Ohio Adm.Code 4901:1 | Ohio Administrative Code 4901:1 — Public Utilities Commission of Ohio | Utilities

Chapter 4901:1-1 Utility Tariffs; Underground Utility Protection Service Registration

Ohio Adm.Code 4901:1-1-01 Consumer information.

Upon a consumer's request, a public utility shall provide a copy of the consumer's contract or of the company's applicable tariffed rules and regulations in the format requested by the consumer, i.e., via email, internet website, fax, or first class mail. Unless the consumer agrees to another date, the public utility shall provide the information within five business days. Paper copies of any items requested may be provided at cost. This rule does not apply to any industry for which the commission has prescribed a more specific rule regarding the requirement to make available a company's tariff.

Last updated April 11, 2024 at 9:07 AM

History

Effective: April 11, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-1-02 Underground utility protection service registration.

Public authorities, as defined by division (A)(2) of section 153.64 of the Revised Code, desiring information about a registered underground utility protection service, can obtain such information by contacting the docketing division of the public utilities commission.

View Appendix

Last updated April 11, 2024 at 9:08 AM

History

Effective: April 11, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-1-03 Duty to disclose tariffs.

(A) Definitions. For purposes of this rule, and this rule only, the following applies:

(1) "A utility" is:

(a) An electric light company as defined by division (C) of section 4905.03 of the Revised Code;

(b) A gas company or a natural gas company, as defined by divisions (D) and (E) of section 4905.03 of the Revised Code, having more than five thousand customers; or

(c) A water-works company or sewage disposal system, as defined by divisions (G) and (M) of section 4905.03 of the Revised Code, having more than five thousand customers.

(2) "An applicant" is a person, partnership, corporation, association, or organization that makes an application or requests electric, gas, water, or sewage service from a utility. An applicant includes those persons or entities who are currently a customer and are seeking to receive service at another or a new location and those persons or entities who already receive one type of utility service (e.g., electric or water) and want to receive another type of utility service (e.g., gas or sewer) at the same or a different location.

(3) "An eligible customer" is a customer who, based on the information available to the utility, may meet or may become able to meet the criteria or terms and conditions of service of a particular tariff offering or rate schedule. For example, if an electrical residential load management schedule were open to electric residential customers with a monthly minimum demand of four kilowatt hours, an eligible customer would be any residential customer regardless of his or her historical monthly level of demand. Likewise, if a rate schedule were available to any residential electric customer with an electric water heater, all residential customers would be eligible customers. In these two examples, all residential customers are eligible customers (although many of these eligible customers may not actually qualify to receive service under these tariffs) because they may meet or may become able to meet the criteria or terms and conditions of service. However, if an industrial or commercial rate schedule were changed or modified, residential customers would not be considered as eligible customers.

(4) "Disclose" means to inform by use of a brief, one-to-four-sentence (more if necessary) message contained on a bill, on a bill insert, or in a special mailing. A utility may supplement the disclosure by a notice published in a newspaper or newspapers of general circulation in the service territory of the utility. The disclosure must state:

(a) That a new rate is available or that the criteria or terms and conditions of an existing rate schedule have been modified;

(b) The nature of the new rate schedule or the modification of the existing rate schedule;

(5) "Changes in the criteria or terms and conditions of service" includes all authorized modifications in a particular tariff schedule or offering except for increases and decreases in the base rate, emergency or excise tax surcharge, or the gas cost recovery rate.

(6) "Explanation of the rates, charges, and provisions applicable to the service furnished or available" means a brief summary of the effective rates and the distinctive character of service which distinguish this rate schedule from an alternative one. The explanation may:

(a) Include a typical bill summary and a brief listing of the characteristics of the service or criteria which must be met in order to qualify to receive service under this schedule;

(b) Be oral or written; however, if the customer or applicant specifically requests a written explanation, the utility must provide a written explanation.

(B) Duty to disclose.

(1) Within ninety days after a new rate schedule becomes effective, or within ninety days after modifications or changes in the criteria or terms and conditions of service of an existing tariff schedule or offering become effective, the utility shall disclose to the eligible customers the availability of the new tariff schedule or the fact that the criteria or terms and conditions of service of such an existing tariff have changed. A copy of such notice shall be filed with the public utilities commission prior to its distribution to customers.

(2) Upon the request of any customer or applicant, the utility shall provide an explanation of the rates, charges, and provisions applicable to the service furnished or available to such customers or applicant, and shall provide any information and assistance, such as the availability of alternative tariff schedules, necessary to enable the customer to obtain the most economical utility service conforming to his or her stated needs. Nothing in this rule may be construed so as to delay the prompt initiation of service if requested by an applicant.

Last updated April 11, 2024 at 9:08 AM

History

Effective: April 11, 2024
Promulgated Under: 111.15

Chapter 4901:1-2 Protection of Underground Utility Facilities

Ohio Adm.Code 4901:1-2-01 Definitions.

As used within this chapter, these terms denote the following:

(A) "Aggrieved person," for purposes of this chapter, shall have the same meaning as defined in division (A) of section 4913.01 of the Revised Code.

(B) "Commission" means the public utilities commission of Ohio.

(C) "Committee" means the underground technical committee created pursuant to section 3781.34 of the Revised Code that shall carry out the duties outlined by section 3781.36 of the Revised Code.

(D) "Compliance failure," for purposes of this chapter, shall have the same meaning as defined in division (B) of section 4913.01 of the Revised Code.

(E) "Coordinator" shall be a full-time employee of the commission designated by the director of the service monitoring and enforcement department to assist the committee in the performance of its duties.

(F) "Days," when used to compute any period of time prescribed or allowed by these rules, shall not include the date of the act or event from which the designated period of time begins to run. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.

(G) "Designer," "developer," "excavation," "excavator," "one-call notification system," "person," "protection service," "underground utility facility," and "utility" shall have the same meanings as in section 3781.25 of the Revised Code.

(H) "Director" means the director of the commission's service monitoring and enforcement department or the director's designee.

(I) "Filing" means delivery, through paper filing, facsimile transmission (fax) filing, or electronic filing (e-file), to the commission's docketing division in accordance with rule 4901-1-02 of the Administrative Code.

(J) "Hearing" means all proceedings before the commission conducted in a manner consistent with Chapter 4903. of the Revised Code.

(K) "Participants" means the aggrieved person and the person responsible for the alleged compliance failure and any persons permitted to intervene after commencement of a proceeding.

(L) "Report of inquiry" is a document summarizing the investigation of a compliance failure and reporting on a fine, penalty, or no-penalty determination made by either the committee or the staff, when applicable.

(M) "Respondent" means the person, as defined in section 3781.25 of the Revised Code, responsible for the alleged compliance failure.

(N) Staff" means those employees of the commission to whom responsibility has been delegated for administering the provisions of Chapter 4913. of the Revised Code, as applicable.

(O) "Violation" means any conduct, act, or failure to act, prohibited by Chapter 4913. of the Revised Code.

Last updated February 28, 2023 at 9:22 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-2-02 Purpose and scope.

(A) This chapter is adopted in compliance with, and under the authority of, division (B) of section 4913.45 and division (F) of section 121.22 of the Revised Code.

(B) This chapter establishes rules for the committee and for the protection of underground utility facilities pursuant to Chapter 4913. of the Revised Code.

(C) This chapter shall apply to all persons with duties and obligations under sections 153.64, 3781.27, and 3781.28 to 3781.32 of the Revised Code and divisions (A) and (B) of section 3781.26 of the Revised Code.

(D) The commission may, upon application or motion, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

Last updated February 28, 2023 at 9:22 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-2-03 Duties of the committee.

The committee shall do the following:

(A) Coordinate with the commission in carrying out its duties under Chapter 4913. of the Revised Code.

(B) Provide subject matter expertise when requested during inquiries conducted under section 4913.09 of the Revised Code.

(D) Make recommendations under sections 4913.15 and 4913.16 of the Revised Code.

(E) Perform any additional duties as may be required under Chapter 4913. of the Revised Code.

Last updated February 28, 2023 at 9:22 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-2-04 Selection and duties of chairperson, vice chairperson, secretary, and coordinator.

(A) Members of the committee shall annually select a chairperson, vice chairperson, and secretary from among its members. The selection shall be made at the first meeting of each calendar year. The selection of the chairperson, vice chairperson, and secretary shall be those members receiving the most votes for those three positions by an absolute majority of the committee.

(B) Unless removed from office or replaced as a member of the committee, the term of office for the chairperson, vice chairperson, and secretary shall be until the first meeting of the committee held the following calendar year. The chairperson, vice chairperson, or secretary may be removed from office by an absolute majority vote of the committee at any regularly scheduled or special meeting.

(C) The chairperson of the committee shall preside over the meetings of the committee, schedule meetings of the committee, cause notice of the meetings to be emailed or, if individually requested, mailed to members of the committee, and perform such other duties as required to enable the members of the committee to perform their duties.

(D) The secretary of the committee shall record the minutes or designate another person to record the minutes subject to the secretary's review and approval of the meetings. A complete transcript of a meeting, except an executive session, may be substituted for the minutes. If the committee holds an executive session, the minutes or transcript shall state the matter to be considered in the session. A copy of the minutes or the transcript of each meeting shall be available for public inspection at the offices of the commission.

(E) If the chairperson has been removed from office or replaced as a member of the committee or has otherwise relinquished the position or is not present at a meeting, the vice chairperson shall assume the duties of the chairperson until such time as a chairperson is seated.

(F) If the committee is without a chairperson, vice chairperson, and secretary, the coordinator of the committee shall schedule a meeting of the committee and cause notice of the meeting to be sent to members of the committee upon receipt of a written request signed by at least two members of the committee.

(G) The coordinator shall work with the chairperson, vice chairperson, and secretary of the committee to ensure that notice of meetings occur, to gather and distribute to members of the committee copies of the report of each inquiry conducted pursuant to section 4913.09 of the Revised Code, and such other duties as requested by the chairperson, vice chairperson, or secretary of the committee.

Last updated February 28, 2023 at 9:22 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-2-05 Meetings of the committee.

(A) All meetings of the committee shall be open and accessible to the public. For the purpose of this rule, the term "meeting" shall mean any prearranged discussion of the public business of the committee by a majority of its members. Consistent with division (B) of section 3781.36 of the Revised Code, a majority of committee members constitutes a quorum.

(B) The committee may conduct meetings in person, by teleconference, or by video conference.

(C) The committee shall meet as necessary to carry out its duties and meet the time-period requirements of division (B) of section 4913.15 of the Revised Code, but not less than once every three months.

(D) The committee may hold an executive session for the sole purpose of the consideration of a matter contained in division (G) of section 121.22 of the Revised Code. Such executive session may be held only at a regular or special meeting for which notice has been given in accordance with rule 4901:1-2-08 of the Administrative Code, and only after a majority of a quorum of the committee determines, by a roll call vote, to hold such a session.

(E) Meetings of the committee may be recessed for up to three business days.

Last updated February 28, 2023 at 9:22 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-2-06 Voting procedures.

(A) Each member of the committee shall have one vote.

(B) There shall be majority vote of the full committee, with at least one of the commercial-excavator members voting with the majority, for the committee to do any of the following:

(1) Recommend a fine, penalty, or a combination of fines and penalties under section 4913.15 or section 4913.16 of the Revised Code.

(2) Determine, under section 4913.15 or section 4913.16 of the Revised Code, that no enforcement action should be taken.

(3) Request a hearing under section 4913.19 of the Revised Code.

(C) If the committee fails to achieve the required majority for any action described in division (B) of section 4913.15 of the Revised Code, it shall notify the commission.

Last updated February 28, 2023 at 9:22 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-2-07 Types of meetings.

(A) A regularly scheduled meeting is one in which members of the committee are informed of the meeting at least five days prior to the start of the meeting.

(B) A special meeting is one in which members are informed less than five days but more than twenty-four hours prior to the start of the meeting.

(C) An emergency meeting is one in which members are informed less than twenty-four hours prior to the start of the meeting.

Last updated February 28, 2023 at 9:23 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-2-08 Notice of meetings to the public.

(A) Any person may determine the time, place, and purpose of all upcoming regular, special, and emergency meetings of the committee by:

(1) Writing to the following address: "Underground Technical Committee Coordinator, Service Monitoring and Enforcement Department, Public Utilities Commission of Ohio, 180 East Broad Street, Columbus, Ohio 43215."

(2) Contacting the commission via telephone, 800-686-7826, during normal business hours.

(3) Consulting the commission's web site at www.puco.ohio.gov.

(B) Any person may request to receive notice of the time, place, and purpose of all regularly scheduled, special, and emergency meetings of the committee by submitting a written request to: "Underground Technical Committee Coordinator, Service Monitoring and Enforcement Department, Public Utilities Commission of Ohio, 180 East Broad Street, Columbus, Ohio 43215." Requests shall include the name, address, telephone number, and email address of the person making the request.

(C) Notice of regularly scheduled meetings shall be emailed to those persons who have requested to receive notice not less than five days prior to the date of the meeting.

(D) If a special meeting of the committee is scheduled, notice of the meeting will be made by email no later than twenty-four hours prior to the special meeting. Such notice shall be complete once an email has been sent. Notice of special meetings shall be given to representatives of the news media who made request to receive notice.

(E) Members of the news media who wish to be notified of a special meeting or emergency meeting of the committee should indicate on their request that they are a member of the news media, the news agency that they represent, and a request to be notified when a special meeting or emergency meeting is scheduled. Notice of a special meeting or emergency meeting will only be given to one representative of any particular news agency.

(F) If an emergency meeting of the committee is scheduled, immediate notice of the meeting will be made by email or telephone to members of the news media who have requested notification. Calls will be made during the normal business hours of the commission. Such notice shall be complete if an email has been sent or if a telephone message has been left for the representative.

(G) The coordinator of the committee may request that persons verify in writing that they wish to remain on the list of persons to be notified of meetings of the committee.

Last updated February 28, 2023 at 9:23 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-2-09 Registration requirements.

(A) Each utility, excavator, developer, and designer who participates in the one-call notification system in the current or previous calendar year shall receive notice from the commission to pay a safety registration fee not to exceed fifty dollars annually, which the commission may lower if the commission determines lowering the registration to be necessary.

(B) To recognize compliance, the commission may charge a discounted safety registration fee to those registrants that have no fines or penalties assessed against them in the previous calendar year.

(C) The registration year shall be the calendar year and registration will be accomplished through payment by the due date of the invoice issued by the commission.

(D) Subject to section 119.14 of the Revised Code, failure to pay the registration fee shall result in a fine of not more than two thousand five hundred dollars.

(E) The commission shall deposit all safety registrations and fines collected under this section in the underground facilities protection administrative fund created under section 4913.30 of the Revised Code.

Last updated February 28, 2023 at 9:23 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-2-10 Service during the investigation of an alleged compliance failure.

During the investigation of an alleged compliance failure:

(A) Unless provided otherwise by this chapter, service upon the staff may be made by ordinary or certified United States mail, by courier service, by facsimile transmission, or by personal service upon the coordinator.

Service is effective upon receipt except that service by United States mail is complete upon mailing and service by facsimile transmission is complete upon transmission.

(B) Service upon the participants shall be made by ordinary or certified United States mail, by courier service, by facsimile transmission, by electronic mail, or by personal service. Service is effective upon receipt by any person, except that service by ordinary or certified United States mail is effective upon mailing and service by facsimile transmission or email is complete upon transmission. Service by email may be made only if the person to be served has consented to receive service by email. Service upon the participants by ordinary or certified United States mail shall be made at any of the following:

(1) If the participant is a natural person at the address listed on the inquiry report.

(2) If the participant is other than a natural person:

(a) If the participant has provided any information to the staff or to the committee, at the address indicated in this communication.

(b) If the participant wants to have notices or requests for inquiries served at a particular address, the participant may contact the commission and request service at such a specific address.

(c) If the participant is a business entity, and whose address is not otherwise disclosed, at any business address of the participant.

(C) Once a participant has filed a written application for reconsideration with the commission in accordance with section 4913.25 of the Revised Code, any further service shall be made in accordance with Chapter 4901-1 of the Administrative Code.

Last updated February 28, 2023 at 9:23 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-2-11 Inquiry procedures.

(A) An aggrieved person may request an inquiry with the staff. The request for inquiry must be made no later than ninety days after discovering the alleged compliance failure. A request for inquiry shall not, by itself, cause the creation of a formal proceeding at the commission. A request for inquiry shall state, at a minimum and with particularity:

(1) Name of the respondent.

(2) Date of the compliance failure.

(3) Nature of the compliance failure.

(4) Location of the compliance failure.

(5) Any other information that the requestor considers relevant.

(B) Not later than ten business days after receiving a request for inquiry, the staff shall notify the respondent that the request for inquiry was made.

(C) The respondent may respond to the request for inquiry by providing any information that the person considers relevant to the inquiry, including an admission of the compliance failure, not later than thirty days after being notified by the staff.

(D) The staff shall conduct an inquiry. The staff's investigation shall be limited to whether there was a compliance failure.

(E) A report of each inquiry will be made by the staff to the committee and to the participants. The report of inquiry should include all relevant material collected in the course of the proceeding including any documentary and photographic evidence which has been collected regarding the alleged violation. The report of inquiry should also include any information concerning past violations under sections 4913.151 and 4913.17 of the Revised Code and the various factors for consideration under section 4913.20 of the Revised Code. This report shall not contain a recommendation as to the imposition of a fine or penalty or as to whether any enforcement action should be taken except as provided in section 4913.16 of the Revised Code.

(F) The committee shall review every report of inquiry submitted to it by the staff and consider making a recommendation that a fine, a penalty, or a combination of fine and penalty be imposed or that no enforcement action be taken pursuant to section 4913.15, 4913.16, 4913.17, or 4913.19 of the Revised Code.

(G) The commission, the legal director, the deputy legal director, or an attorney examiner may issue subpoenas, upon the request of the staff or upon the request of the committee, to support the investigation of an inquiry. A subpoena shall command the person to whom it is directed to attend and give testimony at the time and place specified therein. A subpoena may also command such person to produce the papers, documents, or other tangible things described therein. A subpoena issued under this rule shall be served by personal service or by certified United States mail and is effective upon receipt.

(H) The commission, the legal director, the deputy legal director, or an attorney examiner may, upon their own motion or upon motion of the person to whom the subpoena is directed, quash a subpoena if it is unlawful, unreasonable, or oppressive.

Last updated February 28, 2023 at 9:23 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-2-12 Guidelines for consistent application of fines and penalties.

In determining a fine or penalty recommendation or whether no enforcement action should be taken under section 4913.15, 4913.16, 4913.171, 4913.19, or 4913.25 of the Revised Code, the committee, the commission, and the staff, as applicable, shall consider the following factors, as they apply:

(A) The person's demonstrated history of one-call, design, and excavation practices, including the following:

(1) The number of locate requests received and responded to.

(2) The number of locates completed.

(3) The number of one calls placed.

(4) The number of excavations completed.

(5) The number of design or development projects.

(B) The nature, circumstances, and gravity of the compliance failure, including the amount of damage involved in relation to the compliance failure, and whether it resulted in death, serious injury, dismemberment, or a significant threat to public safety.

