Ohio Revised Code Search
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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... |
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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... |
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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. |
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Section 4909.15 | Fixation of reasonable rate.
...(A) The public utilities commission, when fixing and determining just and reasonable rates, fares, tolls, rentals, and charges, shall determine: (1)(a) With respect to a public utility that is a natural gas, water-works, or sewage disposal system company, or that is an electric light company that chooses not to file a forecasted test period under section 4909.18 of the Revised Code, the valuation as of the date ce... |
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Section 4909.151 | Consideration of costs attributable to service.
...observed and charged for service by any 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 t... |
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Section 4909.152 | Consideration of efficiency, sufficiency, adequacy of facilities.
...observed and charged for service by any 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, insuffici... |
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Section 4909.153 | Hearing service complaints.
...observed and charged for service by any 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 hea... |
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Section 4909.154 | Consideration of management policies, practices, and organization of public utility.
...observed and charged for service by any 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 p... |
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Section 4909.155 | Filing report on bonds, stock and money.
...observed and charged for service by any 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 tota... |
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Section 4909.156 | Filing report showing property valuation.
...observed and charged for service by any 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 ... |
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Section 4909.159 | Financial information for forecasted test period from full books.
...tion from the company's full books. The public utilities commission shall ensure appropriate protections against the disclosure of the company's trade secrets or proprietary information. |
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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... |
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Section 4909.161 | Recovering increased excise tax levy and kilowatt-hour tax.
...ed to be a normal expense incurred by a public utility in the course of rendering service to the public, and may be recovered as such in accordance 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 th... |
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Section 4909.17 | Approval required for change in rate.
...classification, charge, or rental of a public utility shall become 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 ... |
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Section 4909.171 | Basing waterworks rate charge on change in water cost imposed by local government.
...ompany may submit an application to the public utilities commission for an increase or decrease in any rate or charge for, respectively, water or sewage treatment, if both of the following conditions are met: (1) The water or sewage treatment is provided to the company by either of the following: (a) A municipal corporation or other local governmental unit of this state whose rates are not subject to regulation b... |
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Section 4909.172 | Application for approval to collect infrastructure improvement surcharge.
...wage disposal system company, that is a public utility may file an application with the public utilities commission for approval to collect an infrastructure improvement surcharge, determined in accordance with this section, from customers located in the company's affected service areas and subject to affected schedules filed by the company under section 4905.32 of the Revised Code. The application shall be in such f... |
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Section 4909.173 | Water-works company replacement of water service line.
...n 4905.03 of the Revised Code that is a public utility under section 4905.02 of the Revised Code. (B) A water-works company may do any of the following: (1) Replace lead customer-owned water service lines concurrently with a scheduled utility main replacement project, an emergency replacement, or company-initiated lead water service line replacement program; (2) Replace lead customer-owned water service lines... |
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Section 4909.174 | Water-works company reimburse customer for replacement of water service line.
...(A) A water-works company shall reimburse a customer who replaces the customer's customer-owned water service line, if both of the following occur: (1) The company confirms that the customer-owned water service line was composed of lead or other composition that was mandated or ordered to be replaced by law or a state or federal regulatory agency; (2) The customer submits the reimbursement request to the company ... |
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Section 4909.18 | Application to establish or change rate.
...Any public utility desiring to establish any rate, joint rate, toll, classification, charge, or rental, or to modify, amend, change, increase, or reduce any existing rate, joint rate, toll, classification, charge, or rental, or any regulation or practice affecting the same, shall file a written application with the public utilities commission. Except for actions under section 4909.16 of the Revised Code, no public ut... |
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Section 4909.181 | Rate application for distribution service.
...(A) As used in this section, "electric distribution utility" has the same meaning as in section 4928.01 of the Revised Code. (B) Not later than December 31, 2029, and at least every three years thereafter, each electric distribution utility shall file a rate case application regarding distribution service under section 4909.18 of the Revised Code. |
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Section 4909.19 | Publication of notice - investigation.
...section 4909.18 of the Revised Code the public utility shall forthwith publish notice of such application, in a form approved by the public utilities commission, once a week for two consecutive weeks in a newspaper published and in general circulation throughout the territory in which such public utility operates and directly affected by the matters referred to in said application. The notice shall include instructio... |
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Section 4909.191 | Submission of rate or charge adjustments or recalculations after actual data acquired.
...(A) If the public utilities commission, under division (D) of section 4909.15 of the Revised Code, incorporated proposed adjustments to revenues and expenses into the commission's determination under that section, the public utility shall, not later than ninety days after actual data for all of the incorporated adjustments becomes known, submit to the commission proposed rate or charge adjustments that provide for th... |
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Section 4909.192 | Approval of nondiscriminatory programs under rate increase application.
