Ohio Revised Code Search

...may file a complaint regarding pole attachment disputes with respect to sections 4926.01 to 4926.60 of the Revised Code with the court of commons pleas of the county in which the cooperative's Ohio headquarters is located.

...urt of common pleas of the county in which an electric cooperative's Ohio headquarters is located has jurisdiction to hear complaints and to grant remedies with respect to sections 4926.01 to 4926.60 of the Revised Code regarding attachment disputes for which a complaint is filed.

...ept that a complaint regarding pole attachment disputes with respect to sections 4926.01 to 4926.60 of the Revised Code is not subject to general venue provisions in Civil Rule 3 of the Rules of Civil Procedure. To that extent only, such proceedings shall be deemed a special statutory proceeding under division (C)(8) of Civil Rule 1 of the Rules of Civil Procedure. Venue for such a proceeding shall lie only in the ...

...f the Revised Code regarding a pole attachment complaint filed with respect to sections 4926.01 to 4926.60 of the Revised Code, the court shall determine, and a complainant shall establish, by a preponderance of the evidence, each of the following: (A) That any rate, term, or condition complained of is not just and reasonable or a denial of access was unlawful. (B) If the complaint concerns any rate, term, or con...

...(A) The complainant under section 4926.39 of the Revised Code has the burden of establishing a prima facie case that the rate, term, or condition complained of is not just and reasonable or that the denial of access was unlawful. (B) In a case involving a denial of access, the electric cooperative has the burden of establishing, by a preponderance of the evidence, that the denial was lawful, once a prima facie case...

...In a complaint filed under section 4926.39 of the Revised Code, if an electric cooperative claims that the proposed rate is lower than its incremental costs, the cooperative has the burden of establishing, by a preponderance of the evidence, its incremental costs.

...here is a rebuttable presumption that each of the following is just and reasonable: (A) The time frame to grant or deny access, if it is within the time frame established by the federal communications commission; (B) The process for make-ready work, if it is in accordance with the process for make-ready work under 47 U.S.C. 224 and the federal communications commission orders and regulations implementing that sec...

...on; (2) Require entry into a pole attachment agreement on just and reasonable rates, terms, and conditions; (3) Require access to poles as provided under sections 4926.06 to 4926.36 of the Revised Code; (4) Substitute in the pole attachment agreement the just and reasonable rate, term, or condition established by the court; (5) Order a refund or payment, as appropriate. (B) A refund or payment ordered under...

...A court of common pleas determination resolving a complaint under sections 4926.39 to 4926.57 of the Revised Code shall be issued in the form of a final appealable order.

...Code and excludes a retail natural gas supplier. (H) "Person," except as provided in division (N) of this section, has the same meaning as in section 1.59 of the Revised Code, and includes this state and any political subdivision, agency, or other instrumentality of this state and includes the United States and any agency or other instrumentality of the United States. (I) "Billing or collection agent" means a...

...ppliers, by giving consumers effective choices over the selection of those supplies and suppliers; (4) Encourage innovation and market access for cost-effective supply- and demand-side natural gas services and goods; (5) Encourage cost-effective and efficient access to information regarding the operation of the distribution systems of natural gas companies in order to promote effective customer choice of natu...

...ion of the public utilities commission. Chapter 4905. with the exception of section 4905.10, Chapter 4909., Chapter 4935. with the exception of sections 4935.01 and 4935.03, and sections 4933.08, 4933.09, 4933.11, 4933.123, 4933.17, 4933.28, and 4933.32 of the Revised Code do not apply to any other service or goods provided by a natural gas company. Nothing in this chapter prevents the commission from exercising its...

...rmine whether a natural gas company has failed to comply with a separation plan or code of conduct prescribed under division (E) of this section. If, after notice and hearing as provided in section 4905.26 of the Revised Code, the commission is of the opinion that a natural gas company has failed to comply with such a plan or code, the commission may do any of the following: (1) Issue an order directing the company ...

...ans an exemption from all provisions of Chapter 4905. of the Revised Code with the exception of sections 4905.10, 4905.35, and 4905.90 to 4905.96 of the Revised Code, Chapters 4909., 4933., and 4935. of the Revised Code, with the exception of section 4935.03 of the Revised Code, and from any rule or order issued under the exempted provisions of those chapters. (B) The public utilities commission, upon an appli...

...A natural gas company shall notify the public utilities commission in writing before converting the use of any gathering facilities described in division (B)(2) of section 4929.041 of the Revised Code.

...rease in rates. After investigation, which may include a hearing at the discretion of the public utilities commission, the commission shall authorize the applicant to implement an alternative rate plan if the natural gas company has made a showing and the commission finds that all of the following conditions are met: (1) The natural gas company is in compliance with section 4905.35 of the Revised Code and is ...

...iate or continue a revenue decoupling mechanism shall be considered an application not for an increase in rates if the rates, joint rates, tolls, classifications, charges, or rentals are based upon the billing determinants and revenue requirement authorized by the public utilities commission in the company's most recent rate case proceeding and the plan also establishes, continues, or expands an energy efficien...

...In carrying out sections 4929.04 and 4929.05 of the Revised Code, the public utilities commission may prescribe different classifications, procedures, terms, or conditions for different natural gas companies and for the natural gas services they provide, provided the classifications, procedures, terms, or conditions are reasonable and do not confer any undue economic, competitive, or market advantage or preference up...

...section 4903.10 of the Revised Code, whichever is later, the natural gas company shall do either of the following: (1) File with the public utilities commission a notice of its intention to implement the exemption or alternative rate plan as directed by the commission in its order, and a copy of its revised rate schedules; (2) Withdraw its exemption application or alternative rate plan request if the commission mod...

...29.05 of the Revised Code, ass to any such company, the commission, upon its own motion or upon the motion of any person adversely affected by such exemption or alternative rate regulation authority, and after notice and hearing and subject to this division, may abrogate or modify any order granting such an exemption or authority only under both of the following conditions: (1) The commission determines that the fin...

...dered in the determination of rates and charges for the company's nonexempt services, including rates and charges determined pursuant to section 4905.302 of the Revised Code.

...ion shall adopt rules to carry out this chapter. Initial rules shall be adopted within one hundred eighty days after the effective date of this section.

...n may allow any automatic adjustment mechanism or device in a natural gas company's rate schedules that allows a natural gas company's rates or charges for a regulated service or goods to fluctuate automatically in accordance with changes in a specified cost or costs. (B) Upon an application filed under section 4909.18 or 4929.05 of the Revised Code, the commission may allow any automatic adjustment mechanism...

...all, upgrade, or replace information technology systems; (3) Any program reasonably necessary to comply with any rules, regulations, or orders of the commission or other governmental entity having jurisdiction. (B) An application submitted under division (A) of this section shall specify the total cost of the capital expenditure program. (C) If the commission finds that the capital expenditure program is con...

...Except as otherwise provided in the amendment of sections 4901.12, 4905.02, 4905.07, 4905.35, 4911.10, and 5727.33 and the enactment of sections 4929.01 to 4929.15 of the Revised Code by House Bill No. 476 of the 121st general assembly, the general assembly does not intend any modification to the existing powers of the public utilities commission under Title XLIX of the Revised Code.