three per cent cost cap.
(3) In the case that the commission makes
			 such a determination that an electric utility's or electric services company's
			 compliance costs exceed the applicable three per cent cost cap, the electric
			 utility or electric services company may not be required to fully comply with
			 the renewable energy benchmarks specified in division (B)(2) of section
			 4928.64 of the Revised
			 Code.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-40 - Alternative Energy Portfolio Standard › Section 4901:1-40-08 - Compliance payments

Current through all regulations passed and
			 filed through July 1, 2024
(A) Any electric utility or electric services
			 company that does not achieve an annual renewable energy resource
			 benchmark
			 shall remit a compliance payment based on the amount of noncompliance rounded
			 up to the next megawatt hour (MWh), unless the commission has identified the
			 existence of force majeure conditions or the commission has granted relief
			 under the three per cent cost-cap provision.
(1) The
			  payment for noncompliance with any
			 renewable energy resource benchmark shall be calculated by quantifying the level of noncompliance,
			 rounded to the next MWh, and multiplying this figure by an amount determined by
			 the commission.
(a) The per MWh payment for
			 renewable energy resources for the year 2009 is forty-five dollars.
(b) Beginning in the year 2010, the per MWh
			 payment for renewable energy resources will be adjusted annually to reflect the
			 annual change to the consumer price index as defined in section
			 101.27 of the Revised Code. Such
			 adjustment 
										will be performed by staff no later than June first of
			 each calendar year, and
										
			 calculated using the following formula:
= ((CPIYR2/CPIYR1) * current per MWh payment)
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-40 - Alternative Energy Portfolio Standard › Section 4901:1-40-09 - Annual report

Current through all regulations passed and
			 filed through July 1, 2024
(A) Pursuant to division (D)(1) of section
			 4928.64 of the Revised Code,
			 staff will conduct an annual review of the renewable
			 energy resource market and submit its findings in a report to the general
			 assembly.
(B)
			 Prior to its submission to the general assembly, the report will be issued for
			 public comment by interested persons for thirty days, unless otherwise ordered
			 by the commission.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-41 - Greenhouse Gas Reporting and Carbon Dioxide Control Planning › Section 4901:1-41-01 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
(A) "Commission" means
			 the public utilities commission of Ohio.
(B)
			 "The Climate Registry" means the nonprofit collaboration among North American
			 states, provinces, territories and native sovereign nations, using the website
			 at
www.theclimateregistry.org
,
			 that sets consistent and transparent standards to calculate, verify, and
			 publicly report greenhouse gas emissions into a single registry.
(C)
			 "Electric generating facility" means an electric generating plant and
			 associated facilities capable of producing electricity of fifty megawatts or
			 larger.
(D) "Greenhouse gas"
			 means the emissions of carbon dioxide, methane, nitrous oxide,
			 hydrofluorocarbons, perfluorocarbons, and/or sulphur hexafluoride.
(E)
			 "Public utility" means those entities included within the definition of "public
			 utility" set forth in section
			 4905.02 of the Revised
			 Code.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-41 - Greenhouse Gas Reporting and Carbon Dioxide Control Planning › Section 4901:1-41-02 - Purpose and scope

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 This chapter provides rules for the reporting of greenhouse gas
			 emissions for each
			 electric generating facility that is located in this state, is owned and
			 operated by a public utility that is subject to the commission's jurisdiction,
			 and emits greenhouse gases, pursuant to section
			 4928.68 of the Revised
			 Code.
(B) 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.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-41 - Greenhouse Gas Reporting and Carbon Dioxide Control Planning › Section 4901:1-41-03 - Greenhouse gas reporting

Current through all regulations passed
			 and filed through July 1, 2024
Unless otherwise directed by the commission, any public
			 utility owning or operating an electric generating facility within Ohio that
			 emits greenhouse gases shall become a participating reporting member in the
			 climate registry and shall report greenhouse gas emissions according to the
			 protocols approved by the climate registry.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-42 - Review of Green Pricing Programs › Section 4901:1-42-01 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
(A) "Commission"
			 means the public utilities commission of Ohio.
(B) "CRES provider" means a provider of
			 "competitive retail electric service," as defined in division (A)(4) of section
			 4928.01 of the Revised
			 Code.
(C) "Double-Counting" has the
			 meaning set forth in rule
			 4901:1-40-01 of the
			 Administrative Code.
(D) "EDU"
			 means an electric distribution utility and 
								has the meaning
			  set forth in division (A)(6) of section
			 4928.01 of the Revised
			 Code.
(E) "Green pricing program"
			 means a program in which an Ohio electric distribution utility or CRES provider
			 that offers an electric product in which the product is marketed based on its
			 fuel source and/or emissions profile. Such programs may include the use of
			 renewable energy credits.
(F)
			 "Renewable energy credit" and "REC" means the environmental attributes
			 associated with one megawatt-hour of electricity generated by a renewable
			 energy resource.
(G) "Renewable
			 energy resource" 
								has the same
			 meaning as set forth in section
			 4928.01 of the Revised
			 Code.
(H) "Retired" means
			 permanently removing the resource from circulation so as to eliminate the
			 potential for double-counting of the resource.
(I) "Soliciting" means providing information
			 to a potential future customer.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-42 - Review of Green Pricing Programs › Section 4901:1-42-02 - Purpose and scope

