Chapter 4901:1-43 Recovery of Infrastructure Development Costs

4901:1-43-01 Definitions.

(A) "Annual report" means a report filed annually by any natural gas company with a commission-approved infrastructure development rider pursuant to this chapter.

(B) "Application" means an application for a natural gas infrastructure development rider pursuant to this chapter.

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

(D) "Economic development entity" shall have the meaning set forth in division (C) of section 4929.163 of the Revised Code.

(E) "Infrastructure development" shall have the meaning set forth in division (A) of section 4929.16 of the Revised Code.

(F) "Infrastructure development costs" shall have the meaning set forth in division (B) of section 4929.16 of the Revised Code.

(G) "Natural gas company" means a company that meets the definition of a natural gas company set forth in section 4905.03 of the Revised Code and that also meets the definition of a public utility under section 4905.02 of the Revised Code.

(H) "Notice" means a notice filing for a natural gas infrastructure development project pursuant to this chapter.

(I) "Staff" means the staff of the commission or its authorized representative.


Effective: 1/7/2019
Five Year Review (FYR) Dates: 9/19/2021
Promulgated Under: 111.15
Statutory Authority: 4929.163, 4929.10
Rule Amplifies: 4929.16 , 4929.161, 4929.162, 4929.163, 4929.165, 4929.166, 4929.167
Prior Effective Dates: 09/29/2016

4901:1-43-02 Purpose and scope.

(A) This chapter authorizes a natural gas company to file an application with the commission for approval of an infrastructure development rider to recover prudently incurred infrastructure development costs of one or more economic development projects approved under section 4929.163 of the Revised Code.

(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.


Effective: 1/7/2019
Five Year Review (FYR) Dates: 9/19/2021
Promulgated Under: 111.15
Statutory Authority: 4929.163, 4929.10
Rule Amplifies: 4929.16 , 4929.161, 4929.162, 4929.163, 4929.165, 4929.166, 4929.167
Prior Effective Dates: 09/29/2016

4901:1-43-03 Project information and approval process.

(A) Pursuant to division (A) of section 4929.163 of the Revised Code, a natural gas company may file, prior to beginning construction, for approval of an economic development project through an economic development project notice with the commission's docketing division. This notice shall contain the following information:

(1) The name and location of the project.

(2) A background of the subject company of the economic development project.

(3) The level of total investment and capital expenditure by the subject company and the economic development impact. This description shall contain the following information:

(a) Estimated state and local taxable base increase.

(b) Anticipated number of new jobs created and jobs retained by the project.

(c) Description of the community served and the benefits to that community.

(4) To the maximum extent practicable, a description of other potential locations that may compete with the proposed location, including the type, location, and time frame of potentially competing projects.

(5) The level of infrastructure investment anticipated by the natural gas company.

This description shall contain the following information:

(a) A description of how the infrastructure development costs are projected to generate a return less than the most recently authorized rate of return.

(b) A description of how the utility will not exceed the one dollar and fifty cents recovery cap on a monthly basis from any single customer in this state.

(6) The support for the project by an economic development entity or chamber of commerce.

(B) Following its review of the information set forth in paragraph (A) of this rule, and any other information consistent with section 4929.163 of the Revised Code, the commission may approve a project if the infrastructure development costs for the project are projected to generate a return on the company's investment that is less than the most recently authorized rate of return.

(C) A notice filed pursuant to division (A) of section 4929.163 of the Revised Code shall be deemed automatically approved on the thirtieth day after the date of the notice filing unless the notice filing is suspended by the commission for good cause shown. If the notice filing is suspended, the commission shall approve, deny, modify, or hold a hearing on the notice filing not later than forty-five days after the date that the suspension begins.


Effective: 1/7/2019
Five Year Review (FYR) Dates: 9/19/2021
Promulgated Under: 111.15
Statutory Authority: 4929.163, 4929.10
Rule Amplifies: 4929.16 , 4929.161, 4929.162, 4929.163, 4929.165, 4929.166, 4929.167
Prior Effective Dates: 09/29/2016

4901:1-1-01 Consumer information.

Upon a consumer's request, a public utility shall provide a copy of the consumer's contract or of the company's applicable tariffed rules and regulations in the format requested by the consumer, i.e., via e-mail, internet website, fax, or first class mail. Unless the consumer agrees to another date, the public utility shall provide the information within five business days. Paper copies of any items requested shall be provided at cost. This rule does not apply to any industry for which the commission has prescribed a more specific rule regarding the requirement to make available a company's tariff .


Effective: 06/15/2014
R.C. 119.032 review dates: 03/26/2014 and 04/10/2019
Promulgated Under: 111.15
Statutory Authority: 4905.30
Rule Amplifies: 4905.30
Prior Effective Dates: 3/1/03