This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 4901:1-10-01 | Definitions.
As used in this chapter: (A) "Advanced meter" means any
electric meter that meets the pertinent engineering standards using digital
technology and is capable of providing two-way communications with the electric
utility to provide usage and/or other technical data. (B) "Advanced meter opt-out
service" means a service provided by an electric utility under the terms
and conditions of a commission-approved tariff, which allows a customer to take
electric distribution service using a traditional meter. (C) "Applicant" means a person who requests or makes
application for service. (D) "Commission" means the public utilities commission
of Ohio. (E) "Competitive retail electric service provider" or
"CRES" means a provider of competitive retail electric service,
subject to certification under section 4928.08 of the Revised
Code. (F) "Consolidated billing" means that a customer
receives a single bill for electric services provided during a billing period
for services from both an electric utility and a competitive retail electric
service provider. (G) "Consumer" means any person who receives service
from an electric utility or a competitive retail electric service
provider. (H) "Critical customer" means any customer or consumer
on a medical or life-support system who has provided appropriate documentation
to the electric utility that an interruption of service would be immediately
life-threatening. (I) "Customer" means any person who has an agreement,
by contract and/or tariff with an electric utility or by contract with a
competitive retail electric service provider, to receive service. (J) "Customer energy usage
data" means data collected from a customer's meter, which is
identifiable to a retail customer. (K) "Customer premises" means the residence(s),
building(s), or office(s) of a customer. (L) "Director of the service monitoring and enforcement
department" means the director of the service monitoring and enforcement
department of the commission or the director's designee. (M) "Electric distribution utility" or "EDU"
has the meaning set forth in division (A)(6) of section 4928.01 of the Revised
Code. (N) "Electric light company" has the meaning set forth
in division (A)(4) of section 4905.03 of the Revised Code. (O) "Electric services company" has the meaning set
forth in division (A)(9) of section 4928.01 of the Revised Code. (P) "Electric utility" as used in this chapter has the
meaning set forth in division (A)(11) of section 4928.01 of the Revised
Code. (Q) "Electric utility call center" means an office or
department or any third party contractor of an electric utility designated to
receive customer calls. (R) "Fraudulent act" means an intentional
misrepresentation or concealment by the customer or consumer of a material fact
that the electric utility relies on to its detriment. Fraudulent act does not
include tampering. (S) "Governmental aggregation program" means the
aggregation program established by the governmental aggregator with a fixed
aggregation term, of one to three years. (T) "Major event" encompasses any calendar day when an
electric utility's system average interruption duration index (SAIDI)
exceeds the major event day threshold using the methodology outlined in section
3.5 of standard 1366-2012 adopted by the institute of electrical and
electronics engineers (IEEE) in "IEEE Guide for Electric Power
Distribution Reliability Indices." The threshold will be calculated by
determining the SAIDI associated with adding 2.5 standard deviations to the
average of the natural logarithms of the electric utility's daily SAIDI
performance during the most recent five-year period. For purposes of this
definition, the SAIDI will be determined in accordance with paragraph
(C)(3)(e)(iii) of rule 4901:1-10-11 of the Administrative Code. (U) "Mercantile customer" has the meaning set forth in
division (A)(19) of section 4928.01 of the Revised Code. (V) "Momentary interruption"
means an interruption of electric service with a duration of five minutes or
less. (W) "Non-jurisdictional
services" means services which do not meet the definition of
"retail electric service" set forth in division (A)(27) of section
4928.01 of the Revised Code. (X) "Outage coordinator" means the commission's
service monitoring and enforcement department director or the director's
designee. (Y) "Person" has the meaning set forth in division
(A)(24) of section 4928.01 of the Revised Code. (Z) "Postmark" means a mark, including a date, stamped
or imprinted on a piece of mail which services to record the date of its
mailing, which in no event will be earlier than the date on which the item is
actually deposited in the mail. For electronic mail, postmark means the date
the electronic mail was transmitted. (AA) "Renewable energy credit" means the fully
aggregated attributes associated with one megawatt hour of electricity
generated by a renewable energy resource as defined in division (A)(35) of
section 4928.01 of the Revised Code. (BB) "Slamming" means the transfer of or requesting the
transfer of a customer's competitive electric service to another provider
without obtaining the customer's consent. (CC) "Staff" means the commission staff or its
authorized representative. (DD) "Sustained outage" means the interruption of
service to a customer for more than five minutes. (EE) "Tampering" means to interfere with, damage, or
by-pass a utility meter, conduit, or attachment with the intent to impede the
correct registration of a meter or the proper functions of a conduit or
attachment so far as to reduce the amount of utility service that is registered
on or reported by the meter. Tampering includes the unauthorized reconnection
of a utility meter, conduit, or attachment that has been disconnected by the
utility. (FF) "Time differentiated rates" means rates that vary
from one time period to another, such as hourly, daily, or
seasonally. (GG) "Traditional meter" means any meter with an analog
or digital display that does not have the capability to communicate with the
utility using two-way communications. (HH) "Transmission outage" means an outage involving
facilities that would be included in rate setting by the federal energy
regulation commission. (II) "Universal service fund" means a fund established
pursuant to section 4928.51 of the Revised Code, for the purpose of providing
funding for low-income customer assistance programs, including the percentage
of income payment plan program, customer education, and associated
administrative costs. (JJ) "Voltage excursions" are those voltage conditions
that occur outside of the voltage limits as defined in the electric
utility's tariffs and are beyond the control of the electric
utility.
Last updated April 8, 2024 at 8:29 AM
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Rule 4901:1-10-02 | Purpose and scope.
(A) The rules in this
chapter: (1) Apply to
investor-owned electric utilities, as defined in this chapter, and transmission
owners. (2) Are intended to
promote safe and reliable service to consumers and the public, and to provide
minimum standards for uniform and reasonable practices. (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. (C) Except as set forth below, the rules of this chapter
supersede any inconsistent provisions, terms, and conditions of the electric
utility's tariffs. An electric utility may adopt or maintain tariffs
providing superior standards of service, reliability or safety, or greater
protection for customers or consumers. Further, an electric utility may adopt
or maintain tariffs which are not inconsistent with the rules of this
chapter. (D) When an electric utility and/or transmission owner in a
complaint proceeding under section 4905.26 of the Revised Code demonstrates
compliance with the relevant service or performance standard of this chapter,
excluding rule 4901:1-10-27 of the Administrative Code, a rebuttable
presumption is created that the electric utility is providing adequate service
regarding that standard. Such presumption applies solely to the specific
standard addressed by the commission for the time period at issue in the
complaint proceeding. No such presumption is created merely by compliance with
any reporting requirement of this chapter. In addition, to the extent the
service and performance standards in this chapter are based on system-wide
data, no such rebuttable presumption is applicable to complaints regarding the
adequacy of service provided either to individual customers or consumers or to
any segment of the system of an electric utility and/or transmission
owner. (E) No tariff of an electric utility shall incorporate
exculpatory clauses that purport to limit or eliminate liability on the part of
the electric utility to its customers or others as a result of its own
negligence when providing a regulated service.
Last updated April 8, 2024 at 8:29 AM
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Rule 4901:1-10-03 | Records.
(A) Retention of records (1) Unless otherwise specified in this
chapter or in paragraph (A)(2) of this rule, the regulations governing the
retention and preservation of electric utility records are set forth in the
appendix to rule 4901:1-9-06 of the Administrative Code. (2) Unless otherwise specified in this
chapter, each electric utility shall maintain, for three years, records that
are sufficient to demonstrate compliance with the rules of this chapter.
Failure to retain records, as required by this rule, sufficient to demonstrate
compliance with the rules of this chapter shall give rise to a rebuttable
presumption to the contrary. (3) If compliance with
any rule in this chapter is determined on the basis of activities (such as
inspection, testing, or maintenance) occurring over a period of two years or
more, then the three-year record retention requirement shall be increased by
the total number of years over which such activities are required to occur and
shall apply to the compilation of records comprised of the activities required
during the stated period. (B) Access to records (1) Each electric utility
shall provide access to its records maintained in accordance with paragraph (A)
of this rule to the staff upon request of the staff. (2) Access to records and
business activities includes such records and activities as would allow the
staff to adequately monitor Ohio-specific customer calls made to the electric
utility call center or a third party vendor hired by the electric
utility. (3) Access includes the
ability of staff to adequately monitor the electric utility call center
interactions with Ohio customers either at a location in Ohio or in a manner
agreed to by the staff, including providing access to staff to monitor customer
calls without the customer service representative's knowledge of the
monitoring.
Last updated April 8, 2024 at 8:30 AM
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Rule 4901:1-10-04 | Equipment for voltage measurements and system voltage and frequency requirements.
Effective:
November 1, 2021
(A) Portable indicating instruments
(e.g., electro-mechanical indicating, electronic indicating, and electronic
indicating and recording) used to test or record service voltage at the
customer's premises in response to a customer inquiry or complaint shall
be checked for accuracy against a recognized standard. For transmission
facilities within the commission's jurisdiction, the voltage measuring
equipment accuracy and testing requirements shall comply with the requirements
of the transmission system operator. Accuracy checks shall be conducted as
recommended by the manufacturer or once per calendar year if no period is
specified. The most recent accuracy test record shall be kept with each such
instrument, or at a central location for the electric utility and/or
transmission owner. (B) Electric utilities and transmission
owners shall comply with the following requirements regarding standard
voltage: (1) Each electric utility
and transmission owner supplying electrical energy for general use shall adopt
nominal service voltages to be supplied to its customers and shall make every
reasonable effort, by the use of proper equipment and operation, to maintain
the service voltages to its customers within the limits as defined within this
rule. (2) Each electric utility
shall file with the commission, as part of its tariffs, the nominal service
voltage available to customers, including the number of phases and service
configurations and the voltage variations for each available service
configuration. The nominal service voltage shall be based on the 2016 edition
of the "American National Standards Institute" standard C84.1,
electric power systems and equipment voltage ratings, or as subsequently
amended. (3) The limits specified
within this rule do not apply to voltage excursions. (4) Each electric utility
and transmission owner shall develop procedures to reasonably ensure that the
delivered service voltages are within the ranges as specified in paragraph
(B)(2) of this rule. The procedures shall include a description of
the electric utility's and transmission owner's practices to assure
that service voltages are within acceptable limits and may include the
inspections of substation voltage regulation equipment, line voltage regulation
equipment (i.e., voltage regulators and capacitors), available substation
voltage monitoring equipment and other field investigations and system voltage
studies. (C) Whenever an electric utility and/or
transmission owner knows that voltage levels exist outside of the voltage
ranges as specified in paragraph (B)(2) of this rule, the electric utility
shall, in a nondiscriminatory manner, promptly take steps to investigate and
initiate corrective action, if it is within the electric utility's and/or
transmission owner's control to restore the voltage levels to within
acceptable limits. The electric utility and/or transmission owner shall
document the specifics of the investigation, its findings, and any corrective
action that was necessary. (D) The voltage requirements outlined in
this rule may be amended or modified by contractual agreement between the
electric utility and/or transmission owner and its customer(s), provided the
service rendered does not impact other customers on the system. (E) The electric utility is not
responsible for installing regulating apparatus for special equipment requiring
voltage regulation other than those prescribed by these rules or as defined in
the electric utility's tariffs. Each electric utility supplying alternating
current shall adopt a standard frequency of sixty hertz, which standard
frequency shall be stated in the electric utility's tariff.
Last updated November 1, 2021 at 1:36 AM
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Rule 4901:1-10-05 | Metering.
(A) Electric energy delivered to the customer shall be metered,
except where it is impractical to meter the electric usage, such as in street
lighting and temporary or special installations. The usage in such exceptions
may be calculated or billed on a demand or connected load rate as provided in
an approved tariff on file with the commission. (B) A customer's electric usage
shall be metered by commercially acceptable measuring devices that comply with
"American National Standards Institute" (ANSI) standards. Meter
accuracy shall comply with the 2014 version of ANSI C12.1
standards. (C) Electric utility employees or
authorized agents of the electric utility shall have the right of access to the
electric utility's metering equipment for the purpose of reading,
replacing, repairing, or testing the meter, or determining that the
installation of the metering equipment is in compliance with the electric
utility's requirements, or other such purposes necessary to permit the
electric utility to carry out its authorized functions. (D) Meters that are not direct reading
meters, such as meters with a multiplier not equal to 1.0, shall have the
multiplier plainly marked on or adjacent to the meter. All charts taken from
recording meters shall be marked with the date of the record, the meter number,
the customer name, and the chart multiplier. The register ratio shall be marked
on all meter registers. The watt-hour constant for the meter shall be placed on
all watt-hour meters. (E) The electric utility's meters
shall be installed and removed by the electric utility's personnel or
authorized agent. Before initial service to a service location is energized,
the electric utility shall verify that the installation of the meter base and
associated equipment has been both inspected and approved by the local
inspection authority or, in any area where there is no local inspection
authority, has been inspected by a licensed electrician. (F) Metering accuracy shall be the
responsibility of the electric utility. (1) Upon request by a
customer, the electric utility shall test its meter to verify its compliance
with the ANSI C12.1 standards within thirty business days after the date of the
request. (2) The customer or the
customer's representative may be present when the meter test is performed
at the customer's request. (3) A written explanation
of the test results shall be provided to the customer within ten business days
of the completed test. (4) If the accuracy of
the meter is found to be within the tolerances specified in this
rule: (a) The first test at the customer's request shall be free
of charge. (b) The electric utility may charge the customer an approved
tariffed fee for each succeeding test conducted less than thirty-six months
after the last test requested by the customer on the same meter. Each electric
utility shall notify the customer of such charge prior to the
test. (5) If the accuracy of
the meter is found to be outside the tolerances specified in this rule and such
inaccuracy is not caused by tampering or unauthorized reconnection, the
electric utility: (a) Shall not charge a fee or recover any testing expenses from
the customer. (b) Shall recalibrate the meter or provide a properly functioning
meter that complies with the ANSI C12.1 standards without charge to the
customer. (c) Shall, within thirty days, pay or credit any overpayment to
the customer, in accordance with one of the following billing
adjustments: (i) When the electric
utility or customer has established the period of meter inaccuracy, the
overcharge shall be computed on the basis of metered usage prior and/or
subsequent to such period, consistent with the rates in effect during that
period. (ii) When the electric
utility and customer cannot establish the period of meter inaccuracy, the
overcharge period shall be determined to be: the period since the
customer's "on" date or the period since the date of most recent
meter test performed, whichever is shorter. The applicable rates shall be those
in effect during the period of inaccuracy in order to determine the appropriate
credit or refund. (d) Any undercharge shall be billed in accordance with rule
4901:1-10-23 of the Administrative Code. (G) Each electric utility shall identify,
by company name and/or parent trademark name and serial or assigned meter
numbers and/or letters, placed in a conspicuous position on the meter, each
customer meter that it owns, operates, or maintains. (H) Each electric utility shall maintain
the following records regarding each meter that it owns, operates, or
maintains, for the life of each such meter plus three years: (1) Serial or assigned
meter number. (2) Every location where
the meter has been installed and removed, together with the dates of such
installations and removals. (3) Date of any customer
request for a test of the meter. (4) Date and reason for
any test of the meter. (5) Result of any test of
the meter. (6) Meter readings before
and after each test of the meter. (7) Accuracy of the meter
found during each test, "as found" and "as
left". (I) Each electric utility shall comply
with the following requirements regarding meter reading: (1) The electric utility
shall obtain actual readings of all its in-service customer meters at least
quarterly each calendar year, unless a customer, consumer, property owner,
landlord, or his/her agent prevents utility company personnel from reading the
meter during that time period. Every billing period, the electric utility shall
make reasonable attempts to obtain accurate, actual readings of the energy and
demand, if applicable, delivered for the billing period, except where the
customer and the electric utility have agreed to other arrangements. Meter
readings taken by electronic means shall be considered actual
readings. (2) In addition to the
requirements of paragraph (I)(1) of this rule, the electric utility shall
provide, upon the customer's request, two actual meter readings, without
charge, per calendar year. The customer may only request an actual meter read
if usage has been estimated for more than two of the immediately preceding
billing cycles consecutively or if the customer has reasonable grounds to
believe that the meter is malfunctioning. (3) An actual meter
reading is required at the initiation and/or the termination of service, if the
meter has not been read within the sixty calendar days immediately preceding
initiation and/or termination of service and access to the meter is
provided. (4) If the meter has most
recently been read within the thirty-three to fifty-nine calendar days
immediately preceding the initiation and/or termination of service, the
electric utility shall inform the customer, when the customer contacts the
electric utility, of the option to have an actual meter read at no charge to
the customer. (5) If the meter has been
read within the thirty-two calendar days immediately preceding the initiation
and/or termination of service, the electric utility may estimate
usage. (J) Advanced meter opt-out
service (1) An electric utility
shall provide customers with the option to remove an installed advanced meter
and replace it with a traditional meter, or in the event that an advanced meter
has not been installed, the option to decline installation of an advanced meter
and retain a traditional meter, including a cost-based, tariffed opt-out
service. (2) Prior to installation
of an advanced meter, the utility shall give notice to the customer at least
one business day in advance. (3) The electric utility
shall notify the customer of the following if a customer expresses interest in
using a traditional meter: (a) The customer will be required to pay the amount of the
approved tariff charge. (b) The electric utility shall explain the facts concerning
advanced meters and attempt to address any customer concerns prior to signing
up a customer for advanced meter opt-out service. To the extent that the
electric utility offers multiple options for the customer to obtain or retain
either an advanced meter or a traditional meter, the utility shall explain each
option and the associated costs and give the customer choice over the option
selection. (c) If the customer is currently enrolled in a product or service
requiring an advanced meter as a condition of enrollment with the electric
utility, the electric utility shall notify the customer that a different
product or service must be chosen prior to installation of the traditional
meter. (4) The electric utility
shall have the right to refuse to provide advanced meter opt-out service in
either of the following circumstances: (a) If such a service creates a safety hazard to consumers or
their premises, the public, or the electric utility's personnel or
facilities. (b) If a customer does not allow the electric utility's
employees or agents access to the meter at the customer's
premises. (5) Tariffs (a) Each electric utility shall have on file with the commission
an approved tariff offering residential customers the option to remove an
installed advanced meter and replace it with a traditional meter, and the
option to decline the installation of an advanced meter and retain a
traditional meter. Such tariff shall comply with the following
requirements: (i) In the event special
tariff provisions are required due to circumstances not addressed in this rule,
the electric utility shall address those circumstances in its tariff
application, but shall make its best efforts to maintain consistency with the
rules herein. (ii) The tariff shall not
be available to any customer taking generation service under a time
differentiated rate. An electric utility may establish certain fees for
electing not to use an advanced meter. Such fees shall be calculated based upon
the costs incurred to provide advanced meter opt-out service as allowed by this
rule. (b) An electric utility may establish a one-time fee to recover
the costs of removing an existing advanced meter, and the subsequent
installation of a traditional meter. (c) An electric utility may establish a recurring fee to recover
costs associated with providing meter reading and billing services associated
with the use of a traditional meter. (d) Costs incurred by an electric utility to provide advanced
meter opt-out service shall be borne only by customers who elect to receive
advanced meter opt-out service.
