reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-33 - Not-for-Profit Customer Declarations of Mercantile Status › Section 4901:1-33-01 - Not-for-profit customer declarations of nonmercantile status

Current through all regulations passed and filed through July 1,
			 2024
(A) All
			 not-for-profit customers that consume, other than for residential use, more
			 than five hundred thousand cubic feet of natural gas per year at a single
			 location within this state, or consume natural gas, other than for residential
			 use, as part of an undertaking having more than three locations within or
			 outside this state, that intend to assert nonmercantile status must file a
			 declaration of nonmercantile status with the public utilities commission of
			 Ohio, that is:
(1)
									
									In the
			 format prescribed on the public utilities commission of Ohio's staff- approved
			 form,  available at the
			 public utilities commission of Ohio's docketing division and electronically on
			 the public utilities commission of Ohio's web site.
(2)
									
									Effective upon
			 filing.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-34 - Noncompliance › Section 4901:1-34-01 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
As used in this chapter:
(A) "Commission" means the public utilities
			 commission of Ohio.
(B)
			 "Governmental aggregator" has the meaning set forth in division (K)(1) of
			 section 4929.01 of the Revised Code. For
			 purposes of this chapter, "governmental aggregator" specifically excludes a
			 municipal corporation acting exclusively under Section 4 of Article XVIII, Ohio
			 Constitution, as an aggregator for the provision of competitive retail natural
			 gas service.
(C) "Natural gas
			 company" has the meaning set forth in division (G) of section
			 4929.01 of the Revised Code.
(D) "Retail natural gas supplier"
			 has the meaning set forth in division (N) of section
			 4929.01 of the Revised Code.
(E) "Staff" means the staff of the
			 public utilities commission of Ohio.
R.C.
				119.032 review dates:
				07/30/2014 and
				07/30/2019
Promulgated
				Under: 111.15
Statutory
				Authority: 4929.01,
				4929.10,
				4929.24,
				4905.54
Rule
				Amplifies: 4929.01,
				4929.24,
				4905.54,
				4905.05,
				4905.06,
				4905.26
Prior
				Effective Dates: 7/4/02
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-34 - Noncompliance › Section 4901:1-34-02 - Purpose and scope

Current through all regulations passed and
			 filed through July 1, 2024
(A) The rules contained in this chapter
			 prescribe procedures for the 
			 staff to administer and enforce the rules for the certification of retail
			 natural gas service suppliers and governmental aggregators and the minimum
			 requirements for competitive retail natural gas set forth in Chapters 4901:1-27
			 and 4901:1-29 of the Administrative Code, and commission orders issued
			 thereunder.
(B) This chapter also
			 governs proceedings of the commission to:
(1)
			 Investigate and determine a natural gas company's, retail natural gas
			 supplier's, or governmental aggregator's compliance with Chapters 4901:1-13,
			 4901:1-27, 4901:1-28, and 4901:1-29 of the
			 Administrative Code, and commission orders issued thereunder.
(2) Review settlement agreements and approve
			 stipulations by the staff and the natural gas company, retail natural gas
			 supplier, or governmental aggregator.
(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 4901:1-34 - Noncompliance › Section 4901:1-34-03 - 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 
								4901:1-34-06 of the Administrative Code, in order to
			 modify or include additional probable noncompliances or violations, facts,
			 proposed forfeitures, and proposed compliance orders. Once the commission
			 initiates a compliance or other proceeding pursuant to rule
			 
								4901:1-34-06 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).
Effective: 12/1/2014
Five Year
				Review (FYR) Dates: 07/30/2014 and
				07/30/2019
Promulgated
				Under: 111.15
Statutory
				Authority: 4929.10,
				4929.24,
				4905.54
Rule
				Amplifies: 4905.05,
				4905.06,
				4905.26,
				4905.54,
				4929.01,
				4929.24
Prior
				Effective Dates: 7/4/02, 4/13/07
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-34 - Noncompliance › Section 4901:1-34-04 - Service of staff notices of probable noncompliance, proposed corrective action, proposed forfeiture, and service of staff investigative reports

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
			 4901:1-34-03
			 of the Administrative Code, and investigative reports under rule
			 