Current through all regulations passed and
			 filed through July 1, 2024
(A)
								 This chapter
			 addresses the review of green pricing programs offered in this state as part of
			 competitive retail electric service, pursuant to section
			 4928.70 of the Revised Code.
			 Parties affected by these rules include all Ohio EDUs and CRES providers
			 serving or soliciting retail electric customers in Ohio.
(B)
								 Upon an
			 application or a motion filed by a party, the commission may waive any
			 requirement of this chapter, other than a requirement mandated by statute, for
			 good cause shown.
Five Year Review (FYR) Dates:
				4/5/2022 and
				04/05/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				4928.70
Rule Amplifies:
				4928.70
Prior Effective Dates:
				01/08/2015
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-42 - Review of Green Pricing Programs › Section 4901:1-42-03 - Requirements

Current through all regulations passed and filed through July 1,
			 2024
(A) Any Ohio EDU or
			 CRES providers offering a green pricing program shall ensure that any program
			 or marketing materials distributed to customers accurately portray the
			 product.
(B) Any program or
			 marketing materials being used by an Ohio EDU or CRES provider that address
			 green pricing programs shall be provided to commission staff not later than
			 four calendar days after being distributed to customers or after the product
			 included in such programs is offered to Ohio customers. Additionally, any
			 program or marketing materials requested by staff should be provided to staff
			 by email or facsimile within five calendar days.
(C) Any Ohio EDU or
			 CRES provider offering a green pricing program shall maintain sufficient
			 documentation to verify that adequate resources were secured and retired to
			 support the product offerings. Such documentation,  shall be retained for no less than two
			 years.
(D) Any Ohio EDU or
			 CRES provider offering a green pricing program shall maintain sufficient
			 documentation to verify that the resources used to support participation in the
			 green pricing program are separate from the resources used for compliance with
			 the state's alternative energy portfolio standard as set forth in section
			 4928.64 of the Revised Code.
			 Such documentation,  shall be retained
			 for no less than two years.
(E)Any Ohio EDU or
			 CRES provider offering a green pricing program shall not engage in
			 double-counting of resources used to support participation in a green pricing
			 program.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-43 - Recovery of Infrastructure Development Costs › Section 4901:1-43-01 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
(A) "Annual report"
			 means a report filed annually by any natural gas company with a
			 commission-approved infrastructure development rider pursuant to this
			 chapter.
(B) "Application" means an
			 application for a natural gas infrastructure development rider pursuant to this
			 chapter.
(C) "Commission" means the
			 public utilities commission of Ohio.
(D) "Economic development entity"
			 
								has the meaning set forth in division (C) of section
			 4929.163 of the Revised
			 Code.
(E) "Infrastructure
			 development" 
								has the meaning set forth in division (A) of
			 section 4929.16 of the Revised
			 Code.
(F) "Infrastructure
			 development costs" 
								has the meaning set forth in division (B) of
			 section 4929.16 of the Revised
			 Code.
(G) "Natural gas company"
			 means a company that meets the definition of a natural gas company set forth in
			 section 4905.03 of the Revised Code and
			 that also meets the definition of a public utility under section
			 4905.02 of the Revised
			 Code.
(H) "Notice" means a notice
			 filing for a natural gas infrastructure development project pursuant to this
			 chapter.
(I) "Staff" means the
			 staff of the commission or its authorized representative.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-43 - Recovery of Infrastructure Development Costs › Section 4901:1-43-02 - Purpose and scope