Last updated April 8, 2024 at 8:30 AM
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Rule 4901:1-10-06 | "National Electrical Safety Code".
Effective:
November 1, 2021
Each electric utility and transmission owner shall
comply with the 2017 edition of the "American National Standard
Institute's," "National Electrical Safety Code" approved by
the "American National Standards Institute" and adopted by the
"Institute of Electric and Electronics Engineers."
Last updated November 1, 2021 at 1:36 AM
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Rule 4901:1-10-07 | Outage and accident reports.
Effective:
November 1, 2021
(A) As used in this rule,
"outage" means an interruption of service to: (1) One thousand, two
hundred fifty customers in an area for a projected or actual period of two
hours or more. (2) Six hundred
twenty-five customers in an area for a projected or actual period of eight
hours or more. (3) One hundred or more
customers in an area for a projected or actual period of twenty-four hours or
more. (4) A facility of any
telephone company, electric light company, natural gas company, water-works
company, or a sewage disposal system company, as defined in section 4905.03 of
the Revised Code and including a company that is operated not-for-profit, or
owned or operated by a municipal corporation, when an interruption to that
facility for a projected period of four hours or more, affects or will affect
public safety. (5) Any police
department, fire department, hospital, or countywide 9-1-1 system, for a
projected period of four hours or more. As used in this paragraph, "area"
means the electric utility's certified territory within a county or all
adjoining municipalities and townships in an electric utility's certified
territory. (B) Each electric utility shall
immediately report each outage to the commission's outage coordinator in a
format prescribed by the outage coordinator. (C) Each electric utility shall
immediately notify the director of the service monitoring and enforcement
department, or his or her designee, of any accidents within thirty minutes
after discovery unless notification within that time is impracticable under the
circumstances. As used in this rule, an "accident" is any event
involving contact with energized utility electric lines or facilities which
results in a death or an injury requiring hospitalization.
Last updated November 1, 2021 at 1:36 AM
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Rule 4901:1-10-08 | Electric utility emergency plans and coordination for restoration of electric service.
(A) Each electric utility shall maintain
an emergency plan(s) in accordance with this rule. Each emergency plan shall
include at least the following elements: (1) A table of
contents. (2) A description of
procedures the electric utility uses to move from its normal operations to each
stage or level of outage response and restoration of services. (3) A description of the
electric utility's requirements for restoring service. In the event of an
interruption of electric service during a period of emergency or disaster, an
electric utility's service restoration plan shall give priority to
hospitals that are customers of the electric utility. (4) Identification and
annual updates of all of the electric utility's critical facilities, as
defined by the electric utility, and reasonable measures to protect its
personnel and facilities. (5) Contingency
identification, i.e., a plan for training alternative or backup
employees. (6) A list of twenty-four
hour phone numbers of fire and police departments and county/regional emergency
management directors in its service area. (7) Procedures for
requesting aid and utilizing crews from other electric transmission owners
and/or distribution utilities. (8) Procedures for prompt
identification of outage areas, timely assessment of damage, and provision of
time necessary for restoral of service. (9) The procedures for outage response
and restoration of service by priority and a list of such priorities, including
the following: (a) "Live wire down" situations. (b) Restoring service to the facilities designated in paragraph
(A)(3) of rule 4901:1-10-07 of the Administrative Code, and the entities
specified in paragraph (A)(4) of rule 4901:1-10-07 of the Administrative
Code. (c) Providing information to critical customers who are without
service. (10) The procedures for providing outage
response and restoration of service updates. (11) The procedures to verify that service
has been restored in each outage area. (12) The procedures for providing maximum
outage response, seeking outside assistance, and restoring service in a worst
case outage scenario, i.e., "a major event." (13) The procedures to provide supervisors
who are responsible for emergency response a copy of the latest edition of the
emergency plan. (14) The procedures to: (a) Establish and maintain a liaison with appropriate fire and
police departments within the electric utility's service
territory. (b) Identify major interruptions of service during which the
electric utility will notify appropriate fire departments, police departments,
and public officials regarding such interruptions. (c) Determine appropriate mutual assistance and communication
methodologies that will be used during major restoration efforts. (15) In addition to any North American
electric reliability corporation guidelines or standards, a continuity of
operations plan to ensure continuance of minimum essential functions during
events that cause staffing to be reduced. The continuity of operations plan
shall, at a minimum, include: (a) Plan activation triggers such as the world health
organization's pandemic phase alert levels, widespread transmission within
the United States, or a case at one or more locations within the state of
Ohio. (b) Identification of a pandemic coordinator and team with
defined roles and responsibilities for preparedness and response
planning. (c) Identification of minimal essential functions, minimal
staffing required to maintain such essential functions, and personnel resource
pools required to ensure continuance of those functions in progressive stages
associated with a declining workforce. (d) Identification of essential employees and critical inputs
(e.g., raw materials, equipment, suppliers, subcontractor services/products,
and logistics) required to maintain business operations. (e) Procedures to address personal protection
initiatives. (f) Procedures to maintain lines of communication with the
commission during a declared emergency. (16) Procedures for conducting an
after-action assessment following activation of the emergency plan. An
after-action assessment shall be prepared and shall include lessons learned,
deficiencies in the response to the emergency, deficiencies in the emergency
plan, and actions to be taken to correct said deficiencies. (B) Each electric utility shall make its
emergency plan and amendments available for review by the commission's
outage coordinator. In the emergency plan made available to the
commission's outage coordinator, the electric utility may redact the
following confidential information: (1) The electric
utility's internal phone numbers. (2) The list of specific
critical facilities. (3) Names, home
addresses, and home phone numbers of electric utility employees, other than
employee information required for the annual emergency contact report pursuant
to paragraph (G)(1)(a) of this rule. (4) Security and personal
information and numbers (e.g., lock combination, computer access codes, cipher
locks, and security codes). (5) Identification of the
electric utility's radio and dispatch channels. (6) Identification of the
radio and dispatch channels and telephone numbers of the
following: (a) Fire department. (b) Police department. (c) Other emergency/safety organizations. (d) Government and public officials. (7) Similar information
approved by the commission's outage coordinator. (C) Each electric utility shall follow
and implement the procedures in its emergency plan. (D) Each electric utility shall review
employee activities to determine whether its procedures in the emergency plan,
as set forth in paragraph (B) of this rule, were effectively
followed. (E) Each electric utility shall establish
and maintain procedures to train its operating and emergency response personnel
to assure they can implement emergency procedures, as set forth in paragraph
(B) of this rule. (F) Each electric utility shall establish
procedures for analyzing failures of equipment and facilities which result in a
major interruption of service, for the purpose of determining the causes of the
failure and minimizing the possibility of a recurrence. If requested by a
hospital that is its customer, an electric utility shall confer at least
biennially with that hospital regarding power quality issues and concerns
related to the utility's facilities, including voltage sags, spikes, and
harmonic disturbances, in an effort to minimize those events or their impact on
the hospital. (G) At the direction of the
commission's outage coordinator, each electric utility shall
submit: (1) An emergency contact
report which shall contain all of the following information: (a) The names, position titles, areas of functional
responsibility, business addresses, e-mail addresses, business telephone
numbers, cellular telephone numbers, and home telephone numbers of at least
three individuals who will serve as emergency contacts. (b) Any available emergency hotline number. (2) A report confirming
that the electric utility has reviewed its emergency plan and, if applicable,
has revised and/or updated the plan., (3) Either of the
following: (a) If the electric utility has not implemented its emergency
plan within the past year, a written statement attesting to that
fact. (b) If the electric utility has implemented part or all of its
emergency plan within the past year, a written summary of both of the
following: (i) Any failures of
equipment or facilities that were not the result of a major event and that
resulted in a major interruption of service and the electric utility
implementing its emergency plan. (ii) The electric
utility's efforts to minimize the possibility of a recurrence of such
failures. (H) Each electric utility shall promptly
notify the commission's outage coordinator of any change in its emergency
contacts. (I) Each electric utility
shall: (1) Maintain and annually
verify and update its list of critical customers. (2) Provide critical
customers, within ten business days after acceptance of their application, with
a written statement of their options and responsibilities during outages, i.e.,
the need for backup generators, an alternative power source, or evacuation to
another location. (3) Annually notify
customers of its critical customer program by bill insert or other
notice. (J) Every three years, each electric
utility shall conduct a comprehensive emergency exercise to test and evaluate
major components of its emergency plan and shall invite a cross-section of
necessary stakeholders to the exercise. (K) When an electric utility has
implemented its emergency plan as set forth in paragraph (A) of this rule in
response to a major event, natural disaster, or outage, that electric utility
may request that the commission waive the testing and evaluation of the
emergency plan for the three-year period during which such implementation
occurred. To request a waiver, the electric utility must submit a report to the
commission's outage coordinator detailing: (1) Its actions in
implementing its emergency plan. (2) What part of the
emergency exercise the implemented plan replaces. (3) Why the
implementation is an appropriate replacement for an emergency exercise of all
or a portion of the plan. (4) The electric
utility's interactions with the persons listed in paragraph (J) of this
rule. (5) Whether the
implemented plan indicates that the electric utility's response to the
emergency was sufficient. If the commission fails to act upon an electric
utility's waiver request within sixty calendar days after such request is
submitted to the outage coordinator, the waiver request will be deemed to have
been granted. (L) Each electric utility shall
coordinate the implementation of its emergency plan, to the extent that such
electric utility would rely on or require information or assistance during an
emergency, with the following: (1) Any regional or state
entities with authority, ownership, or control over electric transmission
lines. (2) Any generation
provider connected to the electric utility's system. (3) Any other electric
utility or transmission owner with facilities connected to the electric
utility. (M) Each electric utility shall
coordinate the implementation of its emergency plan with local, state, and
regional emergency management organizations.
Last updated April 8, 2024 at 8:30 AM
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Rule 4901:1-10-09 | Minimum customer service levels.
(A) On a calendar monthly basis, each
electric utility shall complete the installation of new service or upgrade of
service as follows: (1) Ninety-nine per cent
of new service installations requiring no construction of electric facilities
shall: (a) Be completed within three business days, except for meters
that are capable of starting and stopping service remotely, after the electric
utility has been notified that the service location is ready for service and
all necessary tariff and regulatory requirements have been met. (b) Be completed by the requested installation date, when an
applicant requests an installation date more than three business days after the
service location is ready for service and all necessary tariff requirements
have been met. (c) Be completed within one business day after the electric
utility has been notified that the service location is ready for service and
all necessary tariff and regulatory requirements have been met for meters that
are capable of starting and stopping service remotely. (2) Ninety per cent of
service upgrades and new service installations that require construction of
electric facilities (including the setting of the meter) and that are not
primary line extensions shall: (a) Be completed within ten business days after the electric
utility has been notified that the service location is ready for service and
all necessary tariff and regulatory requirements have been met. (b) Be completed by the requested installation date, when an
applicant or customer requests an installation date more than ten business days
after the service location is ready for service and all necessary tariff
requirements have been met. (3) If an applicant or
customer, complies with all pertinent tariff requirements and the electric
utility cannot complete the requested service installation or service upgrade
as set forth in paragraph (A)(1)(a), (A)(1)(b), (A)(2)(a), or (A)(2)(b) of this
rule, then the electric utility shall promptly notify the applicant or customer
of the delay, the reasons for the delay, the steps being taken to complete the
work, and the probable completion date. The electric utility shall make a
reasonable attempt to provide such notification at least one business day prior
to the end of the prescribed time interval. If a rescheduled completion date
cannot be met, the applicant or customer shall be promptly notified. If the
rescheduled completion date is delayed more than two business days, written
notification, including email, shall be given, stating the reason(s) for the
delay, the steps being taken to complete the work and the new rescheduled
completion date. This notification process shall be repeated as necessary. Each
subsequent missed completion date shall count as a missed service installation
or upgrade pursuant to paragraph (A)(1) or (A)(2) of this rule. (B) On a calendar monthly basis, each
electric utility's average (arithmetic mean) answer time for telephonic
customer service calls shall not exceed ninety seconds. An electric utility
shall set its queue to minimize the number of disconnected calls and busy
signals. (1) As used in this
paragraph, "answer" means the service representative or automated
system is ready to render assistance and/or to accept the information necessary
to process the call. (2) Answer time shall be
measured from the first ring at the electric utility or at the point the caller
begins to wait in queue, whichever comes first. (3) When an electric
utility utilizes a menu-driven, automated, interactive answering system
(referred to as the system), the initial recorded message presented by the
system to the caller shall only identify the company and the general options
available to the caller, including the option of being transferred to a live
attendant. (4) Callers shall not be
delayed from reaching the queue by any promotional or merchandising material
not selected by the customer. (5) When an electric
utility is experiencing system related issues or is otherwise unable to accept
inbound customer calls, the electric utility shall notify the director of the
service monitoring and enforcement department, or his or her designee, of such
messaging, and the anticipated timeframe for returning to normal business
operations. (C) Electric utilities shall comply with
the following reporting requirements: (1) When an electric
utility fails to meet any minimum service level, as set forth in paragraph (A)
or (B) of this rule, for any two months within any twelve-month period, the
electric utility shall notify the director of the service monitoring and
enforcement department in writing within thirty calendar days after such
failure. (2) By March thirty-first
of each year, each electric utility shall submit an annual report to the
director of the service monitoring and enforcement department, setting forth
its actual monthly customer service performance data during the previous
calendar year as compared with each of the minimum monthly customer service
performance levels set forth in paragraphs (A) and (B) of this
rule. (3) Performance data
during major events, consistent with that reported in accordance with paragraph
(C)(2) of rule 4901:1-10-10 of the Administrative Code, may be excluded from
the calculations of actual monthly customer service performance pursuant to
paragraphs (A) and (B) of this rule.
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Rule 4901:1-10-10 | Distribution system reliability.
