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Ohio Revised Code Search

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Section 4907.63 | Violation.

...r employee in an official capacity of a public utility or railroad shall knowingly violate section 4907.43 of the Revised Code, or willfully fail to comply with any lawful order or direction of the public utilities commission made with respect to any public utility or railroad. Each day's continuance of such failure is a separate offense.

Section 4907.99 | Penalty.

...7.63 of the Revised Code is guilty of a felony of the fifth degree.

Section 4909.01 | Public utilities commission - fixation of rates definitions.

...As used in this chapter: (A) "Public utility" has the same meaning as in section 4905.02 of the Revised Code. (B) "Electric light company," "gas company," "natural gas company," "pipeline company," "water-works company," "sewage disposal system company," and "street railway 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 ...

Section 4909.02 | Regulations and practices prescribed by commission prima-facie reasonable.

...f railroad companies prescribed by the public utilities commission shall be in force and be prima-facie reasonable, unless suspended or found otherwise in an action brought for that purpose pursuant to Chapters 4901., 4903., 4905., 4907., and 4909. of the Revised Code, or until changed or modified by the commission.

Section 4909.03 | Effect of rates fixed by commission.

...ates of railroad companies fixed by the public utilities commission shall be in force and be prima-facie lawful for two years from the day they take effect, or until changed or modified by the commission or by an order of a competent court in an action under Chapters 4901., 4903., 4905., 4907., and 4909. of the Revised Code.

Section 4909.04 | Valuation of property to determine justice of rates.

...(A) The public utilities commission, for the purpose of ascertaining the reasonableness and justice of rates and charges for the service rendered by public utilities or railroads, or for any other purpose authorized by law, may investigate and ascertain the value of the property of any public utility or railroad in this state used or useful for the service and convenience of the public, using the same criteria that a...

Section 4909.041 | Definitions.

...nt" is an agreement pursuant to which a public utility leasing property is required to make rental payments for the term of the agreement and either the utility is granted the right to purchase the property upon the completion of the term of the agreement and upon the payment of an additional fixed sum of money or title to the property vests in the utility upon the making of the final rental payment. (B) A "leaseba...

Section 4909.042 | Report of valuation of property for forecasted test period.

...ection 4909.18 of the Revised Code, the public utilities commission shall prescribe the form and details of the valuation report of the property of the utility. Such report shall include all the kinds and classes of property, with the value of each, owned, held, or projected to be owned or held during the test period, by the utility for the service and convenience of the public. (B) Such report shall contain the f...

Section 4909.05 | Report of valuation of property.

...is section: (A) With respect to every public utility, other than an electric light company that chooses to file a forecasted test period under section 4909.18 of the Revised Code, the public utilities commission shall prescribe the form and details of the valuation report of the property of each public utility or railroad in the state. Such report shall include all the kinds and classes of property, with the value ...

Section 4909.051 | Definitions for sections 4909.052 to 4909.055.

...As used in sections 4909.052 to 4909.055 of the Revised Code: "Large water-works or sewage disposal system company" means a water-works or sewage disposal system company that has annual operating revenues of two hundred fifty thousand dollars or more. "Municipal water-works or sewage disposal system company" means any water-works or sewage disposal system company owned or operated by a political subdivision defin...

Section 4909.052 | Evaluation of petition for purchase of municipal water-works or sewage disposal system; acceptance of cost report.

...such costs are just and reasonable, the public utilities commission in evaluating a petition submitted under section 4905.481 of the Revised Code shall accept the original cost, reported under division (B)(3) of section 4909.05 of the Revised Code, of the acquisition of a municipal water-works or sewage disposal system company that is acquired by a large water-works or sewage disposal system company, provided that th...

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.

...ction 4909.052 of 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.

...covery in a manner 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.

...plication of the 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 c...

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.

...f the Revised Code 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 securi...

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.

...d or the obligation 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.

...aining the value of the property of any public utility or railroad in this state, including municipally owned or operated 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 railroa...

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 4905.65 | Local regulation restricting construction, location, or use of public utility facility.

...(A) As used in this section: (1) "Public utility" means any electric light company, as the same is defined in sections 4905.02 and 4905.03 of the Revised Code. (2) "Public utility facility" means any electric line having a voltage of twenty-two thousand or more volts used or to be used by an electric light company and supporting structures, fixtures, and appurtenances connected to, used in direct connection with, o...

