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| Rule |
Rule 4901:1-38-01 | Definitions.
(A) "Affidavit" means a written
declaration made under oath before a notary public or other authorized
officer. (B) "Commission" means the
public utilities commission of Ohio. (C) "Delta revenue" means the
deviation resulting from the difference in rate levels between the otherwise
applicable rate schedule and the result of any reasonable arrangement approved
by the commission. (D) "Electric utility" has the
meaning set forth in division (A)(11) of section 4928.01 of the Revised
Code. (E) "Energy efficiency production
facilities" means any customer that manufactures or assembles products
that promote the more efficient use of energy (i.e., increase the ratio of
energy end use services (i.e., heat, light, and drive power) derived from a
device or process to energy inputs necessary to derive such end use services as
compared with other devices or processes that are commonly installed to derive
the same energy use services); or, any customer that manufactures, assembles or
distributes products that are used in the production of clean, renewable
energy. (F) "Mercantile customer" has
the meaning set forth in division (A)(19) of section 4928.01 of the Revised
Code. (G) "Nonfirm electric service"
means electric service provided pursuant to a schedule filed under section
4905.30 or 4928.141 of the Revised Code, or pursuant to an arrangement under
section 4905.31 of the Revised Code, which schedule or arrangement includes
conditions that may require the customer to curtail or interrupt electric usage
during nonemergency circumstances upon notification by the electric
utility. (H) "Staff" means the staff of
the commission or its authorized representative.
Last updated June 20, 2023 at 9:25 AM
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Rule 4901:1-38-02 | Purpose and scope.
(A) The purpose of this chapter is to facilitate the state's effectiveness in the global economy, to promote job growth and retention in the state, to ensure the availability of reasonably priced electric service, to promote energy efficiency and to provide a means of giving appropriate incentives to technologies that can adapt successfully to environmental mandates in furtherance of the policy of the state of Ohio embodied in section 4928.02 of the Revised Code. (B) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.
Last updated February 28, 2023 at 10:25 AM
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Rule 4901:1-38-05 | Unique arrangements.
(A) An electric utility may file an
application pursuant to section 4905.31 of the Revised Code for commission
approval of a reasonable arrangement with one or more of its non-mercantile
customers, consumers, or employees. (1) An electric utility
filing an application for commission approval of a reasonable arrangement with
one or more of its customers, consumers, or employees bears the burden of proof
that the proposed arrangement is reasonable and does not violate the provisions
of sections 4905.33 and 4905.35 of the Revised Code, and shall submit an
affidavit from a company official as to the veracity of the information
provided. (2) Upon the filing of an
application for a reasonable arrangement, the commission may fix a time and
place for a hearing if the application appears to be unjust or
unreasonable. (B) A mercantile customer, or a group of
mercantile customers, of an electric utility may file an application for
commission approval of a reasonable arrangement with the electric
utility. (1) Each customer
requesting to take service pursuant to a reasonable arrangement with the
electric utility has the burden of proof that, at a minimum the arrangement is
in the public interest. (2) A mercantile customer
filing an application for commission approval of a reasonable arrangement has
the burden of proof that the proposed arrangement is reasonable and does not
violate the provisions of sections 4905.33 and 4905.35 of the Revised
Code. (3) Upon the filing of an
application for a reasonable arrangement, the commission may fix a time and
place for a hearing if the application appears to be unjust or
unreasonable. (C) The applicant may describe how the
reasonable arrangement will further the policy of the state of Ohio embodied in
section 4928.02 of the Revised Code. (D) Reasonable arrangements shall reflect
terms and conditions for circumstances for which the electric utility's
tariffs have not already provided. (E) Customer information provided to the
electric utility to obtain a reasonable arrangement shall be treated by the
electric utility as confidential, with the exception of customer names and
addresses, which may be disclosed in filings with the commission. (F) Affected parties may file a motion to
intervene and file comments and objections to any application filed under this
rule within twenty days of the date of the filing of the
application.