								4901:1-34-06 of the Administrative Code, shall be
			 served on the natural gas company, retail natural gas supplier, or governmental
			 aggregator by certified United States mail, or
			 hand delivery. Certified mail service and service by hand delivery is effective
			 upon receipt by any employee, agent of, or person designated by the natural gas
			 company, retail natural gas supplier, or governmental aggregator. Unless
			 otherwise provided in this paragraph, service upon a natural gas company,
			 retail natural gas supplier, or governmental aggregator 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 natural gas
			 company, retail natural gas supplier, or
			 governmental aggregator shall provide the commission with the company's or
			 provider's current service address. If the service address has changed since
			 the most recent annual report, certification application or certification
			 renewal application 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 certified mail 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.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-34 - Noncompliance › Section 4901:1-34-04 - Service of staff notices of probable noncompliance, proposed corrective action, proposed forfeiture, and service of staff investigative reports

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
			 4901:1-34-03 of the
			 Administrative Code, and investigative reports under rule
			 4901:1-34-06 of the
			 Administrative Code, shall be served on the natural gas company, retail natural
			 gas supplier, or governmental aggregator by certified United States mail, or
			 hand delivery. Certified mail service and service by hand delivery is effective
			 upon receipt by any employee, agent of, or person designated by the natural gas
			 company, retail natural gas supplier, or governmental aggregator. Unless
			 otherwise provided in this paragraph, service upon a natural gas company,
			 retail natural gas supplier, or governmental aggregator
			 
								will 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 natural gas company, retail natural
			 gas supplier, or governmental aggregator shall provide the commission with the
			 company's or provider's current service address. If the service address has
			 changed since the most recent annual report, certification application or
			 certification renewal application was submitted to the commission, or the
			 service address or business address has not been disclosed to the commission,
			 service 
								will be made at any business address known to the
			 commission.
(C) If the certified
			 mail 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.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-34 - Noncompliance › Section 4901:1-34-05 - Stipulations

Current through all regulations passed
			 and filed through July 1, 2024
(A) If staff and the natural gas company,
			 retail natural gas supplier, or governmental aggregator reach agreement
			 regarding any of the following,
								 the agreement
			 must be reduced to writing: the violation of a rule within this chapter,
			 and/or Chapter 4901:1-13, 4901:1-27, 4901:1-28, or 4901:1-29 of the Administrative
			 Code;
								 the
			 violation of any provision of Chapter 4929. of the Revised Code, the violation
			 of a commission order; a proposed corrective action or remedy; or the amount of
			 a forfeiture or other payment. Such
			 
								stipulation shall be signed by an officer of the
			 company or its attorney and the assistant attorney general who serves as legal
			 counsel for the  staff.
			 
								The
			 stipulation shall not be effective until the
			 stipulation is filed with and approved by and made the order of the
			 commission.
(B) If the 
								stipulation provides for the payment of a forfeiture
			 or other payment by a natural gas company or retail natural gas supplier of one
			 thousand dollars or less, the 
								stipulation shall be accepted by the commission
			 and fully enforceable upon the natural gas company or retail natural gas
			 supplier upon its execution.
(C)
			 Unless contained in or otherwise provided in a stipulation, no statement or
			 conduct during settlement negotiations is admissible in any commission
			 proceeding regarding the noncompliance.
(D) Where a natural gas company or retail
			 natural gas supplier has demonstrated to the staff's satisfaction, as confirmed
			 in writing from the commission's director of the service monitoring and
			 enforcement department or the director of utilities department or his/her
			 designee, that the violation(s) listed in the staff notice (or amended staff
			 notice) of probable noncompliance or investigative report has been
			 corrected,
								the violation(s) listed in such staff notice of probable noncompliance
			 or investigative report shall
			  be considered by the commission as
			 part of the company's or supplier's history of
			 violations 
								only
			 for purposes of determining the appropriate forfeiture or corrective
			 action for any future violation.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-34 - Noncompliance › Section 4901:1-34-05 - Stipulations

Current through all regulations passed
			 and filed through July 1, 2024
(A) If staff and the natural gas company,
			 retail natural gas supplier, or governmental aggregator reach agreement
			 regarding any of the following, the agreement must be reduced to writing: the
			 violation of a rule within this chapter, and/or Chapter 4901:1-13, 4901:1-27,
			 4901:1-28, or 4901:1-29 of the Administrative Code; the violation of any
			 provision of Chapter 4929. of the Revised Code, the violation of a commission
			 order; a proposed corrective action or remedy; or the amount of a forfeiture or
			 other payment. Such stipulation shall be signed by an officer of the company or
			 its attorney and the assistant attorney general who serves as legal counsel for
			 the staff. Except as otherwise provided in paragraph
			 (B) of this rule,
								
