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Ohio Revised Code Search

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Broadcast Educational Media Commission
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Section 4905.70 | Energy conservation programs.

...The public utilities commission shall initiate programs that will promote and encourage conservation of energy and a reduction in the growth rate of energy consumption, promote economic efficiencies, and take into account long-run incremental costs. Notwithstanding sections 4905.31, 4905.33, 4905.35, and 4909.151 of the Revised Code, the commission shall examine and issue written findings on the declining block rate ...

Section 4905.71 | Filing tariffs for charges for attachment to pole or conduit use of equipment.

... file tariffs with the public utilities commission containing the charges, terms, and conditions established for such use. (B) The commission shall regulate the justness and reasonableness of the charges, terms, and conditions contained in any such tariff, and may, upon complaint of any persons in which it appears that reasonable grounds for complaint are stated, or upon its own initiative, investigate such charges,...

Section 4905.72 | Changes in provider of natural gas service or public telecommunications service to consumer.

...h rules adopted by the public utilities commission pursuant to division (D) of this section. (2) No public utility shall violate or fail to comply with any provision of a rule adopted by the commission pursuant to division (D) of this section or any provision of an order issued by the commission pursuant to division (B) or (C) of section 4905.73 of the Revised Code. (C)(1) Division (B) of this section does not appl...

Section 4905.73 | Jurisdiction.

...(A) The public utilities commission, upon complaint by any person or complaint or initiative of the commission, has jurisdiction under section 4905.26 of the Revised Code regarding any violation of division (B) of section 4905.72 of the Revised Code by a public utility. (B) Upon complaint or initiative under division (A) of this section, if the commission finds, after notice and hearing pursuant to section 49...

Section 4905.74 | Persistent practice or pattern of violative conduct.

...No public utility shall knowingly engage in a persistent practice or pattern of conduct of violating division (B) of section 4905.72 of the Revised Code.

Section 4905.75 | Payments to agent not considered past due.

...If a customer makes payment on or before the due date of a bill to an agent designated or authorized by the public utility to accept payment, the payment shall not be considered past due regardless of whether or not it is received in the company offices by the due date.

Section 4905.79 | Tax credits for costs of service to aid communicatively impaired.

..., as authorized by the public utilities commission, any affiliate of such a company, that provides any telephone service program implemented after March 27, 1991, to aid persons with communicative impairments in accessing the telephone network shall be allowed a tax credit for the costs of any such program under section 5733.56 of the Revised Code. Relative to any such program, the commission, in accordance with its ...

Section 4905.80 | State policy regarding motor carriers.

...The policy of this state is to: (A) Regulate transportation by motor carriers so as to recognize and preserve the inherent advantages of, and foster safe conditions in, that transportation and among those carriers in the public interest; (B) Promote safe and secure service by motor carriers, without unjust discriminations, undue preferences or advantages, and unfair or destructive competitive practices; (C) ...

Section 4905.81 | Duties of public utilities commission.

...The public utilities commission shall: (A) Supervise and regulate each motor carrier; (B) Regulate the safety of operation of each motor carrier, and of each intermodal equipment provider as defined in section 4923.041 of the Revised Code; (C) Adopt reasonable safety rules applicable to the highway transportation of persons or property in interstate and intrastate commerce by motor carriers; (D) Adopt safety rule...

Section 4905.84 | Annual assessment to pay for TRS service.

...ntity selected by the public utilities commission as the provider of telecommunications relay service for this state as part of the commission's intrastate telecommunications relay service program certified pursuant to federal law. (B) For the sole purpose of funding telecommunications relay service, the commission shall, not earlier than January 1, 2009, impose on and collect from each service provider that i...

Section 4905.86 | Sulfur dioxide emission allowances.

...ric light company, the public utilities commission shall provide information and assistance to the electric light company in obtaining any bonus, extension, or other Phase I sulfur dioxide emission allowance that the company may be eligible to receive from the administrator of the United States environmental protection agency under Title IV of the "Clean Air Act Amendments of 1990," 104 Stat. 2584, 42 U.S.C.A. 7651.

Section 4905.87 | Biomass energy program fund.

...ergy program fund, the public utilities commission shall maintain a program to promote the development and use of biomass energy. (B) The biomass energy program fund is hereby created in the state treasury. Money received by the commission for the program maintained under this section shall be credited to the fund, and used for that program.