(D) The prospective effect of a fine on the person's ability to pay business obligations and otherwise conduct business.

(E) The history or number of compliance failures by the person based on information maintained by the coordinator.

(F) The good faith effort on the person's part in attempting to achieve compliance after the compliance failure was identified.

Last updated February 28, 2023 at 9:23 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-2-13 Notice of a completed report of inquiry.

(A) Within ten business days of receiving from the committee either a recommendation to impose a fine or penalty or a determination that no enforcement action should be taken, the staff will serve upon the participants a letter notifying the participants of any fine or penalty or of a no-enforcement determination. Service of the letter is effective upon mailing by ordinary or certified United States mail. The letter shall include all of the following, as applicable:

(1) The date of the compliance failure.

(2) The citation to the statute that was not complied with.

(3) A brief description of the compliance failure.

(4) The fine or penalty to be imposed, if any.

(5) Instructions on how the person may file for reconsideration under section 4913.25 of the Revised Code and how to make a timely filing.

(6) A statement that failure to file for reconsideration under section 4913.25 of the Revised Code will make any findings final and enforceable.

(B) The director of the service monitoring and enforcement department or the director's designee has the authority to enforce any fine or penalty set forth in section 4913.151 of the Revised Code.

Last updated February 28, 2023 at 9:24 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-2-14 Default.

(A) The respondent upon whom a letter has been served in accordance with paragraph (A) of rule 4901:1-2-13 of the Administrative Code who fails within sixty days to pay the fine or who fails to begin compliance with the penalty within thirty days after the letter shall be in default unless reconsideration in accordance with section 4913.25 of the Revised Code is requested. A person responsible for a compliance failure in default shall be deemed to have admitted the occurrence of the violation and waived all further right to contest liability under Chapter 4913. of the Revised Code for the fine or penalty set forth in the letter or to further contest the fine or penalty through a request for reconsideration.

(B) The attorney general, upon the written request of the commission, shall bring a civil action in the court of common pleas of Franklin county to collect a fine or enforce a penalty assessed under this section.

Last updated February 28, 2023 at 9:24 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-2-15 Requests for reconsideration.

(A) Not later than thirty days after receiving notice under rule 4901:1-2-13 of the Administrative Code, either the person that requested the inquiry or the respondent may file a written application for reconsideration with the commission. The application for reconsideration must state with particularity the grounds for reconsideration.

(B) Any person opposing an application for reconsideration shall have fifteen days to file a memorandum contra with the commission.

(C) The staff shall have thirty days after the filing of the application for reconsideration to file a responsive pleading.

(D) In all other respects, the procedural requirements set forth in Chapter 4901-1 of the Administrative Code shall apply to the reconsideration proceeding before the commission.

(E) On reconsideration, the commission shall affirm, reject, or modify the finding of the committee and shall impose any fine or penalty authorized or take no enforcement action in accordance with section 4913.25 of the Revised Code.

Last updated February 28, 2023 at 9:24 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-2-16 Rehearing.

Pursuant to section 4913.251 of the Revised Code, a reconsideration order issued under section 4913.25 of the Revised Code is subject to the rehearing and appeal process under Chapter 4903. of the Revised Code.

Last updated February 28, 2023 at 9:24 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-2-17 Hearings.

All hearings conducted by the commission under Chapter 4913. of the Revised Code and the process described in section 4913.251 of the Revised Code shall be conducted in a manner consistent with Chapter 4903. of the Revised Code.

Last updated February 28, 2023 at 9:24 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-2-18 Payment of fines.

Any fine shall be paid in a manner determined by the commission. Payment shall contain the identifying case number of the violation for which payment is tendered. Payment is complete upon receipt by the staff.

Last updated February 28, 2023 at 9:24 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-2-19 Damage prevention grant program procedures.

(A) The commission may administer an underground utility damage prevention grant program, subject to availability of funds, to provide grants for qualified purposes.

(1) Qualified purposes include:

(a) Public awareness programs established by a protection service.

(b) Training and education programs for excavators, operators, designers, persons who locate underground utility facilities, or other persons.

(c) Programs providing incentives for excavators, operators, persons who locate underground utility facilities, or other persons to reduce the number and severity of compliance failures.

(2) Grant funds will be awarded:

(a) At the discretion of the commission.

(b) After a review of all grant applications for the grant review period.

Last updated February 28, 2023 at 9:24 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-2-20 Annual report to the general assembly.

In accordance with section 4913.43 of Revised Code, the commission shall submit to the general assembly an annual report regarding the activities of the commission and committee for the previous calendar year. The report shall include, but shall not be limited to:

(A) The number of registrations pursuant to division (A) of section 4913.03 of the Revised Code.

(B) The number of investigations conducted by the commission pursuant to section 4913.09 of the Revised Code.

(D) The number of the committee's recommendations pursuant to section 4913.15 of the Revised Code for the inquiries submitted to them over the previous calendar year.

(E) Accounting of funds received through enrollments, penalties, fines, and forfeitures.

(F) Accounting of funds distributed through the utility damage prevention grant program.

(G) The membership activities of the committee for the previous year.

(H) Any other pertinent information, excluding confidential information, the commission believes will be helpful to the general assembly in the review of this report.

Last updated February 28, 2023 at 9:24 AM

History

Effective: December 4, 2015
Promulgated Under: 111.15

Chapter 4901:1-3 Poles, Ducts, Conduits, and Rights-of-Way

Ohio Adm.Code 4901:1-3-01 Definitions.

[Comment: For dates of references to a section of either the United States Code or a regulation in the code of federal regulations see rule 4901:1-3-02 of the Administrative Code.]

As used within this chapter, these terms denote the following:

(A) "Attaching entity" means cable operators, telecommunications carriers, incumbent and other local exchange carriers, public utilities, governmental entities and other entities with either a physical attachment or a request for attachment to the pole, duct, conduit, or right-of-way and that is authorized to attach pursuant to section 4905.51 or 4905.71 of the Revised Code. It does not include governmental entities with only seasonal attachments to the pole.

(B) "Cable operator" for purposes of this chapter, means the same as defined in 47 U.S.C. 522(5), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code.

(C) "Cable service" for purposes of this chapter, means the same as defined in 47 U.S.C. 522(6), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code.

(D) "Cable system" for purposes of this chapter, means the same as defined in 47 U.S.C. 522(7), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code.

(E) "Commission" means the public utilities commission of Ohio.

(F) "Communications space" means that portions of the pole typically used for the placement of communications conductors beginning below the bottom point of the communications workers safety zone and ending at the lowest point on the pole to which horizontal conductors may be safely attached.

(G) "Complex make-ready" means the transfers and work within the communications space that would be reasonably likely to cause a service outage(s) or facility damage, including work such as splicing of any communications attachment or relocation of existing wireless attachments. Any and all wireless activities, including those involving mobile, fixed, point-to-point wireless communications and wireless internet service providers, are to be considered complex.

(H) "Conduit" means a structure containing one or more ducts, usually placed in the ground, in which cables or wires may be installed.

(I) "Conduit system" means a collection of one or more conduits together with their supporting infrastructure.

(J) "Days" means calendar days for the purposes of this chapter.

(K) "Duct" means a single enclosed raceway for conductors, cable, and/or wire.

(L) "Electric company" for purposes of this chapter, means the same as defined in division (A)(3) of section 4905.03 of the Revised Code.

(M) "Inner-duct" means a duct-like raceway smaller than a duct that is inserted into a duct so that the duct may carry multiple wires or cables.

(N) "Local exchange carrier" (LEC) for purposes of this chapter, means the same as defined in division (A)(7) of section 4927.01 of the Revised Code.

(O) "Overlashing" means the tying or lashing of additional fiber optic and/or coaxial cables to existing communications wires, cables, or supporting strands already attached to poles.

(P) "Pole attachment" means any attachment by an attaching entity to a pole, duct, conduit, or right-of-way owned or controlled by a public utility.

(Q) "Public utility" for purposes of this chapter, means the same as defined in section 4905.02 of the Revised Code.

(R) "Red-tagged pole" means a pole that has been identified by the utility as needing replacement within twelve months of a pole attachment request for any reason other than the pole's lack of capacity.

(S) "Simple make-ready" means make-ready where existing attachments in the communications space of a pole could be transferred without any reasonable expectation of a service outage or facility damage and does not require splicing of any existing communications attachment or relocation of an existing wireless attachment.

(T) "Telecommunications" for purposes of this chapter, means the same meaning as defined in division (A)(10) of section 4927.01 of the Revised Code.

(U) "Telecommunications carrier" for purposes of this chapter, means the same as defined in division (A)(11) of section 4927.01 of the Revised Code.

(V) "Telecommunications services" for purposes of this chapter, means the same as defined in division (A)(12) of section 4927.01 of the Revised Code.

(W) "Telephone company" for purposes of this chapter, means the same as defined in division (A)(13) of section 4927.01 of the Revised Code and includes the definition of "telecommunications carrier" incorporated in 47 U.S.C. 153(44), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code.

(X) "Unusable space" with respect to poles, means the space on a public utility pole below the usable space, including the amount required to set the depth of the pole.

(Y) "Usable space" with respect to poles, means the space on a public utility pole above the minimum grade level which can be used for the attachment of wires, cables, and associated equipment, and which includes space occupied by the public utility. With respect to conduit, the term usable space means capacity within a conduit system which is available, or which could, with reasonable effort and expense, be made available, for the purpose of installing wires, cable, and associated equipment for telecommunications or cable services, and which includes capacity occupied by the public utility.

Last updated December 4, 2025 at 2:10 PM

History

Effective: November 24, 2025
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-3-02 Purpose and scope.

[Comment: For dates of references to a section of either the United States Code (U.S.C.) or a regulation in the code of federal regulations (C.F.R.) see rule 4901:1-3-02 of the Administrative Code.]

(A) Each citation contained within this chapter that is made to either a section of the United States code or a regulation in the C.F.R. is intended to incorporate by reference the particular version of the cited matter as effective on July 1, 2025. In January of each year, the commission will open a docket for the purpose of considering the adoption of new or revised C.F.R. provisions adopted by the federal communications commission (FCC) relative to the pole attachment during the prior calendar year, including consideration of related rule clarifications issued by the FCC.

(B) This chapter establishes rules for the provision of attachments to a pole, duct, conduit, or right-of-way owned or controlled by a utility under rates, terms, and conditions that are just and reasonable. Ohio has elected to regulate this area pursuant to 47 U.S.C. 224(c)(2).

(1) All public utilities pursuant to 47 U.S.C. 224(c) through (i), 47 U.S.C. 253(c), as effective in paragraph (A) of this rule, and section 4905.51 of the Revised Code; and

(2) A telephone company and electric light company that is a public utility pursuant to section 4905.71 of the Revised Code.

(D) The commission may, upon a detailed application or motion containing the requested waiver period, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

(E) All of the automatic time frames set forth in this chapter may be suspended pursuant to directives of the commission or an attorney examiner.

Last updated December 4, 2025 at 2:10 PM

History

Effective: November 24, 2025
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-3-03 Access to poles, ducts, conduits, and rights-of-way.

[Comment: For dates of references to a section of either the United States Code (U.S.C.) or a regulation of the code of federal regulations (C.F.R.) see rule 4901:1-3-02 of the Administrative Code.]

(A) Duty to provide access and notifications

(1) A public utility will comply with the duty to provide access and notifications pursuant to 47 C.F.R 1.1403, as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code. Additionally, a public utility is to provide nondiscriminatory access to easement information related to the property where the poles covered by the pole attachment application are located before the utility can refuse to let the attacher share that easement or require the attacher to obtain its own easement. Relative to inspection reports, consistent with 47 C.F.R. 1.1411(c)(4), public utilities are to provide applicants, upon request, with information contained in the most recent cyclical pole inspection reports or a periodic inspection report for poles covered by the applicant's attachment application. The report is to be provided within ten business days of the request.

(2) Pursuant to 47 C.F.R. 1.1403(d) an attaching entity may file with the commission a petition for temporary stay of action contained in a notice received pursuant to 47 C.F.R. 1.1403(c), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code. If the commission does not rule on a petition pursuant to this paragraph within thirty days after the filing of the answer, the petition will be deemed denied unless suspended.

(3) If the public utility establishes or adopts an electronic notification system, the attaching entity will participate in the electronic notification to qualify under this chapter.

(B) Timeline for access to public utility poles

(1) Application review and survey:

A public utility or a new attaching entity will comply with the application review and survey requirements, pursuant to 47 C.F.R 1.1411(c), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code.

(2) Estimate

A public utility or a new attaching entity will comply with the make-ready estimate requirements pursuant to 47 C.F.R 1.1411(d), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code.

(3) Make-ready

A public utility will comply with the notification requirements and make-ready time periods for new and existing attaching entities; for attachments in the communications space and above the communications space, pursuant to 47 C.F.R 1.1411(e) and (f), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code.

(4) Compliance with the time periods in this rule:

A public utility will comply with the time periods pursuant to 47 C.F.R 1.1411(g), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code. Consistent with 47 C.F.R. 1.1411(g) as clarified by the FCC in its "Fourth Report and Order, Declaratory Ruling and Third Further Notice of Proposed Rulemaking," W.C. Docket No. 17-84, FCC 23-109 (Dec.15, 2023), for an application requesting access to more than the lesser of three thousand poles or five per cent of the utility's poles in the state, the lesser of the first three thousand poles or five per cent of the utility's poles in the state of that application are subject to the make-ready timelines set forth in 47 C.F.R. 1.411(g)(3), when the attacher designates in its application the first three thousand poles or five per cent of the utility's poles in the state to be processed.

(5) Deviation from the time limits specified in this rule unless:

A public utility will comply with the deviation from time limits pursuant to 47 C.F.R 1.1411(h), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code.

(6) Self-help remedy:

A public utility or new attaching entity will comply with the self-help remedy process for incomplete survey and make-ready pursuant to 47 C.F.R 1.1411(i), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code.

(7) One-touch make-ready option.

For attachments involving simple make-ready, a public utility or a new attaching entity will comply with one-touch make-ready option requirements pursuant to 47 C.F.R. 1.1411(j), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code.

(1) Contractors for self-help complex make-ready and above the communications space make-ready:

A public utility will comply with the contractor requirements for self-help complex make-ready and above the communications space make-ready pursuant to 47 C.F.R 1.1412(a), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code.

(2) Contractors for simple make-ready work:

A public utility will comply with the contractor requirements for simple make-ready work pursuant to 47 C.F.R 1.1412(b), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code.

(D) Overlashing

(1) An existing attaching entity or third party overlashing with permission from an existing attaching entity (overlashing party) and a public utility will comply with overlashing rules established pursuant to 47 C.F.R 1.1416, as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code, with the following exceptions:

(a) A public utility will not prevent an overlashing party from overlashing because another overlashing party has not fixed a preexisting violation; unless the overlashing will exacerbate the violation or create a capacity, safety, reliability, or engineering issue. When an overlashing exacerbates the violation or creates a capacity, safety, reliability, or engineering issue, the costs incurred to rectify the existing condition or issue are to be charged to and paid by either: (i) the last attacher(s) or overlasher(s) who caused the condition or issue; or (ii) if records are inadequate to determine who caused the condition or issue, then all attachers and overlashers and the public utility will pay to rectify the existing condition proportional to their use.

(b) If a public utility requires advance notice of a planned overlashing, the public utility may charge the overlashing party the just and reasonable costs the public utility actually incurs to inspect the pole prior to the installation of the proposed overlash.

(E) Rights-of-way

(1) Public utilities are subject to all constitutional, statutory, and administrative rights and responsibilities for use of public rights-of-way.

(2) Private rights-of-way for all public utilities are subject to negotiated agreements with the private property owner, exclusive of eminent domain considerations.

(3) Public utilities will not enter into exclusive use agreements of private building riser space, conduit, and/or closet space.

(4) Public utilities are to coordinate their right-of-way construction activity with the affected municipalities and landowners. Nothing in this rule is intended to abridge the legal rights and obligations of municipalities and landowners.

(F) The commission reserves the right to expect any or all arrangements between public utilities and between public utilities and private landowners to be submitted to the commission for its review and approval, pursuant to sections 4905.16 and 4905.31 of the Revised Code.

(G) All time limits in this chapter are to be calculated according to rule 4901-1-07 of the Administrative Code.

Last updated December 4, 2025 at 2:10 PM

History

Effective: November 24, 2025
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-3-04 Rates, terms, and conditions for poles, ducts, and conduits.

[Comment: For dates of references to a section of either the United States Code (U.S.C.) or a regulation in the code of federal regulations (C.F.R.) see rule 4901:1-3-02 of the Administrative Code.]

(A) Rates, terms, and conditions for nondiscriminatory access to poles, ducts, conduits, and right-of-way of a telephone company or electric light company by an entity that is not a public utility are established through tariffs pursuant to section 4905.71 of the Revised Code. Initial implementation of such tariff or any subsequent change in the tariffed rates, terms, and conditions for access to poles, ducts, conduits, or rights-of-way will be filed as an application for tariff amendment (ATA) and will be approved in accordance with a sixty-day automatic approval process. Increases to tariffed rates pursuant to this paragraph require customer notice to be sent to all affected attachers concurrent with the filing of the ATA. Any objections to the ATA application should be filed within twenty-one days of its filing. The applicant will have ten days to file its reply to the stated objections. The tariffed rates, terms and conditions are to be consistent with parameters established in rule 4901:1-3-03 of the Administrative Code. Nothing in this chapter prohibits an attaching entity that is not a public utility from negotiating rates, terms, and conditions for access to poles, ducts, conduits, and rights-of-way of a telephone company or electric light company through voluntarily negotiated agreements.

(1) An automatic time frame will begin on the day after a filing is made with the commission's docketing division. Under the automatic approval process, if the commission does not take action before the expiration of the filing's applicable time frame, the filing is deemed approved and may become effective on the following day, or a later date if requested by the company. For, example, a filing subject to a sixty-day process will, absent suspension or other commission action, become effective on the sixty-first day after the initial filing is made with the commission. Unless otherwise ordered, any motions not ruled upon by the commission during the filing's applicable time frame are deemed to be denied.

(2) Unless the law specifically precludes suspension of an automatic approval process, a pending application filed with the commission under full or partial suspension will be automatically approved thirty days from the date of suspension if all issues are resolved. If all issues are not resolved by the thirtieth day, the application will be either dismissed by entry or suspended a second time. Any such second suspension will be accompanied by notice to the applicant explaining the rationale for the additional suspension. Applications under a second suspension cannot be approved without a commission entry or order.

(3) Under this paragraph, an application under full suspension is entirely precluded from taking effect.

(4) Under this paragraph, an application under partial suspension is permitted to take effect, in part or in its entirety, under the proposed terms and conditions, subject to further review by the commission. The applicant is put on notice that the commission, subsequent to further review, may modify the rates and/or terms and conditions of tariffed pole, duct, conduit, and rights-of-way access affected by the applications.

(5) A full or partial suspension of tariffed pole, duct, conduit, and rights-of-way access may also be imposed, after an application is approved under the automatic approval process, if an ex post facto determination is made that the tariff is in violation of law or commission rules. Applications proposing to change the rate shall include a calculation sheet, identification of the specific sources of the formula inputs, workpapers, and any company-specific records/data underlying the formula inputs including the appurtenance factor, pole height and pole count.