Current through all regulations passed and
			 filed through July 1, 2024
(A) This chapter authorizes a natural gas
			 company to file an application with the commission for approval of an
			 infrastructure development rider to recover prudently incurred infrastructure
			 development costs of one or more economic development projects approved under
			 section 4929.163
								 of the Revised Code.
(B) The commission 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.
Effective: 1/7/2019
Five Year Review
				(FYR) Dates: 9/19/2021
Promulgated Under:
				111.15
Statutory
				Authority: 4929.163,
				4929.10
Rule
				Amplifies: 4929.16,
				4929.161,
				4929.162,
				4929.163,
				4929.165,
				4929.166,
				4929.167
Prior
				Effective Dates: 09/29/2016
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-43 - Recovery of Infrastructure Development Costs › Section 4901:1-43-03 - Project information and approval process

Current through all
			 regulations passed and filed through July 1, 2024
(A) Pursuant to division (A) of section
			 4929.163 of the Revised Code, a
			 natural gas company may file, prior to beginning construction, for approval of
			 an economic development project through an economic development project notice
			 with the commission's docketing division. This notice
			 
								may
			 contain 
								any information the
			 commission deems relevant, for example, any or all of the following:
(1) The name and location of the
			 project.
(2) A background of the
			 subject company of the economic development project.
(3) The level of total investment and capital
			 expenditure by the subject company and the economic development impact. This
			 description shall contain the following information:
(a) Anticipated number of new jobs created
			 and jobs retained by the project.
(b) Description of the community served and
			 the benefits to that community.
(4) To the maximum extent practicable, a
			 description of other potential locations that may compete with the proposed
			 location, including the type, location, and time frame of potentially competing
			 projects.
(5) A description of
			 how the infrastructure development costs are projected to generate a return
			 less than the most recently authorized rate of return.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-43 - Recovery of Infrastructure Development Costs › Section 4901:1-43-04 - Cost recovery rider process

Current through all regulations
			 passed and filed through July 1, 2024
(A) Each natural gas
			 
								company's initial application
			 for an infrastructure development rider pursuant to section
			 4929.161 of the Revised
			 Code shall include
			 all information set forth upon forms as may be prescribed by the commission.
(B)
			 The commission may order that consultants be hired, with costs billed to the
			 natural gas company, to conduct prudence and/or financial reviews of the costs
			 incurred and recovered through the infrastructure development rider.
(C)
			 Each annual report to update the infrastructure development rider should be
			 made not less than seventy-five days prior to the proposed effective date of
			 the updated rider rate. Proposed rates will become effective on the
			 seventy-sixth day, unless suspended by the commission for good cause shown, and
			 
								are
			 subject to reconciliation adjustments following any hearing, if
			 necessary.
(D) Affected parties
			 may file a motion to intervene and submit comments on any issues within the
			 following timelines:
(1) A motion to intervene
			 and submit comments concerning any notice filed under paragraph (A) of rule
			 4901:1-43-03 of the
			 Administrative Code must be submitted to the commission within fifteen days of
			 the date of the filing of the notice.
(2) A motion to intervene and submit comments
			 concerning an annual report to update the infrastructure development rider
			 filed under this rule must be submitted to the commission within forty-five
			 days of the date of the filing of the annual report.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-5 - Safety Standards › Section 4901:2-5-02 - Purpose and scope

Current through all regulations passed and filed through July 1, 2024
(A) This
			 chapter governs the establishment and enforcement of safety standards
			 applicable to the operations of motor carriers, excepted carriers, hazardous
			 materials transporters, and offerors.
(B) 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.
(C) Each citation contained within this
			 chapter that is made to a regulation in the code of federal regulations is
			 intended, and shall serve, to incorporate by reference the particular version
			 of the cited matter that was effective on August 25, 2023.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-5 - Safety Standards › Section 4901:2-5-05 - Relief from regulation

Current through all regulations passed and filed through July 1, 2024
(A) The commission may grant a motor carrier
			 operating in intrastate commerce, a temporary exemption from some or all
			 provisions of this chapter when any of the following apply:
(1) When such action is consistent with
			 regulatory relief issued by the U.S. department of transportation for carriers
			 in interstate commerce.
(2) When
			 the chairperson of the commission or the chairperson's designee has declared a
			 transportation-specific emergency due to severe weather conditions, earthquake,
			 flood, drought, fire, famine, epidemic, pestilence, unusual interruption of any
			 public utility services, or other calamitous visitation or disaster.
(3) When the governor of this state has
			 declared an emergency.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-5 - Safety Standards › Section 4901:2-5-07 - Out-of-service vehicles and drivers