Section 4905.90 | Natural gas pipeline safety standards definitions.

...does not authorize the public utilities commission to relieve any producer of gas, as a gas company or natural gas company, of compliance with sections 4905.90 to 4905.96 of the Revised Code or the pipe-line safety code created under section 4905.91 of the Revised Code; (2) A pipe-line company, as defined in section 4905.03 of the Revised Code, when engaged in the business of transporting gas by pipeline; (3) A pub...

Section 4905.91 | Intrastate gas pipe-lines.

...y operator: (A) The public utilities commission shall: (1) Adopt, and may amend or rescind, rules to carry out sections 4905.90 to 4905.96 of the Revised Code, including rules concerning pipe-line safety, drug testing, and enforcement procedures. The commission shall adopt these rules only after notice and opportunity for public comment. The rules adopted under this division and any orders issued under secti...

Section 4905.911 | Compliance with federal design requirements.

...his section: (a) The public utilities commission shall require an operator of either of the following types of pipelines that was completely constructed on or after September 10, 2012, and that transports gas produced by a horizontal well to comply with the applicable pipe design requirements of 49 C.F.R. 192 subpart C: (i) A gas gathering pipeline; (ii) A processing plant gas stub pipeline. (b) The commissi...

Section 4905.92 | Assessments against operators - pipe-line safety fund.

... the Revised Code, the public utilities commission shall assess against all operators an amount equal to the appropriation in each fiscal year from the pipe-line safety fund. The assessment against each operator shall be based on the total Mcfs of gas it supplied or delivered in this state during the calendar year next preceding the assessment. The commission shall not assess against any operator an amount exceeding ...

Section 4905.93 | Duties of operator.

...rovide any information and evidence the commission requires to administer and enforce sections 4905.90 to 4905.96 of the Revised Code and the pipe-line safety code; (C) Permit officers, employees, and agents of the commission to enter and inspect the operator's premises, and its intrastate pipe-line transportation; and inspect, examine, and copy its books, papers, records, contracts, and other relevant documents, as...

Section 4905.94 | Operator of master-meter system.

...system or pipe-line facility poses an immediate or significant danger to life or health which requires immediate corrective action to protect the public safety; (b) That the operator of the master-meter system has not taken immediate and sufficient corrective action. A natural gas company that so terminates service shall provide the operator of the master-meter system or its agent with personal notice, or with writ...

Section 4905.95 | Notices, hearings and orders of commission.

...portation facility posing a clear and immediate danger to life or health or threatening a significant loss of property and requiring immediate corrective action to protect the public safety, the commission may issue, without notice or prior hearing, an order reciting its finding and may direct the attorney general to seek the remedies provided in section 4905.96 of the Revised Code. The order shall remain in ef...

Section 4905.96 | Civil action against operator.

...est of or order by the public utilities commission, the attorney general shall bring a civil action against an operator in the name of the state to enforce orders of the commission issued under section 4905.95 of the Revised Code, including orders assessing forfeitures under division (B)(1) of that section, and for other appropriate relief, including a temporary restraining order or a preliminary or permanent injunct...

Section 4905.99 | Penalty.

...(A) Whoever violates section 4905.52 of the Revised Code shall be fined not less than fifty nor more than five hundred dollars. (B) Whoever violates section 4905.56 of the Revised Code is guilty of a felony of the fifth degree. (C) Whoever violates section 4905.74 of the Revised Code is guilty of a misdemeanor of the third degree.

Section 4907.01 | Definitions.

...As used in sections 4907.01 to 4907.63 of the Revised Code: (A) "Public utility" has the same meaning as in section 4905.02 of the Revised Code. (B) "Telephone company," "street railway company," and "interurban railroad company" have the same meanings as in section 4905.03 of the Revised Code. (C) "Railroad" has the same meaning as in section 4907.02 of the Revised Code. (D) "Public highway" has the same m...

Section 4907.02 | Railroad defined.

...cers and agents. The public utilities commission has the power of supervision and control of express companies, water transportation companies, and interurban railroad companies to the same extent as railroads.

Section 4907.03 | Regulation of service.

...Regulation of service applicable to railroads shall include: (A) The transportation of passengers and property between points within this state; (B) The receiving, switching, delivering, storing, and handling of such property; (C) All charges connected with divisions (A) and (B) of this section, including icing charges and mileage charges; (D) All railroad companies, sleeping car companies, equipment companies, e...