(B) Rates, terms, and conditions for nondiscriminatory access to public utility poles, ducts, conduits, and rights-of-way by another public utility are to be established through negotiated agreements.

(C) Access to poles, ducts, conduits, and rights-of-way as outlined in paragraphs (A) and (B) of this rule are to be established pursuant to 47 U.S.C. 224, as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code.

(D) Pole attachment and conduit occupancy rate formulas

(1) The commission will determine whether a rate, term, or condition is just and reasonable in complaint proceedings or in tariff filings. For the purposes of this paragraph, a rate is just and reasonable if it assures a utility the recovery of not less than the additional costs of providing pole attachments, nor more than an amount determined by multiplying the percentage of the total usable space, or the percentage of the total duct or conduit capacity, which is occupied by the pole attachment by the sum of the operating expenses and actual capital costs of the public utility attributable to the entire pole, duct, conduit, or right-of-way. When calculating the pole attachment and conduit occupancy rates, any unamortized excess accumulated deferred income tax resulting from the Tax Cut and Jobs Act of 2017 shall be deducted from the gross plant and gross pole investment total.

(2) The commission will apply the formula set forth in 47 C.F.R. 1.1406(d)(1) and (e), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code for determining a maximum just and reasonable rate for pole attachments.

(3) The commission will apply the formula set forth in 47 C.F.R. 1.1406(d)(3), (4) and (e), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code for determining a maximum just and reasonable rate for conduit occupancy.

(4) With respect to the formula referenced in paragraph (D)(2) of this rule, the space occupied by an attachment is presumed to be one foot. The amount of usable space is presumed to be thirteen and one-half feet. The amount of unusable space is presumed to be twenty-four feet. The pole height is presumed to be thirty-seven and one-half feet. These presumptions may be rebutted by either party.

(5) Relative to joint use agreements, the default rates may be negotiated or determined by the commission in the context of a complaint case.

(E) Red-tagged pole replacement costs are not to be allocated to new or existing attachers. For non-red-tagged costs (including replacement costs), the costs of modifying a facility shall be borne by all parties that obtain access to the facility as a result of the modification and by all parties that directly benefit from the modification. Each party described in the preceding sentence shall share proportionately in the cost of the modification. A party with a preexisting attachment to the modified facility will be deemed to directly benefit from a modification if, after receiving notification of such modification as provided in paragraph (B)(3) of rule 4901:1-3-03 of the Administrative Code, it adds to or modifies its attachment. Notwithstanding the foregoing, a party with a preexisting attachment to a pole, conduit, duct, or right-of-way are not required to bear any of the costs of rearranging or replacing its attachment if such rearrangement or replacement is necessitated solely, consistent with 47 C.F.R 1.1408 as clarified by the FCC in its "Fourth Report and Order, Declaratory Ruling and Third Further Notice of Proposed Rulemaking," WC Docket No. 17-84, FCC 23-109 (Dec. 15, 2023), as a result of an additional attachment or the modification of an existing attachment sought by another party. If a party makes an attachment to the facility after the completion of the modification, such party will share proportionately in the cost of the modification if such modification rendered possible the added attachment.

(F) A public utility that engages in the provision of telecommunications services or cable services shall impute to its costs of providing such services (and charge any affiliate, subsidiary, or associate company engaged in the provision of such services) an equal amount to the pole attachment rate for which such company would be liable under this rule, pursuant to 47 U.S.C. 224(g), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code.

Last updated December 4, 2025 at 2:10 PM

History

Effective: November 24, 2025
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-3-05 Complaints.

[Comment: For dates of references to a section of either the United States Code (U.S.C.) or a regulation in the code of federal regulations (C.F.R.) see rule 4901:1-3-02 of the Administrative Code.]

(A) Any attaching entity may file a complaint against a public utility pursuant to section 4905.26 or 4927.21 of the Revised Code, as applicable, to address claims that it has been denied access to a public utility pole, duct, conduit, or right-of-way in violation of section 4905.51 of the Revised Code or 47 U.S.C. 224, as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code; and/or that a rate, term, or condition for a pole attachment are not just and reasonable. The provisions and procedures set forth in sections 4905.26 and 4927.21 of the Revised Code, and Chapters 4901-1 and 4901-9 of the Administrative Code, apply. The commission shall issue a decision resolving issue(s) presented in a complaint filed pursuant to this rule within a reasonable time not to exceed sixty days after the filing of briefs in the complaint case.

(B) In complaint proceedings challenging the rates, terms, and conditions of existing joint use agreements between public utilities, there is a presumption that such rates, terms, and conditions are just and reasonable. A public utility can rebut this presumption by a preponderance of the evidence demonstrating that a rate, term, or condition is not just and reasonable.

Last updated December 1, 2025 at 7:38 AM

History

Effective: November 24, 2025
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-3-06 Mediation and arbitration of agreements.

(A) All public utilities have the duty to provide nondiscriminatory access to poles, ducts, conduits, and rights-of-way consistent with paragraph (A)(1) of rule 4901:1-3-03 of the Administrative Code. At any time, if parties are unable to reach an agreement on rates, terms, or conditions regarding access to poles, ducts, conduits, and rights-of-way, including situations that result in delays in approving and completing attachments or otherwise providing access, either party may petition the commission to mediate or arbitrate such agreement according to procedures established in rules 4901:1-7-08 to 4901:1-7-10 of the Administrative Code.

(B) Petitions for mediation to resolve pole attachment disputes that impede or delay the deployment of broadband facilities shall be scheduled for a settlement conference no later than thirty calendar days following the date of the petition. A mediation petition which alleges an impediment or delay to an active broadband facilities deployment or project must provide proof of such active deployment or project in addition to the requirements established in paragraph (B)(2) of rule 4901:1-7-08 of the Administrative Code. Disputes deemed not to impede or delay an active broadband facilities deployment or project will be subject to the timeframe set forth in paragraph (B)(3) of rule 4901:1-7-08 of the Administrative Code.

Last updated December 4, 2025 at 2:10 PM

History

Effective: November 24, 2025
Promulgated Under: 111.15

Chapter 4901:1-6 Retail Telecommunication Services

Ohio Adm.Code 4901:1-6-01 Definitions.

As used within this chapter, these terms denote the following:

(A) "Alternative operator services (AOS)" means any intrastate operator-assisted services, other than inmate operator services (IOS), in which the customer and the end user are totally separate entities. The AOS provider contracts with the customer to provide the AOS; however, the AOS provider does not directly contract with the billed party to provide the services even though it is the billed party who actually pays for the processing of the operator-assisted calls. AOS does not include coin-sent calls.

(B) "Alternative provider" includes a telephone company, including a wireless service provider, a telecommunications carrier, and a provider of internet-protocol enabled services, including voice over internet protocol.

(D) "Bundle or package of services" means the same as division (A)(2) of section 4927.01 of the Revised Code.

(E) "Carrier access" means the same as division (A)(3) of section 4927.01 of the Revised Code.

(F) "Commission" means the public utilities commission of Ohio.

(G) "Competitive eligible telecommunications carrier (CETC)" means a carrier, other than an incumbent local exchange carrier, designated by a state commission as an eligible telecommunications carrier.

(H) "Competitive emergency services telecommunications carrier (CESTC)" means a telephone company that is a 9-1-1 system service provider that with respect to a service area, that was not an incumbent 9-1-1 system service provider on or after the date of enactment of the Telecommunications Act of 1996 (1996 act) or its successor or assignee of an incumbent local exchange.

(I) "Competitive local exchange carrier (CLEC)" means, with respect to a service area, any facilities-based and nonfacilities-based local exchange carrier that was not an incumbent local exchange carrier on the date of enactment of the 1996 act or is not an entity that, on or after such date of enactment, became a successor or assignee of an incumbent local exchange carrier.

(J) "Customer" means any person, firm, partnership, corporation, municipality, cooperative organization, government agency, etc., that agrees to purchase a telecommunications service and is responsible for paying charges and for complying with the rules and regulations of the telephone company. For purposes of this chapter, customer means a retail customer except where the term is specifically designated within a rule to mean a wholesale customer of the telephone company.

(K) "Eligible telecommunications carrier (ETC)" means a carrier designated by a state commission as defined in subpart C of FCC 47 C.F.R. 54.201.

(L) "Exchange area" means the same as division (A) of section 4927.12 of the Revised Code.

(M) "Facilities-based CLEC" means, with a respect to a service area, any local exchange carrier that uses facilities it owns, operates, manages or controls to provide basic local exchange services to consumers on a common carrier basis; and that was not an incumbent local exchange carrier on the date of the enactment of the 1996 act. Such carrier may partially or totally own, operate, manage or control such facilities. Carriers not included in such classification are carriers providing service(s) solely by resale of the incumbent local exchange carrier's local exchange services.

(N) "Federal poverty level" means the same as division (A)(4) of section 4927.01 of the Revised Code.

(O) "Flat rate" service means unlimited number of local calls at a fixed charge.

(P) "Incremental cost" means the additional cost (expense) incurred by an ILEC to offer BLES to an additional subscriber, excluding cost recovered through service establishment/installation charges, over existing and/or new facilities.

(Q) "Incumbent local exchange carrier (ILEC)" means the same as division (A)(5) of section 4927.01 of the Revised Code.

(R) "Inmate operator services (IOS)" means any intrastate telecommunications service initiated from an inmate telephone, i.e., a telephone instrument set aside by authorities of a secured correctional facility for use by inmates or juvenile offenders.

(S) "Internet protocol-enabled services" means the same as division (A)(6) of section 4927.01 of the Revised Code.

(T) "Large ILEC" means any ILEC serving fifty thousand or more access lines in Ohio.

(U) "Line loss" means the same as division (A) of section 4927.123 of the Revised Code.

(V) "Local exchange carrier" means the same as division (A)(8) of section 4927.01 of the Revised Code.

(W) "Local service area" means the same as division (A)(9) of section 4927.01 of the Revised Code.

(X) "Nonresidential service" means a telecommunication service primarily used for business, professional, institutional or occupational use.

(Y) "Postmark" means a mark, including a date, stamped or imprinted on a bill, piece of mail, or email which serves to record the actual date of its mailing.

(Z) "Preferred carrier freeze" (PCF) means a service that prevents a change in a customer's preferred carrier selection, unless the customer gives consent for such change to the carrier from whom the freeze was requested.

(AA) "Provider of last resort" means an ILEC or successor telephone company that is required to provide basic local exchange service on a reasonable and non-discriminatory basis to all persons or entities in its service area requesting that service as set forth in section 4927.11 of the Revised Code.

(BB) "Public safety answering point" (PSAP) means a facility to which 9-1-1 system calls for a specific territory are initially routed for response and where personnel respond to specific requests for emergency service by directly dispatching the appropriate emergency service provider, relaying a message to the appropriate provider, or transferring the call to the appropriate provider.

(CC) "Regulated service" means service under the jurisdiction of the commission.

(DD) "Residential service" means a telecommunications service provided primarily for household use.

(EE) "Small business" means the same as division (A)(10) of section 4927.01 of the Revised Code.

(FF) "Tariff" means a schedule of rates, tolls, rentals, charges, classifications, and rules applicable to services and equipment provided by a telephone company that has been filed or posted in such places or in such manner as the commission orders.

(GG) "Telecommunications" means the same as division (A)(11) of section 4927.01 of the Revised Code.

(HH) "Telecommunications carrier" means the same as division (A)(12) of section 4927.01 of the Revised Code.

(II) "Telecommunications relay service (TRS)" means intrastate transmission services that provide the ability for an individual who has a hearing or speech impairment to engage in a communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual, who does not have a hearing or speech impairment, to communicate using voice communication services by wire or radio. TRS includes services that enable two-way communication between an individual who uses a telecommunications device for the deaf or other nonvoice terminal device and an individual who does not use such a device.

(JJ) "Telecommunications service" means the same as division (A)(13) of section 4927.01 of the Revised Code.

(KK) "Telephone company" means the same as division (A)(14) of section 4927.01 of the Revised Code.

(LL) "Telephone exchange service" means the same as division (A)(15) of section 4927.01 of the Revised Code.

(MM) "Telephone toll service" means the same as division (A)(16) of section 4927.01 of the Revised Code.

(NN) "Traditional service area" means the area in which an ILEC provided basic local exchange service on the date of enactment of the Telecommunications Act of 1996, 110 Stat. 60, 47 U.S.C. 153, and includes any commission-approved changes to an ILEC's traditional service area after that date.

(OO) "Voice over internet protocol service" (VoIP) means the same as division (A)(17) of section 4927.01 of the Revised Code.

(PP) "Wireless service means the same as division (A)(19) of section 4927.01 of the Revised Code.

(QQ) "Wireless service provider" means the same as division (A)(20) of section 4927.01 of the Revised Code.

Last updated October 7, 2024 at 12:53 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-02 Purpose and scope.

[Comment: For dates of references to a section of either the United States Code or a regulation in the code of federal regulations see rule 4901:1-6-02 of the Administrative Code.]

(A) The rules set forth in Chapter 4901:1-6 of the Administrative Code, apply to all incumbent local exchange carriers (ILECs), competitive local exchange carriers (CLECs), and other providers of telecommunication services, unless otherwise specified in this chapter or commission order.

(B) A wireless service provider and a reseller of wireless service are exempt from all rules in Chapter 4901:1-6 of the Administrative Code, except rules 4901:1-6-24 (wireless service provisions), 4901:1-6-09, eligible telecommunications carrier (ETC), 4901:1-6-19, lifeline requirements for ETCs (where the wireless service provider or reseller of wireless service has attained ETC status), and 4901:1-6-36, telecommunications relay service.

(C) A provider of interconnected voice over internet protocol-enabled service is exempt from all rules in Chapter 4901:1-6 of the Administrative Code, except for rule 4901:1-6-36 (TRS).

(D) A provider of any telecommunications service that was not commercially available as of September 13, 2010, and that employs technology that became available for commercial use only after September 13, 2010, is exempt from all rules set forth in Chapter 4901:1-6 of the Administrative Code, except for rule 4901:1-6-36 (TRS), in the event such provider is subsequently required under federal law to provide to its customers access to telecommunications relay service.

(E) The commission may, upon a party's detailed application or motion containing the requested waiver period, waive any requirement of this chapter, for good cause shown, other than a requirement mandated by statute from which no waiver is permitted.

(F) Waiver requests are not deemed to be granted unless approved by order of the commission. Waiver requests made in proceedings which have an automatic approval time frame will toll any automatic approval time frames set forth in rule 4901:1-6-05 of the Administrative Code.

(G) Each citation within this chapter that is made either to a section of the United States Code or a regulation in the code of federal regulation is intended, to incorporate by reference the particular version of the cited matter that was effective on July 1, 2022.

(H) Telephones companies shall follow all applicable federal statutes and regulations.

Last updated September 30, 2024 at 8:33 AM

History

Effective: September 29, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-03 Investigation and monitoring.

Consistent with applicable law, nothing contained within this chapter precludes the commission or its staff from:

(A) Requiring a telephone company to furnish additional information necessary to carry out its authority under Title 49 of the Revised Code.

(B) Monitoring a telephone company's compliance with the law or any of the commission's rules and orders.

(C) Initiating an investigation into a telephone company's compliance with the law or any of the commission's rules and orders.

Last updated October 7, 2024 at 12:53 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-04 Application and notice filings.

(A) For all applications filed under this chapter, a telephone company shall complete the most up-to-date telecommunications filing form for telephone-related applications and notice filings. This form may change from time-to-time without further commission entry. Commission staff will maintain a current, updated copy to provide to applicants. The most recent version of the form will be posted on the commission's website.

(B) Failure to utilize the current telecommunications filing form for any initial filing as well as failure to include the required attachments as outlined on the form may result in immediate dismissal of the application. The commission, the legal director, the deputy legal director, or an attorney examiner has the authority to issue the entry dismissing an application under this rule.

(C) All amendments, motions, and other supplemental pleadings to an open case under these rules need not use the telecommunications filing form, but must clearly state the case number such filings are in reference to.

Last updated October 7, 2024 at 12:54 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-05 Automatic approval and notice filing process.

(A) Many filings pursuant to the rules adopted in this chapter are subject to an automatic approval process or a notice filing. With the exception of zero-day notices, an automatic time frame will begin on the day after a filing is made with the commission's docketing division. Furthermore, under an automatic approval process, if the commission does not take action before the expiration of the filing's applicable time frame, the filing shall be deemed approved and become effective on the following day, if a tariff is involved, in compliance with paragraph (C) of rule 4901:1-6-11 of the Administrative Code, or later date if requested by the company. For example, a filing subject to a thirty-day process will, absent suspension or other commission action, become effective on the thirty-first day after the initial filing is made with the commission. Unless otherwise ordered, any motions not ruled upon by the commission during the filing's applicable time frame are deemed to be denied.

(B) A filing subject to the zero-day notice procedure will be effective on the same day the filing is made with the commission. Notice filings are not considered to be commission-approved.

Last updated September 30, 2024 at 8:33 AM

History

Effective: September 29, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-06 Suspensions.

(A) Unless otherwise provided in law, the commission, legal director, deputy legal director, or attorney examiner may impose a full or partial suspension of any automatic approval process, notice filing, or tariff approved pursuant to this chapter, if such filing is contrary to law or the rules of the commission.

(B) Under this rule, if a tariff filing is contrary to law or the rules of the commission, the commission may require a telephone company to discontinue provision of the affected tariffed telecommunications service(s) or, under partial suspension, cease offering the affected tariffed telecommunications service(s) to new customers, or take other actions with regard to the affected service(s) as the commission may require.

(C) Unless the law specifically precludes suspension of an automatic approval process, a pending application under full or partial suspension will be automatically approved sixty days from the date of suspension if all issues are resolved. If all issues are not resolved by the sixtieth day, the application will be either dismissed by entry or suspended a second time. Any such second suspension shall be accompanied by notice to the applicant explaining the rationale for the additional suspension. Applications under a second suspension cannot be approved without a commission entry or order.

(1) Under this paragraph, an application under full suspension is entirely precluded from taking effect.

(2) Under this paragraph, an application under partial suspension is permitted to take effect, in part or in its entirety, under the proposed terms and conditions, subject to further review by the commission. The applicant is put on notice that the commission, subsequent to further review, may modify the rates and/or terms and conditions of tariffed telecommunications service(s) affected by the application.

(D) For-profit ILEC BLES pricing flexibility applications, filed pursuant to paragraph (C)(1)(c) of rule 4901:1-6-14 of the Administrative Code, are subject to one full suspension of the automatic approval process and must be approved or denied not later than ninety days after the date of suspension. Under this paragraph, an application under full suspension is entirely precluded from taking effect.

(E) A full or partial suspension of tariffed telecommunications services may also be imposed, after an application has been approved under the automatic approval process or is subject to a zero-day notice filing, if an ex post facto determination is made that the tariff may not be in the public interest, or is in violation of law or commission rules.

Last updated October 7, 2024 at 12:54 PM

History

Effective: February 17, 2020
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-07 Customer notice requirements.

