4901:1-27-07 Regulatory assessments.

(A) In accordance with sections 4905.10 and 4911.18 of the Revised Code, each retail natural gas supplier and governmental aggregator is subject to an annual assessment based upon its intrastate gross receipts or gross earnings (collectively "gross revenue") associated with the provision of each competitive retail natural gas service for which it is certified to provide. Any retail natural gas supplier and governmental aggregator that reports zero gross revenue shall not be assessed.

(B) Each retail natural gas supplier that supplies competitive retail natural gas service shall, in the manner and on the date specified by the commission or its staff, file an annual report of the gross revenue derived from its intrastate sales of natural gas. For the purpose of the report, sales of hundred cubic feet of natural gas are deemed to occur at the meter of a retail customer.

(C) Each retail natural gas supplier and governmental aggregator that supplies competitive retail natural gas service(s) in addition to, or other than, natural gas shall, in the manner and on the date specified by the commission or its staff, file an annual report of the intrastate gross revenue derived from its provision of such service(s). For the purpose of the report, sales of hundred cubic feet of natural gas are deemed to occur at the meter of a retail customer.

(D) Each retail natural gas supplier and governmental aggregator shall maintain detailed records to support the information provided pursuant to paragraphs (B) and (C) of this rule. Such records and information are subject to audit by the commission.

(E) In instances where a retail natural gas supplier or governmental aggregator underreports its gross revenue, the commission may, in computing an assessment made pursuant to this rule, include any gross revenues that were underreported in a prior year. The commission shall also, in addition to any other penalty under the Revised Code, assess the retail natural gas supplier or governmental aggregator interest on the amount underreported at the rate stated in section 1343.01 of the Revised Code.

(F) No retail natural gas supplier or governmental aggregator shall be assessed under this section until after the commission has removed from the base rates of the natural gas company, the amount of assessment under this section that is attributable to the value of commodity sales service for those customers that do not purchase that service from the natural gas company.

(G) For purposes of meeting the requirements of this section, an annual report shall be filed in accordance with rule 4901:1-30-01 of the Administrative Code.

Effective: 04/13/2007
R.C. 119.032 review dates: 01/24/2007 and 11/30/2011
Promulgated Under: 111.15
Statutory Authority: 4905.10 , 4911.18
Rule Amplifies: 4905.10 , 4911.18 , 4929.23
Prior Effective Dates: 7/4/02