Chapter 4901:1-40 [Alternative Energy Portfolio Standard]

4901:1-40-01 Definitions.

(A) "Advanced energy fund" has the meaning set forth in section 4928.61 of the Revised Code.

(B) "Advanced energy resource" has the meaning set forth in division (A)(34) of section 4928.01 of the Revised Code.

(C) "Alternative energy resource" has the meaning set forth in division (A)(1) of section 4928.64 of the Revised Code.

(D) "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.

(E) "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.

(F) "Clean coal technology" means any technology that removes or has the design capability to remove criteria pollutants and carbon dioxide from an electric generating facility that uses coal as a fuel or feedstock as identified in the control plan requirements in paragraph (C) of rule 4901:1-41-03 of the Administrative Code.

(G) "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 shall dictate the proportion of electricity output from the facility that can be considered a renewable energy resource.

(H) "Commission" means the public utilities commission of Ohio.

(I) "Deliverable into this state" means that the electricity 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 could be physically delivered to the state.

(J) "Demand response" has the meaning set forth in rule 4901:1-39-01 of the Administrative Code.

(K) "Demand-side management" has the meaning set forth in paragraph (F) of rule 4901:5-5-01 of the Administrative Code.

(L) "Distributed generation" means electricity production that is on-site and is connected to the electricity grid.

(M) "Double-counting" means utilizing renewable energy, 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) Comply with both the energy efficiency and advanced energy statutory benchmarks.

(3) Support multiple voluntary product offerings.

(4) Substantiate multiple marketing claims.

(5) Some combination of these.

(N) "Electric generating facility" means a power plant or other facility where electricity is produced.

(O) "Electric services company" has the meaning set forth in division (A)(9) of section 4928.01 of the Revised Code.

(P) "Electric utility" has the meaning set forth in division (A)(11) of section 4928.01 of the Revised Code.

(Q) "Energy efficiency" has the meaning set forth in rule 4901:1-39-01 of the Administrative Code.

(R) "Energy storage" means a facility or technology that permits the storage of energy for future use as electricity.

(S) "Fuel cell" means a device that uses an electrochemical energy conversion process to produce electricity.

(T) "Geothermal energy" means hot water or steam extracted from geothermal reservoirs in the earth's crust and used for electricity generation..

(U) "Hydroelectric energy" means electricity generated by a hydroelectric facility as defined in division (A)(35) of section 4928.01 of the Revised Code.

(V) "Hydroelectric facility" has the meaning set forth in division (A)(35) of section 4928.01 of the Revised Code.

(W) "Mercantile customer" has the meaning set forth in division (A)(19) of section 4928.01 of the Revised Code.

(X) "MISO" means "Midwest Independent Transmission System Operator, Inc." or any successor regional transmission organization.

(Y) "Person" shall have the meaning set forth in division (A)(24) of section 4928.01 of the Revised Code.

(Z) "PJM" means "PJM Interconnection, LLC" or any successor regional transmission organization.

(AA) "Placed-in-service" means when a facility or technology becomes operational.

(BB) "Renewable energy credit" means the environmental attributes associated with one megawatt-hour of electricity generated by a renewable energy resource, except for electricity generated by facilities as described in paragraph (E) of rule 4901:1-40-04 of the Administrative Code.

(CC) "Renewable energy resource" has the meaning set forth in division (A)(35) of section 4928.01 of the Revised Code.

(DD) "Solar energy resources" means solar photovoltaic and/or solar thermal resources.

(EE) "Solar photovoltaic" means energy from devices which generate electricity directly from sunlight through the movement of electrons.

(FF) "Solar thermal" means the concentration of the sun's energy, typically through the use of lenses or mirrors, to drive a generator or engine to produce electricity.

(GG) "Solid wastes" has the meaning set forth in section 3734.01 of the Revised Code.

(HH) "Staff" means the commission staff or its authorized representative.

(II) "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.

(JJ) "Wind energy" means electricity generated from wind turbines, windmills, or other technology that converts wind into electricity.