								the stipulation 
								will not be
			 effective until the stipulation is filed with, found to
			 be reasonable by,
								 approved by, and made the order of the commission.
(B) If the stipulation provides for the
			 payment of a forfeiture or other payment by a natural gas company or retail
			 natural gas supplier of one thousand dollars or less, the stipulation shall be
			 accepted by the commission and fully enforceable upon the natural gas company
			 or retail natural gas supplier upon its execution.
(C) Unless contained in or otherwise provided
			 in a stipulation, no statement or conduct during settlement negotiations is
			 admissible in any commission proceeding regarding the noncompliance.
(D) Where a natural gas company or retail
			 natural gas supplier has demonstrated to the staff's satisfaction, as confirmed
			 in writing from the commission's director of the service monitoring and
			 enforcement department or the director of utilities department or his/her
			 designee, that the violation(s) listed in the staff notice (or amended staff
			 notice) of probable noncompliance or investigative report has been corrected,
			 the violation(s) listed in such staff notice of probable noncompliance or
			 investigative report shall be considered by the commission as part of the
			 company's or supplier's history of violations only for purposes of determining
			 the appropriate forfeiture or corrective action for any future
			 violation.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-34 - Noncompliance › Section 4901:1-34-06 - 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, 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)
								 Unless otherwise
			 ordered by the commission or an attorney examiner, the staff shall file with
			 the commission and serve upon the natural gas company, retail natural gas
			 supplier, or governmental aggregator a written report of investigation
			 (investigative report) in each proceeding within forty-five 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 also 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 natural gas company's, retail natural gas supplier's, or governmental
			 aggregator's practices and policies.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-34 - Noncompliance › Section 4901:1-34-07 - 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
			 (e.g. docket number) for which payment is tendered.
(C) No natural gas company or retail natural
			 gas supplier may recover any forfeiture, or other payment in any pending or
			 subsequent proceeding before the commission.
Effective: 12/1/2014
Five Year
				Review (FYR) Dates: 07/30/2014 and
				07/30/2019
Promulgated
				Under: 111.15
Statutory
				Authority: 4929.10,
				4929.24,
				4905.54
Rule
				Amplifies: 4905.05,
				4905.06,
				4905.26,
				4905.54,
				4929.01,
				4929.24
Prior
				Effective Dates: 7/4/02, 4/13/07
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-34 - Noncompliance › Section 4901:1-34-08 - Noncompliance

Current through all regulations passed and filed through July 1,
			 2024
A natural gas company, retail natural
				gas supplier, or governmental aggregator that fails to comply with the
				requirements of Chapter 4929. of the Revised Code, the rules and standards in
				Chapter 4901:1-13, 4901:1-27, 4901:1-28, 4901:1-29, or 4901:1-34 of the
				Administrative Code, and/or any commission order may, after opportunity for
				hearing, be subject to any and all of the following available under the
				law:
(A)
								 A natural gas company or retail natural gas supplier may be
			 subject to a forfeiture to the state in an amount provided for in Chapter 4905.
			 of the Revised Code.
(B)
								 A natural gas company, retail natural gas supplier, or
			 governmental aggregator may be subject to rescission of a customer
			 contract.
(C)
								 A natural gas company, retail natural gas supplier, or
			 governmental aggregator may be required to provide restitution to a
			 customer.
(D)
								 A retail natural gas supplier or governmental
			 aggregator may have its certificate suspended, rescinded, or conditionally
			 rescinded.
(E)
								 A natural gas company, retail natural gas supplier, or
			 governmental aggregator may be subject to any other corrective action necessary
			 to protect the public safety, reliability, and customer service.
Replaces: 4901:1-34-08
Effective: 12/1/2014
Five Year
				Review (FYR) Dates: 07/30/2019
Promulgated Under:
				111.15
Statutory
				Authority: 4929.10,
				4929.24,
				4905.54
Rule
				Amplifies: 4929.01,
				4929.24,
				4905.05,
				4905.06,
				4905.26,
				4905.54
Prior
				Effective Dates: 7/4/02, 4/13/07
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-35 - Electric Distribution Utility (EDU) › Section 4901:1-35-01 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
(A) "Alternative
			 retail rate option" means time-differentiated pricing, dynamic retail pricing,
			 and other alternative retail rate options.
(B) "Application" means an application for
			 standard service offer pursuant to this chapter.
(C) "Commission" means the public utilities
			 commission of Ohio.
(D) "Dynamic
			 retail pricing" means a retail rate design which includes prices that can
			 change based on changes in wholesale electricity prices, power system
			 conditions, or the marginal cost of providing electric service.
(E) "Electric utility"
			 has
			 the meaning set forth in division (A)(11) of section
			 4928.01 of the Revised
			 Code.
(F) "Electric security plan"
			 means an electric utility plan for the supply and pricing of electric
			 generation service including other related matters pursuant to section
			 4928.143 of the Revised
			 Code.
(G) "Market-rate offer" means
			 an electric utility plan for the supply and pricing of electric generation
			 service pursuant to section
			 4928.142 of the Revised
			 Code.
(H) "Person"
			 has
			 the meaning set forth in division (A)(24) of section
			 4928.01 of the Revised
			 Code.
(I) "Standard service offer"
			 means an electric utility offer to provide consumers, on a comparable and
			 nondiscriminatory basis within its certified territory, all competitive retail
			 electric services necessary to maintain essential electric service to
			 consumers, including a firm supply of electric generation service, pursuant to
			 section 4928.141 of the Revised
			 Code.
(J) "Staff" means the staff
			 of the commission or its authorized representatives.
(K) "Time differentiated pricing" means a
			 retail rate design which includes differing prices based upon the time that
			 electricity is used in order to reflect differences in expected costs or
			 wholesale electricity prices in different time periods.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-35 - Electric Distribution Utility (EDU) › Section 4901:1-35-02 - Purpose and scope