(A) Except for notices for abandonment or withdrawal of telecommunications service pursuant to rules 4901:1-6-26 and 4901:1-6-25 of the Administrative Code, respectively, and upward alterations of basic local exchange service (BLES) rates pursuant to rule 4901:1-6-14 of the Administrative Code, a customer notice is to be provided consistent with the requirements of division (A) of section 4927.17 of the Revised Code. Customer notice is not required for a decrease in rates.

(B) For abandonment or withdrawal of telecommunications service and upward alterations of BLES rates, a telephone company will provide at least thirty days advance notice to its affected customers in accordance with rules 4901:1-6-26, 4901:1-6-25, and 4901:1-6-14 of the Administrative Code, respectively.

(C) For every customer notice, a telephone company will provide to the commission a copy of the actual customer notice and an affidavit verifying that the customer notice was provided to affected customers. A copy of the applicable customer notice is to be provided to commission staff no later than the date it is provided to customers by emailing the text of the customer notice to a commission-provided electronic mailbox at: Telecomm-Rule07@puc.state.oh.us.

(D) Every customer notice will identify the name of the company or brand name familiar to the customer (i.e. the company's "doing business as" name) and the company's customer service toll-free telephone number and web site (if one exists), along with a clear description of the impact on the customer. If the notice is informing a customer of a material change in the rates, terms, or conditions of service, the notice will also name the service offering being changed, a description of the change including any increase in rate(s), the effective date of the change, and the company's contact information.

(E) Notice will be provided to affected customers in any reasonable manner, including bill insert, bill message, direct mail, or, if the customer consents, electronic means.

(F) For change in operation applications filed pursuant to rule 4901:1-6-29 of the Administrative Code, the customer notice is to explain how the customer will be directly impacted by the application and what customer action, if any, is necessary as a result of such application.

(G) At a minimum, the notice for a withdrawal or abandonment of service should provide the proposed effective date of the service withdrawal, instructions to the customers on how they may obtain replacement service(s), and the commission's toll-free and TTY-TDD telephone numbers.

(H) In the event that the commission staff determines that a notice provided to customers is not consistent with the law or commission rules, the commission staff may require the company to re-notice customers.

Last updated October 7, 2024 at 12:54 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-08 Telephone company certification.

(A) Any telephone company desiring to offer telecommunication services in Ohio shall file an application for certification (ACE) with the commission using the most up-to-date telecommunications filing form available from the commission's web site. The form serves to identify the specific types of telecommunication services the applicant wishes to offer, and to verify the applicant's commitment to comply with all applicable commission rules and regulations.

(B) Paragraph (A) of this rule does not apply to any incumbent local exchange carrier (ILEC) with respect to its geographic service area as that area existed on September 13, 2010. An ILEC or its holding company seeking to operate outside of its geographic service area as that area existed on September 13, 2010 shall file an application for certification.

(1) Interested persons who can show good cause why such application should not be granted may file with the commission a written statement detailing the reasons, as well as a motion to intervene, within fifteen calendar days after the application is docketed. The applicant may respond to any motion to intervene no later than seven calendar days after the filing and service of the motion.

(2) Absent full or partial suspension, applications seeking certification as a telephone company will be approved in accordance with the thirty-day automatic approval process described in rule 4901:1-6-05 of the Administrative Code.

(D) The commission's docketing division will assign a tariff filing (TRF) docket number, if applicable, and inform the applicant of that number within fourteen days of filing so that the applicant may finalize its tariff and price lists prior to the automatic approval date of the ACE. Failure to file all necessary tariff revisions requested by commission staff prior to the thirtieth day from initial filing of the ACE application will result in suspension or dismissal of the application. Final tariffs, where applicable, may be filed in the ACE case as well as in the applicant's TRF docket no later than ten days after the automatic approval date.

(E) Minimum information required to be filed by all applicants seeking certification as a telephone company to operate in the state of Ohio is as follows:

(1) A certificate of good standing and a certificate to operate as an out-of-state entity issued by the Ohio secretary of state and, if applicable, fictitious name authorization.

(2) The company's name and address, and if available, e-mail address and web site.

(3) The name of a contact person and that person's contact information.

(4) A general description and list of the types of telecommunications service(s) proposed to be offered and a description of the general geographic area served (maps are not required).

(5) Verification that the applicant will follow federal communications commission (FCC) accounting requirements, if applicable.

(6) Documentation attesting to the applicant's satisfactory technical expertise relative to the proposed service offering(s).

(7) Documentation indicating the applicant's satisfactory corporate structure, managerial expertise, and ownership.

(8) Information pertaining to any similar operations provided by the applicant in other states.

(9) Evidence of notice to the Ohio department of taxation, public utilities tax division, of the applicant's intent to provide service.

(10) Any waivers sought by the applicant, submitted pursuant to rule 4901:1-6-02 of the Administrative Code.

(11) Documentation attesting to the applicant's financial viability, including, at a minimum, an actual and pro forma income statement and balance sheet.

(12) For competitive local exchange carriers (CLECs), a notarized affidavit signed by an authorized employee and accompanied by the bona fide request for interconnection letter sent to the ILEC that verifies that the applicant has entered into negotiations to establish an interconnection and/or transport and termination agreements with, at a minimum, the ILEC(s) serving the geographic area(s) where the applicant will be providing its services. If the agreements(s) have already been filed with the commission for approval, the specific case numbers should be stated. To the extent the agreements have not been filed, the applicant should state the estimated time frame for such filing. An applicant that intends to provide service to customers by solely reselling the retail services of an underlying facilities-based CLEC is exempt from this requirement. Upon receiving certification, a CLEC may start providing service after it files with the commission, for the commission's approval, an interconnection and/or transport and termination agreement with the ILEC and/or a resale agreement with another CLEC as required pursuant to this rule.

(F) Additional requirements to be submitted by a telephone company seeking to offer basic local exchange service (BLES) or other services required to be tariffed under Chapter 4927. of the Revised Code and rule 4901:1-6-11 of the Administrative Code include:

(1) Proposed tariffs, including a full description of proposed services and operations as well as all relevant terms and conditions for BLES and other retail services set forth in rule 4901:1-6-11 of the Administrative Code if offered to customers. Tariffs may incorporate by reference the exchanges of an ILEC if the applicant is proposing to mirror the ILEC's local service areas in its entirety. If an applicant is a facilities-based CLEC, it is to provide a carrier-to-carrier tariff, which at a minimum includes an access tariff. Other wholesale services set forth in rule 4901:1-6-11 of the Administrative Code, if offered to wholesale customers, is to also be tariffed in its carrier-to-carrier tariff.

(2) A list of the ILECs in whose territory the applicant intends to serve. If the applicant is not mirroring an ILEC's entire local service area, the CLEC has to specifically define its local service area.

(3) Nothing precludes the staff of the commission from requiring additional information consistent with this chapter.

(G) Scope of operating authority

(1) The commission will grant statewide operating authority to a telephone company seeking to offer telecommunications services provided that the company meets the associated certification requirements.

(2) A CLEC has to update its certification if it seeks to expand its operation within its statewide authorization subsequent to certification. To do so, the CLEC will file in its TRF case a notarized affidavit signed by an authorized employee verifying that the CLEC has an interconnection and/or transport and termination traffic agreement with the ILEC serving the territory into which the CLEC intends to expand and identifying the specific case numbers in which the agreements were filed. The CLEC will also file any tariff update, if applicable.

(H) The commission may suspend or reject the certification application of a telephone company if it finds, within thirty days after filing and based on the information provided in the application, that the applicant lacks financial, technical, or managerial ability sufficient to provide adequate service to the public consistent with law.

(I) Suspension or revocation of certificate

Nothing contained within these rules precludes the commission, after reasonable notice and an opportunity to be heard, from suspending, rescinding or conditionally rescinding the certification of a telephone company upon a demonstration that the company has engaged in a pattern of conduct in violation of Ohio law. This includes the failure to comply with the rules of the commission, including the failure to file the requisite annual reports and the failure to pay all corresponding assessments.

Last updated October 7, 2024 at 12:54 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-09 Eligible telecommunications carriers.

[Comment: For dates of references to a section of either the United States Code or a regulation in the code of federal regulations see rule 4901:1-6-02 of the Administrative Code.]

(A) Competitive eligible telecommunication carrier (CETC)

Pursuant to 47 U.S.C. 214(e), upon request and consistent with the public interest, convenience, and necessity, the commission may, upon application, designate a CETC where that applicant meets the requirements of 47 U.S.C. 214, 47 C.F.R. 54.201(d) and 47 C.F.R. 54.202. The commission may subject such designation of CETC authority to additional conditions consistent with the public interest, convenience, and necessity.

(B) In order to be designated a CETC pursuant to 47 U.S.C. 214(e), an entity has to provide the following:

(1) An application with the commission demonstrating its compliance with all federal and state CETC and lifeline requirements pursuant to 47 C.F.R. 54.201 to 209, rule 4901:6-19 of the Administrative Code, where applicable, and this rule.

(2) The most up-to-date telecommunications filing form and include all completed exhibits as required by the filing form. Commission staff will maintain a current, updated copy of the CETC filing form with the list of CETC required exhibits. The most recent version of the form will be posted on the commission's website. An application for CETC designation is filed as a TP-UNC case purpose code which is not subject to an automatic approval process. Rather, a CETC designation can be granted only by a commission order approving such request.

Compliance by all ETCs, i.e., incumbent local exchange carrier ETCs and CETCs with the following annual reporting requirements is necessary in order to be eligible for federal universal service funding in any given year:

(1) No later than August thirty-first of each year, an ETC receiving high cost funding files an affidavit with the commission stating that all federal high-cost support provided to the carrier for service areas in Ohio will be used only for the provision, maintenance, and upgrading of facilities and services for which the support was intended pursuant to 47 U.S.C. 254(e).

(2) No later than January thirty-first of each year, or a date otherwise designated by the universal service administration company (USAC), an ETC receiving lifeline support files a completed copy of the federal communications commission (FCC) annual lifeline certification and verification affidavit, that is submitted to USAC, with the commission.

(D) Revocation or relinquishment of ETC designation

(1) The commission may revoke, consistent with commission and FCC rules and regulations, an ETC designation if it finds that the company has failed to comply with any state or federal ETC requirements, including the failure to pay all corresponding assessments.

(2) An ETC may seek to relinquish its ETC designation for an area pursuant to 47 C.F.R. 54.205 through the filing of a nonautomatic application with the commission under the case purpose code TP-UNC. An ETC will not be relieved of its ETC designation until the commission issues an order granting the request.

Last updated October 7, 2024 at 12:54 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-10 Competitive emergency services telecommunications carrier certification.

(A) No person may be authorized as a competitive emergency services telecommunications carrier (CESTC) in the state of Ohio, unless it submits an application for certification (ACE) with the items set forth in paragraph (E) of rule 4901:1-6-08 of the Administrative Code and any additional items requested by commission staff. No competitive local exchange carrier or incumbent local exchange carrier operating outside of its traditional service area that is seeking to offer CESTC service, subsequent to its initial certification is authorized to offer such service unless it files a thirty-day ACE seeking CESTC authority, a proposed CESTC tariff, and any additional items requested by commission staff and receives authorization to provide that service.

(B) Certificate timeline

(1) Parties seeking to contest the application may intervene as provided by rule 4901-1-11 of the Administrative Code on or before fifteen calendar days after the application is filed. The applicant may respond to any motion to intervene not later than seven calendar days after the filing and service of the motion.

(2) Absent full or partial suspension, applications seeking certification as a CESTC will be approved in accordance with the thirty-day automatic approval process described in rule 4901:1-6-05 of the Administrative Code.

(C) A CESTC may operate as a 9-1-1 system service provider only after the county has amended its 9-1-1 plan to identify that carrier as the 9-1-1 carrier of choice for a public safety answering point (PSAP)(s) serving end users in that county for the designated telecommunications traffic.

(D) A CESTC authorized to act as a 9-1-1 system service provider to a PSAP will carry all calls for that PSAP for those services designated to it by the PSAP. In addition to the ILEC, there may be no more than one CESTC designated by the PSAP as set forth in the approved county plan.

(E) Once the county plan has been amended, a CESTC will update its tariff to reflect the PSAP(s) served by the CESTC and which type of telecommunications traffic will be provided to that PSAP. Contracts between a CESTC and all individual counties for the provision of emergency service to a PSAP(s) within that county are to be submitted to the statewide emergency services internet protocol network steering committee or its designee.

(F) A CESTC will interconnect with each PSAP in a county and adjacent 9-1-1 systems across county lines to ensure transferability of all 9-1-1/E9-1-1 calls.

(G) The commission may grant a CESTC, statewide operating authority provided the company meets the associated certification requirements. As a CESTC seeks to expand its operation within its statewide authorization, it should update its tariff by filing, in its TRF case, an up-to-date list of the counties in which the CESTC is actually provisioning service.

Last updated October 7, 2024 at 12:54 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-11 Tariff services.

(A) Services required to be tariffed

(1) The rates, terms, and conditions for 9-1-1 service provided in this state by a telephone company or a telecommunications carrier, and for each of the following provided by a telephone company, shall be tariffed and approved by the commission and be subject to all applicable laws, including rules or regulations adopted and orders issued by the commission or the federal communications commission:

(a) Basic local exchange service (BLES), including BLES installation and reconnection fees and lifeline service rates or discounts.

(b) Carrier access.

(d) Pole attachments and conduit occupancy under section 4905.71 of the Revised Code.

(e) Pay telephone access lines.

(f) Toll presubscription.

(g) Inmate operator services.

(h) Telecommunications relay service.

(2) All other telecommunications services offered by a telephone company shall not be included in tariffs filed with the commission, but will still be subject to commission oversight and regulation as provided in Chapter 4927. of the Revised Code and Chapter 4901:1-6 of the Administrative Code.

(B) Tariffing requirements

All tariffs for services required to be tariffed under paragraph (A) of this rule, shall include both the appropriate issued (the date the tariff was filed with the commission) and effective (the date the service(s) will be offered) dates. All tariffs shall include, at a minimum, the following elements:

(1) A title page and a table of contents.

(2) A description of all services offered along with all terms and conditions associated with the provision of each service.

(3) For BLES, a description of the actual BLES local service area in which a customer may complete a call without incurring a toll charge. Any change to a local service area must be reflected in the tariff on file with the commission.

(4) A complete list of rates, relative to the provision of each service.

(5) For BLES, a statement informing customers that all telephone companies offering BLES are subject to the commission's service requirements for BLES found in rule 4901:1-6-12 of the Administrative Code.

(6) For tariffs filed requiring prior commission approval, each final tariff sheet must exhibit the commission authority by designating the case number in which the tariff was approved, the automatic date of effectiveness or commission order date, the effective date of the tariff sheet, the name of the telephone company, and the name of an officer of the telephone company. This information should be included in a header, a footer, or a combination thereof.

(7) For tariffs filed pursuant to a zero-day notice filing, each final tariff sheet should include the effective date of the tariff sheet, the name of the telephone company, and the name of an officer of the telephone company. This information should be included in a header, a footer, or a combination thereof.

(1) The commission will maintain and designate for each telephone company offering tariffed telecommunications services a TRF docket for the filing of final tariffs and filings subject to a zero-day notice procedure.

(2) The docketing division will assign a TRF docket number when a telephone company seeks to obtain initial certification.

(3) For applications in which new or revised tariff pages are involved, such tariff page(s) shall be filed in final form in the TRF docket and include the appropriate application purpose code, where applicable. For filings subject to a zero-day notice procedure, such notice shall include a filing form, description of filing request, final tariff pages, and, if applicable, a customer notice. For nonautomatic applications and those applications subject to an automatic approval process (other than the zero-day notice process), final tariff pages must be filed within ten calendar days after the approval date. The effective date on the tariffs shall be a date no sooner than the date the final tariffs are filed with the commission.

Last updated September 30, 2024 at 8:33 AM

History

Effective: September 29, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-12 Service requirements for BLES.

(A) A local exchange carrier (LEC) providing basic local exchange service (BLES) shall conduct its operations so as to ensure that the service is available, adequate, and reliable consistent with sections 4927.07, 4927.10 and 4927.11 of the Revised Code.

(B) The fact that a LEC providing BLES fails to comply with any provision(s) within this chapter, or with other applicable federal or state telecommunications law, does not by itself constitute inadequate service as a matter of law. Rather, the question as to whether BLES is legally inadequate requires a formal determination by the commission, preceded by a hearing pursuant to section 4927.21 of the Revised Code unless the hearing is waived by the complainant and the respondent.

(1) BLES shall be installed within five business days of the receipt by a telephone company of a completed application for new access line service, unless the customer requests or agrees to a later date.

(2) The requirement to install BLES in paragraph (C)(1) of this rule is not applicable where any of the following exist:

(a) A customer or applicant has not met pertinent tariff requirements.

(b) The need for special equipment or service.

(d) The customer misses an installation appointment.

(3) A LEC shall make reasonable efforts to repair a BLES outage within twenty-four hours, excluding Sundays and legal holidays, after the outage is reported to the telephone company.

(4) A BLES service outage or service-affecting problem shall be repaired within seventy-two hours after it is reported to the telephone company.

(5) If a BLES outage is reported to the telephone company and lasts more than seventy-two hours, the LEC shall credit every affected BLES customer, of which the LEC is aware, in the amount of one month's charges for BLES.

(6) The customer credit in paragraph (C)(5) of this rule is not applicable if the condition or failure to repair occurs as a result of any of the following:

(a) A customer's negligent or willful act.

(b) Malfunction of customer-owned telephone equipment or inside wire.

(d) Customer missing a repair appointment.

(7) No LEC shall establish a due date for payment earlier than fourteen consecutive days after the date the bill is postmarked for a bill for BLES provided to customers. The postmark date may appear on the bill rather than on the envelope, as long as the postmark date is never earlier than the date the bill actually enters the mail.

(8) A LEC may disconnect BLES for nonpayment of any amount past due on a billed account not earlier than fourteen days after the due date of the customer's bill, provided that the customer is given notice of the disconnection seven days before the disconnection.

(9) Such notice of disconnection may be included on the customer's next bill, provided the bill is postmarked at least seven days prior to the date of disconnection of service reflected on the bill, and provided that the disconnection language is clearly highlighted such that it stands apart from the customer's regular bill language. The notice shall identify the total dollar amount that must be paid to maintain BLES, the earliest date disconnection may occur, and the following statement:

"If you have a complaint in regard to this disconnection notice that cannot be resolved after you have called (name of the utility), or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service)."

For residential disconnection notices, the text shall also include:

"The Ohio consumers' counsel (OCC) represents residential utility customers in matters before the PUCO. The OCC can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.pickocc.org."

(10) A LEC may require a deposit, not to exceed two hundred thirty percent of a reasonable estimate of one month's service charges, for the installation of BLES for any person that it determines, in its discretion, is not creditworthy.

(11) A LEC shall, unless prevented from doing so by circumstances beyond the telephone company's control or unless the customer requests otherwise, reconnect a customer whose basic local exchange service was disconnected for nonpayment of past due charges not later than one business day after the day the earlier of the following occurs:

(a) The receipt by the LEC of the full amount of past due charges.

