Chapter 4901:1-25 Market Monitoring

4901:1-25-01 Definitions.

As used in this chapter:

(A) "Affiliate" shall have the meaning set forth in rule 4901:1-20-16 of the Administrative Code.

(B) "Aggregation service" means the act of combining the electric load of multiple customers for the purposes of supplying or arranging for the supply of competitive retail electric generation service to those customers.

(C) "Aggregator" means a person who provides aggregation service.

(D) "Certified competitive electric cooperative" means a not-for-profit electric light company that both is or has been financed in whole or in part under the "Rural Electrification Act of 1936," 49 Stat. 1363, 7 U.S.C. 901 , and owns or operates facilities in this state to generate, transmit, or distribute electricity, or a not-for-profit successor of such company, which has been certified by the commission to be a competitive retail electric service provider in accordance with the provisions of section 4928.08 of the Revised Code.

(E) "Commercial customer" means a nonresidential, nonindustrial customer.

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

(G) "Competitive retail electric service" (CRES) shall have the meaning set forth in division (A)(4) of section 4928.01 of the Revised Code.

(H) "Customer" for the purpose of this chapter shall have the same meaning as it has in the distribution tariff of the electric distribution utility serving the customer.

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

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

(K) "Governmental aggregator" shall have the meaning set forth in division (A)(13) of section 4928.01 of the Revised Code. In accordance with division (F) of section 4928.20 of the Revised Code, a governmental aggregator is not a public utility engaging in the wholesale purchase and resale of electricity, and provision of the aggregation service is not a wholesale utility transaction.

(L) "Independent power producer" means an owner of generation who sells at least a portion of the electric energy from that generation at retail.

(M) "Industrial customers" means establishments categorized under standard industrial classification codes 01 through 39, or the associated 1997 North American industry classification system codes 11, 21, 23, 31, 32, and 33.

(N) "Interconnection applicant" shall have the same meaning as "applicant" in paragraph (A) of rule 4901:1-22-01 of the Administrative Code.

(O) "Interconnection application" shall have the same meaning as "application" in paragraph (B) of rule 4901:1-22-01 of the Administrative Code.

(P) "Ohio certificate number" means the authorized identification number of an approved certification to provide a CRES as granted to the provider by the commission in accordance with the provisions of section 4928.08 of the Revised Code.

(Q) "Power marketer" means a person, certified by the commission, who provides power marketing services.

(R) "Power marketing" means assuming the contractual and legal responsibility for the sale and provision of competitive retail electric generation service to a retail customer in this state and having title to electric power at some point during the transaction.

(S) "Reporting entity" means the electric utility or the certified competitive retail electric service provider filing market monitoring information on a regularly scheduled basis as required by the commission.

(T) "Residential customers" means customers who consume electricity at private residences, whether owned or rented, including single family homes, multifamily housing units that are individually metered, and mobile homes only for personal use. Institutional housing, such as school dormitories, hospitals, and military barracks are included in the commercial sector.

(U) "Special contract customer" means a customer taking bundled service under a contract approved by the commission.

(V) "Street lighting and other customer" means a customer purchasing electric generation service for purposes of street and highway lighting.

(W) "Standard service offer" means a standard service offer filed with the commission by an electric utility under section 4928.141 of the Revised Code, of all CRES necessary to maintain essential electric service to consumers, including a firm supply of electric generation service priced.

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

4901:1-25-02 Market monitoring - reporting requirements.

(A) Each electric utility, and each electric services company, electric cooperative, and governmental aggregator subject to certification under section 4928.08 of the Revised Code shall submit market monitoring data to the commission or its staff, on forms to be issued by the commission, as follows:

(1) Each electric utility, certified electric services company (power marketer, power broker, nongovernmental aggregator, and independent power producer), certified electric cooperative and certified governmental aggregator shall file a quarterly report which contains information that includes, but is not limited to, the following:

(a) Entity name.

(b) Business address.

(c) Name and title of the person responsible for submitting the market monitoring data required by this rule.

(d) Authorized signature.

(e) The address, telephone number, fax number, and e-mail address of the person responsible for customer enrollment.

(f) Those reporting entities that file quarterly transaction reports with the federal energy regulatory commission (FERC) should submit a copy of, or an internet link to, its current FERC quarterly transaction report to the commission in the same form that it filed the report with the FERC.

(g) Appended to a reporting entity's first quarterly report for each calendar year, a copy of, or an internet link to, the reporting entity's most recent securities and exchange commission form 10-K or the 10-K of the controlling owner of the reporting entity.

(2) Each electric utility shall file on a quarterly basis monthly data related to electric generation services. The information contained in this report shall include, but not be limited to, the following:

(a) For those customers for whom the entity provides generation service: The number of customers, the amount of sales in megawatt hours, and the amount of billed revenues. The reporting entity shall report this data by rate schedule and by class (residential, commercial, industrial, or street lighting/other) and by subclass, if applicable separately for standard service offer customers and for special contract customers.

(b) Monthly system peak data identifying the number of megawatts, the peak day of the month, the peak day of the week, and the peak hour of the month.

