Chapter 4901:1-9 Metering Options

4901:1-9-01 Definitions.

(A) As used in this chapter:

(1) "Contribution in aid of construction" means any amount of money or property contributed to an electric utility to the extent that the purpose of the contribution is to provide for line extensions for new or expanded customer loads.

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

(3) "Cost estimate" means the detailed projected expenditure, including material costs and overhead, equipment costs and overhead, labor costs and overhead, and all taxes associated with each major material and service component, required for a line extension. It shall also separately identify any incremental costs associated with providing premium services.

(4) "Customer" means any individual, corporation, company, co-partnership, association, joint venture, or government entity who has requested the construction of an electric line extension from the electric utility.

(5) "Electric utility" shall have the meaning set forth in division (A)(11) of section 4928.01 of the Revised Code.

(6) "Line extension" means the provision of facilities (including, but not limited to, poles, fixtures, wires, and appurtenances) necessary for delivering electrical energy from the point of origin to one or more of the customer's points of delivery. Facilities provided by the electric utility to maintain, protect, upgrade, or improve its overall distribution system (even if necessary due to a customer's load addition) are not considered part of a line extension.

(7) "Multifamily installation" means any line extension to a new residential dwelling that will have two or more dwelling units, where each unit has a separate account for electric service.

(8) "Point of origin" means the point where a line extension under this rule connects with and receives energy from any existing transmission or distribution equipment. The point of origin shall be the nearest practical point to the customers to be served by the line extension at which the appropriate voltage level is available.

(9) "Premium service" includes, but is not limited to, customer-requested oversizing of facilities, underground construction, three-phase residential service, and any customer request that is in excess of standard construction and requirements necessary to provide electric service to the customer.

(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.

Replaces: part of 4901:1-9-07

Effective: 08/29/2009
R.C. 119.032 review dates: 09/30/2012
Promulgated Under: 111.15
Statutory Authority: 4905.04 , 4928.06 , 4925.151
Rule Amplifies: 4928.02
Prior Effective Dates: 1/20/63

4901:1-9-03 Demand, load, or time differentiated pricing meter option for residential customers.

Each electric utility shall maintain on file with the commission a tariff, in which the electric utility:

(A) Offers residential customers, whose residences are primarily heated by electricity, the option of metering usage by a demand, load, or time differentiated pricing meter.

(B) May require customers to pay for any demand, load, or time differentiated pricing meter they select and its installation, if no such meter is already installed or the technology deployed.

(C) Shall bill customers with demand, load, or time differentiated pricing meters for kilowatt hours in excess of a prescribed number of kilowatt hours per kilowatt of billing demand, at a rate per kilowatt hour that reflects the lower cost of providing service during off-peak periods.

Effective: 06/29/2009
R.C. 119.032 review dates: 11/26/2008 and 09/30/2012
Promulgated Under: 111.15
Statutory Authority: 4905.70
Rule Amplifies: 4905.28 , 4905.70
Prior Effective Dates: 11/18/87, 7/1/99

4901:1-9-05 Uniform system of accounts for electric utilities.

(A) Electric utilities shall keep their books of accounts and records in accordance with the uniform system of accounts prescribed by the federal energy regulatory commission except to the extent that the provisions of said uniform system of accounts are inconsistent in any way with the outstanding accounting orders of the commission.

(B) The commission reserves the right to require the creation and maintenance of such additional accounts as may hereafter be prescribed to cover the accounting procedures of electric utilities.

Effective: 06/29/2009
R.C. 119.032 review dates: 11/26/2008 and 09/30/2012
Promulgated Under: 111.15
Statutory Authority: 4905.13
Rule Amplifies: 4905.13
Prior Effective Dates: 1/20/63, 1/8/88

4901:1-9-06 Retention of records.

Unless otherwise specified in Chapter 4901:1-10 of the Administrative Code, the regulations governing the retention and preservation of records of electric utilities are set forth in the appendix to this rule.