Section 4907.04 | Exception.

...Chapters 4901., 4903., 4905., 4907., and 4909. of the Revised Code do not apply to street and electric railways engaged solely in the transportation of passengers within the limits of cities, or to other private railroads not doing business as common carriers.

Section 4909.053 | Appraisals.

...Each utility-valuation expert employed under section 4909.052 of the Revised Code shall return the appraisal required under that section, in writing, to both companies described in that section in a reasonable and timely manner. All appraisals shall be included in any filing associated with the acquisition under section 4905.481 or 4909.052 of the Revised Code.

Section 4909.054 | List of utility-valuation experts.

... the Revised Code, the public utilities commission shall maintain a list of utility-valuation experts from which a water-works or sewage disposal system company may choose. The commission shall be responsible for creating and maintaining reasonable criteria that must be met to be included in the list.

Section 4909.055 | Cost of obtaining valuations.

...r as determined by the public utilities commission. In determining the prudence of costs under this section, the commission shall give due regard to the circumstances of the case, including the size and complexity of, and any particular difficulties associated with, the valuation.

Section 4909.057 | Deferral of post-in-service carrying costs.

...acquiring company, the public utilities commission may authorize the acquiring company to defer post-in-service carrying costs on any improvements made to the company that is acquired after an acquisition described in section 4909.052 of the Revised Code. Such costs shall be calculated at the acquiring company's weighted average cost of debt as determined in its last rate case. Such deferrals shall commence after the...

Section 4909.059 | Construction of sections.

...Sections 4905.481, 4905.49, 4905.491, and 4909.051 to 4909.057 of the Revised Code shall be exclusively applied to voluntary and mutually agreeable acquisitions.

Section 4909.06 | Additional facts.

...e shall show, when the public utilities commission deems it necessary, the amounts, dates, and rates of interest of all bonds outstanding against each public utility or railroad, the property upon which such bonds are a lien, the amounts paid for them, and, the original capital stock and the moneys received by any such public utility or railroad by reason of any issue of stock, bonds, or other securities. Such report...

Section 4909.07 | Revision and correction of valuations.

...The public utilities commission, during the making of the valuation provided for in sections 4909.04 to 4909.13 of the Revised Code, and after its completion, shall in like manner keep itself informed through its engineers, experts, and other assistants of all extensions, improvements, or other changes in the condition and value of the property of all public utilities or railroads and shall ascertain the value of suc...

Section 4909.08 | Notice and hearing before valuation becomes final.

...When the public utilities commission has completed the valuation of the property of any public utility or railroad and before such valuation becomes final, it shall give notice by registered letter to such public utility or railroad, and if a substantial portion of said public utility or railroad is situated in a municipal corporation, then to the mayor of such municipal corporation, stating the valuations placed upo...

Section 4909.09 | Ascertainment of valuation.

...on is imposed upon the public utilities commission to ascertain the value of any public utility or railroad, such valuation shall be made in accordance with sections 4901.01 to 4901.14, 4901.17 to 4901.24, 4903.10, 4903.12 to 4903.19, and 4909.04 to 4909.15 of the Revised Code.

Section 4909.10 | Hearing to ascertain value of property - notice.

... public utilities, the public utilities commission may cause a hearing to be held at such time and place as the commission designates. Before any hearing is had, the commission shall give the public utility or railroad affected thereby, and if a substantial portion of said public utility or railroad is situated in any municipal corporation, then to the mayor of such municipal corporation, at least thirty days' writte...

Section 4909.11 | Filing and review of findings.

...The public utilities commission shall make and file its findings of fact in writing upon all matters, concerning which evidence has been introduced before it, which in its judgment have bearing on the value of the property of the public utility or railroad affected. Such findings shall be subject to review by the supreme court in the same manner and within the same time as other orders and decisions of the commission...

Section 4909.12 | Admissibility of findings in evidence.

...The findings of the public utilities commission made and filed under section 4909.11 of the Revised Code, when properly certified under the seal of the commission, are admissible in evidence in any action, proceeding, or hearing before the commission or any court, in which the commission, the state or any officer, department, or institution thereof, or any county, municipal corporation, or other body politic, and the...

Section 4909.13 | Additional hearings.