(A) General. This rule prescribes the
measurement of each electric utility's service reliability, the
development of minimum performance standards for such reliability, and the
reporting of performance against the established standards. (B) Service reliability indices and
minimum performance standards. (1) The service
reliability indices are as follows: "CAIDI," or the customer average
interruption duration index, represents the average interruption duration or
average time to restore service per interrupted customer. CAIDI is expressed by
the following formula: CAIDI equals sum of customer interruption
durations divided by total number of customer interruptions "SAIFI," or the system average
interruption frequency index, represents the average number of interruptions
per customer. SAIFI is expressed by the following formula: SAIFI equals total number of customer
interruptions divided by total number of customers served (2) Each electric utility
in this state shall file with the commission an application to establish
company-specific minimum reliability performance standards. (3) Applications for
approval of a reliability performance standard shall include: (a) A proposed methodology for establishing reliability
standards. (b) A proposed company-specific reliability performance standard
for each service reliability index based on the proposed
methodology. (c) Supporting justification for the proposed methodology and
each resulting performance standard. (4) Supporting
justification for the proposed methodology and each resulting performance
standard. (a) Performance standards should reflect historical system
performance, system design, technological advancements, service area geography,
customer perception survey results as defined in paragraph (B)(4)(b) of this
rule, and other relevant factors. (b) Each electric utility shall periodically (no less than every
three years) conduct a customer perception survey. The survey results shall
also be used as an input to the methodology for calculating new performance
standards. The survey shall be paid for by the electric utility and shall be
conducted under staff oversight. The objective of the survey is to measure
customer perceptions, including, but not limited to expectations of electric
service reliability in terms of the service reliability indices defined in
paragraph (B)(1) of this rule. (c) Performance data during major events and transmission outages
shall be excluded from the calculation of the indices, proposed standards, and
any revised performance standards, as set forth in paragraph (B) of this
rule. (5) Unless otherwise ordered by the
commission, legal director, deputy legal director, or attorney examiner, the
following procedural schedule shall apply: (a) Upon the filing of an application, the commission, legal
director, deputy legal director, or an attorney examiner will schedule a
technical conference. The purpose of the technical conference is to allow
interested persons an opportunity to better understand the electric
utility's application. The electric utility will have the necessary
personnel in attendance at this conference so as to explain, among other
things, the filing, the work papers and the manner in which methodologies and
resulting performance standards were devised. The conference will be held at
the commission offices. (b) Within twenty calendar days after the technical conference,
any person may file comments. (c) Within thirty calendar days after the technical conference,
the commission's staff may file comments. (d) Within fifty calendar days after the technical conference,
any person may file a response to the comments. (e) If the commission schedules a hearing, interested
persons wishing to participate in the hearing may file a motion to intervene no
later than thirty calendar days after the issuance of the entry scheduling the
hearing, unless ordered otherwise by the commission, legal director, deputy
legal director, or attorney examiner. This rule does not prohibit the filing of
a motion to intervene and conducting discovery prior to the issuance of an
entry scheduling a hearing. (6) An electric utility may request to
revise its authorized performance standards by filing its revisions and
supporting justification for such revisions with the commission for approval
pursuant to paragraph (B)(6) of this rule, unless otherwise ordered by the
commission, legal director, deputy legal director, or attorney
examiner. (7) The authorized performance standards
approved for an electric utility shall remain in place until superseded by
revised standards as approved by the commission. (C) Annual report. Each electric utility
shall file with the commission an annual report by March thirty-first of each
year. That annual report shall include the following information regarding the
previous calendar year: (1) Annual performance
and supporting data for each service reliability index set forth in paragraph
(B) of this rule both with and without exclusions for major events and
transmission outages. Supporting data includes, for example, the number of
customers served, the number of customer interruptions, the number of customer
minutes interrupted, SAIFI data for a major event, CAIDI data for a major
event, information concerning a transmission interruption, and a listing of
distribution circuits interrupted during a transmission
interruption. (2) Performance on the
same indices during major events and transmission outages, reported in separate
categories with their respective supporting data. (3) Data for the total
number of sustained outages, customers interrupted, and customer minutes
interrupted for each outage cause code, all of which shall be reported in the
following versions: (a) Data excluding major events and transmission
outages. (b) Data for major events only. (c) Data for transmission outages only. (4) Each electric utility shall file the
annual report required by paragraph (C) of this rule in an electronic form
prescribed by the commission or its staff. (D) If the annual performance of an
electric utility does not meet the electric utility's performance standard
for any index, the electric utility shall file with the commission an action
plan, by March thirty-first of the year following the year when the standard
was missed. The action plan shall include the following: (1) Factors which
contributed to the actual performance level for that index. (2) A proposal for
improving performance to a level that meets or exceeds the performance
standards authorized for each missed reliability index, including each action
taken or planned to be taken, and the anticipated completion date. (E) Failure to meet the same performance
standard for two consecutive years shall constitute a violation of this
rule.
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Rule 4901:1-10-11 | Distribution circuit performance.
(A) General. This rule sets forth a
method for determining the performance of each electric utility's
distribution circuits. (B) Circuit performance methodology. The
following provisions apply to the determination of the appropriate method for
calculating circuit performance. (1) Circuit performance
data during major events and transmission outages shall be excluded from the
calculation of circuit performance. (2) Each electric utility
shall submit, for review and acceptance by the director of the service
monitoring and enforcement department, a method to calculate circuit
performance, based on the service reliability indices defined in paragraph
(B)(1) of rule 4901:1-10-10 of the Administrative Code and other factors
proposed by the electric utility, and supporting justification for that method.
An electric utility may revise the method it uses for calculating circuit
performance (starting with the next succeeding reporting period) by submitting
such revisions and supporting justification for such revisions to the director
of the service monitoring and enforcement department for review and
acceptance. (3) If the electric
utility and the director of the service monitoring and enforcement department
cannot agree on the method to calculate circuit performance, then the director
of the service monitoring and enforcement department shall issue a letter
rejecting the proposal within forty-five calendar days of its submittal. The
electric utility or the director may request a hearing to establish the
appropriate calculation methodology. At such hearing, the electric utility has
the burden of proof to show that the calculation methodology is just and
reasonable. (4) No proposal shall be
effective until it is either accepted by the director or, in the event of a
hearing, approved by the commission. (C) Worst performing circuits. The
following provisions apply to the reporting of each electric utility's
eight per cent worst performing circuits: (1) Each electric utility
shall submit, no later than ninety calendar days after the end of its reporting
period, a report to the director of the service monitoring and enforcement
department that identifies the worst performing eight per cent of the electric
utility's distribution circuits during the previous twelve-month reporting
period. (2) Unless otherwise
approved by the commission, each electric utility's reporting period for
purposes of paragraph (C) of this rule shall begin on September first of each
year and shall end on August thirty-first of the subsequent year. (3) The report prescribed
by paragraph (C) of this rule shall provide the following information for each
reported distribution circuit: (a) The circuit identification number. (b) The location of the primary area served by the
circuit. (c) The approximate number of customers on the circuit by
customer class. (d) The circuit ranking value. (e) The values and supporting data for each circuit's
service reliability indices for the reporting period: (i) System average
interruption frequency index (SAIFI) determined according to paragraph (B)(1)
of rule 4901:1-10-10 of the Administrative Code. (ii) Customer average
interruption duration index (CAIDI) determined according to paragraph (B)(1) of
rule 4901:1-10-10 of the Administrative Code. (iii) System average
interruption duration index calculated by multiplying the SAIFI times the
CAIDI. (f) The number of safety and reliability complaints, based on the
definition of complaint pursuant to paragraph (A) of rule 4901:1-10-21 of the
Administrative Code. (g) The number of critical customers on the circuit. (h) An identification of each circuit lockout that occurred
during the reporting period, together with an explanation of the cause and
duration of each such circuit lockout. (i) The total number of
outages experienced during the reporting period for each such
outage. (ii) The total number of out-of-service minutes experienced during
the reporting period for each such outage. (i) An identification of any major factors or events that
specifically caused the circuit to be reported among the worst performing
circuits and, if applicable, the analysis performed to determine those major
factors. (j) An action plan, including the start and completion dates of
all remedial action taken or planned, to improve circuit performance to a level
that removes the circuit from the report submitted pursuant to paragraph (C) of
this rule within the next two reporting periods. If the electric utility does
not believe remedial action is necessary, then the electric utility must state
the rationale for not taking any remedial action. (D) If the director of the service
monitoring and enforcement department believes that an action plan submitted
pursuant to paragraph (C)(3)(l) of this rule is insufficient or unreasonable,
the director shall provide written notice to the electric utility within
forty-five calendar days of the submittal, otherwise the report is deemed
approved. Should no agreement be reached between the electric utility and the
director of the service monitoring and enforcement department on a modified
action plan, within thirty calendar days following the rejection of the action
plan, the electric utility shall apply to the commission for a hearing. At such
hearing, the burden of proof to show that the modified action plan is just and
reasonable shall be upon the electric utility. (E) Each electric utility shall submit the reports required by
this rule, on electronic media, in a format prescribed by the commission or its
staff. (F) Electric utilities shall take
sufficient remedial action to make sure that no circuit is listed on three
consecutive reports. The inclusion of a given circuit in the report under
paragraph (C) of this rule for three consecutive reporting periods shall create
a rebuttable presumption of a violation of this rule.
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Rule 4901:1-10-12 | Provision of customer rights and obligations.
Each electric utility shall provide to new
customers, upon application for service, and existing customers upon request, a
written summary of their rights and obligations under this chapter. This
written summary shall also be prominently posted on the electric utility's
website. For purposes of this rule "new customer" means a customer
who opens a new account and has not received the latest version of the customer
rights summary. The summary shall include, but not be limited to, the
following: (A) The electric utility and commission
procedures for complaints, which shall include: (1) How complaints are
made to the electric utility, including a local or toll free number, an address
and a website, if applicable. (2) A statement
that: "If your complaint is not resolved after
you have called (your electric utility), or for general utility information,
residential and business customers may contact the public utilities commission
of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to
five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired
customers may contact the PUCO via 7-1-1 (Ohio relay service)." "The Ohio consumers' counsel (OCC)
represents residential utility customers in matters before the PUCO. The OCC
can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m.
weekdays, or at http://www.pickocc.org." (B) Customer rights and responsibilities,
which shall include: (1) A list of customer
rights and obligations relating to installation of service, payment of bills,
disconnection and reconnection of service, and meter testing. (2) Information
detailing the customer's responsibility to notify the electric utility of
material changes in the customer's equipment or usage within the time
reasonably necessary to permit the electric utility to provide necessary
facilities and acquire additional power supply, if needed. (3) A description of the
following customer rights: (a) The circumstances under which the electric utility may demand
and/or hold security deposits. (b) The circumstances under which customers may obtain deferred
payment plans and low-income assistance plans, and information concerning those
plans. (4) The toll-free
telephone number(s) for the "one-call" or
"call-before-you-dig" protection service(s) to locate underground
utility facilities. (5) An explanation of what each
applicant must do to receive service from that electric utility. (6) Information explaining when a
customer will be charged for the cost of modifying service, installing a meter,
and/or providing facilities necessary to serve that customer. (C) A statement notifying customers
that, when electric utility employee(s) or agent(s) seek access to the
customer's and/or landlord's premises, the customer or landlord may
request the employee/agent to show photo identification and to state the reason
for the visit. (D) A statement concerning the
availability of rate information, which shall include: (1) A statement that the
electric utility's rates and tariffs are available for review on the
electric utility's website, and on the commission's website, or the
customer can request a copy be sent to them. (2) A statement that,
upon inquiry, the electric utility will inform customers about alternative
rates and service options and how to obtain details about the programs.
(E) A statement that customers may
review a copy of the electric service and safety standards on the
commission's website or obtain a copy from the commission upon
request. (F) Information on privacy
rights. (G) A statement that customers have the
right to obtain, from their electric utility, a list of available CRES
providers, that are actively seeking residential customers in its service
territory and their phone numbers. (H) A statement that customers returning
to the electric utility's standard offer service due to default,
abandonment, slamming, or certification rescission of a CRES provider will not
be liable for any costs associated with the switch. (I) Information concerning notice of a
change in the customer's supplier of electric service. (1) A statement that, if
a change in a residential or small commercial customer's electric services
company is initiated, the electric utility is required to send the customer a
notice confirming the change. (2) A statement that the
customer has a right to cancel any change in its supplier of electric service
within seven calendar days after the notice has been sent by calling the
electric utility at the telephone number on the notice. (J) Information explaining the procedures customers must follow
if they believe their generation and/or transmission service has been switched
without their consent. (K) Information concerning actual meter readings. (1) A statement that the
electric utility is required to obtain an actual meter reading when the
customer initiates or terminates electric service with the electric utility, if
the meter has not been read within the preceding sixty days. (2) A statement that, if
the meter has not been read within the preceding thirty-three to fifty-nine
days, the electric utility is required to inform the customer, when the
customer contacts the electric utility to initiate or terminate service, of the
option to have an actual meter read, at no charge. (3) A statement that the customer may
request two actual meter reads per calendar year, at no charge, if the
customer's usage has been estimated for more than two of the consecutively
preceding billing cycles or if the customer has reasonable grounds to believe
that the meter is malfunctioning. (L) A statement that customers have the
right to obtain the approximate generation resource mix and environmental
characteristics in accordance with rule 4901:1-10-31 of the Administrative
Code. The statement shall include a notification that customers shall be
provided a link to the EDU's website or the commission's
environmental disclosure information for consumers' website containing the
information, or at the request of the customer, a hardcopy of the data at no
cost to the customer.
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Rule 4901:1-10-13 | Employee identification.
Any electric utility employee or agent seeking access to the customer's or landlord's premises shall identify himself/herself by displaying company photo identification and, upon request, state the reason for the visit.
Last updated February 28, 2023 at 9:26 AM
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Rule 4901:1-10-14 | Establishment of credit for nonresidential applicants and customers.