(b) The receipt by the LEC of the first payment under a mutually agreed upon payment arrangement.

Last updated October 7, 2024 at 12:55 PM

History

Effective: February 17, 2020
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-13 Warm line service.

Every telephone company providing telephone exchange service shall maintain access to 9-1-1 service on a residential customer's line for a minimum of fourteen consecutive days immediately following any disconnection for nonpayment of a customer's telephone exchange service.

Last updated October 7, 2024 at 12:55 PM

History

Effective: January 20, 2011
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-14 BLES pricing parameters.

(A) Rates for basic local exchange service (BLES) offered by a local exchange company (LEC) are subject to the tariff requirements and pricing constraints set forth in this rule.

(B) BLES regulatory framework

(1) BLES can only be offered by LECs pursuant to approved tariffs on file with the commission. A LEC offering BLES shall maintain a complete, up-to-date tariff on file at the offices of the commission at all times.

(2) The tariff for BLES shall contain all rates, terms, and conditions for BLES and installation and reconnection fees for BLES.

(3) The BLES pricing flexibility for incumbent local exchange carriers (ILECs) set forth in this rule will be applied to the monthly recurring rates for the network access line component or equivalent of a single residential BLES line or a primary small business BLES line.

(4) BLES is considered BLES for purposes of this chapter regardless of what other a la carte services and features to which a customer may subscribe.

(5) A bundle or package of telecommunications services which includes telephone exchange service is not subject to the pricing constraints contained in paragraph (C) of this rule and section 4927.12 of the Revised Code and may be priced at market-based rates.

(6) An ILEC offering BLES outside of its traditional service area or a competitive local exchange carrier (CLEC) affiliate of an ILEC offering BLES within or outside of that ILEC's traditional service area shall follow all BLES rules in this chapter that are applicable to CLECs offering BLES.

(1) Upon not less than thirty day's notice, pursuant to paragraph (E)(5) of this rule, a for-profit ILEC may increase its rates for BLES:

(a) If an ILEC, within twelve months prior to September 13, 2010, increased the ILECs' rates for BLES for the exchange area, both of the following apply:

(i) An ILEC during any subsequent twelve-month period, may alter the ILEC's monthly rates for BLES downward by any amount, but not below the carrier's incremental cost, or upward for an exchange area by not more than two dollars.

(ii) An ILEC may make multiple rate increases, in the exchange to which the application applies, within the twelve-month period that begins on the thirty-first day after the company files the application, and during any subsequent twelve-month period in compliance with paragraph (E)(5) of this rule, as long as the multiple increases do not exceed the two dollar annual price increase cap. An ILEC does not have to increase the carrier's monthly rates for BLES for residential and business customers concurrently.

(b) If the ILEC did not, within twelve months prior to September 13, 2010, increase the ILEC's rates for BLES for an exchange area, and if the commission has made a prior determination that the exchange area qualified for alternative regulation of BLES under Chapter 4901:1-4 of the Administrative Code, as that chapter existed on September 13, 2010, the ILEC during any subsequent twelve-month period, may alter the ILEC's monthly rates for BLES downward by any amount, but not below the carrier's incremental cost, or upward for the exchange area by not more two dollars.

(c) If the commission has not made a prior determination that an exchange area qualified for alternative regulation of BLES under Chapter 4901:1-4 of the Administrative Code, as that chapter existed on September 13, 2010, an ILEC may, at any time, alter the ILEC's rate for BLES for that exchange area downward by any amount, but not below the carrier's incremental cost. The carrier may not alter its rates for BLES upward for that exchange area unless the ILEC first applies to the commission and the commission determines that the application demonstrates that two or more alternative providers offer, in the exchange area, competing service to the BLES offered by the ILEC in the exchange area, regardless of the technology and facilities used by the alternative provider, the alternative provider's location, and the extent of the alternative provider's service area within the exchange area.

(i) Upon the filing of an application under paragraph (C)(1)(c) of this rule pursuant to a BLS case purpose code, the commission will be deemed to have found that the application meets the requirements of that paragraph unless the commission, within thirty days after the filing of an application, does either of the following: (a) issues an order finding that the requirements have not been met; or (b) suspends the automatic approval for good cause shown. The commission should then act to approve or deny the application not later than ninety-days after the date of suspension.

(ii) If an ILEC applies to the commission under paragraph (C)(1)(c) of this rule and the application is approved or deemed approved under paragraph (C)(1)(c)(i) of this rule, the ILEC during the twelve-month period that begins on the thirty-first day after the application was deemed approved or the date the commission issues an order approving an application that was suspended, and during any subsequent twelve-month period, may alter the carrier's monthly rates for BLES upward for the exchange area to which the application applies by not more than two dollars.

(2) Banking

Any rate increase allowed by this rule that is not used during a twelve-month period by a for-profit ILEC may not be used in any subsequent year.

(D) Not-for profit ILEC pricing flexibility.

At any time, and upon no less than thirty days' notice pursuant to paragraph (E)(5) of this rule, a not-for-profit mutual ILEC, owned and operated exclusively by and solely for its customers, may increase its rates for BLES by any amount.

(E) ILEC BLES application, process, and notice

(1) If the commission has not made a prior determination that the exchange area qualified for alternative regulation of BLES under Chapter 4901:1-4 of the Administrative Code, as that chapter existed on September 13, 2010, a for-profit ILEC must file an application seeking approval to obtain BLES pricing flexibility as set forth in paragraph (C)(1)(c)(i) of this rule, using the most up-to-date telecommunications filing form, under the case purpose code TP-BLS.

(2) A for-profit ILEC shall establish or maintain a tariffed rate cap for BLES consistent with paragraphs (C)(1)(a)(ii), (C)(1)(b), and (C)(1)(c)(ii) of this rule. Such ILECs shall file an updated tariff, for each exchange area with BLES pricing flexibility, at the end of each exchange's twelve-month period, to reflect the new anniversary date and, as necessary, the new tariffed rate cap for BLES. Such tariff is to be filed as a zero-day tariff amendment (ZTA).

(3) A for-profit ILEC's BLES price change(s) below its annual tariffed cap for BLES is subject to a zero-day notice filing under the company's tariff filing (TRF) docket.

(4) A not-for-profit ILEC's BLES rates may be established and changed in its tariff pursuant to a zero-day notice filing under the company's tariff filing (TRF) docket.

(5) Increases in an ILEC's BLES rates pursuant to paragraphs (C) and (D) of this rule require customer notice, consistent with the requirements of rule 4901:1-6-07 of the Administrative Code, to all affected customers, including the office of the Ohio consumers' counsel (OCC) if residential BLES is involved, not less than thirty days prior to the rate increase. A copy of the applicable customer notice must be provided to commission staff no later than the date it is provided to customers by emailing the text of the customer notice to a commission-provided electronic mailbox at: Telecomm-Rule07@puco.ohio.gov.

(F) BLES pricing flexibility exemption for ILECs.

Not earlier than four years after the effective date of section 4927.123 of the Revised Code as enacted in substitute House Bill 402 of the 132nd General Assembly, an ILEC may apply for an exemption from the requirements of paragraph (C) of this rule for an exchange area subject to paragraph (F)(3) of this rule.

(1) A for-profit ILEC may apply for an exemption from the requirements of paragraph (C) of this rule provided that:

(a) The ILEC shows it has experienced at least fifty per cent line loss in the exchange area since January 1, 2002 and one of the following applies:

(i) The ILEC, within twelve months prior to September 13, 2010, increased the ILEC's rates for BLES for the exchange area;

(ii) The commission has made a prior determination that the exchange area qualified for alternative regulation of BLES under Chapter 4901:1-4 of the Administrative Code, as that chapter existed on September 13, 2010, or;

(iii) The ILEC filed an application for the exchange area that was approved or deemed approved pursuant to paragraph (C)(1)(c) of this rule.

(2) Upon the filing of an application under paragraph (F)(1) of this rule pursuant to a BEX case purpose code, the commission will be deemed to have found that the application meets the requirements of that paragraph unless the commission, within thirty days after the filing of an application issues an order finding that the requirements have not been met.

(3) If an ILEC applies to the commission under paragraph (F)(1) of this rule and the application is approved or deemed approved under paragraph (F)(2) of this rule, the ILEC will be exempt from the requirements of paragraph (C) of this rule for the exchange area to which the application applies, except the ILEC may not alter the ILEC's BLES rate below the ILEC's incremental cost.

(4) Increases in an ILEC's BLES rates, after the application is approved or deemed approved under paragraph (F)(2) of this rule require customer notice, consistent with the requirements of rule 4901:1-6-07 of the Administrative Code, to the commission and all affected customers, including the office of the Ohio consumers' counsel (OCC) if residential BLES is involved, not less than thirty days prior to the rate increase. A copy of the applicable customer notice is to be provided to commission staff no later than the date it is provided to customers by emailing the text of the customer notice to a commission-provided electronic mailbox at: Telecomm-Rule07@puco.ohio.gov.

(5) Subsequent rate alterations to BLES rates, in exchanges approved or deemed approved under paragraph (F)(2) of this rule, shall be changed in its tariff pursuant to a zero-day notice filing under the company's tariff filing (TRF) docket.

(6) The granting of an exemption does not impair the rights of any person to file a complaint pursuant to section 4927.21 of the Revised Code or restrict the rights of the commission to initiate such a complaint.

(G) A decrease in BLES rates by a for-profit ILEC, under paragraph (C), (D) or (F) of this rule, shall be changed in the company's tariff pursuant to a zero-day notice filing under the company's tariff filing (TRF) docket and include an affidavit attesting that the decreased rate is not below the ILEC's incremental cost. A decrease in an ILEC's BLES rate is presumptively deemed above the carrier's incremental cost, subject to rebuttal, if the rate decrease is not more than twenty per cent of the ILEC's BLES rate at the time of the decrease.

(H) CLEC BLES pricing flexibility, process, and notice:

(1) CLECs may establish the tariffed rate(s) for any BLES offerings based on the marketplace.

(2) A CLEC's BLES rate change(s) is subject to a zero-day notice filing under the company's tariff filing (TRF) docket.

(3) A CLEC may increase its BLES rates on no less than thirty days' written notice to affected customers, including OCC if residential BLES is involved. Such increases require customer notice consistent with the requirements of rule 4901:1-6-07 of the Administrative Code. A copy of the applicable customer notice must be provided to commission staff no later than the date it is provided to customers by emailing the text of the customer notice to a commission-provided electronic mailbox at: Telecomm-Rule07@puco.ohio.gov.

(I) New services, change in terms and conditions and expansion of local service area

(1) In order to introduce BLES or for an expansion of a local service area, a LEC must docket a zero-day notice filing (ZTA) with the commission to amend its tariff, in accordance with the process set forth in rule 4901:1-6-04 of the Administrative Code. The ZTA will take effect in accordance with paragraph (B) of rule 4901:1-6-05 of the Administrative Code.

(2) Material changes in terms and conditions of an existing BLES by a LEC, including the introduction of a nonrecurring service charge, surcharge or fee to BLES by a CLEC, are to be filed through a thirty-day application for tariff amendment (ATA) filing. A standard of reasonableness will be applied to these charges including, but not limited to, a comparison with similar charges previously approved by the commission and similar charges assessed by other providers. Such application requires a customer notice to be filed in accordance with rule 4901:1-6-07 of the Administrative Code.

(J) BLES late payment charges

Late payment charges for BLES may be introduced or increased through a thirty-day ATA filing. Except for those carriers receiving an exemption pursuant to paragraph (F) of this rule, a standard of reasonableness will be applied to late payment charges including, but not limited to, a comparison with similar charges previously approved by the commission and similar charges assessed by non-regulated providers. Such application requires a customer notice to be filed in accordance with rule 4901:1-6-07 of the Administrative Code.

(K) BLES installation and reconnection fees

Any ILEC nonrecurring service charges for installation and reconnection of a single residential or primary business BLES line are to be included in the BLES tariff and may be increased through a thirty-day application for tariff amendment (ATA) filing. Except for those carriers receiving an exemption pursuant to paragraph (F) of this rule, a standard of reasonableness will be applied to nonrecurring service charges for installation and reconnection. Applications for increases to nonrecurring reconnection charges requires a customer notice to be filed in accordance with rule 4901:1-6-07 of the Administrative Code.

Last updated September 30, 2024 at 8:33 AM

History

Effective: September 29, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-15 Directory information.

A local exchange carrier providing basic local exchange service shall make available to its customers a telephone directory or directory information pursuant to the requirements set forth in division (A)(1)(b)(vi) of section 4927.01 of the Revised Code.

Last updated October 7, 2024 at 12:56 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-16 Unfair or deceptive acts and practices.

[Comment: For dates of references to a section of either the United States Code or a regulation in the code of federal regulations see rule 4901:1-6-02 of the Administrative Code.]

(A) Any communication by a telephone company, including but not limited, to solicitations, offers, contract terms and conditions, or customer agreements, as well as any other communications whether written or oral, shall be truthful, clear, conspicuous, and accurate in:

(1) Disclosing applicable information, including but not limited to: material terms and conditions, material limitations, contract length, prices, fees, features, rates, termination fees or penalties, discretionary charges, government mandated charges, and estimated taxes for services offered.

(2) Identifying, in written or printed advertising or promotional literature, any material exclusions, reservations, limitations, modifications, or conditions, which should be located in close proximity to the operative words in the solicitation, offer, or marketing materials.

(B) In the event a NID is not in place, the LEC shall inform a customer calling to report a service outage or service problem that the LEC is required to visit the customer premise at no charge to diagnose whether service difficulties exist with network wire or inside wire.

(C) As applicable, and in any reasonable manner, a LEC shall provide customers a description of the NID. That description shall include: all customer options for repairing inside wire; the function and probable location of a NID; and an explanation as to how to use a NID to test for service problems.

(D) Nothing in this rule precludes the commission from finding additional acts or practices, in addition to those identified in paragraph (A) of this rule, to constitute an unfair or deceptive act or practice in connection with the offering or provision of telecommunications service in this state either through rulemaking under section 4927.03 of the Revised Code or through an adjudication under section 4927.21 of the Revised Code. The commission will provide notice of an adjudications pursuant to division (B) of section 4927.07 of the Revised Code to all telephone companies. No telephone company is liable for damages or forfeitures for engaging in any act, practice, or omission for which it does not have prior notice either under paragraph (B) of this rule, or through another rulemaking under section 4927.03 of the Revised Code, or an adjudication under section 4927.21 of the Revised Code, that engaging in such act or practice is an unfair or deceptive act. This does not preclude the commission, however, from ordering an appropriate customer credit or remedy for a complainant in the context of an adjudication of an individual complaint, if the commission determines that the company has committed an unfair or deceptive act or practice against that complainant. In the absence of prior notice that an act or practice is unfair or deceptive under paragraph (A) of this rule, or through rulemaking under section 4927.03 of the Revised Code, or an adjudication under section 4927.21 of the Revised Code, the commission shall allow the company adequate time to implement any procedures or practices the commission determines appropriate to remedy the violation.

(E) Telephone companies shall upon request of any applicant or customer, either inform the applicant or customer of, or make available at no charge, a copy of its credit and deposit policies.

(F) Every customer's bill shall include the following statements that customers with bill questions or complaints should contact the telephone company first, as well as the following texts:

"If your complaint is not resolved after you have called (name of the utility), or for general utility information, residential and business customers may contact the Public Utilities Commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from 8:00 a.m. to 5:00 p.m. weekdays, or at www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio Relay Service)."

In addition to PUCO information, for residential bills only:

"The Ohio Consumers' Counsel (OCC) represents residential utility customers in matters before the PUCO. The OCC can be contacted at 1-877-742-5622 (toll free) from 8:00 a.m. to 5:00 p.m. weekdays, or at www.pickocc.org."

Last updated October 7, 2024 at 12:56 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-18 Slamming and preferred carrier freezes.

[Comment: For dates of references to a section of either the United States Code or a regulation in the code of federal regulations, see rule 4901:1-6-02 of the Administrative Code.]

(A) Providers of telecommunications service, in the course of submitting or executing a change on behalf of a subscriber in the selection of a telephone company, shall obtain authorization from the subscriber and verification of that authorization in accordance with the rules and procedures prescribed by the federal communications commission (FCC) at 47 C.F.R. 64.1100 to 64.1190. For purposes of this rule, the term "subscriber" has the same meaning as it does within the context of the rules and procedures prescribed by the FCC.

(B) Any provider of telecommunications service that is informed by a subscriber or the commission of an unauthorized provider change shall follow the commission's informal complaint procedures.

(C) The commission, upon complaint by any person or its own initiative, has jurisdiction under sections 4905.73 and 4905.26 of the Revised Code concerning any violation of this rule and may order remedies as delineated under the rules and procedures prescribed by the FCC and in effect at the time of the violation, as well as enforce the duties and remedies provided for under sections 4905.72 and 4905.73 of the Revised Code.

(D) All telecommunications providers that offer PCFs shall be required to refrain from attempting to retain a customer's account during the process of changing a customer's preferred carrier selection, or otherwise to provide such information to its marketing staff or any affiliate.

Last updated October 7, 2024 at 12:56 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-19 Lifeline requirements.

[Comment: For dates of references to a section of either the United States Code or a regulation in the code of federal regulations, see rule 4901:1-6-02 of the Administrative Code.]

(A) An incumbent local exchange carrier (ILEC) that is an eligible telecommunications carrier (ETC) under 47 C.F.R. 54.201 shall implement lifeline service consistent with section 4927.13 of the Revised Code and 47 C.F.R. 54.400, et seq., as applicable, throughout the ILEC ETC's traditional service area for its eligible residential customers.

(B) An ILEC ETC's lifeline service shall provide for a waiver of the federal universal service fund end user charge and; a waiver of the telephone company's service deposit requirement.

(C) Commission staff shall, with the assistance of the office of the consumers' counsel, work with the advisory board established by division (A)(3)(a) of section 4927.13 of the Revised Code to reach consensus on the organization of the board and all activities relating to the promotion of, marketing of, and outreach regarding lifeline service. However, where consensus is not possible, the commission's staff shall make the final determination. Decisions on the organization of the board and decisions of the advisory board including decisions on how the lifeline marketing, promotion, and outreach activities are implemented are subject to commission review. Every large ILEC shall work with the advisory board to reach consensus, where possible, regarding an appropriate lifeline budget for promoting lifeline and promoting outreach and regarding how the budget will be spent.

(D) To the extent that an ILEC ETC is the only service provider in a particular exchange, the ILEC ETC where possible, may provide automatic enrollment at its election. ILEC ETCs electing to enroll subscribers via automatic enrollment shall take all necessary steps to ensure that there is no duplication of lifeline service for a specific subscriber.