Effective: 12/10/2009
R.C. 119.032 review dates: 09/30/2013
Promulgated Under: 111.15
Statutory Authority: 4905.04 , 4905.06 , 4928.01 , 4928.02 , 4928.64 , 4928.65
Rule Amplifies: 4928.01 , 4928.64 , 4928.65

4901:1-40-02 Purpose and scope.

(A) This chapter addresses the implementation of the alternative energy portfolio standard, including the incorporation of renewable energy credits, as detailed in sections 4928.64 and 4928.65 of the Revised Code respectively. Parties affected by these alternative energy portfolio standard rules include all Ohio electric utilities and all electric services companies serving retail electric customers in Ohio. Any entities that do not serve Ohio retail electric customers shall not be required to comply with the terms of the alternative energy portfolio standard.

(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: 12/10/2009
R.C. 119.032 review dates: 09/30/2013
Promulgated Under: 111.15
Statutory Authority: 4905.04 , 4905.06 , 4928.01 , 4928.02 , 4928.64 , 4928.65
Rule Amplifies: 4928.01 , 4928.02 , 4928.64 , 4928.65

4901:1-40-03 Requirements.

(A) All electric utilities and affected electric services companies shall ensure that, by the end of the year 2024 and each year thereafter, electricity from alternative energy resources equals at least twenty-five per cent of their retail electric sales in the state.

(1) Up to half of the electricity supplied from alternative energy resources may be generated from advanced energy resources.

(2) At least half of the electricity supplied from alternative energy resources shall be generated from renewable energy resources, including solar energy resources, in accordance with the following annual benchmarks:

Annual benchmarks for alternative energy resources generated from renewable and solar energy resources

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(a) At least half of the annual renewable energy resources, including solar energy resources, shall be met through electricity generated by facilities located in this state. Facilities located in the state shall include a hydroelectric generating facility that is located on a river that is within or bordering this state, and wind turbines located in the state's territorial waters of Lake Erie.

(b) To qualify towards a benchmark, any electricity from renewable energy resources, including solar energy resources, that originates from outside of the state must be shown to be deliverable into this state.

(3) All costs incurred by an electric utility in complying with the requirements of section 4928.64 of the Revised Code, shall be avoidable by any consumer that has exercised choice of electricity supplier, during such time that a customer is served by an electric services company.

(B) The baseline for compliance with the alternative energy resource requirements shall be determined using the following methodologies:

(1) For electric utilities, the baseline shall be computed as an average of the three preceding calendar years of the total annual number of kilowatt-hours of electricity sold under its standard service offer 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. The calculation of the baseline shall be based upon the average, annual, kilowatt-hour sales reported in that electric utility's three most recent forecast reports or reporting forms.

(2) For electric services companies, the baseline shall be computed as an average of the three preceding calendar years of the total annual number of kilowatt-hours of electricity sold to any and all retail electric consumers served by the company in the state, based upon the kilowatt-hour sales in the electric services company's most recent quarterly market-monitoring reports or reporting forms.

(a) If an electric services company has not been continuously supplying Ohio retail electric customers during the preceding three calendar years, the baseline shall be computed as an average of annual sales data for all calendar years during the preceding three years in which the electric services company was serving retail customers.

(b) For an electric services company with no retail electric sales in the state during the preceding three calendar years, its initial baseline shall consist of a reasonable projection of its retail electric sales in the state for a full calendar year. Subsequent baselines shall consist of actual sales data, computed in a manner consistent with paragraph (B)(2)(a) of this rule.

(3) An electric utility or electric services company may file an application requesting a reduced baseline to reflect new economic growth in its service territory or service area. Any such application shall include a justification indicating why timely compliance based on the unadjusted baseline is not feasible, a schedule for achieving compliance based on its unadjusted baseline, quantification of a new change in the rate of economic growth, and a methodology for measuring economic activity, including objective measurement parameters and quantification methodologies.

(C) Beginning in the year 2010, each electric utility and electric services company annually shall file a plan for compliance with future annual advanced- and renewable-energy benchmarks, including solar, utilizing at least a ten-year planning horizon. This plan, to be filed by April fifteenth of each year, shall include at least the following items:

(1) Baseline for the current and future calendar years.