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Pursuant to division (A) of section
			 4928.141 of the Revised Code,
			 beginning January 1, 2009, each electric utility in this state
			 may
			 provide consumers, on a comparable and nondiscriminatory basis within its
			 certified territory, a standard service offer (SSO) of all competitive retail
			 electric services necessary to maintain essential electric service to
			 consumers, including a firm supply of electric generation service. Pursuant to
			 this chapter, an electric utility may file an application for commission approval of
			 a standard
			 service offer ( SSO) in the form of an
			 electric security plan or market rate offer pursuant to sections
			 4928.142 and
			 4928.143 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 4901:1-35 - Electric Distribution Utility (EDU) › Section 4901:1-35-03 - Filing and contents of applications

Current through all
			 regulations passed and filed through July 1, 2024
Each electric utility in this state filing an application for a
				standard service offer (SSO) in the form of an electric security plan (ESP), a
				market-rate offer (MRO), or both, 
								complies with the requirements
				set forth in this rule.
(A)
								An application for an ESP or MRO is
			 incomplete without a complete set of direct testimony of the electric utility
			 personnel or other expert witnesses written in question and answer format
			 supporting all schedules and significant issues identified by the electric
			 utility.
(B) An SSO
			 application that contains a proposal for an MRO, or an SSO application
			 containing a proposal for a competitive bidding process (CBP),
			 
								will
			 comply with the applicable requirements set forth in this paragraph.
(1) The following electric utility
			 components are to be demonstrated in a separate
			 section of the SSO application proposing an MRO:
(a)
										It is the
			 responsibility of the electric
			 utility to show that it, or its transmission
			 affiliate, belongs to at least one regional transmission organization (RTO)
			 that has been approved by the federal energy regulatory commission
			 in compliance with section
			 4928.12 of the Revised
			 Code.
(b) The electric
			 utility shall establish one of the following: its RTO retains an independent
			 market-monitor function and has the ability to identify any potential for a
			 market participant or the electric utility to exercise market power in any
			 energy, capacity, and/or ancillary service markets by virtue of access to the
			 RTO and the market participant's data and personnel and has the ability to
			 effectively mitigate the conduct of the market participants so as to prevent or
			 preclude the exercise of such market power by any market participant or the
			 electric utility; or the electric utility shall demonstrate that an equivalent
			 function exists which can monitor, identify, and mitigate conduct associated
			 with the exercise of such market power.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-35 - Electric Distribution Utility (EDU) › Section 4901:1-35-04 - Service of application

Current through all regulations passed and
			 filed through July 1, 2024
(A) Concurrent with the filing of a standard
			 service offer (SSO) application and the filing of any waiver requests, the
			 electric utility shall provide notice of filings to each party in its most
			 recent SSO proceeding.
(B) The electric
			 utility shall provide electronic copies of the application upon request,
			 without cost, and transmit the application within five business days. Upon
			 request, electronic copies are provided in spreadsheet, word processing, or an
			 electronic non-image-based format, with formulas intact, compatible with
			 personal computers.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-35 - Electric Distribution Utility (EDU) › Section 4901:1-35-05 - Technical conference