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.

...one or electric light company that is a public utility as defined by section 4905.02 of the Revised Code and, subject to section 4927.15 of the Revised Code, every incumbent local exchange carrier as defined by section 4927.01 of the Revised Code shall permit, upon reasonable terms and conditions and the payment of reasonable charges, the attachment of any wire, cable, facility, or apparatus to its poles, pedestals, ...

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

...istribution or ancillary service. (2) "Public telecommunications service" means the transmission by a telephone company, by electromagnetic or other means, of signs, signals, writings, images, sounds, messages, or data originating in this state regardless of actual call routing, but does not include a system, including its construction, maintenance, or operation, for the provision of telecommunications service, or a...

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.

...n 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.

... Revised Code, or, 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 acc...

Section 4905.80 | State policy regarding motor carriers.

...tation 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) Improve the relations between, and coordinate transportation by and regulation of, motor carriers and other carriers; (D) Develop and preserve a highway transportation system properl...

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.

...ovider" means an entity 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 servi...

Section 4905.86 | Sulfur dioxide emission allowances.

...quest of an electric 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, 4...

Section 4905.87 | Biomass energy program fund.

...in the biomass energy 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.

... section 4781.01 of the Revised Code; a public or publicly subsidized housing project; an apartment complex; a condominium complex; a college or university; an office complex; a shopping center; a hotel; an industrial park; and a race track. (B) "Gas" means natural gas, flammable gas, or gas which is toxic or corrosive. (C) "Gathering line" and the "gathering of gas" have the same meaning as in the Natural Gas Pipe...

Section 4905.91 | Intrastate gas pipe-lines.

...For the purpose of protecting the public safety with respect to intrastate pipe-lines used by any 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 opportu...

Section 4905.911 | Compliance with federal design requirements.

...sion (A)(2) of this 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. ...

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

...ection 4905.10 of 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 ...

Section 4905.93 | Duties of operator.

...Each operator shall do all of the following: (A) Comply with sections 4905.90 to 4905.96 of the Revised Code and the pipe-line safety code. For the purpose of that compliance, the act or omission of any officer, employee, or agent of an operator, while acting within the scope of his duties or employment, is deemed the act or omission of the operator. (B) Establish and maintain any record, make any report, and provi...

Section 4905.94 | Operator of master-meter system.

...to perform a safety inspection when the public interest so requires, when an operator of a master-meter system has violated or failed to comply with division (B) of this section or has failed to conduct any safety inspection required by sections 4905.90 to 4905.96 of the Revised Code and the pipe-line safety code, or upon request of the operator of the master-meter system. When the commission directs or orders a safe...

Section 4905.95 | Notices, hearings and orders of commission.

...ivision (C) of this section: (1) The public utilities commission, regarding any proceeding under this section, shall provide reasonable notice and the opportunity for a hearing in accordance with rules adopted under section 4901.13 of the Revised Code. (2) Sections 4903.02 to 4903.082, 4903.09 to 4903.16, and 4903.20 to 4903.23 of the Revised Code apply to all proceedings and orders of the commission under t...

Section 4905.96 | Civil action against operator.

... the written request 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 ...

Section 4905.99 | Penalty.

....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 4906.01 | Power siting definitions.

...cate of environmental compatibility and public need issued by the power siting board under section 4906.10 of the Revised Code or a construction certificate issued by the board under rules adopted under divisions (E) to (H) of section 4906.03 of the Revised Code. (E) "Gas" means natural gas, flammable gas, or gas that is toxic or corrosive. (F) "Natural gas liquids finished product pipeline" means a pipeline that...

Section 4906.02 | Power siting board organization.

...)(1) There is hereby created within the public utilities commission the power siting board, composed of the chairperson of the public utilities commission, the director of environmental protection, the director of health, the director of development, the director of natural resources, the director of agriculture, and a representative of the public who shall be an engineer and shall be appointed by the governor, from ...

Section 4906.021 | Ad hoc member requirement, qualifications.

...(A) For the purposes of this section and section 4906.022 of the Revised Code: (1) "Immediate family member" means a person's: (a) Spouse; (b) Brother or sister of the whole, or of the half, blood, or by marriage; (c) Children, including adopted children; and (d) Parents. (2) "Material amendment" and "utility facility" have the same meanings as in section 303.57 of the Revised Code. (B) Whenever an app...