(A) Each electric utility shall establish
written procedures to determine creditworthiness of nonresidential applicants
and customers for service based solely on the customer's or
applicant's creditworthiness. (B) Upon request, each electric utility
shall provide applicants/customers with the following information: (1) Their credit history
with that company. (2) A copy of this rule,
the commission's website and the toll-free and TTY numbers of the
commission's call center. (C) An applicant shall be deemed
creditworthy if one of the following criteria is satisfied: (1) The electric utility
verifies that the applicant is a creditworthy property owner or verifies the
applicant's creditworthiness in accordance with legally accepted practices
to verify credit. (a) The company may request the applicant's social security
or tax identification number in order to obtain credit information and to
establish identity, however if the applicant elects not to provide his/her
social security number or tax identification number, the utility company may
not refuse to provide service. (b) If the applicant declines the utility company's request
for a social security or tax identification number, the utility company shall
inform the applicant of other options for establishing
creditworthiness. (2) The applicant had a
prior account with an electric utility for the same class of service within two
years before the date of application, and the applicant provides proof of the
prior account, unless during the final year of prior service one of the
following occurred: (a) The company disconnected applicant for
nonpayment. (b) The applicant failed to pay its bill by the due date at
least two times. (c) The company disconnected the applicant for a fraudulent
practice, tampering, or unauthorized reconnection. (3) The applicant
furnishes a reasonably safe guarantor, who is a customer of that electric
utility, to secure payment of bills in an amount sufficient for a sixty-day
supply for the service requested. (4) The applicant makes a
cash deposit as set forth in this rule. (D) Unless otherwise provided in
paragraph (G) of this rule, when an electric utility fails to demand security
within thirty calendar days after initiation of service, it may not require
security for that service. (E) Deposit to establish tariffed
service; review of deposit upon customer request. (1) An electric utility
may require an applicant who fails to establish creditworthiness to make a
deposit, not to exceed one hundred thirty per cent of the estimated annual
average monthly bill for the customer's tariffed service for the ensuing
twelve months. (2) Upon the
customer's request, the amount of the deposit paid is subject to
adjustment, when the deposit paid differs by twenty per cent or more from the
deposit which would have been required, based upon actual usage for three
consecutive billing periods while taking into account seasonal variations in
usage. (F) Each electric utility which requires
a cash deposit shall communicate to the applicant/customer: (1) The reason(s) for its
decision. (2) Options available to
establish credit (including a guarantor to secure payment). (3) The
applicant/customer's right to contest the electric utility's decision
and to demonstrate creditworthiness. (4) The
applicant/customer may appeal the electric utility's decision to the
staff. (5) The commission's
website and the toll-free and TTY telephone numbers of the commission's
call center. Upon request of the applicant/customer, the
information in this rule shall be provided in writing. (G) Deposit to reestablish
creditworthiness for tariffed service. (1) An electric utility
may require a customer to make a deposit, not to exceed one hundred thirty per
cent of the estimated annual average monthly bill for the customer's
tariffed service for the ensuing twelve months, on an existing account, as set
forth in this rule, to reestablish creditworthiness for tariffed service based
on the customer's credit history on that account with that electric
utility. (2) A deposit may be
required if the customer meets one of the following criteria: (a) After considering the totality of the customer's
circumstances, a utility company may require a deposit if the customer has not
made full payment or payment arrangements for any given bill containing a
previous balance for regulated service provided by that utility
company. (b) The customer has had service disconnected for nonpayment, a
fraudulent practice, tampering, or unauthorized reconnection during the
preceding twelve months. (H) Upon acceptance of a deposit, each
electric utility shall furnish a receipt to the applicant or customer which
shows: (1) The name of the
applicant. (2) The address of the
premises currently served or to be served. (3) The billing address
for service. (4) The amount of the
deposit. (5) A statement as to the
interest rate to be paid and the length of time the deposit must be held to
qualify for interest. (6) The conditions for
refunding the deposit. (I) Each electric utility
shall: (1) Review each
nonresidential account after the first two years of service, and then annually
thereafter, for which a deposit is being held, and shall promptly refund the
deposit or credit the nonresidential customer's account, plus interest
accrued, if during the preceding twenty-four months, or during the preceding
twelve months for annual reviews, all of the following are true: (a) The customer's service was not disconnected for
nonpayment, a fraudulent practice, tampering, or unauthorized
reconnection. (b) The customer had not more than three past due
bills. (c) The customer is not delinquent at the time of
review. (2) Upon customer
request, but not more than annually, review each nonresidential account after
the first two years of service for which a deposit is being held, and shall
promptly refund the deposit or credit the customer's account, plus
interest accrued, if, with regard to the preceding twelve months, all of the
following are true: (a) The customer's service was not disconnected for
nonpayment, a fraudulent practice, tampering, or unauthorized
reconnection. (b) The customer had not more than two past due
bills. (c) The customer is not delinquent at the time of
review. (J) Each electric utility shall pay
interest on a deposit of not less than three per cent per annum, provided the
company has held the deposit for at least six consecutive months. (K) When service is terminated or
disconnected, each electric utility shall promptly: (1) Apply the deposit and
interest accrued to the final bill for service. (2) Refund any amount in
excess of the final bill to the customer, unless the amount of the refund is
less than one dollar. A transfer of service from one premise to another
premise within the electric utility's certified territory or service area
shall not be deemed a disconnection under this paragraph. (L) Deposits for customers leaving
bundled or standard offer services. When a customer who has previously paid a deposit
to the electric utility switches to a competitive retail electric service
provider and is no longer served under an electric utility's bundled
service or standard offer service, the electric utility shall apply the
electric utility's generation service portion of the deposit and the
accrued interest to the amounts due and payable on the next bill and refund any
amount remaining to the customer, unless the amount of the refund is less than
one dollar. (M) Each electric utility shall retain records of customer
deposits for at least one year after the deposit, including interest, is
returned and/or applied to the customer's bill.
Last updated April 8, 2024 at 8:31 AM
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Rule 4901:1-10-15 | Reasons for denial or disconnection of nonresidential service.
Effective:
November 1, 2021
Each electric utility may refuse or disconnect
service to nonresidential customers for only the following reasons: (A) When the customer violates or fails
to comply with an applicable electric utility contract or
tariff(s). (B) When electric utility service to a
customer violates any law of this state or any political subdivision thereof,
or any federal law or regulation. (C) When a consumer tampers with electric
utility property or engages in a fraudulent practice to obtain service, as set
forth in rule 4901:1-10-20 of the Administrative Code. (D) For using electricity or equipment
which adversely affects electric utility service to other customers, e.g.,
voltage fluctuations, power surges, and interruptions of service. (E) When a safety hazard to consumers or
their premises, the public, or to the electric utility's personnel or
facilities exists. (F) When the customer, landlord of the
tenant/customer, or tenant leasing the landlord/customer's premises
refuses access to electric utility facilities or equipment on the
customer's property or property leased by the customer. (G) For nonpayment of electric utility
bills and any tariffed charges, including security deposits and amounts not in
bona fide dispute. Where the customer has registered a complaint with the
commission's call center or filed a formal complaint with the commission
which reasonably asserts a bona fide dispute, the electric utility shall not
disconnect service if the customer pays either the undisputed portion of the
bill or the amount paid for the same billing period in the previous
year. (H) When the customer has moved from the
service location and no new applicant is on record. (I) For repairs, provided that the
electric utility has notified customers prior to scheduled maintenance
interruptions in excess of six hours. (J) Upon the customer's
request. (K) When a former customer, whose account
with that electric utility is in arrears for service furnished at the premises,
consumes service at, or has requested service for, such premises. (L) When an emergency may threaten the
health or safety of a person, a surrounding area, or the operation of the
electric utility's electrical system. (M) For other good cause
shown.
Last updated November 1, 2021 at 1:36 AM
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Rule 4901:1-10-16 | Notice of disconnection of nonresidential service.
(A) Except as otherwise provided by contract approved by the commission pursuant to section 4905.31 of the Revised Code, each electric utility shall provide the nonresidential customer with written notice of pending disconnection, when either of the following conditions exists: (1) Violation of or noncompliance with the contract or electric utility's tariff(s) which applies to customer service, other than nonpayment of bills (which is addressed in rule 4901:1-10-17 of the Administrative Code). (2) The customer refuses access to electric utility facilities or equipment on the customer's property or property leased by the customer. The notice shall set forth the earliest date on which service may be disconnected, which date shall not be less than five calendar days after the postmark date on the notice. (B) Prior notice from the electric utility is not required when any one or more of the following conditions exists: (1) When an emergency may threaten the health or safety of a person, a surrounding area, or the operation of the electric utility's electrical system. (2) When a safety hazard to consumers or their premises, the public, or the electric utility's personnel or facilities exists. (3) When a consumer tampers with the electric utility's property.
Last updated February 28, 2023 at 9:26 AM
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Rule 4901:1-10-17 | Payment schedule and disconnection procedures for nonpayment by nonresidential customers.
(A) A nonresidential customer's bill
for tariffed services shall not be due earlier than twenty-one calendar days
from the date of the postmark on the bill. If the bill is not paid by the due
date, it then becomes past due. (B) The utility may disconnect service,
after at least five days notice, during normal business hours. However, no
disconnection for nonpayment shall be made after twelve-thirty p.m. on the day
preceding a day on which all services necessary for the customer to arrange and
the utility company to perform reconnection are not regularly
performed. (C) Except as otherwise provided by contract approved by the
commission pursuant to section 4905.31 of the Revised Code, each electric
utility shall provide the nonresidential customer with a written notice of
pending disconnection for non-payment of tariffed service with a postmark not
less than five calendar days before service is disconnected. (D) The disconnection notice shall clearly display each of the
following items: (1) The delinquent
billing account number, total amount past due, reconnection charge, and any
security deposit owed. (2) The earliest date
when disconnection may occur. (3) The address and phone
number of the electric utility's office for customers to contact about
their accounts. (4) A statement that the
staff is available to render assistance with unresolved complaints, and the
commission's current address, toll-free and TTY numbers of the
commission's call center, and the commission's website. (5) A statement that the
customer's failure to pay the amount required at the electric
utility's office or to one of its authorized agents by the date specified
in the notice may result in a security deposit and a charge for
reconnection. (6) If any non-tariffed
charges appear on the bill, a statement that the nonpayment of non-tariffed
charge(s) shall not result in the disconnection of distribution
service; (7) If any charges for
competitive retail electric services appear on the bill, a statement that the
failure to pay charges for competitive retail electric services may result in
loss of those products and services. (8) If any charges for
competitive retail electric services appear on the bill a statement that the
failure to pay charges for competitive retail electric service may result in
cancellation of the customer's contract with the competitive retail
electric service provider, and returning of the customer to the electric
utility's standard offer for generation services. The information required by this paragraph may be
included in documents accompanying the disconnection notice.
Last updated April 8, 2024 at 8:31 AM
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Rule 4901:1-10-18 | Reconnection of nonresidential service.
Effective:
November 1, 2021
(A) Unless a nonresidential customer
requests the reconnection to occur at a later time in which the utility company
regularly performs service reconnections, an electric utility shall reconnect
service by the close of the following regular business day after either of the
following: (1) The electric utility
receives both of the following: (a) The full amount in arrears, for which service was
disconnected, or the amount in default on an agreed-upon deferred payment
plan. (b) Any security deposit authorized under this chapter and any
tariffed reconnection charges. (2) The customer establishes that the
conditions which warranted disconnection of service have been
eliminated. (B) Before service is reconnected under
this rule, no electric utility may request or require a nonresidential customer
to pay any of the following to have service reconnected: (1) Any amount owed but
not yet past due. (2) When the customer has
multiple accounts in the same customer class, any amount owed on those other
billing accounts.
Last updated November 1, 2021 at 1:36 AM
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Rule 4901:1-10-19 | Delinquent residential bills.
Effective:
November 1, 2021
In addition to the requirements of Chapter
4901:1-18 of the Administrative Code, no electric utility may disconnect
service to a residential customer when: (A) That customer fails to pay any charge
for a non-tariffed service, including competitive retail electric service
(CRES). (B) Any authorized agent or CRES provider
providing billing and collection services for the electric utility fails to
submit payment for the customer's tariffed distribution and/or
transmission service(s) rendered by that electric utility. (C) The customer fails to pay any amount
in bona fide dispute. Where the customer has registered a complaint with the
commission's call center or filed a formal complaint with the commission
which reasonably asserts a bona fide dispute, the electric utility cannot
disconnect service when the customer pays either the undisputed portion of the
bill or the amount paid for the same billing period in the previous
year. (D) The electric utility issues a disconnection notice which
fails to separate regulated from non-tariffed charges, including CRES
charges. (E) The electric utility fails to include on the disconnection
notice a statement that: (1) Failure to pay
charges for non-tariffed products or services may result in loss of those
products or services. (2) Failure to pay
charges for CRES may result in cancellation of the customer's CRES
contract by the CRES provider, and return to the electric utility's
standard-offer generation service. This provision is applicable only on
accounts issued a consolidated bill for electric services.
Last updated November 1, 2021 at 1:36 AM
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Rule 4901:1-10-20 | Fraudulent act, tampering, and theft of service.
(A) Disconnection of service for tampering or unauthorized
reconnection. (1) An electric utility
may disconnect service for safety reasons without prior notice to a customer in
either of the following circumstances: (a) The electric service meter, metering equipment, or associated
property was damaged, interfered or tampered with, displaced, or
bypassed. (b) A person not authorized by the electric utility has
reconnected service. (2) Each electric utility
that has disconnected service under this paragraph shall tag or seal the
customer's meter and hand deliver a written notice to the customer or
consumer at the service location. If no adult customer or consumer is present,
each electric utility shall attach written notice to a conspicuous place on the
premises. When an electric utility reasonably believes that tagging or sealing
the meter, hand delivering a notice, or posting a notice may jeopardize
employee safety, it shall promptly send the written notice to the customer or
occupant. The notice shall clearly display each of the following
items: (a) An explanation that service was disconnected because one of
the following circumstances was found: (i) The meter, metering
equipment and/or electric utility property was tampered with. (ii) A person not
authorized by the electric utility reconnected the customer's
service. (b) The electric utility's telephone number of the electric
utility's office. (c) A statement that the customer may contest the disconnection
by contacting an electric utility representative at the telephone number
provided. (d) A statement that, if the customer does not contest the
disconnection, the electric utility is not required to restore service until
the customer has provided satisfactory assurances that such tampering or
unauthorized reconnection has ceased and has paid or made satisfactory
arrangements to pay the electric utility an amount that the electric utility
calculates for unmetered service, any defaulted amount, any damage to the
electric utility's equipment or meter, any security deposit (consistent
with rule 4901:1-10-14 of the Administrative Code), and any tariffed
reconnection and investigation charges. (e) A statement that the staff is available to render assistance,
and the commission's current address, toll-free and TTY numbers of the
commission's call center, and the commission's website. (3) If the customer meets
with the electric utility to contest the disconnection, the electric utility
shall timely mail or deliver its decision to the customer. If the electric
utility's decision is that service can be reconnected, the electric
utility may notify the customer by telephone to arrange for
reconnection. (B) Disconnection of service for fraudulent
act. An electric utility may disconnect service, after
following the steps set forth in this paragraph, when a customer uses any
fraudulent act, as defined by paragraph (R) of rule 4901:1-10-01 of the
Administrative Code, to obtain or maintain service (1) Before it may disconnect service for
a fraudulent act, each electric utility shall deliver or send written notice to
the customer or consumer at the service location. (2) The notice shall clearly display each
of the following items: (a) A description of the alleged fraudulent act. (b) The address and telephone number of the electric
utility's office. (c) A statement that the customer may contest the electric
utility's findings by requesting a meeting with an electric utility
representative. (d) A statement that the electric utility may disconnect service
if either of the following occurs: (i) The customer does not
contact the electric utility representative to contest the findings of the
fraudulent act, within five business days after the electric utility mails this
notice. (ii) The customer does
not provide a satisfactory explanation at that meeting. (e) A statement that, if service is disconnected, the electric
utility is not required to reconnect service until the customer pays or makes
satisfactory arrangements to pay the electric utility the bill for service that
was fraudulently obtained or maintained, any security deposit (consistent with
rule 4901:1-10-14 of the Administrative Code), and any tariffed reconnection
and investigation charges. (f) A statement that the staff is available to render assistance,
and the commission's current address, toll-free and TTY numbers of the
commission's call center, and the commission's website. (3) An electric utility may terminate
service for a fraudulent act no sooner than five business days after mailing
the written notice in the following circumstances: (a) If the customer does not contact the electric utility at the
telephone number provided, or (b) If after an adverse decision subsequent to the discussion
between the customer and the electric utility representative, in the event that
the customer initiated the discussion. (C) Each electric utility shall maintain records that
clearly set forth the basis for its decision to terminate service for a
fraudulent act, tampering, unauthorized reconnection, or theft of service, and
the steps taken under this rule.
Last updated April 8, 2024 at 8:32 AM
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Rule 4901:1-10-21 | Customer complaints and complaint-handling procedures.