(2) Supply portfolio projection, including both generation fleet and power purchases.

(3) A description of the methodology used by the company to evaluate its compliance options.

(4) A discussion of any perceived impediments to achieving compliance with required benchmarks, as well as suggestions for addressing any such impediments.

Effective: 12/10/2009
R.C. 119.032 review dates: 09/30/2013
Promulgated Under: 111.15
Statutory Authority: 4905.04 , 4905.06 , 4928.02 , 4928.64
Rule Amplifies: 4928.64

4901:1-40-04 Qualified resources.

(A) The following resources or technologies, if they have a placed-in-service date of January 1, 1998, or after, are qualified resources for meeting the renewable energy resource benchmarks: (1) Solar photovoltaic or solar thermal energy.

(2) Wind energy.

(3) Hydroelectric energy.

(4) Geothermal energy.

(5) Solid waste energy derived from fractionalization, biological decomposition, or other process that does not principally involve combustion.

(6) Biomass energy.

(7) Energy from a fuel cell.

(8) A storage facility, if it complies with the following requirements: (a) The electricity used to pump the resource into a storage reservoir must qualify as a renewable energy resource, or the equivalent renewable energy credits are obtained.

(b) The amount of energy that may qualify from a storage facility is the amount of electricity dispatched from the storage facility.

(9) Distributed generation system used by a customer to generate electricity from one of the resources or technologies listed in paragraphs (A)(1) to (A)(8) of this rule.

(10) A renewable energy resource created on or after January 1, 1998, by the modification or retrofit of any facility placed in service prior to January 1, 1998.

(B) The following resources or technologies, if they have a placed-in-service date of January 1, 1998, or after, are qualified resources for meeting the advanced energy resource benchmarks: (1) Any modification to an electric generating facility that increases its generation output without increasing the facility's carbon dioxide emissions (tons per year) in comparison to its actual annual carbon dioxide emissions preceding the modification. In such an instance, it is the incremental increase in generation output that may be quantified and applied toward an advanced energy requirement.

(2) Any distributed generation system, designed primarily to meet the energy needs of the customer's facility that utilizes co-generation of electricity and thermal output simultaneously.

(3) Clean coal technology.

(4) Advanced nuclear energy technology, from: (a) Advanced nuclear energy technology consisting of generation III technology as defined by the nuclear regulatory commission or other later technology.

(b) Significant improvements to existing facilities. In such an instance, it is the incremental increase in generation attributable to the improvement that may be quantified and applied toward an advanced energy requirement. Extension of the life of existing nuclear generation capacity shall not qualify as advanced nuclear energy technology.

(5) Energy from a fuel cell.

(6) Advanced solid waste or construction and demolition debris conversion technology that results in measurable greenhouse gas emission reductions.

(7) Demand-side management and energy efficiency, above and beyond that used to comply with any other regulatory standard or programs.

(C) The following new or existing mercantile customer-sited resources may be qualified resources for meeting electric utilities' annual, renewable- or advanced-energy resource benchmarks, as applicable, provided that it does not constitute double-counting for any other regulatory requirement and that the mercantile customer has committed the resource for integration into the electric utility's demand-response, energy efficiency, or peak-demand reduction programs pursuant to rule 4901:1-39-08 of the Administrative Code.

(1) Renewable energy resources from mercantile customers include the following: (a) Electric generation equipment that uses a renewable energy resource and is owned or controlled by a mercantile customer.

(b) Any renewable energy resource of the mercantile customer that can be utilized effectively as part of an alternative energy resource plan of an electric utility and would otherwise qualify as a renewable energy resource if it were utilized directly by an electric utility.

(2) Advanced energy resources from mercantile customers include the following: (a) A resource that improves the relationship between real and reactive power.

(b) A mercantile customer-owned or controlled resource that makes efficient use of waste heat or other thermal capabilities.

(c) Storage technology that allows a mercantile customer more flexibility to modify its demand or load and usage characteristics.