(E) The customer billing surcharge authorized by division (D) of section 4927.13 of the Revised Code may be established through one of the following means:

(1) An ILEC ETC that chooses to establish a customer billing surcharge to non-lifeline customers, to recover lifeline service discounts and expenses identified in this paragraph shall file a thirty-day application for tariff amendment (ATA). Such application may request recovery of lifeline service discounts that are not recovered through federal or state funding such as federal universal service fund end user charges, service connection charges, blocking of 900/976, recurring discount maximizing the contribution of federally available assistance, and recurring retail price differences between the frozen lifeline service rate and residential BLES rates, as well as lifeline service expenses that are not recovered through federal or state funding such as administrative expenses for the sole purpose of verifying the eligibility and enrolling of lifeline customers. An applicant must provide documentation to support its proposed surcharge and its compliance with this rule. Absent suspension or other commission action, the application shall be deemed approved and become effective on the thirty-first day or later date if requested by the company.

(2) An ILEC ETC requesting recovery of any expenses not specified in paragraph (F)(1) of this rule shall file an application with the commission, using the most up-to-date telecommunications filing form, under the TP-UNC case purpose code. An applicant must provide documentation to support its proposed customer billing surcharge and its compliance with this rule including further support of its request for recovery of any expenses not specified in paragraph (F)(1) of this rule with a detailed supporting memorandum. Absent suspension or commission action, the application shall be deemed approved and become effective on the one hundred twenty-first day or later date if requested by the company.

(F) If an ILEC ETC chooses to establish a customer billing surcharge to recover its lifeline expenses under paragraph (F)(1) or (F)(2) of this rule, the lifeline surcharge shall not appear in the section of the bill reserved for taxes and government-mandated charges as set forth in 47 C.F.R. 64.2400 to 64.2401.

(G) An ILEC ETC that is authorized to establish a customer billing surcharge under either paragraph (F)(1) or (F)(2) of this rule shall annually file with the commission a report that identifies actual amounts recovered and the actual lifeline service discounts and any other lifeline service expenses incurred for the prior period. The company shall provide such data as necessary to enable the commission to validate such amounts to ensure that the company did not over recover its approved expenses from customers. The commission shall establish for each such company the time frame for filing this report when the commission approves any such billing surcharge. The annual filing may be contained in a request to adjust the billing surcharge in accordance with paragraph (F)(1) or (F)(2) of this rule, but shall be provided via a separate filing and docketed in a generic case number to be established by the commission, if no adjustment to the billing surcharge is sought. Any over-recovery or under-recovery shall be offset against or added to the next year's recovery.

(H) Upon request of commission staff, additional information regarding customer subscription to and disconnection of lifeline service shall be provided to commission staff in accordance with rule 4901:1-6-30 of the Administrative Code.

(I) Competitive eligible telecommunication carriers (CETCs) lifeline requirements.

(1) The lifeline requirements found in paragraphs (A), (B), and (D) of this rule apply to the lifeline service offered by any CETC, as applicable to that CETC's service offerings.

(2) A CETC shall provide to commission staff, upon request, information regarding the number of its lifeline customers and any additional information regarding customer subscription to and disconnection of lifeline service in the manner and time frame determined by commission staff.

(3) CETCs that offer lifeline services that include a defined local calling area shall establish a toll-free or local customer service number in order that customers can raise customer service concerns free of charge.

(4) CETCs that offer lifeline services that do not have a defined local calling area shall not deduct minutes for customer service-related calls.

(5) CETCs shall, at a minimum, accept customer service and repair calls at their respective customer service number during normal business hours.

(J) The payment of financial incentives by ILEC ETCs and CETCs to community organizations for client referrals is permitted provided the payments are non-tiered and the arrangements are nonexclusive.

Last updated September 30, 2024 at 8:34 AM

History

Effective: September 29, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-20 Discounts for persons with communications disabilities.

(A) In accordance with section 4927.14 of the Revised Code, telephone companies that provide toll service will, upon written application and certification of their disabled status by a residential disabled customer or a disabled member of a customer's household, offer one of the following applicable discounts to persons with communication disabilities:

(1) No less than a straight seventy per cent discount off the basic message toll service (MTS) current price list day rates on a twenty-four hour a day basis.

(2) A forty per cent discount off the intrastate, interexchange, customer-dialed, station-to-station calls occurring between eight a.m. and four fifty-nine p.m. Monday to Friday; a sixty per cent discount off of the intrastate, interexchange, customer-dialed, station-to-station calls occurring between five p.m. and ten fifty-nine p.m. Sunday to Friday, and New Year's day, Independence day, Labor day, Thanksgiving, and Christmas; and a seventy per cent discount off the intrastate, interexchange, customer-dialed, station-to-station calls occurring between eleven p.m. and seven fifty-nine a.m. any day; and eight a.m. and four fifty-nine p.m. Sunday, and all day Saturday.

(3) For MTS which is offered similar to the mileage-banded rate structure established in the commission's April 9, 1985 opinion and order in case No. 84-944-TP-COI, with the traditional day, evening, and night/weekend discounts: the "evening" discount off the intrastate, interexchange, customer-dialed, station-to-station calls placed during the "day" period Monday to Friday; and the "night/weekend" discount off the intrastate, interexchange, customer-dialed, station-to-station calls placed during the "evening" period Sunday to Friday, New Year's day, Independence day, Labor day, Thanksgiving, and Christmas. Furthermore, the "night/weekend" discount plus an additional discount equivalent to no less than ten per cent of the company's current price list day rates for basic MTS will be made available for intrastate, interexchange, customer-dialed, station-to-station calls placed during the "night/weekend" period any day, the "day" period Sunday, and all day Saturday.

(B) Certification of disabled status can be evidenced by either a certificate from a physician, health care official, state agency, or diploma from an accredited educational institution for the disabled.

(C) The aforementioned discounts are also applicable to all MTS and directory assistance calls placed through the telecommunications relay service. The discounts do not apply to sponsor charges associated with calls placed to pay-per-call services, such as 900, 976, or 900-like calls. Additionally, certified disabled individuals who utilize telebraille devices are eligible to receive free access to local and intrastate long distance directory assistance. Lines maintained by nonprofit organizations and governmental agencies are also eligible to receive a discount off of their MTS rates upon written application and verification that such lines are maintained for the benefit of the disabled.

Last updated October 7, 2024 at 12:56 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-21 Carrier's withdrawal or abandonment of basic local exchange service (BLES) or voice service.

(A) The collaborative process established under section 749.10 of Amended Substitute House Bill 64 of the 131st General Assembly will review the number and characteristics of basic local exchange service customers, evaluate what alternative reasonable and comparatively priced voice services are available to residential BLES customers and the prospect of the availability of a reasonable and comparatively priced voice service where none exist. This will be done for the purpose of identifying any exchanges or residential BLES customers with the potential to not have access to a reasonable and comparatively priced voice service. For purposes of rule 4901:1-6-21 of the Administrative Code, "reasonable and comparatively priced voice service" is a voice service that satisfies the definition set forth in division (B)(3) of section 4927.10 of the Revised Code. A voice service is presumptively deemed competitively priced, subject to rebuttal, if the rate does not exceed the higher of either: (1) the incumbent local exchange carrier's (ILEC) BLES rate by more than twenty per cent; or (2) the federal communications commission's (FCC) reasonable comparability benchmark for voice services, which is defined as two standard deviations above the urban average that is calculated by the FCC on an annual basis as defined in 47 C.F.R. 54.313(a)(2).

(B) An ILEC cannot discontinue offering BLES within an exchange without filing a notice for the withdrawal of BLES (WBL) to withdraw such service from its tariff. Receipt of this notice by the commission will trigger the one hundred twenty-day statutory time frame allotted for the commission investigation set forth in division (B) of section 4927.10 of the Revised Code. As part of this notice and investigation process, an ILEC has to provide the following:

(1) A copy of the FCC order that allows the ILEC to withdraw the interstate-access component of its BLES under 47 U.S.C. 214 or other evidence that the FCC has automatically approved the ILEC's application to withdraw the interstate access component of its BLES.

(2) A copy of the notice of the withdrawal or abandonment of BLES sent to all affected customers no later than the day the notice for the withdrawal of BLES is filed with the commission to ensure that affected customers have at least one hundred and twenty days notice before the ILEC withdraws or abandons BLES. The notice has to include a provision stating that those affected customers unable to obtain reasonable and comparatively priced voice service have the right to file a petition with the commission and the earliest date upon which the affected customer's BLES will be discontinued. The notice needs to state the petition has to be filed no later than thirty days from the date on the notice and provide the affected customers with the commission's and the office of the Ohio consumers' counsel's (OCC) mailing address, toll-free telephone number, and website address for additional information regarding the notice of the withdrawal or abandonment of BLES and filing of a petition. For purposes of rule 4901:1-6-21 of the Administrative Code, "affected customers" means a residential customer receiving BLES that will be discontinued by the withdrawing or abandoning ILEC.

(3) A copy of the notice published concurrent to the WBL filing. The notice has to be published one-time in the non-legal section of a newspaper of general circulation throughout the area subject to the notice. The notice needs to provide the affected customers with the commission's and OCC's toll-free telephone number and website address for additional information regarding the application and filing of a petition.

(4) An attachment to the notice will have to either: (a) reference any finding of providers of reasonable and comparatively priced voice service, identified by the collaborative process established under section 749.10 of Amended Substitute House Bill 64 of the 131st General Assembly, offering that voice service in the exchanges the ILEC is withdrawing or abandoning BLES with this notice; or (b) identify a provider of a reasonable and comparatively priced voice service offering that service, as of the date of the notice filing, to affected customers, regardless of the technology or facilities used by the provider. All affected customers do not have to receive service from the same provider of reasonable and comparatively priced voice service.

(5) A clear and detailed description, including a map, of the geographic boundary of the ILEC's service area to which the requested withdrawal would apply.

(C) If a residential customer to whom notice has been given, pursuant to paragraph (B)(2) of this rule, is unable to obtain reasonable and comparatively priced voice service upon the withdrawal or abandonment of BLES offered by an ILEC, the customer or their authorized representative may file a petition, in the assigned WBL case number, with the commission within thirty-days of receiving the notice. For purposes of this rule, a petition is a written statement in any format from an affected customer claiming that the customer will be unable to obtain reasonable and comparatively priced voice service upon the withdrawal or abandonment of BLES offered by an ILEC. Alternatively, if a residential customer is identified by the collaborative process established under section 749.10 of Amended Substitute House Bill 64 of the 131st General Assembly as a customer who will be unable to obtain reasonable and comparatively priced voice service upon the withdrawal or abandonment of BLES offered by an ILEC, that customer will be treated as though the customer filed a timely petition.

(D) If no affected residential customers file a petition and no residential customers are identified by the collaborative process set forth in section 749.10 of Amended Substitute House Bill 64 of the 131st General Assembly, the ILEC's notice to withdraw or abandon will be deemed to have satisfied the requirements to withdraw or abandon BLES pursuant to section 4927.10 of the Revised Code.

(E) If the commission's investigation determines that no reasonable and comparatively priced voice service is available to the customer, identified in paragraph (C) of this rule, at the customer's residence and the commission cannot identify a willing provider of a reasonable and comparatively priced voice service to serve the customer, the ILEC requesting the withdrawal or abandonment will have to provide a reasonable and comparatively priced voice service, via any technology or service arrangement, to the customer at the customer's residence for not less than twelve months from the date of the order issued by this commission. This order will also address all petitions filed or all customers identified through the collaborative process. For purposes of rule 4901:1-6-21 of the Administrative Code, "willing provider" is any provider, identified by the commission through its investigation process, voluntarily offering a reasonable and comparatively priced voice service at the customer's residence, to any residential customer affected by the withdrawal or abandonment of BLES.

(1) If after the initial twelve-month period, the commission has not identified a willing provider of a reasonable and comparatively priced voice service to serve the customers, identified in paragraph (C) of this rule, the ILEC requesting the withdrawal or abandonment will have to continue to provide a reasonable and comparatively priced voice service, via any technology or service arrangement, to the customer at the customer's residence for an additional twelve-month period.

(2) If after the second twelve-month period, the commission has not identified a willing provider of a reasonable and comparatively priced voice service to serve the customers, identified in paragraph (C) of this rule, the ILEC requesting the withdrawal or abandonment will have to continue to provide a reasonable and comparatively priced voice service, via any technology or service arrangement, to the customer at the customer's residence until otherwise authorized by the commission.

Last updated September 30, 2024 at 8:34 AM

History

Effective: September 29, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-22 Inmate operator service.

[Comment: For dates of references to a section of either the United States Code or a regulation in the code of federal regulations, see rule 4901:1-6-02 of the Administrative Code.]

(A) All IOS providers will, on intrastate IOS calls upon request, immediately disclose to the billed party, the methods by which its rates or charges for the call will be collected and the methods by which complaints concerning such rates, charges or collections practices will be resolved..

(B) The maximum rate of any usage sensitive charge that may be applied by an IOS provider to any intrastate IOS call is to be consistent with 47 C.F.R. part 64, subpart FF.

(C) Notice of any change in IOS rates, whether upward or downward, will be filed by the IOS provider with the commission in the form of a new pricing list in the IOS provider's TRF docket.

(D) All IOS providers are to furnish, on all intrastate IOS calls, at the beginning of the call before the billed party incurs any charges, immediate and full rate disclosures that quote the actual intrastate price lists rates for all components of the call. However, IOS providers may allow a billed party an opportunity to affirmatively decline receiving the required rate quote.

(E) The maximum rate of any ancillary charges that may be applied by an IOS provider on any intrastate IOS call will be consistent with 47 C.F.R. part 64, subpart FF.

(F) IOS providers are not to charge for uncompleted calls.

(G) Each IOS provider will include in its contract with each of its customers language requiring that the customer permit the IOS provider to take whatever steps are necessary to ensure that the IOS provider is in compliance with all of the established requirements and restrictions pertaining to IOS.

(H) Upon request, each IOS provider is to provide, as directed by the commission or its staff, information concerning its operations.

(I) On all intrastate IOS calls, the IOS provider will allow the billed party to terminate at no charge before the call is connected.

Last updated October 7, 2024 at 12:56 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-23 Pay telephone access lines.

(A) Upon request, an incumbent local exchange carrier (ILEC) must provide a pay telephone access line and local usage on the pay telephone access line to payphone service providers, within the ILEC's normal installation intervals if it offers such services to payphone service providers as provided by its tariff.

(1) The rates, terms, and conditions for pay telephone access lines are to be tariffed and filed through a thirty-day application for tariff amendment (ATA) filing in accordance with rule 4901:1-6-05 of the Administrative Code.

(2) All ILECs' currently tariffed pay telephone access line rates are deemed reasonable, unless the commission determines otherwise through another commission proceeding.

(3) Subsequent increases in rates and changes to the terms and conditions, for tariffed pay telephone access lines, are to be filed through a thirty-day ATA filing in accordance with rule 4901:1-6-05 of the Administrative Code. Such applications require supporting documentation including, but not limited to, documentation showing that the rate is in compliance with the federal communications commission's (FCC) new services test for pay telephone access lines, if applicable.

(B) Provisioning of pay telephone access lines including the rates, terms, and conditions of such lines is subject to the applicable laws, including rules or regulations adopted and orders issued by the commission or the FCC.

Last updated October 7, 2024 at 12:56 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-24 Wireless service provisions.

[Comment: For dates of references to a section of either the United States Code or a regulation in the code of federal regulations, see rule 4901:1-6-02 of the Administrative Code.]

(A) The commission has authority over wireless service and facilities-based wireless service providers to the extent set forth in this rule and section 4927.03 of the Revised Code.

(B) Registration

A facilities-based wireless service provider can operate in the state of Ohio after it registers with the commission. Every facilities-based wireless service provider desiring to offer wireless service in Ohio is to file a zero-day registration notice in a radio common carrier (RCC) filing with the commission utilizing the telecommunications filing form discussed in rule 4901:1-6-04 of the Administrative Code and providing all of the following:

(1) The company's name.

(2) The company's address.

(3) The name of a contact person and that person's contact information.

(4) A service description, including the general geographic areas served (no maps are required).

(5) Evidence of registration with the Ohio secretary of state.

(6) Evidence of notice to the Ohio department of taxation, public utilities tax division, of its intent to provide service.

Every facilities-based wireless service provider will keep its registration information up-to-date by notifying the commission of any changes in its operations (i.e., mergers, abandonment, transfers, name changes, and changes in ownership) by submitting a zero-day notice to the commission for identification purposes utilizing an up-to-date version of the commission's telecommunications filing form in its TRF number assigned during the wireless service provider's registration process.

(D) Assessment report

The requirements of sections 4905.10, 4905.14, and 4911.18 of the Revised Code apply to facilities-based wireless service providers. Facilities-based wireless service providers are required to submit, at the time and in the manner prescribed by the commission, an annual report for fiscal assessment and to pay the prescribed annual assessment for the maintenance of the commission. A copy of the form is available on the commission's web site or from the commission's fiscal division.

(E) Jurisdiction authorized by federal law and regulations.

The commission has such power and jurisdiction with respect to facilities-based wireless service providers, consistent with divisions (B) of section 4927.03 and divisions (A) to (D) and (F) of section 4927.04 of the Revised Code, to perform the obligations authorized by or delegated to it under federal law, including federal regulations, which obligations include performing the acts of a state commission as defined in the Communications Act of 1934, 48 Stat. 1064, 47 U.S.C. 153, as amended, with respect to all of the following:

(1) The rights and obligations under section 251 of the Telecommunications Act of 1996.

(2) Mediation and arbitration of disputes and approval of agreements under section 252 of the act.

(3) Administration of telephone numbers and number portability.

(4) Certification of telecommunications carriers eligible for universal service funding.

(5) Administration of federal regulations on customer proprietary network information.

(F) Telecommunications relay service, eligible telecommunications carrier and lifeline requirements, 9-1-1, and universal service:

The commission has authority over wireless service, resellers of wireless service, or facilities-based wireless service providers as set forth in section 4905.84 of the Revised Code and rule 4901:1-6-36 of the Administrative Code, as well as, section 4931.99 of the Revised Code. The commission has authority over facilities-based wireless service providers with respect to addressing carrier access policy and creating and administering mechanisms for carrier access reform as set forth in division (C) of section 4927.15 of the Revised Code. To the extent that a facilities-based wireless service provider or reseller of wireless service seeks certification in Ohio as a telecommunications carrier eligible for universal service funding under 47 U.S.C. 214(e), the commission has authority to consider such application under rule 4901:1-6-09 of the Administrative Code and to impose requirements with respect to lifeline service under rule 4901:1-6-19 of the Administrative Code if the carrier seeks to withdraw funds from the universal service fund for the provision of lifeline service.

(G) Compliance and enforcement

The commission has such authority over facilities-based wireless service providers under section 4927.20 of the Revised Code as is necessary to enforce compliance with every order, direction, and requirement of the commission made under authority of this rule, consistent with division (B) of section 4927.03 of the Revised Code. The commission has authority to adjudicate any dispute between telephone companies and facilities-based wireless service providers or between facilities-based wireless service providers that is within the commission's jurisdiction under section 4927.21 of the Revised Code.

(H) Wireless resellers

The commission has such authority over resellers of wireless service as set forth in division (B) of section 4927.03 of the Revised Code.

Last updated September 30, 2024 at 8:34 AM

History

Effective: September 29, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-25 Withdrawal of telecommunications services.

[Comment: For dates of references to a section of either the United States Code or a regulation in the code of federal regulations, see rule 4901:1-6-02 of the Administrative Code.]