(A) As used in this rule,
customer/consumer complaint means a customer/consumer contact when such contact
necessitates follow-up by or with the electric utility to resolve a point of
contention. (B) Each electric utility shall make good
faith efforts to settle unresolved disputes, which efforts may include meeting
with the customer/consumer at a reasonable time and place. (C) Except as ordered by the commission or directed by the staff
in disconnection or emergency cases, each electric utility shall investigate
complaints and provide a status report within three business days of the date
of receipt of the complaint. (D) If an investigation is not completed within ten business
days, the electric utility shall provide status reports, either orally or in
writing, to update the customer/consumer, or to update the customer/consumer
and staff, where appropriate, every three business days until the investigation
is complete, unless agreed to otherwise. (E) The electric utility shall inform the customer/consumer, or
the customer/consumer and staff, where appropriate, of the results of the
investigation, orally or in writing, no later than five business days after
completion of the investigation. The customer/consumer or staff may request the
final report to be in writing. (F) If the customer/consumer disputes the electric utility's
report(s), the electric utility shall inform the customer/consumer that the
commission staff is available to mediate complaints. The company shall provide
the customer/consumer with the contact information for the
commission. (G) If a customer contacts an electric
utility concerning competitive retail electric service (CRES) issues, the
electric utility shall take the following actions: (1) Review the issue with
the customer to determine whether it also involves the electric
utility. (2) Coordinate the
resolution of any joint issues with the CRES provider. (3) Refer the customer to
the appropriate CRES provider only in those instances where the issue lacks any
electric utility involvement. (H) Slamming complaints. (1) A slamming complaint
is a customer's allegation that the customer's supplier of electric
service has been switched without the customer's
authorization. (2) If a customer
contacts an electric utility with a slamming complaint after the end of the
seven-day rescission period for the customer's enrollment with the alleged
slamming CRES provider, the electric utility shall take the following
actions: (a) Provide the customer with the enrollment information
contained in its records. (b) Refer the customer to the commission and provide the
customer with the commission's current address, toll-free and TTY numbers
of the commission's call center, and the commission's
website. (c) Cooperate with the staff in any subsequent investigations of
the slamming complaint, including assisting the staff in determining the amount
of any restitution owed to the customer pursuant to paragraph (C)(5) of rule
4901:1-21-08 of the Administrative Code if the customer was switched without
authorization from the electric utility's standard offer
service. (3) If a customer
initiates a slamming complaint with the staff within thirty calendar days after
being issued a bill from the alleged slammer, the customer shall not be
required to pay the current charges assessed by the alleged slammer until the
staff determines that the change in the customer's electric service
provider was authorized. (4) If the staff
determines that a customer's service was switched without the
customer's authorization, and if the electric utility is not at fault, the
electric utility may then seek reimbursement from the CRES provider that
improperly initiated the switch for any incremental costs incurred by the
electric utility to correct the unauthorized switch including any switching
fees. The electric utility shall provide the CRES provider an itemized list of
any such incremental costs. (5) If correcting an
unauthorized switch involves returning the customer to its previous CRES
provider, the electric utility shall make the corrective switch at the next
regularly scheduled meter reading date following receipt of the enrollment
request from the previous CRES provider. Such corrective switch shall be made
in accordance with the electric utility's normal practices and procedures
for switching customers, except that the electric utility shall not charge, or
shall credit to the customer, any switching fees and the electric utility is
not required to issue the customer the notice required by paragraph (F)(1) of
rule 4901:1-10-29 of the Administrative Code. (6) If correcting an
unauthorized switch involves returning the customer to the electric
utility's standard offer service, the electric utility shall make the
corrective switch at the next regularly scheduled meter reading date in
accordance with the electric utility's normal practices and procedures for
switching customers, except that the electric utility shall not charge or shall
credit to the customer any switching fees and the electric utility is not
required to issue the customer the notice required by paragraph (F)(1) of rule
4901:1-10-29 of the Administrative Code. (7) If, as part of
correcting an unauthorized switch, a customer who was taking standard offer
service from the electric utility at the time of the unauthorized switch is
returned to standard offer service, the customer shall not be subject to any
minimum stay or other commission-approved alternative for returning customers,
unless the customer would have been subject to such a requirement had the
unauthorized switch not occurred. (8) If the electric
utility switches the customer served by a CRES provider to the electric
utility's standard offer service without authorization by the customer,
without authorization by the appropriate CRES provider or pursuant to a
commission order, the electric utility shall take the following
actions: (a) Credit or not charge the customer, any switching fees and
return the customer to the previous CRES provider, making the corrective switch
at the next regularly scheduled meter reading date following receipt of the
enrollment request from the previous CRES provider. (b) By the next billing cycle, take all three of the following
actions: (i) Credit or refund to
the customer any fees previously charged for switching the customer to the
electric utility. (ii) Either of the two
following actions: (a) If reported to staff within thirty calendar days after being
issued a bill from the alleged slammer, absolve the customer of any liability
for any charges assessed to the customer, excluding the distribution charges
and refund to the customer any charges collected from the
customer. (b) If reported to the staff more than thirty calendar days after
being issued a bill by the alleged slammer, credit the customer any fees the
electric utility charged in excess of the amount the customer would have paid
its previous CRES provider for the same usage. (iii) If the customer can not be returned to the original contract
terms with its previous CRES provider, the slamming electric utility shall
credit or refund to the customer, the value of the customer's contract
with the previous CRES provider for the remaining term of the contract
immediately prior to the slam. (c) Reimburse the CRES provider for any incremental costs
incurred by the CRES provider to correct the unauthorized switch within thirty
calendar days of receiving an itemized invoice of the incurred incremental
costs.
Last updated April 8, 2024 at 8:32 AM
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Rule 4901:1-10-22 | Electric utility customer billing and payments.
(A) This rule applies to electric utility
bills that do not include any competitive retail electric service (CRES)
provider charges. Requirements for consolidated billing appear in rule
4901:1-10-33 of the Administrative Code. (B) Customer bills issued by or for the electric utility shall be
accurate, shall be rendered at monthly intervals. Each bill shall state at
least the following information: (1) The customer's
name, billing address, service address, and account number. (2) The electric
utility's name and its payment address. (3) The electric
utility's twenty-four hour local and toll-free telephone numbers for
reporting service emergencies. (4) A statement that
customers with billing questions or complaints should call or write the
electric utility first. The bill shall list the electric utility's
toll-free telephone numbers and the address where a question or complaint may
be sent. (5) The following
text: "If your complaint is not resolved after
you have called your electric utility, or for general utility information,
residential and business customers may contact the public utilities commission
of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to
five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired
customers may contact the PUCO via 7-1-1 (Ohio relay service)." The Ohio consumers' counsel (OCC)
represents utility customers in matters before the PUCO. The OCC can be
contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m. weekdays,
or at http://www.pickocc.org." (6) The rate schedule, if
applicable. (7) Dates of the service
period covered by the bill. (8) The billing
determinants applicable: (a) Beginning meter reading(s) (b) Ending meter reading(s). (c) Demand meter reading(s). (d) Multiplier(s). (e) Consumption(s) for each pricing period. (f) Demand(s). (9) An identification of
estimated bills. (10) The due date for
payment. The due date for residential bills shall not be less than twenty-one
days from the date of postmark. (11) The current billing
that reflects the net-metered usage for customer generators, if
applicable. (12) Any late payment
charge or gross and net charges, if applicable. (13) Any unpaid amounts
due from previous bills, any customer credits, and the total amount due and
payable. (14) The current balance
of the account, if the residential customer is billed according to a budget
plan. (15) The current gas and
electric charges separately, if the customer is billed for gas and electric
service on the same bill. (16) If applicable, each
charge for non-jurisdictional services, and the name and toll-free telephone
number of each provider of each service. (17) Any nonrecurring
charge. (18) Any payment(s) or
credit(s) applied to the account during the current billing
period. (19) Any applicable
percentage of income payment program (PIPP) billing information: (a) Current PIPP payment. (b) PIPP payments defaulted (i.e., past due). (c) Total PIPP amount due. (d) Total account arrearage. (20) An explanation of
codes and abbreviations used. (21) At a minimum,
definitions for the following terms, or like terms used by the company, if
applicable: customer charge, delivery charge, estimated reading, generation
charge, kilowatt hour, and late payment charge. (22) If applicable, the name of the CRES
provider and a statement that such provider is responsible for billing the
supplier charges. (23) A numerical representation of the
customer's historical consumption during each of the preceding twelve
months, with a total and average consumption for such twelve-month
period. (24) The price-to-compare notice on
residential customer bills and a notice that such customers can obtain a
written explanation of the price-to-compare from their electric
utility. (25) Other information required by Ohio
law or commission rule or order. (C) Each electric utility shall publish
and maintain an online active bill calculator that shows each and every rate or
charge and permits customers to enter their billing determinates to determine
the accuracy of their bill. (D) Any new bill format proposed by an electric utility shall be
filed with the commission for approval. The electric utility should notify the
director of the service monitoring and enforcement department when a newly
proposed bill format is filed with the commission. If an application for sample
bill approval is not acted upon within forty-five calendar days, said sample
will be deemed approved on the forty-sixth day after the filing. (E) Each electric utility shall, upon request, provide customers
with an updated list of the name and street address/location of the nearest
payment center and/or local authorized agent, and alternative methods available
for payment of customer bills. If an electric utility accepts payments from
customers via authorized agents, the electric utility shall provide signage to
the authorized agent with its logo, or other appropriate indicators, that
affirm the payment location as an authorized agent of the electric utility.
Customers shall not be charged more than two dollars for processing their
payments by cash, check, or money order at authorized agent
locations. (F) When a customer pays a bill at the electric utility's
business office or to an authorized agent of the company, that payment,
including any partial payment, shall be immediately credited to the
customer's account where feasible, and in any event be credited to the
customer's account as of the date received at the business office or by
the agent. No electric utility shall disconnect service to a customer who pays,
to the electric utility or an authorized agent of the electric utility, the
total amount due on the account (or an amount agreed upon between the electric
utility and the customer to prevent disconnection), by the close of business on
the disconnection date listed on the disconnection notice. Payment received by
an authorized agent of the electric utility shall constitute receipt of payment
by the electric utility. (G) Each electric utility shall establish a policy for its own
personnel and for its authorized agents to handle billing disputes, requests
for payment arrangements, and payments to prevent disconnection of service. If
such matters cannot be handled by an agent authorized to accept payments, the
electric utility shall provide customers with its local and toll-free numbers
to use at a nearby telephone. (H) Each electric utility shall credit any customer's
partial payments in the following order: (1) Past due
distribution, standard offer generation, and transmission charges. (2) Current distribution,
standard offer generation, and transmission charges. (3) Other past due and current charges
for non-jurisdictional services. Budget billing payments and payments in full of
the undisputed amount related to a bona fide dispute do not constitute partial
payments. Payments made on accounts for which there is a bona fide dispute
shall be credited to the undisputed portion of the account. (I) Any electric utility wishing to issue billing statements
online shall comply with the following requirements: (1) A customer shall not
be required to use online billing. (2) No enrollment or
usage fees shall be assessed to a customer who chooses to receive bills and/or
customer information online. (3) The electric utility shall maintain a
secure and encrypted site that is to be accessed only by the customer of record
after completing a secure registration process. (4) Any fees to accept online payments
shall be clearly disclosed in payment window(s). (5) Any payment made online shall be
credited to the customer's account as of the date received. The time
needed to post the payment to the account shall be clearly stated. (6) If a customer chooses to use online
billing, the electric utility shall continue to make all payment methods
available to the customer. (J) The utility may transfer the unpaid balances of a
customer's previously rendered final bills to a subsequent bill for a like
service account in the name of that same customer. The transfer of bills is
limited to like service, for example, residential to residential, commercial to
commercial, gas to gas, and electric to electric. Such transferred final bills,
if unpaid will be part of the past due balance of the transferee account and
subject to the company's collection and disconnection procedures which are
governed by Chapters 4901:1-10 and 4901:1-18 of the Administrative Code. Any
transfer of accounts shall not affect the residential customer's right to
elect and maintain an extended payment plan for service under rule 4901:1-18-10
of the Administrative Code.
Last updated April 8, 2024 at 8:32 AM
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Rule 4901:1-10-23 | Billing adjustments.
(A) When an electric utility has
undercharged any nonresidential customer as the result of a meter or metering
inaccuracy, billing problem, or other continuing problem under the electric
utility's control, unless the customer and the electric utility agree
otherwise, the maximum portion of the undercharge that may be billed to the
customer in any billing month, based upon the appropriate rates, shall be
determined by dividing the amount of the undercharge by the number of months of
undercharged service. The electric utility shall only bill the customer for the
amount of the total undercharge amount rendered in the thirty-six month period
immediately prior to the date the company remedies the metering inaccuracy.
Each electric utility shall state the total amount to be collected in the first
bill under this rule. This rule shall not affect the electric utility's
recovery of regular monthly charges. (B) Pursuant to section 4933.28 of the
Revised Code, the company may only bill the residential customer for the amount
of the unmetered electricity rendered in the three hundred sixty-five days
immediately prior to the date the company remedies the meter
inaccuracy. (C) This rule does not apply to tampering with or unauthorized
reconnection of the meter, metering equipment, or electric utility's
property which causes meter or metering inaccuracies or no measurement of
service.
Last updated April 8, 2024 at 8:32 AM
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Rule 4901:1-10-24 | Customer safeguards and information.
(A) Each electric utility shall notify
customers annually, by bill insert or other notice, about its summary of
customer rights and responsibilities, as prescribed by rule 4901:1-10-12 of the
Administrative Code, and how to request a copy from the electric
utility. (B) Customer education and marketing
practices. Each electric utility shall provide
informational, promotional, and educational materials that are non-customer
specific and explain services, rates, and options to customers. The staff may
review and/or request modification of informational, promotional, and
educational materials. Such materials, shall include the following
information: (1) An explanation of the
service, its application, and any material exclusions, reservations,
restrictions, limitations, modifications, or conditions. (2) If services are
bundled, an identification and explanation of service components and associated
prices. (3) An identification and
explanation of: (a) Any one-time or nonrecurring charge(s) (e.g., penalties and
open-ended clauses). (b) Recurring charge(s) (e.g., usage). (4) An explanation of how
the customer can access the approximate generation resource mix and
environmental disclosure data, as prescribed in rule 4901:1-10-31 of the
Administrative Code. (C) Unfair and deceptive acts or practices. No electric
utility shall commit an unfair or deceptive act or practice in connection with
the promotion or provision of service, including an omission of material
information. An unfair or deceptive act/practice includes, but is not limited
to, the following: (1) An electric utility
states to a customer that distribution service will or may be disconnected
unless the customer pays any amount due for a non-tariffed or non-regulated
service. (2) An electric utility
charges a customer for a service for which the customer did not make an initial
affirmative order. An affirmative order means that a customer or applicant for
service must positively elect to subscribe to a service before it is added to
the account. Failure to refuse an offered or proposed service is not an
affirmative order for the service. (D) Customer specific information. (1) An electric utility
shall not disclose a customer's account number without the customer's
consent and proof of that consent as delineated in paragraph (E)(4) of this
rule, or a court or commission directive ordering disclosure, except for the
following purposes: (a) An electric utility's collections and/or credit
reporting activities. (b) Participation in the home energy assistance program, the
emergency home energy assistance program, and programs funded by the universal
service fund, pursuant to section 4928.52 of the Revised Code, such as the
percentage of income payment plan programs. (c) Cooperation with governmental aggregation programs, pursuant
to section 4928.20 of the Revised Code. (2) An electric utility
shall not disclose a customer's social security number except for the
following purposes: (a) Completing a customer credit evaluation. (b) An electric utility's or competitive retail electric
service (CRES) provider's collections and/or credit reporting
activities. (c) Participation in the home energy assistance program, the
emergency home energy assistance program, and programs funded by the universal
service fund, pursuant to section 4928.52 of the Revised Code, such as the
percentage of income payment plan programs. (d) Customer provides
written consent. (3) An electric utility
shall not disclose residential customer energy usage data that is more granular
than the monthly historical consumption data, provided on the customer
pre-enrollment list pursuant to paragraph (E) of rule 4901:1-10-29 of the
Administrative Code, without the customer's consent, or as required for
billing purposes, or electronic authorization, or a court or commission
directive ordering disclosure. (4) Customer information
release consent form (a) Written consent shall be on a separate piece of paper and
shall be clearly identified on its face as a release of personal information
and all text appearing on the consent form shall be in at least sixteen-point
type. The following statement shall appear prominently on the consent form,
just prior to the signature, in type darker and larger than the type in
surrounding sentences: "I realize that under the rules and regulations of
the public utilities commission of Ohio, I may refuse to allow (name of the
electric utility) to release the information set forth above. By my signature,
I freely give (name of the electric utility) permission to release the
information designated above." The written consent form for the release of
customer energy usage data shall specify the identity of any recipients of the
data, type and granularity of the data being collected, and uses for which the
data is being collected. Forms requiring a customer to circle or to check off
preprinted types of information to be released may not be used. (b) Electronic consent shall be verifiable and in a substantially
similar format to the written consent in paragraph (E)(4)(a) of this rule. The
following statement shall appear prominently: "I realize that under the
rules and regulations of the public utilities commission of Ohio, I may refuse
to allow (name of the electric utility) to release the information set forth
above. By providing my electronic signature, I freely give (name of the
electric utility) permission to release the information designated
above." (5) Nothing in this rule prohibits the
commission from accessing records or business activities of an electric
utility, as provided for in paragraph (B) of rule 4901:1-10-03 of the
Administrative Code. (E) Customer load pattern information. An electric utility
shall: (1) Upon request, timely
provide twenty-four months of a customer's usage history, payment history,
detailed consumption data, if available, and time differentiated price data, if
applicable, to the customer without charge. (2) Provide generic
customer load pattern information, in a universal and user-friendly file
format, to other electric service providers on a comparable and
nondiscriminatory basis. Load pattern information shall be based upon a minimum
of three years of historical customer usage data. (3) Provide
customer-specific information to CRES providers on a comparable and
nondiscriminatory basis as prescribed in paragraph (E) of rule 4901:1-10-29 of
the Administrative Code, unless the customer objects to the disclosure of such
information. (4) Prior to issuing any
eligible-customer lists and at least four times per calendar year, provide all
customers clear written notice, in billing statements or other communications,
of their right to object to being included on such lists. Such notice shall
include instructions for reporting such objection. This notice shall read as
follows: "We are required to include your name,
address, usage information, and other customer specific information as
identified on the approved pre-enrollment list displayed on our website and
tariffs, on a list of eligible customers that is made available to other
competitive retail electric service providers. If you do not wish to be
included on this list, please call (electric utility telephone number) or write
(electric utility address). If you have previously made a similar election,
your name will continue to be excluded from the list without any additional
action on your part. If you previously decided not to be included on the list
and would like to reverse that decision, please call or write us at the same
telephone number and address. An election not to be included on this list will
not prevent (electric utility name) from providing your information to
governmental aggregators." In addition, the electric utility may offer its
customers the option of contacting the electric utility by electronic means
and, if it does so, the electric utility shall add its electronic mail address
or web site to the above notice. The categories of customer specific
information listed on the pre-enrollment shall be displayed in an easily
accessible place on each utility's website for customers to view. (5) If a customer objects
as provided in paragraphs (F)(3) and (F)(4) of this rule, the electric utility
shall not release such information unless and until the customer affirmatively
indicates that the information may be released. (F) To provide customers with a list of certified CRES
providers actively seeking residential customers within the electric
utility's service territory, each electric utility shall maintain a link
on its website directing customers to the commission's website,
energychoiceohio.gov, which offers such information.
