Chapter 4901:1-42 Review of Green Pricing Programs

4901:1-42-01 Definitions.

(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 shall have the meaning as 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" shall have the 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.

Effective: 1/8/2015
Five Year Review (FYR) Dates: 01/08/2020
Promulgated Under: 111.15
Statutory Authority: 4928.70
Rule Amplifies: 4928.70

4901:1-42-02 Purpose and scope.

(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.

Effective: 1/8/2015
Five Year Review (FYR) Dates: 01/08/2020
Promulgated Under: 111.15
Statutory Authority: 4928.70
Rule Amplifies: 4928.70

4901:1-42-03 Requirements.

(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 report participation statistics, consistent with the requirements of Chapter 4901:1-25 of the Administrative Code.

(D) 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, which shall be retained for no less than two years, shall be provided to commission staff within five calendar days of such a request.

(E) 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, which shall be retained for no less than two years, shall be provided to commission staff within five calendar days of such a request.

(F) An 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.

Effective: 1/8/2015
Five Year Review (FYR) Dates: 01/08/2020
Promulgated Under: 111.15
Statutory Authority: 4928.70
Rule Amplifies: 4928.70