4901:1-19-10 Notice of intent to implement the exemption or alternative rate plan (or withdraw the application).

(A) Exemption case

(1) Within thirty calendar days after the date of issuance of a commission order granting approval of an exemption under section 4929.04 of the Revised Code, or within twenty calendar days after the issuance of a rehearing entry pursuant to section 4903.10 of the Revised Code, whichever is later, the applicant shall either:

(a) File with the commission a notice of the applicant's intention to implement the exemption as directed by the commission in its order, and a copy of the applicant's revised rate schedules.

(b) Withdraw the exemption application if the commission modifies or does not approve as filed the exemption application.

(2) If the applicant files a notice of intent to implement the exemption as approved by the commission, it shall serve that notice on all parties to the proceeding which authorized the exemption.

(3) Failure to file a notice of intent to implement the exemption as ordered by the commission within thirty calendar days of that order will be deemed a withdrawal of the exemption application.

(B) Alternative rate plan case

(1) Within thirty calendar days after the date of issuance of a commission order granting authorization of an alternative rate plan under section 4929.05 of the Revised Code, or within twenty calendar days after the issuance of a rehearing entry pursuant to section 4903.10 of the Revised Code, whichever is later, the applicant shall file a notice of intent to implement the plan as directed by the commission in its order and a copy of its final rate schedules in accordance with section 4929.07 of the Revised Code. The applicant shall do either of the following:

(a) File a copy of its revised rate schedules with a notice of the applicant's intent to implement the alternative rate plan as directed by the commission in its order.

(b) Withdraw the alternative rate plan request if the commission's order modifies or does not authorize the alternative rate plan as filed.

(2) If the applicant files a notice of intent to implement the plan, the commission within thirty calendar days after the date of the filing of the notice, shall do either of the following:

(a) Approve the revised schedules if the commission finds there is no material difference between the authorized alternative rate plan and the filed schedules.

(b) Disapprove the revised schedules if the commission finds that there is a material difference between the authorized alternative rate plan and the filed revised schedules.

(c) If the commission disapproves the revised schedules, it shall provide a written order explaining its reasons for doing so, and it shall permit the applicant an additional thirty calendar days to implement the authorized alternative rate plan or permit the applicant to withdraw the alternative rate plan pursuant to paragraph (B)(1)(b) of this rule.

(3) Failure to file a notice of intention to implement the plan as ordered by the commission within thirty calendar days of that order will be deemed a withdrawal of its alternative rate plan request.

(4) If the applicant withdraws its alternative rate plan application request pursuant to section 4929.07 of the Revised Code, the rates and charges found under section 4929.05 of the Revised Code, by the commission to be just and reasonable pursuant to section 4909.15 of the Revised Code, shall be effective as of the date the applicant files final rate schedules containing those rates and charges.

Effective: 11/10/2006
R.C. 119.032 review dates: 08/22/2006 and 09/30/2011
Promulgated Under: 111.15
Statutory Authority: 4929.10
Rule Amplifies: 4929.04, 4929.05
Prior Effective Dates: 3/24/97, 6/3/97