...ection 4909.18 of the Revised Code, the public utilities commission may approve the following: (A) Nondiscriminatory programs available for all energy-intensive customers to implement economic development, job growth, job retention, or interruptible rates that enhance distribution and transmission grid reliability and promote economic development. (B) Nondiscriminatory programs available for all mercantile custom... |
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Section 4909.193 | Rate case application review deadline.
...(A) The public utilities commission shall determine whether an application for an increase filed under section 4909.18 of the Revised Code is complete not more than forty-five days after the application is filed. If the commission does not issue a determination within the time period required by this section, the application shall be deemed complete by operation of law. (B) For purposes of section 4909.421 of the R... |
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Section 4909.20 | Regulation of freight charges.
...onger distance. Upon application to the public utilities commission, such company or person may in special cases, after investigation, be authorized by the commission to charge less for a longer than for shorter distances for transportation of freight of like kind, and the commission may prescribe the extent to which such designated company or person may be relieved from the operation of this section. |
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Section 4928.103 | Rules for changing electric supplier using valid identification.
...he customer's account record. (B) The public utilities commission shall adopt rules to ensure that an electric distribution utility processes a customer's change in competitive retail electric supplier by using customer account information. A customer who consents to a change of supplier shall not be required to provide customer account information to the supplier if the customer provides a valid form of government... |
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Section 4928.104 | Alternative billing for mercantile customers.
...nt-based service structures. (B) The public utilities commission shall not prohibit a competitive retail electric service supplier from requiring electronic payment methods as a condition of service under a non-traditional billing agreement. |
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Section 4928.105 | Expedited return of mercantile customer to standard service offer.
...the utility acts in accordance with the public utilities commission's rules. (C) The commission shall establish rules governing the process for an expedited return to the utility's standard service offer pursuant to this section, including the content of the certified request and any notice to the affected customer, and permitting electric distribution utilities to recover the administrative costs of processing req... |
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Section 4928.11 | Minimum service requirements for noncompetitive services.
...tection of consumers in this state, the public utilities commission shall adopt rules under division (A) of section 4928.06 of the Revised Code that specify minimum service quality, safety, and reliability requirements for noncompetitive retail electric services supplied by an electric utility in this state, to the extent such authority is not preempted by federal law. The rules shall include prescriptive standards f... |
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Section 4928.111 | Review of distribution and transmission infrastructure.
...The public utilities commission shall consult with electric distribution utilities to review the distribution infrastructure in this state and shall consult with regional transmission organizations and entities that own or control transmission facilities to review the transmission infrastructure in this state. |
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Section 4928.112 | Priority to hospitals in case of outage.
... their impact on the hospital. (C) The public utilities commission shall adopt rules to carry out this section. |
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Section 4928.12 | Qualifying transmission entities.
...(A) Except as otherwise provided in sections 4928.31 to 4928.40 of the Revised Code, no entity shall own or control transmission facilities as defined under federal law and located in this state on or after the starting date of competitive retail electric service unless that entity is a member of, and transfers control of those facilities to, one or more qualifying transmission entities, as described in division (B) ... |
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Section 4928.13 | Nuclear generation facilities decommissioning.
...Through a periodic filing with the public utilities commission in such form as the commission shall prescribe by rule under division (A) of section 4928.06 of the Revised Code, each electric utility that owns nuclear generation facilities located in this state shall demonstrate compliance with decommissioning requirements of the nuclear regulatory commission and public utilities commission and shall demonstrate adequ... |
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Section 4928.14 | Failure of supplier to provide service.
...(A) Except as provided in division (C) of this section, the failure of a supplier to provide retail electric generation service to customers within the certified territory of an electric distribution utility shall result in the supplier's customers, after reasonable notice, defaulting to the utility's standard service offer under sections 4928.141 and 4928.142 of the Revised Code until the customer chooses an alterna... |
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Section 4928.141 | Distribution utility to provide standard service offer.
...distribution utility shall apply to the public utilities commission to establish the standard service offer in accordance with section 4928.142 of the Revised Code. Except as provided in division (A)(2) of this section, a standard service offer authorized in accordance with section 4928.142 of the Revised Code, shall serve as the utility's standard service offer for the purpose of compliance with this section, and th... |
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Section 4928.142 | Standard generation service offer price - competitive bidding.
...ating in the bidding process. (2) The public utilities commission shall modify rules, or adopt new rules as necessary, concerning the conduct of the competitive bidding process and the qualifications of bidders, which rules shall foster supplier participation in the bidding process and shall be consistent with the requirements of division (A)(1) of this section. (B) Prior to initiating a competitive bidding proce... |
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Section 4928.144 | Phase-in of electric distribution utility rate or price.