(A) Notice, consistent with rule 4901:1-6-07 of the Administrative Code, is to be provided to all affected customers, including both retail and wholesale customers, and the chief of the regulatory utility services division of the rates and analysis department and the chief of the reliability and service analysis division of the service monitoring and enforcement department at least thirty days prior to the effective date that the telephone company will cease providing a specific telecommunications service.

(B) Withdrawal of basic local exchange service (BLES)

(1) A competitive local exchange carrier (CLEC) may discontinue offering BLES within an exchange(s) by filing a zero-day notice filing (ZTA) to withdraw such service or services from its tariff. Filing the actual customer notice and an affidavit verifying that this customer notice has been provided to affected customers at least thirty days prior to the effective date that the CLEC will cease providing BLES is to be included with the notice.

(2) A CLEC ceasing to offer BLES will return all deposits, including applicable interest, to its customers who do not convert to another service with the CLEC, no later than ninety days after filing its withdrawal notice filing unless a court of competent jurisdiction orders otherwise.

(3) At least thirty days prior to withdrawal of BLES, a CLEC is to provide written notice of its intent to cease providing service, to any telephone company from which the applicant obtains wholesale services, if applicable.

(4) An incumbent local exchange carrier may discontinue providing BLES only if it complies with the provisions of rule 4901:1-6-21 or 4901:1-6-27 of the Administrative Code.

(C) A local exchange carrier proposing to withdraw telecommunications service(s) within an exchange or other geographical area is to provide a list of its assigned area code prefix(es) or thousand block(s). Such information will also include any proposed dates or timelines, due to its withdrawal of such telecommunications service(s), wherein the telephone company's area code prefix(es) or thousand block(s) would be reassigned to another carrier and/or returned to the North American numbering plan administrator or pooling administrator. This requirement does not apply where the telecommunications service(s) to be withdrawn does not require the assignment of telephone numbers, or the use of such telephone numbers will continue to be required for other services provided by the local exchange carrier.

(D) Withdrawal of tariffed services other than BLES

A telephone company may cease offering any services required to be tariffed pursuant to paragraphs (A)(1)(b) to (A)(1)(i) of rule 4901:1-6-11 of the Administrative Code, by first filing an "ATA" application to withdraw such service(s) from its tariff, using the most up-to-date telecommunications filing form. The application will be subject to a sixty-day automatic approval process. The services addressed by this rule may still be required to be offered pursuant to Ohio or federal law.

(E) Interconnection and resale agreements approved under the Telecommunications Act of 1996 (1996 act), 110 Stat. 60, 47 U.S.C. 153 et seq are subject to the terms of the agreements, federal law, and Chapter 4901:1-7 of the Administrative Code.

Last updated September 30, 2024 at 8:34 AM

History

Effective: September 29, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-26 Abandonment.

(A) A telephone company seeking to abandon entirely telecommunications service in this state, including its tariff and certificate of public convenience and necessity, may only abandon the service(s) it provides under a certificate by filing an abandonment application (ABN) to abandon service and to cancel its certificate of operation.

(B) Abandonment applications are to be filed at least thirty days prior to the effective date that the telephone company will cease providing service. The application is to include the following: (1) copies of any notices provided pursuant to paragraphs (C) to (D) of this rule, (2) an affidavit verifying that the customer notice was provided to affected customers, and (3) the list pursuant to paragraph (J) of this rule.

(C) At least thirty days prior to abandoning operations, a telephone company shall provide written notice of its intent to cease providing service to any telephone company from which the applicant obtains wholesale services.

(D) If the telephone company does not have any retail customers at the time it seeks to abandon service and cancel its certificate, customer notice to retail customers is not required with its application.

(E) A telephone company abandoning operations is to return all deposits, including applicable interest, to its customers no later than ninety days after filing its abandonment application unless a court of competent jurisdiction orders otherwise.

(F) If the commission does not act upon the application within thirty days of the filing date, a telephone company's application will be approved in accordance with the thirty-day automatic approval process described in rule 4901:1-6-05 of the Administrative Code and its certificate of public convenience and necessity will be canceled.

(G) This rule does not apply to basic local exchange service provided by an incumbent local exchange carrier.

(H) An abandoning telephone company may discontinue services provided to any customer or telephone company after the abandonment application has been approved by the commission.

(I) No telephone company may discontinue services provided to a local exchange carrier (LEC) that has filed an application to abandon service prior to the commission ruling on such application to abandon service.

(J) Where applicable, the LEC abandoning operations is to provide a list of its assigned area code prefix(es) or thousands block(s) including any proposed dates or timelines, due to its abandonment proceedings, wherein the LEC's area code prefix(es) or thousands block(s) would be reassigned to another carrier and/or returned to the North American numbering plan administrator or pooling administrator.

Last updated October 7, 2024 at 12:56 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-27 Carrier of last resort (COLR).

(A) Except as otherwise provided in this rule, or rule 4901:1-6-21 of the Administrative Code, an incumbent local exchange carrier (ILEC) shall provide basic local exchange service (BLES) to all persons or entities in its service area requesting that service on a reasonable and nondiscriminatory basis.

(B) An ILEC is not obligated to construct facilities and provide BLES, or any other telecommunications service, to the occupants of multitenant real estate, including, but not limited to, apartments, condominiums, subdivisions, office buildings, or office parks, if the owner, operator, or developer of the multitenant real estate does any of the following to the benefit of any other provider of telecommunications service:

(1) Permits only one provider of telecommunications service to install its facilities or equipment during the construction or development phase of the multitenant real estate;

(2) Accepts or agrees to accept incentives or rewards that are offered by a provider of telecommunications service to the owner, operator, developer, or occupants of the multitenant real estate and are contingent on the provision of telecommunications service by that provider to the occupants, to the exclusion of services provided by other providers of telecommunications service; or

(3) Collects from the occupants of the multitenant real estate any charges for the provision of telecommunications service to the occupants, including charges collected through rents, fees, or dues.

(C) An ILEC not obligated to construct facilities and provide BLES pursuant to paragraph (B) of this rule shall notify the commission of that fact within one hundred twenty days of receiving knowledge thereof. Such notification is to be filed in a zero-day notice under a ZTA case caption including, where applicable, any necessary tariff revisions outlining the geographic boundaries of the ILEC's service area to which the notification would apply. In addition, the notice shall specify the circumstances under which the company qualifies to invoke paragraph (B) of this rule.

(D) An ILEC that receives a request from any person or entity to provide BLES under the circumstances described in paragraph (B) of this rule shall provide, notice to the requesting person or entity in accordance with division (B)(4) of section 4927.11 Revised Code.

(E) In resolving any complaint under paragraph (D) of this rule, the commission's determination will be limited to whether any circumstance described in paragraphs (B)(1) to (B)(3) of this rule exists. Upon a finding by the commission that such a circumstance exists, the complaint will be dismissed. Upon a finding that such circumstances do not exist, the person's or entity's sole remedy will be provision by the ILEC of the requested service within a reasonable time, as determined by the commission.

(F) When the circumstances described in paragraph (B) of this rule cease to exist, and a person or entity subsequently requests that the ILEC provide BLES, the ILEC will be required to provide BLES to such real estate, unless the ILEC files with the commission a request for waiver pursuant to paragraph (G) of this rule and such request is granted. In the event that the commission determines that the ILEC should not be required to provide BLES, the commission will initiate a commission proceeding for determining a successor telephone company.

(G) An ILEC may apply to the commission for a waiver from compliance with paragraph (A) of this rule in circumstances other than those listed in paragraph (B) of this rule, through an application for waiver (WVR) filing in accordance with division (D) of section 4927.11 Revised Code.

(1) The application for waiver of the ILEC's obligation under paragraph (A) of this rule shall include, at the minimum, all of the following:

(a) A clear and detailed description of the geographic boundary of the ILEC's service area to which the requested waiver would apply;

(b) The requested effective date of the waiver;

(c) A clear identification of class of customer impacted by the waiver, if any customer-class limitation of waiver is requested, and the number of persons or entities who would be impacted by the requested waiver;

(d) A clear explanation of the rationale behind the requested waiver, including an unusual technical limitation or an economic analysis demonstrating a financial hardship to provide BLES in the requested geographic area and an identification of any available alternative providers of telecommunications service;

(e) A proposed newspaper customer notice, consistent with paragraph (G)(2) of this rule;

(f) A clear explanation as to whether the requested waiver would apply only to prospective customers or to the entire customer-base in the requested geographic area;

(g) A clear explanation of how customers would otherwise have access to BLES or alternative service offerings that are just and reasonable; and

(h) A clear explanation of how the requested waiver would be just, reasonable, and not contrary to the public interest.

(2) The ILEC applying for the waiver shall provide, with its application, a draft copy of its proposed customer notice to be published one time in a newspaper of general circulation throughout the service area identified in the application. In addition, the ILEC shall also provide any other notice required by the commission in the waiver proceeding to any affected persons who are or would be potentially impacted by the requested waiver. For purposes of this rule, affected persons shall include, at a minimum, any existing customers of the requesting ILEC within the geographic boundary of the ILEC's service area to which the requested waiver would apply. Upon the filing of a waiver application filed under this paragraph, the commission, attorney examiner, or legal director shall issue an entry which addresses customer notice content and service, establishes a reasonable opportunity for comment, schedules a hearing as set forth in paragraph (G)(3) of this rule, and addresses any other procedural matters.

(3) A public hearing in the service area(s) identified in the application pursuant to paragraph (G)(1)(a) of this rule will be ordered in accordance with division (C) of section 4927.11 Revised Code.

(4) No later than one hundred twenty days after the filing of a complete application pursuant to paragraph (G) of this rule, the commission either will issue an order granting the waiver if, upon investigation, it finds the waiver to be just, reasonable, and not contrary to the public interest, and that the applicant demonstrates a financial hardship or an unusual technical limitation, or issue an order denying the waiver based on a failure to meet those standards and specifying the reasons for the denial.

(H) A waiver application filed under paragraph (G) of this rule that does not contain all of the information required by paragraph (G)(1) of this rule will be considered deficient and will not trigger the one hundred twenty-day review period in paragraph (G)(4) of this rule until the date that a complete application has been filed by the applicant. The commission, the legal director, or an attorney examiner has the authority to issue an entry either dismissing the application or establishing the date that the application is complete and begin the one hundred twenty-day review period.

Last updated October 7, 2024 at 12:56 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-28 Bankruptcy.

[Comment: For dates of references to a section of either the United States Code or a regulation in the code of federal regulations, see rule 4901:1-6-02 of the Administrative Code.]

A telephone company seeking bankruptcy protection from any jurisdiction under Chapter 7 or 11 of the United States bankruptcy code shall notify the commission by serving notice of the bankruptcy filing on the chief of the regulatory utilities services division of the rates and analysis department. The notification shall include a copy of any and all notices or pleadings filed in the bankruptcy court, specifically setting forth the date and type of bankruptcy, the name and address of the bankruptcy court, the name and address of the bankruptcy attorney, and the name and address of a person at the company who can provide additional information regarding Ohio customers.

Last updated October 7, 2024 at 12:56 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-29 Telephone company procedures for notifying the commission of changes in operations.

[Comment: For dates of references to a section of either the United States Code or a regulation in the code of federal regulations, see rule 4901:1-6-02 of the Administrative Code.]

(A) Every telephone company shall update its certification authority if there is any change in its operations as identified in this rule.

(B) Procedures for notifying the commission of updates to certification authority and certain changes in operations by a local exchange carrier (LEC) providing basic local exchange service (BLES).

(1) A LEC providing BLES shall file a telecommunications filing form pursuant to paragraph (A) of rule 4901:1-6-04 of the Administrative Code and the required attachments as set forth on that form for an application notifying the commission of the following changes in its operations in the appropriate application listed in this paragraph:

(a) ATC - An application to transfer a certificate to a preselected transferee.

(b) ATR - An application to conduct a transaction involving one or more LECs providing BLES for the purchase, sale, or lease of property, plant, or business which may affect the operating authority of a party to the transaction.

(2) All applications filed pursuant to paragraph (B)(1) of this rule are subject to a thirty-day automatic approval process as described in rule 4901:1-6-05 of the Administrative Code.

(C) Procedures for notifying the commission of updates to certification authority and certain changes in operations by telephone companies.

(1) All telephone companies, except LECs providing BLES subject to the exception set forth in paragraph (E)(2) of this rule, shall file a telecommunications filing form pursuant to paragraph (A) of rule 4901:1-6-04 of the Administrative Code and the required attachments as set forth on that form when notifying the commission of the following changes in operations (CIO):

(a) For any change in ownership which is transparent to customers.

(b) For an application to transfer a certificate and/or conduct a sale or lease of property, plant, customer base, or business which may affect the operating authority of a party(ies) to the transaction.

(d) For an application to change the name of a telephone company.

(2) A CIO application is subject to a zero-day notice filing process as described in rule 4901:1-6-05 of the Administrative Code.

(D) Customer notification

A telephone company shall provide to its affected customers, in accordance with rule 4901:1-6-07 of the Administrative Code, at least fifteen days' advance notice (e.g., direct mail, bill insert, or bill notation) of any change in the company's operations identified by this rule that is not transparent to its customers and may impact service, and file a copy of such notice with the commission concurrent with the filing of an application under this rule. In the alternative, a telephone company subject to the notification procedures set forth in 47 C.F.R. 63.71, may submit evidence of a customer notice already provided for the purpose of informing subscribers of a change in operations consistent with the requirements of the federal communications commission.

(E) Procedures for merger and change in control applications of a LEC providing BLES

(1) A LEC providing BLES shall obtain the prior approval of the commission for a change in control (ACO) or approval of a merger with another telephone company (AMT) under section 4905.402 of the Revised Code. An applicant shall file with the commission a telecommunications filing form pursuant to rule 4901:1-6-04 of the Administrative Code and the required attachments as set forth on that form. An AMT and/or ACO application must demonstrate that the change in control or merger will promote public convenience and result in the provision of adequate service for a reasonable rate, rental, toll, or charge. If the commission considers a hearing necessary, it may fix a time and place for hearing. If, after review of the application, and after any necessary hearing, the commission is satisfied that approval of the application will promote public convenience and result in the provision of adequate service for a reasonable rate, rental, toll, or charge, the commission shall approve the application and make such order as it considers proper. If the commission fails to issue an order within thirty days of the filing of the application, or within twenty days of the conclusion of a hearing, if one is held, the application shall be deemed approved.

(2) Paragraph (E)(1) of this rule does not apply in any instance where there is a pending application with the federal communications commission (FCC) regarding either the acquisition of control of a domestic telephone company or a holding company controlling a domestic telephone company or a merger of a domestic telephone company. A domestic telephone company or a holding company controlling a domestic telephone company that files an application with the FCC seeking authority for a transfer of control or merger shall file, on the same day that the domestic telephone company or a holding company controlling a domestic telephone company files its application with the FCC, a telecommunications filing form pursuant to paragraph (A) of rule 4901:1-6-04 of the Administrative Code for a change in operations (CIO). Such notice shall include an internet link to the FCC application. A CIO application is subject to a zero-day notice filing process as described in rule 4901:1-6-05 of the Administrative Code.

Last updated October 7, 2024 at 12:57 PM

History

Effective: February 17, 2020
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-30 Company records and complaint procedures.

(A) In accordance with this chapter and the rules and procedures prescribed by the federal communications commission.

(1) A telephone company shall retain for eighteen months, unless otherwise specified by the commission, sufficient books, records, contracts, documents and papers for auditing or inspection by commission staff.

(2) Upon commission staff request, the telephone company should provide such records of sufficient detail, to permit review of the telephone company's compliance with the rules of this chapter. Upon request, the telephone company will provide data or information in a format agreed upon by the commission staff.

(B) A telephone company should provide commission staff with a company contact, including a toll free number and an e-mail address, for complaint resolution and respond to commission and consumer inquiries and complaints in a reasonable and timely manner.

Last updated October 7, 2024 at 12:57 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-31 Emergency and outage operations.

[Comment: For dates of references to a section of either the United States Code or a regulation in the code of federal regulations, see rule 4901:1-6-02 of the Administrative Code.]

(A) Each facilities-based local exchange carrier (LEC) should design, operate, and maintain its facilities to continue to provide customers with the ability to originate and receive calls at all times. The commission will utilize existing FCC rules applicable to emergency and outage operations. Companies will submit outage reports utilizing, at the company's discretion, either existing FCC reports or a format determined by the commission.

(B) Each facilities-based LEC should submit, within two hours of discovery, to the commission's outage coordinator via email at outagereport@puco.ohio.gov and when appropriate, the news media in the affected area, a notification that it has experienced an outage, whenever that outage occurs on any facility that it owns, operates, leases or otherwise utilizes and is both:

(1) Expected to last for a period in excess of thirty minutes.

(2) Potentially affects at least nine hundred thousand user minutes in the incumbent local calling area.

(C) Each facilities-based LEC is to report, by telephone or electronic means, a disruption of 9-1-1 services, which impairs 9-1-1 service within a given county 9-1-1 system, immediately to each county 9-1-1 public safety answering point, to the statewide emergency services internet protocol network steering committee or its designee, and to the news media in the affected area, when appropriate.

(D) Each facilities-based LEC experiencing a loss of communications or selective routing to a public safety answering point, as a result of an outage described under paragraphs (B) and (C) of this rule, will also notify, as soon as possible, by telephone or electronic means, any official who has been designated by the management of the affected 9-1-1 facility as the LEC's contact person for communication outages at that facility; and the LEC should convey to that person all available information that may be useful to the management of the affected facility in mitigating the effects of the outage on efforts to communicate with that facility.

(E) Each facilities-based LEC experiencing an outage described under paragraphs (B) and (C) of this rule, will electronically submit to the commission's outage coordinator at outagereport@puco.ohio.gov the same information as that provided to the FCC or the following information:

(1) A notification that it has experienced an outage, which includes the name of the reporting entity, the date and time of the onset of the outage, a brief description of the problem, the particular service affected, the geographic area affected by the outage, the number of customers affected, an estimate of when the service, including 9-1-1, will be restored, and a contact name and telephone number by which the commission's outage coordinator may contact the reporting entity.

(2) Not later than seventy-two hours after discovering the outage, an initial communications outage report, which includes all pertinent information then available on the outage and should be submitted in good faith.

(3) Not later than thirty days after discovering the outage, the provider will submit electronically a final communications outage report, which includes all pertinent information on the outage, including any information that was not contained in, or that has changed from that provided in, the initial report.

(F) Each facilities-based LEC will develop, implement, and maintain an emergency plan and make it available for review by commission staff. The plan should include, but not be limited to, all of the following:

(1) Procedures for maintaining and annually updating a list of those customers who have subscribed to the federal telecommunications service priority program, as identified in 47 C.F.R. 64, appendix A.

(2) Procedures for priority treatment in restoring out-of-service trouble of an emergency nature for customers with a documented medical or life-threatening condition.

(3) In addition to the telecommunications service priority program, each LEC is to develop policies and procedures regarding those customers who require priority treatment for out-of-service clearance. Such procedures should include a table of restoration priority, including, but not limited to, subscribers such as police and fire stations, hospitals, key medical personnel, and other utilities.