Current through all regulations passed and filed through July 1, 2024
(A) Authorized personnel may declare
			 "out-of-service":
(1) Any commercial motor
			 vehicle, operated by a motor carrier, which by reason of its mechanical
			 condition or loading would likely cause an accident or breakdown.
(2) Any motor vehicle or driver that is found
			 to be in violation of rule
			 4901:2-5-03 of the
			 Administrative Code, as applicable, and such violation meets the "North
			 American Standard Out-of-Service Criteria" adopted and disseminated by the
			 "Commercial Motor Vehicle Safety Alliance."
(3) Any motor vehicle or driver operating in
			 violation of an "imminent hazard" order issued in accordance with rule
			 4901:2-5-14 of the
			 Administrative Code.
(4) Any motor
			 vehicle being operated in intrastate commerce by a for-hire motor carrier that
			 does not have a current and valid certificate of public convenience and
			 necessity pursuant to the rules in Chapter 4901:2-21 of the Administrative
			 Code.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-5 - Safety Standards › Section 4901:2-5-08 - Mud flaps

Current through all regulations passed and filed through July 1, 2024
No motor carrier shall operate a motor vehicle, the gross
				weight of which, with load, exceeds three tons, on the public highways in Ohio
				unless the rearmost wheels of the vehicle or combination of vehicles are
				equipped with wheel protectors as required by section
				5577.11 of the Revised Code.
Five Year Review (FYR) Dates:
				6/8/2021 and
				06/08/2026
Promulgated
				Under:
				111.15
Statutory Authority: R.C. 4921.04, 4923.03, 4923.20
Rule
				Amplifies: R.C. 4921.04, 4923.03, 4923.20
Prior Effective Dates:
				01/01/1957, 01/20/1963, 03/19/1987,
				12/25/1987
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-5 - Safety Standards › Section 4901:2-5-10 - Marking of vehicles

Current through all regulations passed and filed through July 1, 2024
(A)
								
								Exceptions to compliance with the marking
			 requirements of 49 C.F.R.
			 390.21, as effective on the date referenced
			 in paragraph (C) of rule
			 4901:2-5-02 of the
			 Administrative Code, 
								apply where:
(1) The identification number issued by the
			 commission preceded by the letters PUCO may be displayed in lieu of a U.S.
			 department of transportation (USDOT) number.
(2) Private motor carriers operating in
			 intrastate commerce are not required to display a USDOT or PUCO
			 number.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-5 - Safety Standards › Section 4901:2-5-11 - Inspection of vehicles; reports

Current through all regulations passed and filed through July 1, 2024
(A)
								
								Inspections
			 conducted by authorized personnel pursuant to rule
			 4901:2-5-13 of the
			 Administrative Code, are mandatory and no
								motor carrier, excepted
			 carrier, or hazardous materials transporter may
			 deviate from its route for the purpose of circumventing or evading an
			 inspection.
(B) The driver of any
			 motor vehicle receiving an inspection report shall deliver it to the motor
			 carrier, excepted carrier, or hazardous materials transporter operating the
			 motor vehicle within twenty-four hours. If the driver is not scheduled to
			 arrive at a terminal or facility of the motor carrier, excepted carrier, or
			 hazardous materials transporter operating the vehicle within twenty-four hours,
			 the driver 
								may electronically transmit the report to the
			 motor carrier, excepted carrier, or hazardous materials transporter.
(C) Each motor carrier, excepted carrier, or
			 hazardous materials transporter 
								must ensure that
			 any violations or defects noted on the report are corrected prior to the motor
			 vehicle's next dispatch. The motor carrier, excepted carrier, or hazardous
			 materials transporter shall, within fifteen days following the inspection,
			 accurately certify that all violations noted have
			 been corrected by completing the appropriate portion of the inspection form and
			 returning it to the address indicated on the inspection report, or by
			 certifying it electronically.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-5 - Safety Standards › Section 4901:2-5-13 - Inspection program

Current through all regulations passed and filed through July 1, 2024
(A) For the purpose of enforcing the
			 provisions of Chapters 4921. and 4923. of the Revised Code, and Chapter
			 4901:2-5 of the Administrative Code, authorized personnel may enter in or upon
			 any motor vehicle of any motor carrier, excepted carrier, or hazardous
			 materials transporter, to inspect the motor vehicle, driver, documents, or
			 cargo. Such inspections 
								are conducted in accordance with the following
			 guidelines:
(1) Motor vehicles, drivers,
			 documents, or cargo are subject to inspection when located:
(a) Upon any public roadway, public property,
			 or private property open to the public.
(b) On any other premises if the inspection
			 is conducted with permission of the owner or person in control of the
			 property.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-5 - Safety Standards › Section 4901:2-5-14 - Imminent hazard