...The public utilities commission may cause further hearings and investigations to be had for the purpose of making revaluations or ascertaining the value of any betterments, improvements, additions, or extensions made by any public utility or railroad subsequent to any prior hearing or investigation, and may examine into all matters which may change, modify, or affect any finding of fact previously made, and may at su...

Section 4909.14 | Wrongful valuation.

...No member of the public utilities commission shall willfully overvalue the property of a public utility for the purpose of enabling such public utility to exact a higher rate for service than could lawfully be exacted, or willfully undervalue such property for the purpose of preventing such public utility from charging a lawful rate for such service.

Section 4909.15 | Fixation of reasonable rate.

...est period or the twelve-month period immediately following the test period, reasonably expected to occur. The utility shall identify and quantify, individually, any proposed adjustments. The commission shall incorporate the proposed adjustments into the determination if the adjustments are just and reasonable. (E) When the commission is of the opinion, after hearing and after making the determinations under divisi...

Section 4909.151 | Consideration of costs attributable to service.

...ny public utility, the public utilities commission may consider the costs attributable to such service. The utility shall file with the commission an allocation of the cost, except cost related to sparsity of population, for services for which a change in rates is proposed when evidence relating thereto is presented which indicates that the rate or rates do not generally reflect the cost of providing these services. ...

Section 4909.152 | Consideration of efficiency, sufficiency, adequacy of facilities.

...ny public utility, the public utilities commission may consider the efficiency, sufficiency, and adequacy of the facilities provided and the services rendered by the public utility, the value of such service to the public, and the ability of the public utility to improve such service and facility. If the commission determines that the facility or service is inefficient, insufficient, or inadequate, the commission ma...

Section 4909.153 | Hearing service complaints.

...ny public utility, the public utilities commission may hear service complaints, if any, that may be presented by customers and the public during any proceeding involving such rates, joint rates, tolls, classifications, charges, or rentals. No complaint shall be considered by the commission unless the public utility has been given notice of the complaint to be considered at the hearing. The notice shall be in writing ...

Section 4909.154 | Consideration of management policies, practices, and organization of public utility.

...ny public utility, the public utilities commission shall consider the management policies, practices, and organization of the public utility. The commission shall require such public utility to supply information regarding its management policies, practices, and organization. If the commission finds after a hearing that the management policies, practices, or organization of the public utility are inadequate, ineffic...

Section 4909.155 | Filing report on bonds, stock and money.

...ny public utility, the public utilities commission may require the utility to file a report showing: (A) The amounts, date of issuance, due date, terms, and rates of interest of all bonds and debentures outstanding against such utility; (B) The face value of any outstanding preferred stock and the stated value of all outstanding common stock issued by such utility; (C) The total amount of money received by such ut...

Section 4909.156 | Filing report showing property valuation.

...ny public utility, the public utilities commission shall, in action upon an application filed pursuant to section 4909.18 of the Revised Code, require a public utility to file a report showing the proportionate amounts of the valuation of the property of the utility, as determined under section 4909.042 or 4909.05 of the Revised Code, and the proportionate amounts of the revenues and expenses of the utility that are ...

Section 4909.159 | Financial information for forecasted test period from full books.

...pany's full books. The public utilities commission shall ensure appropriate protections against the disclosure of the company's trade secrets or proprietary information.

Section 4909.16 | Power to amend, alter, or suspend schedule of rates.

...When the public utilities commission deems it necessary to prevent injury to the business or interests of the public or of any public utility of this state in case of any emergency to be judged by the commission, it may temporarily alter, amend, or, with the consent of the public utility concerned, suspend any existing rates, schedules, or order relating to or affecting any public utility or part of any public utilit...

Section 4909.161 | Recovering increased excise tax levy and kilowatt-hour tax.

...e with an order of the public utilities commission. Any public utility required to pay any such increased excise tax levy may file with the public utilities commission revised rate schedules that will permit full recovery on an interim or permanent basis in its rates, of the amount of any resultant increased tax payments and the commission shall promptly act to approve such schedules. (B) Notwithstanding Chapters 49...

Section 4909.17 | Approval required for change in rate.

...e effective until the public utilities commission, by order, determines it to be just and reasonable, except as provided in this section and sections 4909.18, 4909.19, and 4909.191 of the Revised Code. Such sections do not apply to any rate, joint rate, toll, classification, charge, or rental, or any regulation or practice affecting the same, of railroads, street and electric railways, for-hire motor carriers,...