Last updated June 20, 2023 at 9:25 AM
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Rule 4901:1-38-06 | Reporting requirements.
(A) Each electric utility shall require
each of its customers served under any reasonable arrangement established
pursuant to this chapter to submit an annual report to the electric utility and
staff and file an annual report with the commission no later than April
thirtieth of each year. The format of that report, to be determined by staff,
should ensure a determination of the compliance with the eligibility criteria
can be made, the value of any incentives received by the customer(s) are
identified, and the potential impact on other customers can be
calculated. (B) The burden of proof to demonstrate
ongoing compliance with the reasonable arrangement lies with the customer(s).
The electric utility shall summarize the reports provided by customers under
paragraph (A) of this rule and submit such summary to staff for review and
audit no later than June fifteenth of each year.
Last updated June 20, 2023 at 9:25 AM
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Rule 4901:1-38-07 | Level of incentives.
(A) The level of the incentives
associated with any reasonable arrangement established pursuant to this chapter
will be determined as part of the commission's review and approval of the
applications filed pursuant to this chapter. Incentives will only be applicable
to the service(s) taken from the electric utility by the customer receiving the
incentives. (B) Incentives may be based on, but not
limited to: (1) Demand
discounts. (2) Percentages of total
bills, or portions of bills. (3) Direct
contributions. (4) Reflections of cost
savings to the electric utility. (5) Shared
savings. (6) Some combination of
the required criteria. (C) Where the calculation of delta
revenue under any reasonable arrangement under rule 4901:1-38-05 of the
Administrative Code requires consideration of a customer's generation
charges, the customer will be billed using utility-consolidated
billing.
Last updated June 20, 2023 at 9:25 AM
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Rule 4901:1-38-08 | Revenue recovery.
(A) Each electric utility that is serving
customers pursuant to approved reasonable arrangements, may apply for a rider
for the recovery of certain costs associated with its delta revenue for serving
those customers pursuant to reasonable arrangements in accordance with the
following: (1) The electric utility may request
recovery of direct incremental administrative costs related to the programs as
part of the rider. Such cost recovery may, as ordered by the commission, be
subject to audit, review, and approval by the commission. (2) For reasonable arrangements in which
incentives are given based upon cost savings to the electric utility
(including, but not limited to, nonfirm arrangements, on/off peak pricing,
seasonal rates, time-of-day rates, real-time-pricing rates), the cost savings
will be an offset to the recovery of the delta revenues. (3) The amount of the revenue recovery
rider will be spread to all customers in proportion based on the current
revenue distribution between and among classes. The electric utility shall file
the projected impact of the proposed rider on all customers, by customer
class. (4) The rider shall be updated and
reconciled, by application to the commission, semiannually. All data submitted
in support of the rider update is subject to commission review and
audit. (B) If it appears to the commission that
the proposals in the application may be unjust and unreasonable, the commission
will set the matter for hearing. At such hearing, the electric utility will
bear the burden of proof to show that the revenue recovery rider proposal in
the application is just and reasonable. (C) Affected parties may file a motion to
intervene and file comments and objections to any application filed under this
rule within twenty days of the date of the filing of the
application.
Last updated June 20, 2023 at 9:25 AM
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Rule 4901:1-38-09 | Failure to comply.
(A) If the customer being provided with service pursuant to a reasonable arrangement established pursuant to this chapter fails to substantially comply with any of the criteria for eligibility or fails to substantially comply with reporting requirements, the electric utility, after reasonable notice to the customer, shall terminate the arrangement unless otherwise ordered by the commission. (B) The commission may also direct the electric utility to charge the customer for all or part of the incentives previously provided by the electric utility. (C) If the customer is required to pay for all or part of the incentives previously provided, the recovered amounts shall be reflected in the calculation of the revenue recovery rider established pursuant to rule 4901:1-38-08 of the Administrative Code.
Last updated July 13, 2023 at 2:28 PM
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