Current through all regulations passed and
			 filed through July 1, 2024
Upon filing of a standard service offer application, the
				commission, legal director, deputy legal director, or attorney examiner
				will
				schedule a technical conference. The purpose of the technical conference is to
				allow interested persons an opportunity to better understand the electric
				utility's application. The electric utility will have the necessary personnel
				in attendance at this conference so as to explain, among other things, the
				structure of the filing, the work papers, the data sources, and the manner in
				which methodologies were devised. The conference will be held at the commission
				offices, unless the commission, legal director, deputy legal director, or
				attorney examiner determines otherwise.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-35 - Electric Distribution Utility (EDU) › Section 4901:1-35-07 - Discoverable agreements

Current through all regulations passed and
			 filed through July 1, 2024
Upon submission of an appropriate discovery request during a
				proceeding establishing a standard service offer, an electric utility shall
				make available to the requesting party every contract or agreement that is
				between the electric utility or any of its affiliates and a party to the
				proceeding, consumer, electric service company, or political subdivision and
				that is relevant to the proceeding, subject to such protection for proprietary
				or confidential information as is determined appropriate by the commission.
Five Year Review (FYR) Dates:
				10/09/2014 and
				10/09/2019
Promulgated
				Under: 111.15
Statutory
				Authority: 4928.06,
				4928.141
Rule
				Amplifies: 4928.145
Prior
				Effective Dates: 5/7/09
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-35 - Electric Distribution Utility (EDU) › Section 4901:1-35-08 - Competitive bidding process requirements and use of independent third party

Current through all regulations passed and filed through July 1,
			 2024
(A) An electric
			 utility proposing a market-rate offer in its standard service offer
			 application, pursuant to section
			 4928.142 of the Revised Code or
			 an ESP pursuant to section
			 4928.143 of the Revised Code,
			 shall propose a plan for a competitive bidding process (CBP). An electric
			 utility proposing an electric security plan (ESP), pursuant to section
			 4928.143 of the Revised Code,
			 may propose a plan for a CBP.  The electric utility shall use an independent
			 third party to design an open, fair, and transparent competitive solicitation;
			 to administer the bidding process; and to oversee the entire procedure to
			 assure that the CBP complies with the CBP plan. The independent third party
			 shall be accountable to the commission for all design, process, and oversight
			 decisions.
(B) Within twenty-four hours after the
			 completion of the bidding process, the independent third party shall submit a
			 report to the commission summarizing the results of the CBP. The report
			  includes, but is not  limited
			 to, the following items:
(1) A description of
			 the conduct of the bidding process, including a discussion of any aspects of
			 the process that the independent third party believes may have adversely
			 affected the outcome.
(2) The
			 level(s) of oversubscription for each product.
(3) The number of bidders for each
			 product.
(4) The percentage of each
			 product that was bid upon by persons other than the electric utility.
(5) The independent third party's evaluation
			 of the submitted bids, including the bidders' generation source and financial
			 capabilities to perform.
(6) The
			 independent third party's final recommendation of the least cost winning
			 bidder(s).
(7) A listing of the
			 retail rates that would result from the least cost winning bids, along with any
			 descriptions, formulas, and/or tables necessary to demonstrate how the
			 conversion from winning bid(s) to retail rates was accomplished under the
			 conversion process approved by the commission in the electric utility's CBP
			 plan.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-35 - Electric Distribution Utility (EDU) › Section 4901:1-35-09 - Electric security plan fuel and purchased power adjustments

Current through all regulations passed and filed through July 1,
			 2024
(A) Each electric
			 utility for which the commission has approved an electric security plan (ESP)
			 which includes automatic adjustments under division (B)(2)(a) of section
			 4928.143 of the Revised Code
			 shall file for such adjustments in accordance with the provisions of this
			 rule.
(B) The electric utility
			 shall calculate a proposed quarterly adjustment based on projected costs and
			 reconciliation requirements by filing an application four times per year. The
			 staff  reviews the quarterly filing
			 for completeness and computational accuracy. If staff raises no issues prior to
			 the date the quarterly adjustment is to become effective, the rates
			  become effective on that date.
			 Although rates are to be adjusted and provided on a quarterly basis, the cost
			 information is
			 to be summarized monthly.
(C)
			 On an annual basis, the prudence of the costs incurred and recovered through
			 quarterly adjustments will be reviewed
			 in a separate proceeding outside of the automatic recovery provision of the
			 electric utility's ESP. The electric utility shall demonstrate that the costs
			 were prudently incurred as required under division (B)(2)(a) of section
			 4928.143 of the Revised Code
			 and, if a significant change in costs has occurred, include an analysis
			 comparing the electric utility's resource and/or environmental compliance
			 strategy with supply and demand-side alternatives. The process and timeframes
			 for that separate proceeding shall be set by order of the commission, the legal
			 director, deputy legal director, or attorney examiner.
(D) The commission may order that consultants
			 be hired, with the costs billed to the electric utility, to conduct prudence
			 and/or financial reviews of the costs incurred and recovered through the
			 quarterly adjustments.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-35 - Electric Distribution Utility (EDU) › Section 4901:1-35-10 - Annual review of electric security plan

