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

Rule 4901:1-39-04 | Program portfolio plan and filing requirements.


(A) Upon the expiration of any existing commission-approved program portfolio plans, each electric utility shall continue to implement a comprehensive energy efficiency and peak-demand reduction program portfolio, which was developed pursuant to the requirements of rule 4901:1-39-03 of the Administrative Code, and which will cost-effectively achieve the statutory benchmarks for energy efficiency and peak-demand reduction. No later than September first in the last year of an existing commission approved portfolio plan, and no later than September first each year thereafter, each electric utility shall file an updated program portfolio plan to be implemented in the following calendar year, unless otherwise directed by the commission.

(B) Each electric utility shall demonstrate that its program portfolio plan is cost-effective on a portfolio basis, based on the total resource cost test. In general, each program proposed within a program portfolio plan must also be cost-effective, although each measure within a program need not be cost-effective. However, an electric utility may include a program within its program portfolio plan that is not cost-effective pursuant to the total resource cost test when that program provides substantial non-energy benefits or the electric utility can demonstrate that an alternative cost test is more appropriate.

(C) Content of filing. An electric utility's program portfolio plan shall include, but not be limited to, the following:

(1) An executive summary and its assessment of potential pursuant to paragraph (A) of rule 4901:1-39-03 of the Administrative Code.

(2) A description of stakeholder participation in program planning efforts and program portfolio development. At a minimum, each electric utility shall conduct quarterly stakeholder meetings. At these meetings, the electric utility shall provide updates on the energy efficiency and peak demand reductions achieved by its programs, all costs incurred in implementation of its programs, and information about new programs or measures that it is considering. Additionally, the electric utility shall solicit input from stakeholders on existing and potential new programs.

(3) A description of attempts to align and coordinate programs with other public utilities programs.

(4) An analysis of existing programs. The electric utility shall provide a description of each existing program, and measures within the program, including an analysis of the success of the program and the electric utilitys rationale for continuing, modifying, or eliminating the program or measures within the program.

(5) A description of programs included in the portfolio plan. An electric utility shall describe each program included within its program portfolio plan with at least the following information:

(a) A narrative describing why the program is being included pursuant to the program design criteria in this chapter. For existing programs being retained from the prior portfolio plan, a reference to the analysis described in paragraph (C)(4) of this rule is sufficient.

(b) Program objectives, including projections and basis for calculating energy savings and/or peak-demand reduction resulting from the program.

(c) The targeted customer sector.

(d) The proposed duration of the program.

(e) An estimate of the level of program participation.

(f) Program participation requirements, if any.

(g) A description of the marketing approach to be employed, including whether the electric utility intends to make use of rebates or incentives offered through each program, and how it is expected to influence consumer choice or behavior.

(h) A description of the program implementation approach to be employed.

(i) A program budget with projected expenditures, identifying program costs to be borne by the electric utility and collected from its customers, with customer class allocation, when costs will be shared among customer classes.

(j) Participant costs, if any.

(k) A description of the plan for preparing reports that document the electric utility's evaluation, measurement, and verification of the energy savings and/or peak-demand reduction resulting from each program and the process evaluations conducted by the electric utility.

(D) An electric utility, as part of its filing, may request to adjust its sales and/or demand baseline. In making such an adjustment, the baseline shall be normalized for weather and for changes in numbers of customers, sales, and peak demand to the extent such changes are outside the control of the electric utility. The electric utility shall include in its application all assumptions, rationales, and calculations, and shall propose methodologies and practices to be used in any proposed adjustments or normalizations. To the extent approved by the commission, normalizations for weather, changes in numbers of customers, sales, and peak demand shall be consistently applied from year to year. The electric utility shall modify its baseline, on a going forward basis, to exclude load and usage characteristics of all opt-out customers and the customers in its certified distribution territory with a reasonable arrangement authorized by the commission pursuant to section 4905.31 of the Revised Code.

Supplemental Information

Authorized By: R.C. 4901.13, 4905.04, 4905.06, 4928.02, and 4928.66
Amplifies: R.C. 4928.66
Five Year Review Date: 3/26/2025
Prior Effective Dates: 12/10/2009