(d) Electric generation equipment owned or controlled by a mercantile customer that uses an advanced energy resource.

(e) Any advanced energy resource of the mercantile customer that can be utilized effectively as part of an advanced energy resource plan of an electric utility and would otherwise qualify as an advanced energy resource if it were utilized directly by an electric utility.

(D) An electric utility or electric services company may use renewable energy credits (REC) to satisfy all or part of a renewable energy resource benchmark, including a solar energy resource benchmark.

(1) To be eligible for use towards satisfying a benchmark, a REC must originate from a facility that meets the definition of a renewable energy resource, including solar energy resources, and be measured by a utility-grade meter in compliance with paragraph B of rule 4901:1-10-05 of the Administrative Code, for facilities with generating capacity of more than six kilowatts. Such facilities could include a mercantile customer-sited resource that is not committed for integration into an electric utility's demand-response, energy efficiency, or peak-demand reduction program pursuant to rule 4901:1-39-08 of the Administrative Code but that otherwise qualifies under the terms of paragraph (A) of this rule.

(2) To use RECs as a means of achieving partial or complete compliance, an electric utility or electric services company must be a registered member in good standing of at least one of the following: (a) The PJM's generation attributes tracking system.

(b) The MISO's renewable energy tracking system.

(c) Another credible tracking system approved for use by the commission.

(3) A REC may be used for compliance any time in the five calendar years following the date of its initial purchase or acquisition.

(4) Double counting is prohibited.

(5) The RECs must be associated with electricity that was generated no earlier than July 31, 2008.

(E) For a generating facility of seventy-five megawatts or greater that is situated within this state and has committed by December 31, 2009, to modify or retrofit its generating unit or units to enable the facility to generate principally from biomass energy by June 30, 2013, the number of RECs produced by each megawatt-hour of electricity generated principally from biomass energy shall equal the actual percentage of biomass feedstock heat input used to generate such megawatt-hour multiplied by the quotient obtained by dividing the then existing unit dollar amount used to determine a renewable energy compliance payment as provided under division (C)(2)(b) of section 4928.64 of the Revised Code, by the then existing market value of one REC, but such megawatt-hour shall not equal less than one credit.

(F) An entity seeking resource qualification shall file an application for certification of its resources or technologies, upon such forms as may be prescribed by the commission. The application shall include a determination of deliverability to the state in accordance with paragraph (I) of rule 4901:1-40-01 of the Administrative Code.

(1) Any interested person may file a motion to intervene and file comments and objections to any application filed under this rule within twenty days of the date of the filing of the application.

(2) The commission may approve, suspend, or deny an application within sixty days of it being filed. If the commission does not act within sixty days, the application is deemed automatically approved on the sixty-first day after the date filed.

(3) If the commission suspends the application, the applicant shall be notified of the reasons for such suspension and may be directed to furnish additional information. The commission may act to approve or deny a suspended application within ninety days of the date that the application was suspended.

(4) Upon commission approval, the applicant shall receive notification of approval and a numbered certificate where applicable. The commission shall provide this certificate number to the appropriate attribute tracking system.

(5) Representatives of certified facilities must notify the commission within thirty days of any material changes in information previously submitted to the commission during the certification process. Failure to do so may result in revocation of certification status.

(6) Certification of a resource or technology shall not predetermine compliance with annual benchmarks, and does not constitute any commission position regarding cost recovery.

(G) At its discretion, the commission may classify any new technology or additional resource as an advanced- or renewable-energy resource. Any interested person may request a hearing on such classification.

Effective: 12/10/2009
R.C. 119.032 review dates: 09/30/2013
Promulgated Under: 111.15
Statutory Authority: 4901.13 , 4905.04 , 4905.06 , 4928.02 , 4928.64 , 4928.65
Rule Amplifies: 4928.01 , 4928.64 , 4928.65

4901:1-40-05 Annual status reports and compliance reviews.