Current through all
			 regulations passed and filed through July 1, 2024
By May fifteenth of each year, the electric utility shall make
				a separate filing with the commission demonstrating whether or not any rate
				adjustments authorized by the commission as part of the electric utility's
				electric security plan resulted in significantly excessive earnings during the
				review period as measured by division (F) of section
				4928.143 of the Revised Code.
				The process and timeframes for that proceeding will be set by
				order of the commission, the legal director, or attorney examiner. The electric
				utility's filing should include the information set forth in paragraph
				(C) of rule
				4901:1-35-03 of the
				Administrative Code as it relates to excessive earnings.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-36 - Transmission Cost Recovery Rider › Section 4901:1-36-01 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
(A) "Application"
			 means an application for a transmission cost recovery rider pursuant to this
			 chapter.
(B) "Commission" means the
			 public utilities commission of Ohio.
(C) "Electric utility"
			 has
			 the meaning set forth in division (A)(11) of section
			 4928.01 of the Revised
			 Code.
(D) "Staff" means the staff
			 of the commission or its authorized representative.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-36 - Transmission Cost Recovery Rider › Section 4901:1-36-02 - Purpose and scope

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 This chapter authorizes an electric utility to recover, through a reconcilable
			 rider on the electric utility's distribution rates, all transmission and
			 transmission-related costs, including ancillary and congestion costs, imposed
			 on or charged to the utility, net of financial transmission rights and other
			 transmission-related revenues credited to the electric utility, by the federal
			 energy regulatory commission or a regional transmission organization,
			 independent 
								system operator, or similar organization approved
			 by the federal energy regulatory commission.
(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 4901:1-36 - Transmission Cost Recovery Rider › Section 4901:1-36-03 - Application

Current through all regulations passed and filed through July 1,
			 2024
(A) Each electric
			 utility which seeks recovery of transmission and transmission-related costs
			 shall file and accordingly, annually update an
			 application with the commission for a transmission cost recovery rider
			 in compliance with the appendix to this rule.
(B) The commission may
			 order that consultants be hired, with the costs billed to the electric utility
			 and recoverable through the rider, to conduct prudence and/or financial reviews
			 of the costs incurred and recovered through the transmission cost recovery
			 rider.
(C) Each annual
			 application to update the transmission cost recovery rider should be made not
			 less than seventy-five days prior to the proposed effective date of the updated
			 rider.
(D) If at anytime
			 during the period between annual update filings, the electric utility or staff
			 determines that costs are or will be substantially different than the amounts
			 authorized as the result of the electric utility's previous application, the
			 electric utility should file, on its own initiative or by order of the
			 commission, an interim application to adjust the transmission cost recovery
			 rider in order to avoid excessive carrying costs and to minimize rate impacts
			 for the following update filing.
(E) Affected parties
			 may file a motion to intervene and detailed comments on any issues concerning
			 any application filed under this rule within forty days of the date of the
			 filing of the application.
Click to view
				Appendix
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-36 - Transmission Cost Recovery Rider › Section 4901:1-36-04 - Limitations

Current through all regulations passed and filed through July 1,
			 2024
(A) The
			 transmission cost recovery rider costs are reconcilable on an annual basis,
			 with carrying charges to be applied to both over- and under-recovery of
			 costs.
(B) The transmission cost
			 recovery rider shall be avoidable by all customers who choose alternative
			 generation suppliers and the electric utility no longer bears the
			 responsibility of providing generation and transmission service to the
			 customers.
(C) The transmission
			 cost recovery rider shall include transmission and transmission-related costs
			 and off-setting revenues, including ancillary and congestion-related costs and
			 revenues, charged or credited to the utility by the entity with control of
			 transmission facilities under section
			 4928.12 of the Revised Code to
			 the extent such costs and revenues are not included in any other schedule or
			 rider in the electric utility's tariff on file with the commission.
Click to view
				Appendix
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-36 - Transmission Cost Recovery Rider › Section 4901:1-36-05 - Hearings