Appendix

REGULATIONS TO GOVERN THE PRESERVATION OF RECORDS

BY ELECTRIC, GAS, WATER, AND SEWAGE DISPOSAL UTILITIES

See Appendix at

http://www.registerofohio.state.oh.us/pdfs/4901/1/9/4901$1-9-06_FF_A_APP1_20090618_0842.pdf

Effective: 06/29/2009
R.C. 119.032 review dates: 11/26/2008 and 09/30/2012
Promulgated Under: 111.15
Statutory Authority: 4905.06
Rule Amplifies: 4905.06
Prior Effective Dates: 9/17/79, 1/1/88, 7/1/99

4901:1-9-07 Rules, regulations, and practices for the construction of electric line extensions.

(A) Applicability

This rule is applicable to all electric utilities to facilitate the policy of the state as set forth in section 4928.02 of the Revised Code by requiring all of the state's electric utilities to apply the same policies and charges on a nondiscriminatory and comparable basis in fulfilling the obligation to construct line extensions when necessary to provide adequate distribution service to new or expanded customer loads, both residential and nonresidential.

(B) Tariff requirements

(1) Each electric utility shall have on file with the commission an approved tariff schedule for the provision of line extensions consistent with the requirements of this rule.

(2) In the event that provisions are required to implement circumstances not addressed in this rule, the electric utility shall address those circumstances in its application, but shall make its best efforts to maintain consistency with the rules herein.

(3) Upon the filing of an application to establish or modify line extension tariffs, the commission may fix a time and place for hearing if the application appears to be unjust or unreasonable. The burden of proof to show that the proposals in the application are just and reasonable shall be upon the electric utility.

(C) Cost estimates

(1) Within ten business days of a request, the electric utility shall provide a nonbinding good faith cost estimate for the line extension project.

(2) Within forty-five calendar days of a request, the electric utility shall provide a binding firm cost estimate for the line extension project. Under the circumstance where the electric utility requires further relevant information, the electric utility shall contact the customer and shall provide a binding firm cost estimate no more than ten calendar days from the receipt of the required information.

(3) All firm cost estimates shall be valid for ninety calendar days and are subject to change based upon obtaining necessary rights of way and to conditions beyond the reasonable control of the electric utility.

(4) The electric utility may allow third-party installation of line extension facilities subject to utility specifications and inspection. If a customer completes any of the work, a detailed cost estimate will be developed by the electric utility for the purpose of calculating the amount to be paid by the customer, as well as the amount that is the responsibility of the electric utility.

(5) Costs attributed to land clearance activity, trenching, and backfilling required for the installation of line extension facilities on the customer's property are the responsibility of the customer.

(D) Line extension charges

(1) For line extensions to residential single family homes, both individual homes and homes in a development, unless noted otherwise, the following shall apply:

(a) The electric utility shall be responsible for all costs, excluding the incremental costs of premium services (the sum of the electric utility's cost to provide the premium installation minus the electric utility's cost of a standard, single-phase installation), up to five thousand dollars.

(b) The customer shall be responsible for the incremental costs of premium services prior to the start of construction.

(c) The customer shall make arrangements with the electric utility for the payment of the non-premium line extension costs that exceed five thousand dollars. The electric utility shall afford the nondeveloper, individual homeowner the option of paying those costs, plus carrying costs, on a prorated monthly basis for up to fifty months.

(2) For line extensions to residential, non-master-metered, multifamily installations (two or more units) the following shall apply:

(a) The electric utility shall be responsible for all costs, excluding the incremental costs of premium services (the sum of the electric utility's cost to provide the premium installation minus the electric utility's cost of a standard, single-phase installation), up to twenty-five hundred dollars per unit.

(b) The customer shall be responsible for the incremental costs of premium services prior to the start of construction.

(c) The customer shall make arrangements with the electric utility for the payment of the non-premium line extension costs that exceed twenty-five hundred dollars per unit.

(3) For line extensions to nonresidential customers the following shall apply:

(a) The electric utility shall be responsible for sixty per cent of the total cost of the line extension, excluding the incremental costs of premium services (the sum of the electric utility's cost to provide the premium installation minus the electric utility's cost to install, in accordance with good utility practice, a standard line extension to the project).

(b) The customer shall be responsible for forty per cent of the total cost of the line extension plus the incremental costs of premium services prior to the start of construction.

(c) If a substation is required as part of the line extension project to a customer, the customer shall be given the option of building (pursuant to all applicable electrical standards), owning, and maintaining such substation.