Last updated April 8, 2024 at 8:32 AM
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Rule 4901:1-10-26 | Annual system improvement plan report.
(A) Each electric utility and
transmission owner shall report annually regarding its compliance with the
minimum service quality, safety, and reliability requirements for
noncompetitive retail electric services. (B) Annual report. On or before March
thirty-first of each year, each electric utility and transmission owner shall
file with the commission an annual report for the previous calendar year by the
utility's chief executive officer or other senior officer responsible for
the service quality, safety, and reliability of the electric utility's and
transmission owner's transmission and/or distribution service. The annual
report shall include: (1) A plan for investment
in and improvements to the electric utility's or transmission owner's
transmission and distribution facilities/equipment. Each plan
shall: (a) Cover all of the electric utility's service territory,
and shall describe the relevant characteristics of the service territory
including the following: (i) Miles of overhead
distribution. (ii) Miles of underground
distribution. (iii) Miles of overhead
transmission. (iv) Miles of underground
transmission. (v) Any other notable
characteristics. (b) List any quality, safety, and reliability complaints
the electric utility or transmission owner received during the reporting period
from other electric utilities, rural electric cooperatives, municipal electric
utilities, and competitive retail electric suppliers, and shall report the
specific actions the electric utility took to address these
complaints. (c) Report all unresolved quality, safety, and reliability
complaints and violations as described in paragraph (B)(1)(d) of this rule that
were carried over from the prior year, along with the reason the complaint or
violation was not resolved. (2) A report by service territory of the
age, current condition, reliability and performance of the electric
utility's and/or transmission owner's transmission and distribution
facilities in Ohio. (In analyzing and reporting the age of the electric
utility's and/or transmission owner's facilities and equipment, the
electric utility and/or transmission owner may utilize book depreciation.
Statistical estimation and analysis may be used when actual ages and conditions
of facilities are not readily available. The use of such techniques shall be
disclosed in the report.) The report shall include: (a) A qualitative characterization of the condition of the
electric utility's and/or transmission owner's system and an
explanation of the criteria used in making the qualitative
assessment. (b) An overview of the number and substance of customers'
safety and reliability complaints for the annual reporting period in each
service territory. (c) Each electric utility's or transmission owner's
transmission capital and maintenance expenditures as follows: (i) Total expenditures
for the past year and the ratio of such expenditures to total transmission
investment; (ii) Reliability-specific
budgeted vs. actual expenditures for the past year by budget category and
total, and an explanation for any variance exceeding ten per cent;
and (iii) Budgeted
reliability-specific expenditures for the current year by budget category and
total. (d) Each electric utility's distribution capital and
maintenance expenditures as follows: (i) Total expenditures
for the past year and the ratio of such expenditures to total distribution
investment; (ii) Reliability-specific
budgeted vs. actual expenditures for the past year by budget category and
total, and an explanation for any variance exceeding ten per cent;
and (iii) Budgeted
reliability-specific expenditures for the current year by budget category and
total. (e) The average remaining depreciation lives of the electric
utility's and/or transmission owner's transmission and distribution
facilities, expressed separately by facility type as a percentage of total
depreciation lives. (f) For each reporting period, provide a list and purpose of
current inspection, maintenance, repair, and replacement programs required by
paragraph (E) of rule 4901:1-10-27 of the Administrative Code that the electric
utility and/or transmission owner's utilizes for quality, safe, and
reliable service from its transmission, substation, and distribution facilities
and/or equipment. This report shall include the following: (i) The goals of each
program and whether the electric utility's and/or transmission
owner's annual goals for each program were achieved. If the goals were
achieved, describe how they were achieved and to what extent, including
numerical values and percentages in the description. If the goals were not
achieved, describe the problems that prevented the achievement and the level of
completion of each program, including numerical values and
percentages. (ii) A summary of the
electric utility's and/or transmission owner's annual findings as a
result of performing each program. (iii) A summary of the
remedial activity that has been or will be performed as a result of the program
findings, and the actual and estimated completion dates for such remedial
activity. (iv) The electric
utility's and/or transmission owner's plans and programs to prevent
overloading or excessive loading of its transmission and distribution
facilities and equipment. (v) The electric
utility's and/or transmission owner's actions to remedy overloading
or excessive loading of its transmission and distribution facilities and
equipment. (vi) An identification of
the programs that have been added, deleted, and/or modified from the previous
reporting period in accordance with the requirements of paragraph (F) of rule
4901:1-10-27 of the Administrative Code. (3) An identification of customer service
interruptions that were due solely to the actions or in-actions of another
electric utility, regional transmission entity, and/or a competitive retail
electric supplier for the annual reporting period and the causes of these
interruptions.
Last updated April 8, 2024 at 8:32 AM
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Rule 4901:1-10-27 | Inspection, maintenance, repair, and replacement of transmission and distribution facilities (circuits and equipment).
(A) This rule applies to the inspection,
maintenance, repair, and replacement of utility transmission and distribution
system facilities (circuits and equipment). The rebuttable presumption that an
electric utility and/or transmission owner is providing adequate service
pursuant to paragraph (F) of rule 4901:1-10-02 of the Administrative Code, does
not apply to this rule. (B) Transmission system performance assessment. Every five
years each electric utility and transmission owner shall file with the
commission a report setting forth its methodology used to assess the
reliability of its transmission circuits. That methodology shall be subject to
review and acceptance by the director of the rates and analysis
department. (1) Each electric utility
or transmission owner shall submit a method to assess circuit reliability based
on the total number of sustained outages per circuit per calendar year and
other factors proposed by the electric utility, or required by the electric
reliability organization (ERO), the regional reliability organization (RRO), or
the regional transmission operator, which affect circuit performance, together
with supporting justification for that method. (a) If the electric utility and/or transmission owner and the
director of the rates and analysis department can not agree on a method to
assess transmission circuit reliability, the electric utility and/or
transmission owner shall apply, within ninety calendar days after the
submission of its proposal, to the commission for a hearing and shall file a
written report along with documentation supporting its
methodology. (b) Revisions to a previously accepted methodology for assessing
the reliability of its transmission circuits, shall be submitted for review and
acceptance along with supporting justification to the director of the utilities
department, no later than ninety calendar days prior to the beginning of the
next succeeding calendar year. (2) Each electric utility
or transmission owner shall submit a report on electronic media in a format
prescribed by the commission on or before March thirty-first of each year, that
identifies the performance of each transmission circuit for the previous
calendar year. Each annual report shall, at a minimum, provide the following
information for each transmission circuit: (a) The circuit identification number. (b) The circuit name (if different from the origin
terminus). (c) The circuit origin and terminus. (d) The circuit voltage level (KV). (e) The circuit mileage. (f) The circuit in-service date, where available. (g) The number of unplanned outages (sustained and momentary if
available) and their causes by circuit. (h) The substation(s) and/or distribution circuit(s) affected by
each of the outages reported for paragraph (C)(2)(g) of this rule, by
circuit. (i) A description of and the rationale for any remedial action
taken or planned to improve circuit performance or for taking no remedial
action. (j) The start and completion dates of any remedial action taken
or planned. (k) The applicable ERO standard requirement. (l) The applicable ERO standard violation. (3) The annual report
shall be submitted in a form prescribed by the commission or its
staff. (C) Transmission and distribution facilities
inspections. Unless otherwise determined by the commission,
each electric utility and transmission owner shall, at a minimum, inspect its
electric transmission and distribution facilities (circuits and equipment) to
maintain quality, safe, and reliable service on the following scheduled
basis: (1) Distribution - all
distribution circuits and equipment, including above-ground facilities
associated with the operation of underground circuits, shall be inspected at
least once every five years. (2) Transmission - all
transmission circuits and equipment shall be inspected at least once every
year. (3) Substations - all
transmission and distribution substations and equipment shall be inspected
twelve times annually, with no inspection interval exceeding forty calendar
days between inspections. (4) On or before March
thirty-first of each year, each electric utility and transmission owner shall
submit a report in an electronic medium, in a format prescribed by the
commission or its staff, of the electric utility's and/or transmission
owner's compliance with the inspection schedule in paragraphs (D)(1) to
(D)(3) of this rule for the preceding calendar year. The annual report of
inspection compliance shall include: (a) A listing of distribution circuits inspected during the year
and, for each listed circuit, the date(s) such inspection was
performed. (b) A listing of transmission circuits inspected during the year
and, for each listed circuit, the date(s) such inspections were
performed. (c) A listing of all substations and the date of each inspection
during the year. (d) The date(s) when any circuits or substations were added or
retired during the reporting year. (D) Transmission and distribution inspection, maintenance,
repair, and replacement programs. (1) Each electric utility
and transmission owner shall establish, maintain, and comply with written
programs, policies, procedures, and schedules for the inspection, maintenance,
repair, and replacement of its transmission and distribution circuits and
equipment. These programs shall establish preventative requirements for the
electric utility to maintain safe and reliable service. Programs shall include,
but are not limited to, the following facilities: (a) Poles and towers. (b) Circuit and line inspections. (c) Primary enclosures (e.g., pad-mounted transformers and
pad-mounted switch gear) and secondary enclosures (e.g., pedestals and
handholes). (d) Line reclosers. (e) Line capacitors. (f) Right-of-way vegetation control. (g) Substations. (2) Each electric utility
shall file its inspection, maintenance, repair, and replacement programs,
instituted pursuant to paragraph (E)(1) of this rule, with the commission. The
electric utility's filing shall include supporting justification and
rationale based upon generally accepted industry practices and
procedures. (3) If a filing to
establish the electric utility's inspection, maintenance, repair, and
replacement programs is not acted upon by the commission within forty-five
calendar days after it is filed, the inspection, maintenance, repair, and
replacement programs shall be deemed approved on the forty-sixth day after
filing. (4) Each electric utility
and transmission owner shall maintain records sufficient to demonstrate
compliance with its transmission and distribution facilities inspection,
maintenance, repair, and replacement programs as required by this rule. Each
electric utility and transmission owner shall record all deficiencies revealed
by inspections or tests and all actions taken to correct those deficiencies.
Lines and equipment with recorded defects that could reasonably be expected to
endanger life or property shall be promptly repaired, disconnected, or
isolated. All remaining deficiencies shall be corrected by the end of the
calendar year following the year of the inspection or testing that originally
revealed such deficiencies was completed. The electric utility shall document
all deficiencies that are not corrected within the designated time, including
the reason for not taking corrective action. (E) Inspection, maintenance, repair, and replacement
program revisions and amendments. (1) All revisions or amendments
(including modification to a current program, addition of a new program, or
elimination of an existing program) requested by an electric utility shall be
filed with the commission as outlined in paragraph (E)(2) of this
rule. (2) If a filing to revise or amend the
electric utility's inspection, maintenance, repair, and replacement
programs is not acted upon by the commission within forty-five days after it is
filed, the inspection, maintenance, repair, and replacement programs shall be
deemed approved on the forty-sixth day after filing.
Last updated April 8, 2024 at 8:33 AM
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Rule 4901:1-10-28 | Net metering.
(A) For purposes of this rule, the
following definitions apply: (1) "Advanced
meter" means any electric meter that meets the pertinent engineering
standards using digital technology and is capable of providing two-way
communications with the electric utility to provide usage and/or other
technical data. (2) "CRES
provider" means any provider of competitive retail electric
service. (3) "Customer-generator" has the meaning set forth in
division (A)(29) of section 4928.01 of the Revised Code. A customer that hosts
or leases third party owned generation equipment on its premises is considered
a customer-generator. (4) "Electric
utility" has the meaning set forth in division (A)(11) of section 4928.1
of the Revised Code. (5) "Hospital"
has the meaning set forth in division (C) of section 3701.01 of the Revised
Code. (6) "Interval
meter" means any electric meter that is capable of measuring interval
usage data on at least an hourly basis. (7) "Microturbine" means a turbine or an integrated
modular turbine package with a capacity of two megawatts or less. (8) "Net
metering" has the meaning set forth in division (A)(30) of section 4928.01
of the Revised Code. (9) "Net metering
system" has the meaning set forth in division (A)(31) of section 4928.01
of the Revised Code. Net metering system includes all facilities, regardless of
whether the customer-generator is on the electric utility's net metering
tariff or engaged in net metering with a CRES provider. (10) "Third
party" means a person or entity that may be indirectly involved or
affected but is not a principal party to an arrangement, contract, or
transaction between other parties. (B) Net metering. (1) Each electric utility shall develop a
standard net metering tariff and a hospital net metering tariff. The electric
utility shall timely make such tariffs available to customer-generators upon
request and on a nondiscriminatory basis. (2) A CRES provider may offer net
metering contracts to its customers, consistent with Chapter 4901:1-21 of the
Administrative Code, at any price, rate, credit, or refund for excess
generation. The CRES provider and the customer may define the terms of any
contract, including the price, rate, credit, or refund for any excess
production by a customer-generator. A CRES provider is not required to enter
into any net metering contract with any customer. Only customers who have
signed an interconnection agreement with the electric utility may engage in net
metering with a CRES provider. (3) Except as used by hospitals, a net
metering system must use as its fuel either solar, wind, biomass, landfill gas,
or hydropower, or use a microturbine or a fuel cell. (4) The electric utility's standard
net metering tariff shall be identical in rate structure, all retail rate
components, and any monthly charges, to the tariff to which the same customer
would be assigned if that customer were not a customer-generator. (a) The electric utility shall disclose on the electric
utility's website, and to any customer upon request, the name, address,
telephone number, and email address of the electric utility's net metering
department or contact person. (b) The electric utility shall provide on the electric
utility's website, and to any customer upon request, all necessary
information regarding eligibility for the electric utility's net metering
tariffs. The electric utility shall also provide this information to any
customer, upon request, within a net metering application packet. The website
and application packet shall describe and provide the following information in
a straightforward manner: net metering tariff terms and conditions, sample net
metering and interconnection agreements, and the terms and conditions for
eligibility to be a net metering customer-generator. The website and
application packet shall also provide information on costs that the customer
may incur as a result of net metering enrollment, including any costs
associated with the following: application, interconnection, and meter
installation. (5) A net metering system must be located
on the customer-generator's premises. A customer-generator's premises
is the area that is owned, operated, or leased by the customer-generator with
the metering point for the customer-generator's account. A contiguous lot
to the area with the customer-generator's metering point may be considered
the customer-generator's premises regardless of easements, public
thoroughfares, transportation rights-of-way, or utility rights-of-way, so long
as it would not create an unsafe or hazardous condition pursuant to the
interconnection standards set forth in Chapter 4901:1-22 of the Administrative
Code. (6) Unless it is a hospital, a
customer-generator must intend primarily to offset part or all of the
customer-generator's requirements for electricity, regardless of whether
the customer-generator is on the electric utility's net metering tariff or
engaged in net metering by contract with a CRES provider. (a) The electric utility shall communicate with and assist a
customer-generator in calculating the customer-generator's requirements
for electricity based on the average amount of electricity supplied by the
electric utility to the customer-generator annually over the previous three
years. In instances where the electric utility cannot provide data without
divulging confidential or proprietary information, or in circumstances where
the electric utility does not have the data or cannot calculate the average
annual electricity supplied to the premises over the previous three years due
to new construction, vacant properties, facility expansions, or other unique
circumstances, the electric utility shall use any available consumption data or
measures to establish an appropriate consumption estimate. Upon request from
any customer-generator, the electric utility shall provide or make available to
the customer-generator either the average electricity supplied to the premises
over the previous three years or a reasonable consumption estimate for the
premises. (b) A customer-generator must size its facilities so as to not
exceed one hundred twenty per cent of its requirements for electricity at the
time of interconnections, regardless of whether the customer-generator intends
to take service through an electric utility or a CRES provider. (7) Net metering shall be accomplished
using a single meter capable of registering the flow of electricity in each
direction. Upon request from a customer-generator, the electric utility shall
provide the customer-generator with a detailed cost estimate of installing an
interval meter. If the net metering system is located in an area where advanced
meters have been deployed or are proposed to be deployed within twelve months,
then the electric utility shall provide the customer-generator with a detailed
cost estimate of installing an advanced meter that is also an interval
meter. (a) If a customer-generator requests an advanced meter that is
also an interval meter, then such cost shall be paid by the customer-generator
through the applicable smart grid rider. If the net metering system is not
located in an area where the electric utility has deployed, is deploying, or
proposes to deploy within twelve months advanced meters, then the electric
utility may install any interval meter. (b) The electric utility, at its own expense and with the written
consent of the customer-generator, may install one or more additional meters to
monitor the flow of electricity in each direction. No electric utility shall
impose, without commission approval, any additional interconnection requirement
or additional charges on customer-generators refusing to give such
consent. (c) If a customer's existing meter needs to be reprogrammed
for the customer to become a customer-generator, or to accommodate net
metering, then the electric utility shall provide the customer-generator a
detailed cost estimate for the reprogramming or setup of the existing meter.
