(A) Pursuant to division (A) of section
4929.163 of the Revised Code, a natural gas company may file, prior to
beginning construction, for approval of an economic development project through
an economic development project notice with the commission's docketing
division. This notice shall contain the following information:
(1) The name and location
of the project.
(2) A background of the
subject company of the economic development project.
(3) The level of total
investment and capital expenditure by the subject company and the economic
development impact. This description shall contain the following
(a) Estimated state and local taxable base increase.
(b) Anticipated number of new jobs created and jobs retained by
(c) Description of the community served and the benefits to that
(4) To the maximum extent
practicable, a description of other potential locations that may compete with
the proposed location, including the type, location, and time frame of
potentially competing projects.
(5) The level of
infrastructure investment anticipated by the natural gas company. This
description shall contain the following information:
(a) A description of how the infrastructure development costs are
projected to generate a return less than the most recently authorized rate of
(b) A description of how the utility will not exceed the one
dollar and fifty cents recovery cap on a monthly basis from any single customer
in this state.
(6) The support for the project by an economic development
entity or chamber of commerce.
(B) Following its review of the
information set forth in paragraph (A) of this rule, and any other information
consistent with section 4929.163 of the Revised Code, the commission may
approve a project if the infrastructure development costs for the project are
projected to generate a return on the company's investment that is less
than the most recently authorized rate of return.
(C) A notice filed pursuant to division
(A) of section 4929.163 of the Revised Code shall be deemed automatically
approved on the thirtieth day after the date of the notice filing unless the
notice filing is suspended by the commission for good cause shown. If the
notice filing is suspended, the commission shall approve, deny, modify, or hold
a hearing on the notice filing not later than forty-five days after the date
that the suspension begins.