Current through all regulations passed and filed through July 1,
			 2024
Unless otherwise ordered by the commission, the legal director,
				the deputy legal director, or the attorney examiner, the commission
				will
								
				approve the application or sets the matter for
				hearing within seventy-five days after the filing of a complete application
				under this chapter. Proposed rates will become effective on the seventh-fifth
				day subject to reconciliation adjustments following any hearing, if necessary,
				or in its subsequent filing.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-36 - Transmission Cost Recovery Rider › Section 4901:1-36-06 - Additional information

Current through all regulations passed and
			 filed through July 1, 2024
(A)
								 On a
			 biennial basis, the electric utility shall provide additional information
			 detailing the electric utility's policies and procedures for minimizing any
			 costs in the transmission cost recovery rider where the electric utility has
			 control over such costs.
(B)
								 On a quarterly basis, each electric utility that seeks
			 recovery of transmission and transmission-related costs shall submit to staff a
			 report listing the cost components and amounts, customer revenue, and the
			 monthly over and under-recovery in a format similar to that used in the
			 application schedules for the reconciliation adjustment.
Effective: 1/1/2015
Five Year Review (FYR) Dates:
				10/17/2014 and
				10/17/2019
Promulgated
				Under: 111.15
Statutory
				Authority: 4928.06,
				4928.141
Rule
				Amplifies: 4928.05,
				4928.143
Prior
				Effective Dates: 4/2/09
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-37 - Electric Utility and Affiliates › Section 4901:1-37-01 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
(A) "Affiliates"
			 are companies that are related to each other due to common ownership or
			 control. This includes any internal merchant
			 function of the electric utility whereby the electric utility provides a
			 competitive service.
(B)
			 "Commission" means the public utilities commission of Ohio.
(C) "Competitive retail electric service
			 provider" means a provider of a competitive retail electric service as defined
			 in division (A)(4) of section
			 4928.01 of the Revised
			 Code.
(D) "Electric services
			 company" is defined in division (A)(9) of
			 section 4928.01 of the Revised Code.
(E) "Electric utility"
			 is defined in division (A)(11) of section
			 4928.01 of the Revised
			 Code.
(F) "Employees" are all full-
			 or part-time employees of an electric utility or its affiliates, as well as
			 consultants, independent contractors, or any other persons performing various
			 duties or obligations on behalf of or for an electric utility or its
			 affiliate.
(G) "Fully allocated
			 costs" are the sum of direct costs plus an appropriate share of indirect costs.
			 For purposes of these rules, the term "fully allocated costs"
			 has
			 the same meaning as the term fully loaded embedded costs as that term appears
			 in division (A)(3) of section
			 4928.17 of the Revised
			 Code.
(H) "Person"
			 is defined in division (A)(24) of section
			 4928.01 of the Revised
			 Code.
(I) "Staff" means the staff
			 of the commission or its authorized representative.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-37 - Electric Utility and Affiliates › Section 4901:1-37-02 - Purpose and scope

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 The purpose of this chapter is to require all of the state's electric utilities
			 to meet the same standards so a competitive advantage is not gained solely
			 because of corporate affiliation.
(B) This chapter is intended to create
			 competitive equality, prevent unfair competitive advantage, prohibit the abuse
			 of market power and effectuate the policy of the state of Ohio embodied in
			 section 4928.02 of the Revised
			 Code.
(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) To ensure compliance
			 with this chapter, examination of the books and records of affiliates may be
			 necessary.
(E)
								 The electric utility has the
			 burden of proof to demonstrate compliance with this chapter.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-37 - Electric Utility and Affiliates › Section 4901:1-37-03 - Applicability

Current through all regulations passed and filed through July 1,
			 2024
(A) The provisions
			 of this chapter are applicable in accordance with sections
			 4928.17 and
			 4928.18 of the Revised Code and
			 apply to:
(1) The activities of the electric
			 utility and its transactions or other arrangements with its
			 affiliates.
(2) Any shared services
			 of the electric utilities with any affiliates.
(3) The sale or transfer of generating
			 assets.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-37 - Electric Utility and Affiliates › Section 4901:1-37-04 - General provisions