...The public utilities commission by order may authorize any just and reasonable phase-in of any electric distribution utility price established under sections 4928.141 and 4928.142 of the Revised Code, and inclusive of carrying charges, as the commission considers necessary to ensure price stability for consumers. If the commission's order includes such a phase-in, the order also shall provide for the creation of regu... |
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Section 4928.145 | Availability of contract or agreement relevant to proceeding.
...ion as is determined appropriate by the public utilities commission. |
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Section 4928.146 | Electric service within territory of another utility.
...Nothing in sections 4928.141 to 4928.145 of the Revised Code precludes or prohibits an electric distribution utility providing competitive retail electric service to electric load centers within the certified territory of another such utility. |
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Section 4928.149 | Electric energy storage system use in wholesale market prohibited.
...No electric distribution utility may use any electric energy storage system to participate in the wholesale market, if the utility purchased or acquired that system for distribution service. |
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Section 4928.1410 | Regulatory assets or liabilities for terminated electric security plan riders.
...If an electric distribution utility has an existing electric security plan under which the commission had authorized the creation or continuation of riders, then, to the extent those riders will cease to exist after termination of the electric security plan, the electric distribution utility is authorized to create necessary regulatory assets or liabilities, along with carrying costs at the utility's weighted average... |
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Section 4928.15 | Schedules for provision of noncompetitive service.
... of the Revised Code and filed with the public utilities commission under section 4909.18 of the Revised Code. The schedule shall provide that electric distribution service under the schedule is available to all consumers within the utility's certified territory and to any supplier to those consumers on a nondiscriminatory and comparable basis. Distribution service rates and charges under the schedule shall be establ... |
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Section 4928.151 | Uniform policy regarding electric transmission facilities.
...The public utilities commission shall adopt and enforce rules prescribing a uniform, statewide policy regarding electric transmission and distribution line extensions and requisite substations and related facilities that are requested by nonresidential customers of electric utilities, so that, on and after the effective date of the initial rules so adopted, all such utilities apply the same policies and charges... |
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Section 4928.16 | Commission jurisdiction.
...(A)(1) The public utilities commission has jurisdiction under section 4905.26 of the Revised Code, upon complaint of any person or upon complaint or initiative of the commission on or after the starting date of competitive retail electric service, regarding the provision by an electric utility, electric services company, electric cooperative, or governmental aggregator subject to certification under section 4928.08 o... |
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Section 4928.17 | Corporate separation plans.
...separation plan that is approved by the public utilities commission under this section, is consistent with the policy specified in section 4928.02 of the Revised Code, and achieves all of the following: (1) The plan provides, at minimum, for the provision of the nonelectric product or service through a fully separated affiliate of the utility, and the plan includes separate accounting requirements, the code of con... |
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Section 4928.18 | Jurisdiction and powers of commission concerning utility or affiliate.
..., nothing in this chapter prevents the public utilities commission from exercising its authority under Title XLIX of the Revised Code to protect customers of retail electric service supplied by an electric utility from any adverse effect of the utility's provision of a product or service other than retail electric service. (B) The commission has jurisdiction under section 4905.26 of the Revised Code, upon com... |
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Section 4928.19 | Consumer education.
...ongoing consumer education efforts, the public utilities commission and the office of the consumers' counsel shall engage in cooperative agency efforts to educate consumers in this state regarding electric industry restructuring under this chapter. |
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Section 4928.20 | Local aggregation of retail electric loads - limitations.
...hority or board shall hold at least two public hearings on the plan. Before the first hearing, the legislative authority or board shall publish notice of the hearings once a week for two consecutive weeks in a newspaper of general circulation in the jurisdiction or as provided in section 7.16 of the Revised Code. The notice shall summarize the plan and state the date, time, and location of each hearing. (D) No legi... |
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Section 4928.21 | Do not aggregate list - registration - removal of current enrollee.
... the Revised Code may register with the public utilities commission to appear on the "do not aggregate" list. (B) The commission, by rule, shall establish a "do not aggregate" list. The commission shall maintain the "do not aggregate" list and make it publicly available on the commission's web site. (C) If a customer is enrolled in a governmental aggregation program at the time the customer first appears on the "do... |
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Section 4928.23 | Definitions for standards for securitization of costs for electric distribution utilities.
... (9) Any other similar costs that the public utilities commission finds appropriate. (F) "Financing order" means an order issued by the public utilities commission under section 4928.232 of the Revised Code that authorizes an electric distribution utility or an assignee to issue phase-in-recovery bonds and recover phase-in-recovery charges. (G) "Final financing order" means a financing order that has become fin... |