The cost of setting up the meter to accommodate net metering shall be at the
customer's expense. If a customer-generator has a meter that is capable of
measuring the flow of electricity in each direction, is sufficient for net
metering, and does not require setup or reprogramming, then the
customer-generator shall not be charged for a new meter, setup, or
reprogramming to accommodate net metering. (d) For hospital customer-generators, net metering shall be
accomplished using either two meters or a single meter with two registers that
are capable of separately measuring the flow of electricity in both directions.
One meter or register shall be capable of measuring the electricity generated
by the hospital at the output of the generator or net of the hospital's
load behind the meter at the time it is generated. If the hospital's
existing electric meter is not capable of separately measuring electricity the
hospital generates at the time it is generated, the electric utility, upon
written request from the hospital, shall install at the hospital's expense
a meter that is capable of such measurement. (8) The measurement of net electricity
supplied by the electric utility or received from the customer-generator is
calculated in the following manner: (a) The electric utility shall measure the net electricity
produced or consumed during the billing period, in accordance with normal
metering practices. (b) If the electricity supplied by the electric utility exceeds
the electricity received from the customer-generator over the monthly billing
cycle, then the customer-generator shall be billed for the net electricity
consumed by it in accordance with normal metering practices. (c) For customer-generators on the electric utility's
standard net metering tariff, when the electric utility receives more
electricity from the customer-generator than it supplied to the
customer-generator over a monthly billing cycle, the excess electricity shall
be converted to a monetary credit at the energy component of the electric
utility's standard service offer that continuously carries forward as a
monetary credit on the customer-generator's future bills. The electric
utility shall not be required to pay the monetary credit, other than to credit
it to future bills, and the monetary credit may be lost if a customer-generator
does not use the credit or stops taking service from the electric
utility. (d) The hospital net metering tariff shall comply with division
(A)(2) of section 4928.67 of the Revised Code. For purposes of this rule, the
market value means the locational marginal price of energy determined by a
regional transmission organization's operational market at the time the
customer-generated electricity is generated. (e) A CRES provider may offer a net metering contract at any
price, rate, or manner of credit for excess generation. The CRES provider shall
notify the electric utility whenever a net metering contract has been entered
into with a customer-generator. The electric utility may move the
customer-generator to bill-ready billing, unless the CRES provider and the
customer-generator agree to dual billing. (f) If a customer-generator is net metering with a CRES provider
and uses an advanced meter capable of measuring at least hourly interval usage
data, the electric utility shall transmit or make available to the CRES
provider the customer-generator's interval data for that billing period
within twenty-four hours of performing industry-standard validation,
estimation, and editing processes. The electric utility shall also transmit or
make available to the CRES provider the customer-generator's daily
interval usage data within twenty-four hours of performing daily
industry-standard validation, estimation, and editing processes. (g) The electric utility shall at least annually calculate and
provide or make available to the CRES provider the individual network service
peak load values and peak load contributions of customer-generators engaged in
net metering with that CRES provider. (h) The electric utility shall ensure that any final settlement
data sent to a regional transmission organization includes negative loads in
the hourly load calculation of any electricity provided to a CRES provider from
its customer-generators with hourly interval metering. Load from a
customer-generator shall be incorporated in the CRES provider's total
hourly energy obligation reported to the regional transmission organization and
will offset the CRES provider's reported load to the regional transmission
organization. For customer-generators with non-hourly metering, customer
generation will offset the CRES provider's energy obligation. (9) In no event shall the electric
utility impose on the customer-generator any charges that relate to the
electricity the customer-generator feeds back to the system. (10) All customer-generators shall comply
with the interconnection standards set forth in Chapter 4901:1-22 of the
Administrative Code. (11) Renewable energy credits associated
with a customer-generator's net metering facility shall be the property of
the customer-generator unless otherwise contracted with an electric utility,
CRES provider, or other entity. (12) The electric utility shall annually
report to the commission the total number and installed capacity of
customer-generators on the electric utility's net metering tariffs for
each technology and consumer class.
Last updated April 8, 2024 at 8:33 AM
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Rule 4901:1-10-29 | Coordination with competitive retail electric service (CRES) providers.
(A) Each electric utility shall
coordinate with CRES providers to promote nondiscriminatory access to electric
services, to ensure timely enrollment with CRES providers to maintain a
customer's electric service, and to timely and correctly switch the
customer's electric service between CRES providers. (B) Each electric utility shall adopt a
supplier tariff containing standardized requirements to the extent such
standardization is feasible. At a minimum, such tariff shall include
requirements for imbalances, load profiles, scheduling, billing (between the
electric utility and CRES provider), customer billing (options, collection, and
application of customer payments), metering, retail settlements, scheduling
coordinators, losses, customer information (procedures for disclosing load
profile, account information, and payment history), dispute resolution
processes (between the electric utility and CRES provider), standard operating
rules, performance incentives and standards, creditworthiness and default
security, supplier agreement, electronic data interchange protocols, CRES
provider enrollment with the electric utility, service termination and
disconnection (of end-user customer), certified CRES provider lists, return to
standard offer, customer enrollment and switching, supplier training, and
supplier proof of certification. (C) An electric utility shall execute
with each CRES provider a supplier agreement to operate under the terms of the
supplier tariff. (D) The electric utility and CRES
provider shall execute a standardized trading partner agreement, as required by
the standard electronic transmission protocols. (E) Pre-enrollment. Electric utilities
shall make eligible-customer lists available to certified CRES providers in
spreadsheet, word processing, or an electronic non-image-based format, with
formula intact, compatible with personal computers. Such lists shall be updated
quarterly and comply with division (G) of section 4928.10 of the Revised
Code. (F) Customer enrollment. (1) Within two business
days after confirming the validated electronic data file for a CRES
provider's customer enrollment request, the electric utility shall mail or
email with an electronic notification of receipt, the customer a competitively
neutral confirmation notice stating: (a) That the electric utility has received a request to enroll
the customer for competitive electric service with the named CRES
provider. (b) The date such service is expected to begin. (c) That customers have seven days from the postmark date on the
notice to contact the electric utility to rescind the enrollment request or
notify the electric utility that the change of service provider was not
requested by the customer. (d) The electric utility's toll-free telephone
number. (2) Such notice shall not
be used as an opportunity for the electric utility to convince customers to
remain on or return to the electric utility's standard offer
service. (3) Each electric utility
shall have a twenty-four hour per day capability for accepting CRES customer
enrollment rescission by telephone. (4) When a customer calls
the electric utility to rescind enrollment with a CRES provider, the electric
utility shall provide the customer a unique cancellation number. (5) Within two business
days after receiving a customer's request to rescind enrollment with a
CRES provider, the electric utility shall initiate such rescission and mail or
email with an electronic notification of receipt, the customer confirmation
that such action has been taken. (G) Customer billing. (1) Electric utilities
shall make consolidated billing available to CRES providers and shall not take
any actions to inhibit or prohibit dual billing by CRES providers. (2) Consolidated billing
shall include budget billing of utility and CRES charges as a customer-elected
option. (H) Customers returning to standard offer. (1) Any customer
returning to the standard offer due to a CRES provider's default,
abandonment, slamming, certification rescission of a CRES provider, or the end
of their contract term with a CRES provider, will not be liable for any costs
or penalties associated with the customer's return to the standard
offer. (2) Within two business
days after confirming the validated electronic data file for a CRES
provider's customer-drop request, the electric utility shall mail or email
with an electronic notification of receipt, the customer a notice
stating: (a) That the electric utility has received a request to drop the
customer from competitive electric service with the named CRES
provider. (b) The deadline date for the electric utility to receive a CRES
provider's request to enroll the customer. (c) That the electric utility is available to address any
questions the customer may have. (d) The electric utility's local and toll-free telephone
number. (I) Percentage of income payment plan
(PIPP) customers will be coordinated exclusively by the Ohio development
services agency pursuant to section 4928.54 of the Revised Code. (1) Electric utilities
shall not switch PIPP and graduate PIPP program customers to CRES
providers. (2) Customers pending
enrollment with a CRES provider who subsequently become approved for PIPP or
the electric utility's arrearage crediting program shall not be switched
to the CRES provider. (3) Electric utility
customers who have switched to a CRES provider and subsequently become approved
for the electric utility's graduate PIPP program shall be transferred to
the electric utility's standard offer service at the next regularly
scheduled meter read date after the electric utility enrolls the customer in
the program. (4) Customers who have
switched to a CRES provider and subsequently become approved for PIPP shall be
dropped by the electric utility to standard offer service at the next regularly
scheduled meter read date after the electric utility receives notice of the
customer's participation in PIPP. The electric utility shall notify the
affected CRES provider within ten business days of the customer's transfer
to a new electric service provider to participate in PIPP. Any switching fees
shall be added to the customer's arrearages, not current
charges. (5) When the host
electric utility is not purchasing the receivables of the affected CRES
provider, the electric utility shall submit to Ohio development services
agency, on behalf of the affected CRES provider(s), the pre-PIPP arrearages of
customers transferred to the PIPP program. (6) The host electric
utility shall transfer the pre-PIPP arrearages received from the Ohio
development services agency, on behalf of the affected CRES provider, to the
appropriate CRES provider within ten business days after receipt from the Ohio
department of development.
Last updated April 8, 2024 at 8:33 AM
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Rule 4901:1-10-30 | Failures to comply with the rules or commission orders.
(A) Any electric utility or CRES provider that fails to comply with the rules and standards in this chapter, or with any commission order, direction, or requirement promulgated thereunder, may be subject to any and all remedies available under the law, including but not limited to the following: (1) Forfeiture to the state of not more than ten thousand dollars for each such failure, with each day's continuance of the violation being a separate offense. (2) Corrective action to effectuate compliance. (3) Restitution or damages to the customer/consumer. (B) Enforcement of any rule in this chapter or commission order, direction or requirement promulgated thereunder, will be conducted in accordance with Chapter 4901:1-23 of the Administrative Code.
Last updated February 28, 2023 at 9:26 AM
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Rule 4901:1-10-31 | Environmental disclosure.
(A) This rule establishes a process by
which customers are assured of receiving information, in a timely and
consistent manner, concerning the approximate retail generation resource mix
and environmental characteristics associated with electric power offered in
Ohio's competitive marketplace. (B) This rule applies to all electric
utilities providing a standard offer for retail electric generation
service. (C) Determination of environmental
disclosure data. (1) Contents of
environmental disclosure data. (a) Approximate generation resource mix. Each electric utility shall specifically
identify each of the following generation sources used in the generation of the
power that is made available under its standard offer: biomass power,
coal-fired power, hydro power, natural gas-fired power, nuclear power,
oil-fired power, other sources, solar power, and wind power. (b) Environmental characteristics. Electric utilities shall report the
environmental characteristics typically associated with the generation
resources used to generate the power that is made available under their
respective standard offers. Electric utilities shall also report the air
emissions of nitrogen oxides, sulfur dioxide, and carbon dioxide associated
with the generation of power being offered under their respective standard
offers. (2) Methodology for
determining environmental disclosure data. (a) The environmental disclosure data, to be provided
quarterly and in the annual projection, shall be verifiable. Each electric
utility shall maintain documentation sufficient to demonstrate the accuracy of
the environmental disclosure data. (b) When calculating the generation resource mix for the
annual projection, the electric utility shall assume that purchased energy has
the same generation resource mix as the regional generation resource mix for
the most recent twelve-month period of June first to May thirty-first, as
provided by the electric utility's regional transmission organization or
independent system operator. (3) Timing for disclosing environmental
disclosure data. (a) Electric utilities shall annually project their
environmental disclosure data for the calendar year. (b) Electric utilities shall complete quarterly comparisons of
actual to projected environmental disclosure data. (c) Below is the schedule applicable to the environmental
disclosure process. January - disclosure of projected
environmental disclosure data for current calendar year. March - disclosure of actual environmental
disclosure data for the prior calendar year, compared to the projected
environmental disclosure data from prior calendar year. June - disclosure of actual environmental
disclosure data for January through March of current year, compared to
projected data for current calendar year. September - disclosure of actual
environmental disclosure data for January to June of current year, compared to
projected data for current calendar year. December - disclosure of actual environmental
disclosure data for January through September of current year, compared to
projected data for current calendar year. (D) Environmental disclosure to the
commission. (1) Content. Each customer shall receive environmental
disclosure data, as detailed in paragraph (C) of this rule. (2) Format. The environmental disclosure data shall be
provided in a standardized format in order to facilitate comparisons by
customers. The presentation of this data shall include each of the following
requirements: (a) A pie chart consistent with the patterns set forth in
appendices A and B to this rule which illustrates on a percentage basis the
various generation resources, as detailed in paragraph (C)(1)(a) of this rule,
used in the generation of power that is made available under the standard
offer. The percentages shall be rounded to the
nearest one-half percent. (b) A table consistent with the patterns set forth in appendices
A and B to this rule which illustrates the typical environmental
characteristics associated with the generation resource categories detailed in
paragraph (C)(1)(a) of this rule. . (c) An air emissions bar chart, along with a regional average
emission reference. The product-specific emission rates shall appear as a
percentage of the average regional emission rate for each of the three types of
air emissions. Percentages shall be calculated from comparison of
product-specific and average regional emission rates on a basis of pounds
emitted per megawatt hour. (d) The electric utility may include other information that
it feels is relevant to the required environmental disclosure data, provided
this additional information is distinctly separated from the required
information. The electric utility shall maintain sufficient documentation to
permit verification of the accuracy of any additional information that is
disclosed. (3) Timing. (a) Annual projection. Consistent with the schedule presented in
paragraph (C)(4) of this rule and the format depicted by appendix A of this
rule, the most recent projection of environmental disclosure data shall be
provided to each customer of the standard offer for generation service via a
link to the EDU's webpage or the PUCO environmental disclosure information
for consumers website or, at the request of the customer, a hardcopy of the
data shall be provided at no cost to the customer. (b) Quarterly comparisons of actual to projected environmental
disclosure data. The comparison of actual to projected
environmental disclosure data shall be provided to customers on a quarterly
basis consistent with both the schedule presented in paragraph (C)(4) of this
rule and the format as depicted by appendix B to this rule. These items will be disclosed to customers
via a link to the EDU's website or the PUCO environmental disclosure
information for consumers webpage or, at the request of the customer, a
hardcopy of the data shall be provided at no cost to the customer. (E) Environmental disclosure to the
commission. Each electric utility shall submit its annual
projection and quarterly comparisons of environmental disclosure data to the
director of the rates and analysis department or their designee consistent with
the schedule presented in paragraph (C)(4) of this rule. The information
provided to the staff shall be identical in content and format to that provided
to customers. (F) The generation resource mix disclosed
pursuant to this rule should not be used as an indicator of an electric
utility's compliance with section 4928.64 of the Revised
Code.
View Appendix
Last updated April 8, 2024 at 8:33 AM
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Rule 4901:1-10-32 | Cooperation with certified governmental aggregators.