Current through all regulations passed and
			 filed through July 1, 2024
(A) Structural safeguards.
(1) Each electric utility and its affiliates
			 that provide services to customers within the electric utility's service
			 territory shall function independently of each other.
(2) Each electric utility and its affiliates
			 that provide services to customers within the electric utility's service
			 territory shall not share facilities and services if such sharing in any way
			 violates paragraph (D) of this rule.
(3) Cross-subsidies between an electric
			 utility and its affiliates are prohibited. An electric utility's operating
			 employees and those of its affiliates shall function independently of each
			 other.
(4) An electric utility may
			 not share employees and/or facilities with any affiliate, if the sharing, in
			 any way, violates paragraph (D) of this rule.
(5) An electric utility shall ensure that all
			 shared employees appropriately record and charge their time based on fully
			 allocated costs.
(6) Transactions
			 made in accordance with rules, regulations, or service agreements approved by
			 the federal energy regulatory commission, securities and exchange commission,
			 and the commission, which rules the electric utility shall maintain in its cost
			 allocation manual (CAM) and file with the commission,
			  provide a rebuttable presumption of
			 compliance with the costing principles contained in this chapter.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-37 - Electric Utility and Affiliates › Section 4901:1-37-06 - Revisions and amendments

Current through all regulations passed
			 and filed through July 1, 2024
(A) All proposed revisions and/or amendments
			 to the electric utility's approved corporate separation plan shall be filed
			 with the commission, with a copy of the filing  simultaneously
			 provided to the director of the rates and
			 analysis department (or their designee).
(B) Except for proposals related to the sale
			 or transfer of assets filed pursuant to rule
			 4901:1-37-09 of the
			 Administrative Code, if a filing to revise and/or amend the electric utility's
			 corporate separation plan is not acted upon by the commission within sixty days
			 after it is filed, the modified corporate separation plan
			 
								will be
			 deemed approved on the sixty-first day after filing.
(C) Each electric utility shall file any
			 modified corporate separation plan in its tariff docket upon approval of such
			 plan.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-37 - Electric Utility and Affiliates › Section 4901:1-37-07 - Access to books and records

Current through all regulations
			 passed and filed through July 1, 2024
(A) The electric utility shall maintain
			 records sufficient to demonstrate compliance with this chapter, and shall
			 produce, upon the request of staff, all books, accounts, and/or other pertinent
			 records kept by an electric utility or its affiliates as they may relate to the
			 businesses for which corporate separation is required under section
			 4928.17 of the Revised Code,
			 including those required under section
			 4928.145 of the Revised
			 Code.
(B) The staff may investigate
			 such electric utility and/or affiliate operations and the interrelationship of
			 those operations at the staff's discretion. In addition, the employees and
			 officers of the electric utility and its affiliates shall be made available for
			 informational interviews, at a mutually agreed time and place, as required by
			 the staff to ensure proper separations are being followed.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-37 - Electric Utility and Affiliates › Section 4901:1-37-08 - Cost allocation manual (CAM)

Current through all
			 regulations passed and filed through July 1, 2024
(A) Each electric utility that receives
			 products and/or services from an affiliate and/or that provides products and/or
			 services to an affiliate shall maintain information in the CAM, documenting how
			 costs are allocated between the electric utility and affiliates and the
			 regulated and nonregulated operations.
(B) The CAM will be maintained by the
			 electric utility.
(C) The CAM is
			 intended to ensure the commission that no cross-subsidization is occurring
			 between the electric utility and its affiliates.
(D) The CAM will include:
(1) An organization chart of the holding
			 company, depicting all affiliates, as well as a description of activities in
			 which the affiliates are involved.
(2) A description of all assets, services,
			 and products provided to and from the electric utility and its
			 affiliates.
(3) All documentation
			 including written agreements, accounting bulletins, procedures, work order
			 manuals, or related documents, which govern how costs are allocated between
			 affiliates.
(4) A copy of the job
			 description of each shared employee.
(5) A list of names and job summaries for
			 shared consultants and shared independent contractors.
(6) A copy of all transferred employees'
			 (from the electric utility to an affiliate or vice versa) previous and new job
			 descriptions.
(7) A log detailing
			 each instance in which the electric utility exercised discretion in the
			 application of its tariff provisions.
(8) A log of all complaints brought to the
			 electric utility regarding this chapter.
(9) A copy of the minutes of each board of
			 directors meeting, that will be maintained for a minimum of three
			 years.