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Ohio Laws and Rules
(A) Compliance with state policy during the term of the plan After receiving alternative rate regulation under section 4929.05 of the Revised Code, no natural gas company shall implement the alternative rate regulation in a manner that violates the state policy as specified in section 4929.02 of the Revised Code.
(B) Modification or abrogation of a commission order granting authorization of an alternative rate plan
(1) The commission may, upon its own motion or upon the motion of any person adversely affected by such alternative rate regulation authority, including the natural gas company operating under the plan, and after notice and hearing pursuant to division (A) of section 4929.08 of the Revised Code, modify or abrogate any order accepting a plan issued pursuant to division (A) of section 4929.05 of the Revised Code, where both of the following conditions exists:
(a) The commission determines that the findings upon which the order was based are no longer valid and that the modification or abrogation is in the public interest.
(b) The modification or abrogation is not made more than eight years after the effective date of the order, unless the affected natural gas company consents.
(2) If the commission determines that a natural gas company granted alternative rate regulation is not in substantial compliance with the state policy as specified in section 4929.02 of the Revised Code, that the natural gas company is not in compliance with its alternative rate plan, or that the alternative rate regulation is affecting detrimentally the integrity or safety of the natural gas company's distribution system or the quality of any of the company's regulated services or goods, the commission, after a hearing, may abrogate the order granting such alternative rate regulation.
(3) The commission shall order such procedures as it deems necessary, consistent with these rules, in its consideration for modifying or abrogating an order granting authorization for an alternative rate plan, including any request from the applicant to correct its noncompliance. The commission shall serve notice of such action upon all parties to the proceeding in which the plan was authorized.
(4) Upon a finding that the order granting alternative rate regulation under section 4929.05 of the Revised Code, shall be abrogated, nothing shall prevent the commission from reducing or requiring the reduction of any rate or charge for a service previously covered under the abrogated order. Such reduced rate or charge to be applied prospectively.
(C) Progress reports during the term of the plan
The commission may require the applicant to provide progress reports during the term of its authorized alternative rate plan. The commission shall order such procedures as it deems necessary, consistent with these rules, regarding such progress reports, including the frequency, form and content of such reports.
(D) Expiration of the term of an alternative rate plan
If the applicant files no subsequent plan at the expiration of the term of an authorized alternative rate plan, the applicant's rates shall remain frozen at the latest level reached under the authorized plan at the time of expiration until otherwise changed by order of the commission.
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:
4929.05
Prior
Effective Dates: 3/24/97