(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 alternative energy portfolio status report analyzing all activities undertaken in the previous calendar year to demonstrate how the applicable alternative energy portfolio benchmarks and planning requirements have or will be met. Staff shall conduct annual compliance reviews with regard to the benchmarks under the alternative energy portfolio standard.

(1) Beginning in the year 2010, the annual review will include compliance with the most recent applicable renewable- and solar-energy resource benchmark.

(2) Beginning in the year 2025, the annual review will include compliance with the most recent applicable advanced energy resource benchmark.

(3) The annual compliance reviews shall consider any under-compliance an electric utility or electric services company asserts is outside its control, including but not limited to, the following: (a) Weather-related causes.

(b) Equipment shortages for renewable or advanced energy resources.

(c) Resource shortages for renewable or advanced energy resources.

(B) Any person may file comments regarding the electric utility's or electric services company's alternative energy portfolio status report within thirty days of the filing of such report.

(C) Staff shall review each electric utility's or electric services company's alternative energy portfolio status report and any timely filed comments, and file its findings and recommendations and any proposed modifications thereto.

(D) The commission may schedule a hearing on the alternative energy portfolio status report.

Effective: 12/10/2009
R.C. 119.032 review dates: 09/30/2013
Promulgated Under: 111.15
Statutory Authority: 4901.13 , 4905.04 , 4905.06 , 4928.02 , 4928.64 , 4928.65
Rule Amplifies: 4928.64 , 4928.65

4901:1-40-06 Force majeure.

An electric utility or electric services company may seek a force majeure determination from the commission for all or part of a minimum renewable- or solar-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. The process and timeframes for such a determination shall be set by entry of the commission, the legal director, deputy legal director, or attorney examiner.

(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 in-state resources, as well as qualified resources within the territories of PJM and the MISO.

(B) If the commission determines that force majeure conditions exist, it may modify that compliance obligation of the electric utility or electric services company, as it considers appropriate to accommodate the finding.

(1) Such modification does not automatically reduce future-year obligations.

(2) The commission retains the right to increase a future year's compliance obligation by the amount of any under compliance in a previous year that is attributed to a force majeure determination.

Effective: 12/10/2009
R.C. 119.032 review dates: 09/30/2013
Promulgated Under: 111.15
Statutory Authority: 4901.13 , 4905.04 , 4905.06 , 4928.02 , 4928.64
Rule Amplifies: 4928.64

4901:1-40-07 Cost cap.

(A) An electric utility or electric services company may file an application requesting a determination from the commission that its reasonably expected cost of compliance with an advanced energy resource benchmark would exceed its reasonably expected cost of generation to customers by three per cent or more. The process and timeframes for such a determination shall be set by entry of the commission, the legal director, deputy legal director, or attorney examiner.

(1) The burden of proof for substantiating such a claim shall remain with the electric utility or electric services company.

(2) An electric utility or electric services company shall pursue all reasonable compliance options prior to requesting such a determination from the commission.

(3) In the case that the commission makes such a determination, the electric utility or electric services company may not be required to fully comply with that specific benchmark.

(B) An electric utility or electric services company may file an application requesting a determination from the commission that its reasonably expected cost of compliance with a renewable energy resource benchmark, including a solar energy resource benchmark, would exceed its reasonably expected cost of generation to customers by three per cent or more. The process and timeframes for such a determination shall be set by entry of the commission, the legal director, deputy legal director, or attorney examiner.

(1) The burden of proof for substantiating such a claim shall remain with the electric utility or electric services company.

(2) An electric utility or electric services company shall pursue all reasonable compliance options prior to requesting such a determination from the commission.

(3) In the case that the commission makes such a determination, the electric utility or electric services company may not be required to fully comply with that specific benchmark.

(C) Calculations involving a three per cent cost cap shall consist of comparing the total expected cost of generation to customers of an electric utility or electric services company, while satisfying an alternative energy portfolio standard requirement, to the total expected cost of generation to customers of the electric utility or electric services company without satisfying that alternative energy portfolio standard requirement.