(c) Information about generation resources owned by retail customers and connected to its distribution system, regardless of the voltage at which they are interconnected; all generation resources connected at a distribution voltage, which were interconnected as a result of an interconnection application; and all resources owned by the utility and interconnected at a distribution voltage, which but for such ownership would have been subject of an interconnection application by an interconnection application. This information shall be reported annually, as an attachment to the electric utility's fourth quarter market monitoring report. The report shall include the data as of the end of the calendar year. The report shall include the following information:

(i) A list of generating units.

(ii) A statement of whether each generating unit is owned by an end use customer, by the electric utility, by an affiliate of the electric utility, or by a nonaffiliated entity that is not an end use customer.

(iii) A statement of whether or not the generator is dispatched by the control area operator or by the owner.

(iv) The nameplate capacity of the generator, in megawatts or kilowatts.

(v) The fuel type used by each generating unit.

(vi) The type of generating unit (e.g., fuel cell, turbine, diesel, photovoltaic, etc.).

(d) Notice to staff of any and all interconnection applications by interconnection applicants seeking to become interconnection service customers, where such applications have not yet resulted in interconnection (that is, applications that are under consideration). The required notice shall be in the form of a narrative report attached to the quarterly market monitoring report that is required by this rule. The narrative report shall include the following information:

(i) Name and contact information of the electric utility employee who is directly responsible for processing the interconnection application and/or interacting with the interconnection applicant.

(ii) Description of each interconnection request in terms of the amount and type of generation for which interconnection is being sought, and the location of the proposed interconnection.

(iii) Copies of any and all written notices required by paragraphs (B)(4) and (B)(5) of rule 4901:1-22-04 of the Administrative Code.

(iv) Description of the status of each interconnection application in terms of process steps that have been completed, process steps that remain to be completed, and any progress or lack thereof in addressing issues.

The status of each completed interconnection application shall be updated in subsequent quarterly narrative reports by describing any modifications to the interconnection application, any meetings that may have occurred, and any correspondence or communications that have occurred between the electric utility and the interconnection applicant.

The electric utility shall provide to each interconnection applicant a copy of the section of the quarterly report required by paragraph (A)(2)(d) of this rule, which contains information describing that interconnection applicant's interconnection application.

(3) Each certified electric services company, certified electric cooperative, and certified governmental aggregator shall submit to staff on a quarterly basis monthly data related to competitive electric generation services. The reporting entity shall submit this information separately for each electric utility's service territory in which it does business. The information contained in this report shall include, but not be limited to, the following:

(a) Identity of the reporting entity including their competitive retail electric service (CRES) certificate number.

(b) For those customers for whom the entity provides generation service: The number of customers, the amount of sales in megawatt hours. The reporting entity shall report this data by rate schedule class (residential, commercial, industrial, or street lighting/other) and by subclass, if applicable.

(c) For those customers for whom the entity provides generation service, total billed revenues. The reporting entity shall report this data by rate schedule class (residential, commercial, industrial, or street lighting/other) and by subclass, if applicable.

(4) Each certified aggregator and certified governmental aggregator shall submit to staff on a quarterly basis monthly data related to aggregation activity. The reporting entity shall submit this information separately for each electric utility's service territory in which it does business. The information contained in this report shall include, but not be limited to, the following:

(a) The identity of the aggregator including its CRES certificate number.

(b) The electric utility's service territory for which the report is being made.

(c) The name of each aggregated group.

(d) The number of customers by class in each aggregated group.

(e) The total number of customers in each aggregated group.

(f) The total number of all customers by class.

(g) The total number of customers.

(5) The information contained in the reports provided to the commission and/or staff pursuant to paragraph (A) of this rule shall be treated in the following manner:

(a) Any information filed pursuant to paragraphs (A)(1) and (A)(2)(a) to (A)(2)(c) of this rule shall be deemed to be public information.

(b) Any information filed pursuant to paragraphs (A)(2)(d), (A)(3), and (A)(4) of this rule shall be deemed to be confidential information, unless and until the interconnection applicant or customer owner may make, or agree to make, such information public.

(B) Pursuant to Chapter 4935. and division (E) of section 4928.02 of the Revised Code, any entity that owns or has an affiliate that owns electric transmission or distribution facilities shall provide or cause to be provided to the commission and to staff cost-effective and efficient access to information regarding the operation of the transmission or distribution systems of electric utilities to assist in determining the existence and extent of a transmission constrained area, and to information that may assist the commission or staff in determining the impact of transmission constraints on the price of a competitive retail electric service. Each entity that owns or that has an affiliate that owns electric transmission or distribution facilities shall provide or cause to be provided to the commission and staff a report of any denials of service for either transmission or distribution service due to constraints in the transmission or distribution system, the amounts of energy curtailed or denied, the duration of these curtailments or denials, and the reasons why the service was denied. These reports shall be provided to the commission and to staff semiannually with the second and fourth quarterly reports filed pursuant to paragraph (A)(1) of this rule.

(C) Nothing in this rule shall limit the ability of the commission, or staff, to collect additional data from any electric distribution utility or any electric utility, electric services company, electric cooperative, or governmental aggregator subject to certification under section 4928.08 of the Revised Code in carrying out the commission's responsibilities under Chapter 4928. of the Revised Code.

(D) 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: 06/29/2009
R.C. 119.032 review dates: 11/26/2008 and 09/30/2012
Promulgated Under: 111.15
Statutory Authority: 4928.06
Rule Amplifies: 4928.06
Prior Effective Dates: 9/18/00, 3/1/03