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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 4901:1-37-09 | Sale or transfer of generating assets.

 

(A) An electric utility may apply for commission approval to sell or transfer any generating assets it wholly or partly owns by filing an application to sell or transfer.

(B) An application to sell or transfer generating assets should include, at a minimum:

(1) Clearly set forth the object and purpose of the sale or transfer, and the terms and conditions of the same.

(2) Demonstrate how the sale or transfer will affect the current and future standard service offer established pursuant to section 4928.141 of the Revised Code.

(3) Demonstrate how the proposed sale or transfer will affect the public interest.

(4) State the fair market value and book value of all property to be transferred from the electric utility, and state how the fair market value was determined.

(C) Upon the filing of such application, the commission may fix a time and place for a hearing if the application appears to be unjust, unreasonable, or not in the public interest. The commission will fix a time and place for a hearing with respect to any application that proposes to alter the jurisdiction of the commission over a generation asset.

(D) If, after such hearing or in the case that no hearing is required, the commission is satisfied that the sale or transfer is just, reasonable, and in the public interest, it will issue an order approving the application to sell or transfer.

(E) Staff may access all books, accounts, and/or other pertinent records maintained by the transferor and transferee as related to the application to sell or transfer generating assets and in accordance with rule 4901:1-37-07 of the Administrative Code.

Last updated June 20, 2023 at 9:18 AM

Supplemental Information

Authorized By: R.C. 4928.17; 4928.06
Amplifies: R.C. 4928.17
Five Year Review Date: 7/15/2026
Prior Effective Dates: 3/10/2000, 10/23/2004, 4/2/2009