(D) Any costs included in a commission-approved unavoidable surcharge for construction or environmental expenditures of generation resources shall be excluded from consideration as a cost of compliance under the terms of the alternative energy portfolio standard and therefore, would not count against the applicable cost cap. Such costs should, however, be included in the calculation of the total expected cost of generation to customers described in paragraph (C) of this rule.

(E) If the commission makes a determination that a three per cent provision is triggered, the electric utility or electric services company shall comply with each benchmark up to the point that the three per cent increment would be reached for each benchmark.

Effective: 12/10/2009
R.C. 119.032 review dates: 09/30/2013
Promulgated Under: 111.15
Statutory Authority: 4901.13 , 4905.04 , 4905.06 , 4928.02 , 4928.64
Rule Amplifies: 4928.64

4901:1-40-08 Compliance payments.

(A) Any electric utility or electric services company that does not achieve an annual renewable energy resource benchmark, including a solar 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 determined that the three per cent cost-cap provision would be exceeded in the event of full compliance.

(1) The required payment for noncompliance with any solar energy resource benchmark shall be calculated by quantifying the level of noncompliance, rounded to the next MWh, and multiplying this figure by the per MWh amount in the table below.

Solar energy resources - compliance payment

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(2) The required payment for noncompliance with any renewable energy resource benchmark, excluding solar, 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 shall be performed by staff no later than June first of each calendar year. This annual adjustment shall be calculated using the following formula:

= ((CPIYR2/CPIYR1) * current per MWh payment) (c) In no event shall the compliance payment for renewable energy resources be less than forty-five dollars per MWh.

(3) At least annually, the staff shall conduct a review of the renewable energy resource market, including solar, both within this state and within the regional transmission systems active in the state. The results of this review shall be used to determine if changes to the solar- or renewable-energy compliance payments are warranted, as follows:

(a) The commission may increase compliance payments if needed to ensure that electric utilities and electric services companies are not using the payments in lieu of acquiring or producing energy or RECs from qualified renewable resources, including solar.

(b) Any recommendation to reduce the compliance payments shall be presented to the general assembly.

(B) Any compliance payment shall be submitted to the commission for deposit to the credit of the advanced energy fund. All compliance payments shall be delivered to the commission within thirty days of the imposition of any compliance payment requirement.

(C) Compliance payments shall be subject to such collection and enforcement procedures as apply to the collection of a forfeiture under sections 4905.55 to 4905.60 and 4905.64 of the Revised Code.

(D) Any electric utility or electric services company found to be liable for a compliance payment is prohibited from passing compliance payments on to consumers. In the event that a compliance payment is required, an electric utility or electric services company shall submit an attestation, signed by a company officer or designee, indicating that it will not seek to recover the specific compliance payment from consumers. Such attestation shall be submitted to staff within thirty days of the imposition of any compliance payment requirement.

Effective: 12/10/2009
R.C. 119.032 review dates: 09/30/2013
Promulgated Under: 111.15
Statutory Authority: 4901.13 , 4905.04 , 4905.06 , 4928.02 , 4928.64
Rule Amplifies: 4928.64 , 101.68 , 101.27

4901:1-40-09 Annual report.

(A) Pursuant to division (D)(1) of section 4928.64 of the Revised Code, an annual report shall be submitted to the general assembly addressing at least the following topics: (1) The compliance status of electric utilities and electric services companies with respect to the advanced- and renewable-energy resource benchmarks.

(2) Suggested strategies for electric utility and electric services company compliance.

(3) Suggested strategies for encouraging the use of alternative energy resources in supplying this state's electricity needs in a manner that considers: (a) Available technology.

(b) Costs.

(c) Job creation.

(d) Economic impacts.

(B) The report shall be submitted in accordance with section 101.68 of the Revised Code.

(C) 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. The process and timeframes for soliciting public comment shall be set by entry of the commission, the legal director, deputy director, or attorney examiner.

Effective: 12/10/2009
R.C. 119.032 review dates: 09/30/2013
Promulgated Under: 111.15
Statutory Authority: 4901.13 , 4905.04 , 4905.06 , 4928.02 , 4928.64 , 4928.65
Rule Amplifies: 4928.64 , 4928.65