Effective:
November 1, 2021
(A) Each electric utility shall cooperate
with governmental aggregators to facilitate the proper formation and
functioning of governmental aggregations. Upon the request of a certified
governmental aggregator or certified electric services company under contract
with the governmental aggregator, the electric utility shall provide for all
customers residing within the governmental aggregator's boundaries,
including those customers who have opted off the pre-enrollment list, the
following information: (1) An updated list of
names, account numbers, service addresses, billing addresses, rate codes,
percentage of income payment plan codes, load data, and other related customer
information, consistent with the information that is provided to other electric
services companies, must be available in spreadsheet, word processing, or an
electronic non-image-based format, with formulas intact, compatible with
personal computers.. (2) An identification of
customers who are currently in contract with an electric services company or in
a special agreement with the electric utility. (3) On a best efforts
basis, an identification of mercantile customers. (B) Each electric utility shall provide
such customer information list to the governmental aggregator, or the electric
services company under contract with the governmental aggregator, at no
charge. (C) Each electric utility shall publish charges and/or fees for
services and information provided to governmental aggregators in an approved
tariff filed with the commission. (D) Each CRES provider that serves a government aggregation
shall identify its customers using a government aggregation code as provided by
the utility at the time of the EDU enrollment and/or change
request. (E) Unless a customer notifies the electric utility of the
customer's intent not to join a governmental aggregation by responding to
the confirmation notice or providing some other notice as provided by the
electric utility's tariffs, the electric utility shall switch customer
accounts to or from a governmental aggregation under the same processes and
time frames provided in published tariffs for switching other customer
accounts. A switching fee shall not be assessed to customer accounts that
switch to or from a governmental aggregation. (F) Pursuant to division (I) of section 4928.20 of the
Revised Code, if the electric utility establishes a surcharge under section
4928.144 of the Revised Code, the electric utility shall charge customers that
are part of a governmental aggregation only a portion of such surcharge that is
proportionate to the benefits that the electric load centers within the
jurisdiction of the governmental aggregation as a group receive as determined
by the commission. (G) Each electric utility shall cooperate with governmental
aggregators to determine the amount of any surcharge that will be assessed to
customers that are part of a governmental aggregation pursuant to division (I)
of section 4928.20 of the Revised Code. (H) If a governmental aggregator notifies the commission of
its election to not receive standby service from the electric utility that is
operating under an approved electric security plan during the governmental
aggregation program, the electric utility shall not charge any customer that is
part of that governmental aggregation for standby service. However, the
electric utility shall charge any customer that returns to the electric utility
for retail electric service during the governmental aggregation program the
market price of power incurred by the electric utility to serve that customer
plus any amount attributable to the electric utility's cost of compliance
with the alternative energy resource provisions of section 4928.64 of the
Revised Code to serve that customer, unless that customer becomes ineligible
pursuant to paragraph (E)(1)(a) or (E)(1)(g) of rule 4901:1-21-17 of the
Administrative Code, or that customer moves within the aggregation boundaries
where the electric utility considers the customer that is moving to be a new
customer, or the commission otherwise terminates the electric utility's
electric security plan in effect during the governmental aggregation
program.
Last updated November 1, 2021 at 1:36 AM
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Rule 4901:1-10-33 | Consolidated billing requirements.
(A) This rule applies to an electric
utility that issues customers a consolidated electric bill that includes both
electric utility and competitive retail electric service (CRES) provider
charges for electric services. Nothing in this rule affects the obligations of
the electric utility to provide disconnection notices. An electric utility
cannot discriminate or unduly restrict a customer's CRES provider from
including non-jurisdictional charges on a consolidated electric
bill. (B) A supplier agreement between an
electric utility and a CRES provider must provide that if the electric utility
collects customer payments on behalf of the CRES provider, the customer's
liability to the CRES provider ceases to the extent of a payment made and
applicable to the customer's CRES provider account. (C) Consolidated bills shall be accurate
and shall be rendered at monthly intervals. All consolidated customer bills
issued by or on behalf of an electric utility and a CRES provider must include
at least the following information: (1) The customer's
name, billing address, and service address. (2) The electric
utility's twenty-four hour, local and toll-free telephone numbers for
reporting service emergencies. (3) The dates of the
service period covered by the bill. (4) Current electric
charges, separated from gas charges, if these charges appear on the same bill,
but only to the extent that the biller provides both electric and gas
services. (5) Applicable billing
determinants: beginning meter read, ending meter read, demand meter read,
multipliers, consumption, and demand. (6) Identification of
estimated bills. (7) Any non-recurring
charge(s). (8) Net-metered usage for
customer generators, if applicable. (9) Each charge for
non-jurisdictional services, if applicable, and the name and toll-free number
of each provider of such service(s). (10) Amount due for
previous billing period. (11) Total payments and
total credits applied during the billing period. (12) Total consolidated
amount due and payable, or, if applicable, the total consolidated budget bill
amount. (13) Due date for payment
to keep the account current. The due date shall not be less than twenty-one
days from the date of postmark. (14) Name and address of
the electric utility to which payments should be made. (15) The following
notice: "If your complaint is not resolved after
you have called your electric supplier and/or your electric utility, or for
general utility information, residential and business customers may contact the
public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826
(toll free) from eight a.m. to five p.m. weekdays, or at
http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the
PUCO via 7-1-1 (Ohio relay service). The Ohio consumers' counsel (OCC)
represents residential utility customers in matters before the PUCO. The OCC
can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m.
weekdays, or at http://www.pickocc.org." (16) An explanation of
codes and abbreviations used. (17) At a minimum,
definitions for the following terms, or like terms used by the company, if
applicable: customer charge, delivery charge, estimated reading, generation
charge, kilowatt hour (kWh), and late payment charge. (18) The price-to-compare for residential
bills and a notice that such customers can obtain a written explanation of the
price-to-compare from their electric utility. (D) In addition to the information
required pursuant to paragraph (C) of this rule, each consolidated bill issued
must include, in that portion of the bill which details the charges from the
electric utility, at least the following information: (1) Electric utility
account number. (2) Applicable rate
schedule. (3) Numerical statement
of the customer's historical consumption for each of the preceding twelve
months, and both the total and average consumption for such twelve-month
period. (4) Specific tariffed
charges to the extent applicable: customer charge, delivery charge, and other
conceptually similar tariffed charges. (5) If the customer is on
a budget plan with the electric utility only, the monthly budget amount and
current balance of electric utility account. (6) Current
charges. (7) The electric
utility's toll-free telephone numbers and address for questions and
complaints. (E) In addition to the information
required pursuant to paragraph (C) of this rule, each consolidated bill issued
must include, in that portion of the bill which details the charges from the
CRES provider, at least the following information: (1) Customer's CRES
account number, if different from the electric utility account
number. (2) To the extent
applicable, itemization for each charge including, for fixed-price offers, the
unit price per kWh for competitive service and, for all other offers for
electric generation service, an explanation of how the rate is derived, as well
as any other information the customer would need to recalculate the bill for
accuracy. (3) If the customer is on
a budget plan with the CRES provider only, the monthly budget amount and the
current balance of the CRES account. (4) Current
charges. (5) A highlighted notice
of any change in rates, terms, or conditions appearing on the first two
consecutive bills following the occurrence of any such changes and a clear
explanation of each change. (F) Consolidated bill format. Any new
consolidated bill format proposed by an electric utility shall be filed with
the commission for approval. If an application for a consolidated bill format
is not acted upon by the commission within forty-five calendar days after it is
filed, the consolidated bill format shall be deemed approved on the forty-sixth
day after filing. (G) Transfer of customer billing
information. (1) The billing electric utility shall
include in the consolidated bill all required bill content information
furnished by the non-billing CRES provider. (2) An entity ordered by the commission
to provide any bill content, message, insert, or notice remains responsible to
provide such information to its customers, although the information may be
provided through the consolidated bill. (H) Partial payment
priority. (1) A customer's
partial payment shall be credited in the following order: (a) Billed and past due CRES provider charges, or, if applicable,
CRES provider payment arrangement or past due CRES provider budget
billing. (b) Billed and past due electric utility distribution, standard
offer generation, and transmission charges or, if applicable, electric utility
payment arrangement or past due electric utility budget billing. (c) Billed and due current electric utility distribution and
transmission charges or current electric utility budget billing. (d) Billed and due current CRES provider charges or current CRES
provider budget billing. (e) Other past due and current charges for non-jurisdictional
services, excluding CRES charges. (2) Exceptions to the
partial payment priority. Payments in full of the undisputed amount related to a bona fide
dispute do not constitute partial payments. Payments made on accounts for which
there is a bona fide dispute shall be credited to the undisputed portion of the
account. (I) Upon the customer's switch from
a CRES provider, the billing party shall identify for the customer and state on
the bill the date after which the billing party will no longer remit payments
to the previous CRES provider and include any outstanding balance due the
previous CRES provider. (J) Any electric utility wishing to issue
consolidated billing statements online shall follow the listed
guidelines: (1) A customer shall not
be required to use online billing. (2) No enrollment or
usage fees shall be assessed to a customer who chooses to receive bills and/or
customer information online. (3) The electric utility shall maintain a
secure and encrypted site that is to be accessed only by the customer of record
after completing a secure registration process. (4) Any fees to accept online payments
shall be clearly disclosed in payment window(s). (5) Any payment made online shall be
credited to the customer's account as of the date received. (6) If a customer chooses to use online
billing, the customer shall not be restricted to making payments online in the
future. All payment methods shall continue to be available to the
customer.
Last updated April 8, 2024 at 8:34 AM
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Rule 4901:1-10-34 | Compliance with PURPA.
(A) For purposes of this rule, the
following definitions apply: (1) "Day-ahead
energy market" means the day-ahead hourly forward market in which
participants offer to sell and bid to buy energy. (2) "Locational marginal price"
means the hourly integrated market clearing price for energy at the location
the energy is delivered or received. (3) "PURPA" means the Public
Utility Regulatory Policies Act of 1978, as amended by the Energy Policy Act of
2005, at 16 U.S.C.S. Section 824a-3. (4) "Qualifying facility" means
a small power producer and/or cogenerator that meets the criteria specified by
the federal energy regulatory commission in 18 C.F.R. Sections 292.203(a) and
(b). (5) "RTO/ISO" means the
regional transmission organization or independent system operator. (B) The purpose of this rule is to
implement a standard market-based rate for electricity transactions between
EDUs and qualifying facilities as provided by PURPA, specifically for small
power production facilities and cogeneration facilities. (C) Except to the extent consistent with
the voluntary negotiated agreement pursuant to paragraph (I) of rule
4901:1-10-34 of the Administrative Code, the rates paid by each EDU in Ohio to
purchase energy from qualifying facilities that have a net capacity of five
megawatts or less shall be set in accordance with paragraph (L) of rule
4901:1-10-34 of the Administrative Code. (D) An EDU's qualifying facility
energy purchase obligation shall not be abrogated by the establishment of a
power procurement auction mechanism within the EDU's standard service
offer supply framework. The energy provided to the EDU by a qualifying facility
supplier shall not be included as part of the product being offered through a
competitive auction process. (E) All qualifying facilities must
operate their interconnected facilities pursuant to the operating requirements
of the RTO/ISO and in accordance with the EDU's specifications for
interconnection and parallel operation. (F) All qualifying facilities
interconnecting at the distribution level must comply with the guideless set
forth in Chapter 4901:1-22 of the Administrative Code, as well as the standard
interconnection agreement by the EDU. (G) All qualifying facilities
interconnected at the transmission level must comply with the RTO/ISO's
policies and procedures for interconnection, including interconnection
procedures for small generators. (H) Nothing in this rule shall affect,
modify, or amend the terms and conditions of any existing qualifying
facility's contract with an EDU. (I) A qualifying facility may elect to
execute a negotiated contract with the EDU instead of selling the electrical
output of the qualifying facility at the standard market-based
rate. (J) The terms of the contract may take
into account, among other factors, a utility's system costs, contract
duration, qualifying facility availability during daily or system peaks,
whether the utility avoids costs from the daily or system peaks, and costs or
savings from line losses. Any such contract shall be subject to approval by the
commission within one hundred twenty days of its filing with the
commission. (K) The EDU or the qualifying facility
may seek alternative dispute resolution of any disputes which may arise out of
the EDU tariffs filed under this chapter, in accordance with Chapter 4901:1-26
of the Administrative Code. (L) Energy payments to qualifying
facilities shall be based on the locational marginal price at the
RTO/ISO's pricing node that is closest to the qualifying facility's
points of injection, or at a relevant trading hub or zone. (M) The EDUs shall file a report in
accordance with the market monitoring rules set forth in rule 4901:1-25-02 of
the Administrative Code, detailing the qualifying facility activity in the
EDU's service territory that includes the following: (1) The name and address
of each owner of a qualifying facility. (2) The address of the
location of each qualifying facility. (3) A brief description
of the type of each qualifying facility. (4) The date of
installation and the on-line date of each qualifying facility. (5) The design capacity
of each qualifying facility. (6) A discussion
identifying any qualifying facility that was denied interconnection by the EDU,
including a statement of reasons for such denial.
Last updated April 8, 2024 at 8:34 AM
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Rule 4901:1-10-35 | Disclosures of renewable energy resource, energy efficiency, and peak demand reduction compliance costs.
(A) For purposes of this rule, the
following definitions apply: (1) "Energy
efficiency" has the meaning set forth in paragraph (N) of rule
4901:1-39-01 of the Administrative Code. (2) "Renewable
energy resource" has the meaning set forth in division (A)(37) of section
4928.01 of the Revised Code. (B) Each electric distribution utility
(EDU) shall list on all customer bills sent by the EDU, the individual customer
cost of compliance for paragraphs (B)(1), (B)(2), and (B)(3) of this rule for
the applicable billing period. Consolidated bills set by the EDU, which include
supplier charges, shall include the EDU's individual customer cost of
compliance for paragraphs (B)(1), (B)(2) and (B)(3) of this rule for the
applicable billing period. (1) The renewable energy
resource requirement under section 4928.64 of the Revised Code. This cost shall
be calculated as the sum of the following: (a) The customer's usage in megawatt-hours for the
applicable billing period, multiplied by the statutory solar percentage
requirement pursuant to division (B)(2) of section 4928.64 of the Revised Code
for the year in which the bill is issued, multiplied by the average of the Ohio
solar and other solar renewable energy credit (REC) costs for EDUs as reported
in the commission's most recent compliance report provided to the general
assembly; and (b) The customer's usage in megawatt-hours for the
applicable billing period, multiplied by the statutory non-solar percentage
requirement pursuant to division (B)(2) of section 4928.64 of the Revised Code
for the year in which the bill is issued, multiplied by the average of the Ohio
non-solar and other non-solar REC costs for EDUs as reported by the
commission's most recent compliance report provided to the general
assembly. The statutory non-solar requirement shall equal the total statutory
renewable requirement net of the solar requirement. (c) In the event that the commission's compliance report
provided to the general assembly does not include separate REC costs for Ohio
and other resources, the EDU solar and EDU non-solar REC costs as presented in
the report should be inserted into the calculation where
applicable. (2) The energy efficiency
savings requirements under section 4928.66 of the Revised Code. This cost shall
be calculated as follows: (a) The customer's usage in kilowatt-hours for the
applicable billing period multiplied by the currently effective energy
efficiency/peak demand reduction rider that is applicable to the customer,
exclusive of any amounts related to collection of lost distribution
revenue. (b) The amount from paragraph (B)(2)(a) of this rule shall be
multiplied by the proportion of the energy efficiency/peak demand reduction
rider that is associated with energy efficiency savings requirement compliance
costs. For purposes of calculating this proportion, all costs represented in
the energy efficiency/peak demand reduction rider shall be allocated either to
energy efficiency requirements compliance or peak demand reduction requirements
compliance. Alternatively, the EDU may multiply the amount from paragraph
(B)(2)(a) of this rule by eighty per cent. (3) The peak demand
reduction requirements under section 4928.66 of the Revised Code. This cost
shall be calculated as follows: (a) The customer's usage in kilowatt-hours for the
applicable billing period shall be multiplied by the currently effective energy
efficiency/peak demand reduction rider that is applicable to the customer,
exclusive of any amounts related to collection of lost distribution
revenue. (b) The amount from paragraph (B)(3)(a) of this rule shall be
multiplied by the proportion of the energy efficiency/peak demand reduction
requirement rider that is associated with peak demand reduction requirements
compliance costs. For the purpose of calculating this proportion, all costs
represented in the energy efficiency/peak demand reduction rider shall be
allocated either to the energy efficiency requirements compliance or peak
demand reduction requirements compliance. Alternatively, the EDU may multiply
the amount from paragraph (B)(3)(a) of this rule by twenty per
cent. (4) Each of these costs
shall be listed on each customer's monthly bill as a distinct line
item.
Last updated April 8, 2024 at 8:34 AM
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