(E) Electric utility cost recovery for line extensions

(1) The payment for premium services and for the cost of residential construction in excess of the limits of five thousand dollars for single-family residences and twenty-five hundred dollars per unit for multifamily residences shall be considered as contribution in aid of construction (CIAC) and shall be grossed-up by the effect of applicable taxes. The total CIAC payment (including the tax gross-up) shall be accounted for according to applicable accounting standards.

(2) All other costs associated with line extensions, including, but not limited to, the costs of necessary technical studies, operation and maintenance costs, and capital costs shall be eligible for recovery in the next distribution rate proceeding, in accordance with traditional ratemaking standards.

(3) Line extension costs and the recovery of such costs shall not be included in the recovery of any costs associated with infrastructure and modernization of the electric utility's distribution system for which the electric utility may seek recovery under division (B)(2)(h) of section 4928.143 of the Revised Code.

(F) Future customers

(1) Any customer who paid to the electric utility a CIAC, other than for premium services, may be entitled to a refund of a portion of the CIAC paid in accordance with the following:

(a) If any new customer, within fifty months of the completion of a line extension project for which a party has paid to the electric utility a CIAC, utilizes all or part of the facilities for which the CIAC has been paid, the party who paid the CIAC may be entitled to a refund which represents a pro rata portion of the original CIAC calculated to equitably share the CIAC responsibility for those facilities used in service by both the new and original customer.

(b) If any new additional customer, within fifty months of the completion of the line extension project for which a party has paid to the electric utility a CIAC, utilizes all or part of the facilities for which a CIAC has been paid, the party who paid the CIAC may also be entitled to a refund.

(2) Such refunds shall be reflected as a reduction to CIAC for ratemaking purposes.

Replaces: 4901:1-9-07

Effective: 08/29/2009
R.C. 119.032 review dates: 09/30/2012
Promulgated Under: 111.15
Statutory Authority: 4928.06 , 4928.151 , 4905.22
Rule Amplifies: 4905.17 , 4905.22 , 4928.02
Prior Effective Dates: 1/20/63

4901:1-9-09 Nuclear decommissioning reports.

(A) Pursuant to section 4928.13 of the Revised Code, each electric utility that owns nuclear generation facilities located in the state of Ohio shall demonstrate compliance with decommissioning requirements of the nuclear regulatory commission and the commission and shall demonstrate adequate financing mechanisms to fund facility decommissioning.

(B) Each electric utility or affiliate that owns nuclear generation facilities located in Ohio shall submit to the commission, on or before January 31, 2001, a copy of the study used to estimate decommissioning costs for each nuclear generating facility, as used for internal modeling purposes, as of December 31, 1998. If a later estimate of decommissioning costs has been prepared, this study also shall be provided by the above date.

(C) On a biennial basis, commencing March 31, 2001, an electric utility or affiliate owning nuclear generation facilities shall cause the entity responsible for managing the external trust fund (fund) created to hold funds for the decommissioning of each nuclear facility located in Ohio, as described in case no. 87-1183-EL-COI, to report to the commission on the status of that fund. This reporting may be coordinated so as to coincide with the reporting requirements of the nuclear regulatory commission. The annual reports shall include:

(1) Information on the receipts of the fund.

(2) The investment income of the fund.

(3) The costs incurred by the fund.

(4) The balance of the fund.

(5) A description of the current fund investments, as to return and investment grade reported by applicable reporting services.

(D) In addition, an electric utility or affiliate owning nuclear generation facilities shall cause the entity responsible for managing the fund to file copies of all documents required to be filed with other state or federal agencies, including tax returns, with the commission within thirty calendar days following their submittal to the requiring agency. This requirement includes updated estimates of nuclear decommissioning cost estimates as and when required by the nuclear regulatory commission.

(E) The above referenced documents shall be filed with the commission's docketing division as notice filings.

Effective: 06/29/2009
R.C. 119.032 review dates: 11/26/2008 and 09/30/2012
Promulgated Under: 111.15
Statutory Authority: 4928.13 , 4928.06
Rule Amplifies: 4928.13
Prior Effective Dates: 9/18/00