Current through all regulations passed and filed through July 1, 2024
(A) Whenever it is determined that a violation of
			 Chapters 4921. or 4923. of the Revised Code, or Chapter 4901:2-5 of the
			 Administrative Code poses an imminent hazard to safety, the commission may
			 order a motor carrier, excepted carrier, or hazardous materials transporter to
			 cease all or part of its intrastate operations in this state, provided that
								 restrictions 
								may not be
			 imposed on any motor carrier, excepted carrier, or hazardous materials
			 transporter beyond that required to abate the hazard.
(B)
								
								Compliance with an order
			 under this rule is mandatory, except that
								an order to a motor carrier, excepted carrier, or
			 hazardous materials transporter to cease all or part of its operations
			 
								does
			 not prevent motor vehicles in transit at the time the order is served from
			 proceeding to their immediate destination, unless any such motor vehicle or
			 driver is specifically ordered out-of-service forthwith. However, motor
			 carriers, excepted carriers, or hazardous materials transporters proceeding to
			 their immediate destination 
								are subject to compliance with the commission's
			 order upon arrival.
(C) The
			 commission may, prior to issuing an order under this rule, order a motor
			 carrier, excepted carrier, or hazardous materials transporter to show cause why
			 the commission should not issue an order requiring that it cease all or part of
			 its operations; or the commission may issue an order under this rule without a
			 prior hearing, provided that the motor carrier, excepted carrier, or hazardous
			 materials transporter may request a hearing within thirty days after the
			 issuance of such order. 
								Hearings requested
			 under this rule will occur in accordance with division
			 4901:1 of the Administrative Code no less than seven days and no more
			 than fifteen days following the request for hearing.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-5 - Safety Standards › Section 4901:2-5-15 - Planting and harvesting season

Current through all regulations passed and filed through July 1, 2024
For the purposes of
				49 C.F.R.
				395.1(K), as effective on
				the date referenced in paragraph (C) of rule
				4901:2-5-02 of the
				Administrative Code, the "planting and harvesting season" in the state of Ohio
				
								is
				January first through December thirty-first of each year.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-6 - Hazardous Materials Carriers Registration › Section 4901:2-6-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								 "Applicant" means any carrier that submits to the
			 commission the required application forms necessary to receive a uniform
			 program registration and permit credential.
(B)
								 "Base state"
			 means the state selected by a carrier pursuant to the uniform
			 application.
(C)
								 "Carrier" means any person, engaged in the highway
			 transportation of hazardous materials, in commerce, into, within, or through
			 this state.
(D)
								 "Commission" means the public utilities commission of
			 Ohio.
(E)
								 "Credential" means the document issued by the base
			 state indicating that a carrier has successfully registered and received a
			 permit allowing it to transport hazardous materials in the base state and in
			 reciprocity states.
(F)
								 "Hazardous material" means any of the following:
(1)
									 Hazardous
			 materials of a type or in a quantity that requires the transport vehicle to be
			 placarded pursuant to 49 C.F.R. 172, as effective on the date referenced in
			 paragraph (B) of rule
			 4901:2-6-02
			 of the Administrative Code; or
(2)
									 Hazardous
			 wastes.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-6 - Hazardous Materials Carriers Registration › Section 4901:2-6-02 - Purpose and scope

Current through all regulations passed and filed through July 1, 2024
This chapter governs procedures for the uniform registration
				and uniform permitting of carriers of hazardous materials.
(A) 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 statue, for good cause shown.
(B) Each citation contained within this
			 chapter that is made to a section of the United States code or to a regulation
			 in the code of federal regulations is intended, and shall serve, to incorporate
			 by reference the particular version of the cited matter that was effective on
			 March
			 13, 2013.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-6 - Hazardous Materials Carriers Registration › Section 4901:2-6-04 - Supplementation of information

Current through all regulations passed and filed through July 1, 2024
(A)
								 Upon a written
			 request from the staff, an applicant shall provide any additional information
			 necessary for the processing of a uniform application within fifteen days,
			 unless otherwise agreed to by the applicant and the staff.
(B)
								 A carrier that
			 has filed part III of the uniform application shall report to the commission,
			 in writing, any changes to the information provided in the filing within ninety
			 days after the date of such change.
Replaces: 4901:2-6-08