(4) Procedures for restoring service to priority critical facilities customers.

(5) Identification and annual updates of all of the facilities-based LEC's critical facilities and reasonable measures to protect its personnel and facilities.

(6) Assessments and evaluations of telecommunications facilities available to provide back-up service capabilities.

(7) Procedures for after-action assessments and reporting following activation of any part of the emergency plan. An after-action report will be written and will include lessons learned, deficiencies in the response to the emergency, and deficiencies in the emergency plan.

(8) A current list of the names and telephone numbers of the facilities-based LECs' emergency service personnel to contact and coordinate with in the event of any real or anticipated local or national threats to its ability to provide telecommunications service.

(9) A current list of the names and telephone numbers of the facilities-based LEC's emergency service personnel that is made available to the commission's emergency coordinator, upon request.

(10) A continuity of operations plan to assure continuance of minimum essential functions during a large scale event in which staffing is reduced. Such plans should provide for:

(a) Plan activation triggers such as the world health organization's pandemic phase alert levels, widespread transmission within the United States, or a case at one or more locations within Ohio.

(b) Identification of a pandemic coordinator and team with defined roles and responsibilities for preparedness and response planning.

(c) Identification of minimal essential functions, minimal staffing required to maintain such essential functions, and personnel resource pools required to ensure continuance of those functions in progressive stages associated with a declining workforce.

(d) Identification of essential employees and critical inputs (e.g., raw materials, equipment, suppliers, subcontractor services/products, and logistics) required to maintain business operations by location and function.

(e) Policies and procedures to address personal protection initiatives.

(f) Policies and procedures to maintain lines of communication with the public utilities commission of Ohio during a declared emergency.

(G) Each facilities-based LEC is to amend its emergency plan in accordance with the findings identified in the after-action assessment report required under paragraph (F)(7) of this rule.

Last updated September 30, 2024 at 8:34 AM

History

Effective: September 29, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-32 Boundary changes, and administration of borderline boundaries.

This rule applies to all incumbent local exchange carriers (ILECs).

(A) Commission-maintained telephone exchange boundary maps will be the official source/documentation of ILEC service areas and boundaries.

(B) Whenever an ILEC proposes to change the boundary of an exchange area, the ILEC will file an application seeking to change the boundary. Whenever the exchange area involves the exchange area of two or more ILECs, the application will be filed jointly by the companies involved.

(C) Such application to change boundaries (ACB) is subject to a fourteen-day automatic approval procedure. An ILEC application submitted for approval includes:

(1) A description of the change being made to the boundary. The company will work with staff to ensure that the commission's maps reflect accurately the boundary changes, using the telephone boundary maps as found on the commission's website as a basis for the boundary change.

(2) The reasons for making the change, and one of the following:

(a) A statement explaining the effect of the change, if any, on existing BLES subscribers.

(b) A statement attesting that the change does not adversely affect the service being furnished to any existing BLES subscriber.

(c) A statement attesting that each existing BLES subscriber whose service is adversely affected has consented to the change.

Last updated September 30, 2024 at 8:34 AM

History

Effective: September 29, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-33 Excess construction charges applicable to certain line extensions for the furnishing of local exchange telephone service.

(A) An incumbent local exchange carrier (ILEC) shall provide basic local exchange service (BLES) in its traditional service area to all persons or entities in its service area requesting that service except as otherwise provided in section 4927.11 of the Revised Code.

(B) Where no facilities are available and where an ILEC must construct permanent facilities on public rights-of-way in order to furnish service to an applicant or applicants for service in its traditional service area, the ILEC may require the applicant to pay excess construction charges in accordance with commission-approved tariffs. A credit against the cost of excess construction charges may be given where an applicant performs the labor of digging holes, or trimming or removing trees in the right-of-way in accordance with the ILEC's specifications. Where more than one applicant is to be furnished service along the same route, the applicants as a group may be required to share proportionately the excess construction charges.

(C) An ILEC may not charge an applicant for any excess construction charges for BLES unless provisions for such charges are set forth in the company's tariff and approved by the commission. These provisions will be subject to a thirty-day ATA approval process.

Last updated September 30, 2024 at 8:35 AM

History

Effective: September 29, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-34 Filing of contracts, agreements, or arrangements entered into between telephone companies.

When necessary for the commission to carry out sections 4927.01 to 4927.21 of the Revised Code, and only as required by the commission, a telephone company shall file with the commission a copy of any contract, agreement, or arrangement, in writing, with any other public utility relating in any way to the construction, maintenance, or use of its plant or property, or to any service, rate, or charge.

Last updated October 7, 2024 at 12:57 PM

History

Effective: January 20, 2011
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-35 Filing of reports by telephone companies subject to the federal communications commission.

[Comment: For dates of references to a section of either the United States Code or a regulation in the code of federal regulations, see rule 4901:1-6-02 of the Administrative Code.]

Upon request, each telephone company operating within the state of Ohio should submit to the director of the utilities department of the commission or the director's designee a copy of any reports filed with the federal communications commission pursuant to 47 C.F.R. 43.

Last updated October 7, 2024 at 12:57 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-36 Telecommunication relay services assessment procedures.

(A) This rule is limited to the commission's administration and enforcement of the assessment for the intrastate telecommunications relay service (TRS) in accordance with section 4905.84 of the Revised Code.

(B) For the purpose of funding the TRS, the commission will collect an assessment to pay for the costs incurred by the TRS provider for providing the service in Ohio, from each service provider that is required under federal law to provide its customers access to TRS.

(C) Each service provider to which paragraph (B) of this rule applies will be assessed by the commission by taking the TRS appropriation and performing a reconciliation to account for over collected or under collected monies from the previous year to obtain the total amount to be assessed which is then divided by the total number of lines reported on the TRS reports for that year resulting in a rate per line. The rate per line is then multiplied by the number of lines per service provider, as reported on the annual TRS reports, which results in a billed amount per company. In accordance with division (C) of section 4905.84 of the Revised Code, the billed amount will necessarily vary by year as the appropriation amount, number of service providers, and number of lines in service change per year.

(D) To determine the assessment amount owed by each provider the commission staff should use the number of voice-grade, end user access lines, or their equivalent, as reflected in each provider's most recent federal communications commission form 477, where applicable. All providers are to submit to the commission staff, on a semi-annual basis, a completed form, as prescribed by the commission staff, which contains the number of the provider's retail customer access lines or their equivalent.

(E) Sixty days prior to the date each service provider is required to make its assessment payment in accordance with paragraph (C) of this rule, the commission staff will notify each service provider of its proportionate share of the costs to compensate the TRS provider.

(F) Any telephone company, other than a wireless service provider, that proposes a customer billing surcharge or a change in the surcharge should file a zero-day notice filing (ZTA) with the commission, in accordance with rule 4901:1-6-04 of the Administrative Code. The ZTA will take effect on the same day the filing is made in accordance with paragraph (B) of rule 4901:1-6-05 of the Administrative Code. Each regulated provider imposing a surcharge on its customers will provide notice to its customers a minimum of fifteen days prior to the effective date of the surcharge in accordance with rule 4901:1-6-07 of the Administrative Code.

(G) The commission may direct the attorney general to bring an action for immediate injunction or other appropriate relief to enforce commission orders and to secure immediate compliance with this rule.

Last updated October 7, 2024 at 12:57 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-6-37 Assessments and annual reports.

(A) Every telephone company or competitive eligible telecommunications carrier (CETC) and wireless service provider are to file the annual report for fiscal assessment, consistent with section 4905.10 of the Revised Code, and as required by the commission and in the format prescribed by commission entry.

(B) In addition to the information necessary for the commission to calculate the assessment provided for in section 4905.10 of the Revised Code, telephone companies subject to section 4905.71 of the Revised Code are to provide in their annual report for fiscal assessment information required by the commission to calculate pole attachment and conduit occupancy rates in a manner consistent with requirements of Chapter 4901:1-3 of the Administrative Code, and any other information the commission determines necessary to fulfill its responsibility under section 4905.71 of the Revised Code. This information shall be provided in the format prescribed in the commission's annual reporting form for telephone companies.

(C) All wireless resellers of lifeline service not presently assessed a fee for the commission's support will be assessed an annual fee to be determined by the commission.

Last updated October 7, 2024 at 12:58 PM

History

Effective: August 31, 2023
Promulgated Under: 111.15

Chapter 4901:1-7 Local Exchange Carriers

Ohio Adm.Code 4901:1-7-01 Definitions.

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:1-7-02 of the Administrative Code.]

As used within this chapter, these terms denote the following:

(A) "Affiliate" means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this chapter, the term "own" means to own an equity interest (or the equivalent thereof) of more than ten per cent.

(B) "Commission" means the public utilities commission of Ohio.

(C) "Competitive local exchange carrier" (CLEC) means, with respect to a service area, any facilities-based and nonfacilities-based, local exchange carrier that was not an incumbent local exchange carrier on the date of the enactment of the Telecommunications Act of 1996 (1996 Act), or is not an entity that, on or after such date of enactment, became a successor or assign of an incumbent local exchange carrier.

(D) "Customer" means any person, firm, partnership, corporation, municipality, cooperative organization, government agency, etc. that agrees to purchase a telecommunications service and is responsible for paying charges and for complying with the rules and regulations of the telephone company.

(E) "Exchange" means- a geographic service area established by an incumbent local exchange carrier and approved by the commission.

(F) "Facilities-based CLEC" means, with respect to a service area, any local exchange carrier that uses facilities it owns, operates, manages, or controls to provide telephone exchange service or access to telephone exchange service or facilities for the purpose of originating or terminating telephone toll service; and that was not an incumbent local exchange carrier on the date of the enactment of the 1996 act. Such carrier may partially or totally own, operate, manage, or control such facilities. Carriers not included in such classification are carriers providing service(s) solely by resale of other local exchange carrier's local exchange services.

(G) "Incumbent local exchange carrier" (ILEC) means any facilities-based local exchange carrier that: (1) on the date of enactment of the 1996 act, provided basic local exchange service with respect to an area; and (2) (a) on such date of enactment, was deemed to be a member of the exchange carrier association pursuant to 47 C.F.R. 69.601(b); or (b) is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in paragraph (G)(2)(a) of this rule.

(H) "InterLATA service" means telecommunications between a point located in a local access and transport area and a point outside such area.

(I) "Local access and transport area" (LATA) means, as designated by the "Modification of Final Judgment," United States v. Western Electric Co., (C.A. No. 82-1092), 552 F. Supp. 131 (1982), an area in which a local exchange carrier is permitted to provide service. It contains one or more local exchange areas.

(J) "Local exchange carrier" (LEC) means any facilities-based and nonfacilities-based ILEC and CLEC that provides telephone exchange service or access to telephone exchange service or facilities for the purpose of originating or terminating telephone toll service to the public. Such term does not include an entity insofar as such entity is engaged in the provision of a commercial mobile radio service (CMRS) under 47 U.S.C. 332(c), except to the extent that the federal communications commission finds that such service should be included in the definition of such term.

(K) "Local presubscribed interexchange carrier" is a designation used to identify an intrastate intraLATA presubscribed interexchange carrier that provides intrastate intraLATA presubscribed interexchange service to customers.

(L) "Network element" means the facility or equipment used in the provision of a telecommunication service. Such term also includes, but is not limited to, features, functions, and capabilities that are provided by means of such facility or equipment, including, but not limited to, subscriber numbers, databases, signaling systems, and information sufficient for billing and collection or used in the transmission, routing, or other provision of a telecommunications service.

(M) "Number portability" means the ability of customers of telecommunications services to retain, at the same location, existing telecommunications numbers without impairment of quality, reliability, or convenience when moving from one telephone company to another.

(N) "Rural carrier" means a LEC operating entity as defined in 47 U.S.C. 251(f)(2).

(O) "Rural telephone company" means a LEC operating entity as defined in 47 U.S.C. 153.

(P) "Telecommunications" for purposes of this chapter, means the same as defined in 47 U.S.C. 153.

(Q) "Telephone company" for purposes of this chapter, means the same as defined in division (A) of section 4905.03 of the Revised Code and includes the definition of "telecommunications carrier" incorporated in 47 U.S.C. 153.

(R) "Telephone toll service" means telephone service between stations in different exchange areas for which there is made a separate charge not included in contracts with customers for exchange service.

(S) "Toll service provider" means a provider of telephone toll service.

(T) "Wireless service" means federally licensed commercial mobile service as defined in the "Telecommunications Act of 1996," 110 Stat. 61, 151, 153, 47 U.S.C. 332(d) and further defined as CMRS in 47 C.F.R. 20.3. CMRS is specifically limited to include mobile telephone, mobile cellular telephone, paging, personal communication services, and specialized mobile radio service providers when serving as a common carrier in Ohio and excludes fixed wireless service.

(U) "Wireless service provider" means a facilities-based provider of wireless service to one or more end users in the state of Ohio.

Last updated January 9, 2024 at 9:26 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-02 General applicability.

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:1-7-02 of the Administrative Code.]

(A) The obligations found in rules 4901:1-7-03 to 4901:1-7-26 of the Administrative Code, apply to all telephone companies pursuant to 47 U.S.C. 251 and 252, where applicable.

(B) The commission may, upon a detailed application or motion containing the requested waiver period, for good cause shown and consistent with state and federal law, waive any requirement, standard, or rule set forth in this chapter, other than a requirement mandated by statute unless such waiver is permitted by the terms of the statute.

(C) All waiver requests must be approved by the commission and will toll any automatic approval time frames set forth in rule 4901:1-6-05 of the Administrative Code.

(D) Each citation within this chapter made either to a section of the United States Code or a regulation in the Code of Federal Regulations is intended to incorporate by reference the particular version of the cited matter that was effective on July 1, 2022.

Last updated January 9, 2024 at 9:27 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-03 Toll presubscription.

(A) All local exchange carriers (LEC) will charge intrastate intraLATA toll service providers or customers no more than five dollars and fifty cents for a manual, local presubscribed interexchange carrier (LPIC) change or no more than one dollar and twenty-five cents for an electronic LPIC change, except when a LEC establishes a company-specific, cost-based, intrastate LPIC rate, as outlined in paragraph (G) of this rule.

Whenever a LEC charges an intrastate intraLATA toll service provider for changing a customer's LPIC, the customer making the request for the same LPIC change.

An intrastate intraLATA toll service provider who is charged by the LEC providing presubscription for changing a customer's LPIC, may pass through to that customer no more than what it has been charged by such LEC.

(B) Only the permitted LPIC change charge will be applied to any LPIC change.

(C) When a customer switches both the customer's interLATA presubscribed interexchange carrier (PIC) and LPIC at the same time, the LEC providing presubscription is to waive one-half of the applicable LPIC change charge without regard to whether the change was performed through manual or electronic means. This requirement to waive one-half of the applicable LPIC change charge does not apply when company-specific, cost-supported charges that account for the efficiencies of changing the customer's interLATA PIC and LPIC at the same time have been approved pursuant to paragraph (G) of this rule.

(D) When an intrastate intraLATA toll service provider electronically submits to a LEC a request to change a customer's LPIC, the LEC is to treat the LPIC change as an electronic LPIC change for customer billing purposes, regardless of any manual process that may be required or involved in carrying out the change.

(E) Paragraphs (A) to (D) of this rule also apply when the subscriber explicitly chooses no intrastate intraLATA toll service provider (NoLPIC).

(F) A new customer will be permitted to make an initial LPIC selection, which may include choosing NoLPIC, free of charge at the time the customer initiates local service. If the customer is unable to make a selection at the time of initiation of local service, the customer is to be informed by the ILEC that unless a selection is made by the customer at the time local service is initiated, the LEC will, as a default, place the customer in a NoLPIC status.

The LEC will further inform the customer that until such time as the customer informs the LEC of the customer's LPIC selection, the customer will not have an intrastate intraLATA toll service provider and, as a result, will be required to dial a carrier access code to route an intrastate intraLATA toll call to the carrier of the customer's choice or make other arrangements. A customer making an LPIC selection after the time of local service initiation may be assessed an LPIC change charge subject to paragraphs (A) to (D) of this rule.

(G) A LEC demonstrating through a submitted cost study that the LPIC rates identified in paragraph (A) of this rule do not recover the costs incurred can file company-specific rates through the filing of a UNC case.

(H) Any LEC that has previously relied upon cost support to establish its tariffed LPIC change charge when such charge is below the safe harbor rates set forth in this rule and in effect as of the effective date of this rule is unable to increase its LPIC change charge without first providing cost support justifying the increase.

Last updated January 9, 2024 at 9:27 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-04 Rural telephone company exemption.

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:1-7-02 of the Administrative Code.]

(A) A rural telephone company is subject to the provisional rural telephone exemption referenced in 47 U.S.C. 251(f)(1), until such time as the rural telephone company receives a bona fide request for interconnection, services, or network elements, and the commission terminates the rural telephone company exemption pursuant to paragraph (D) of this rule. Should a nonrural telephone company sell, devise, assign, or otherwise transfer any portion of its facilities to a rural telephone company and such facilities are subject to an interconnection agreement(s) at the time of the transfer, such facilities are to remain subject to all obligations of the existing interconnection agreement(s). Such facilities will be subject to requirements referenced in 47 U.S.C. 252(i), unless the commission rules otherwise.

(B) If a rural telephone company receives a bona fide request for interconnection, services, or network elements pursuant to 47 U.S.C. 251(c), and it seeks to maintain a rural telephone company exemption, it can file a UNC application with the commission within fifteen calendar days after receiving the request. The telephone company requesting interconnection is to file a response within fifteen calendar days after the rural telephone company's application for exemption. The burden of proof regarding the termination of a rural telephone company exemption pursuant to 47 U.S.C. 251(f)(1), rests upon the telephone company requesting interconnection.

(C) The commission will review such application for exemption and the response to it on an individual case basis within one hundred twenty calendar days of the commission's notice of the bona fide request for interconnection.

(D) In reviewing the request for a rural telephone company exemption, the commission will review the application and responses and terminate the exemption should the commission find that the interconnection request is not unduly economically burdensome, is technically feasible, and is consistent with 47 U.S.C. 254.

(E) If the commission terminates the rural telephone company exemption, the timeframes established in rule 4901:1-7-07 of the Administrative Code begin anew with the issuance of the commission's order.

(F) If a rural telephone company does not maintain an exemption, the negotiation procedures set forth in rule 4901:1-7-07 of the Administrative Code applies.

(G) If the commission, pursuant to the review process established in paragraph (C) of rule 4901:1-7-04 of the Administrative Code, grants the request for a rural telephone company exemption, the rural telephone company is still obligated to fulfill all the duties set forth in 47 U.S.C. 251(a) and (b), including the duty to interconnect and exchange traffic. The rural telephone company's obligations pursuant to 47 U.S.C. 251(a) and (b) is subject to the commission procedures set forth in rules 4901:1-7-06 to 4901:1-7-09 of the Administrative Code, as applicable, to implement 47 U.S.C. 252.

Last updated January 9, 2024 at 9:27 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-05 Rural carrier suspensions and modifications.

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:1-7-02 of the Administrative Code.]

(A) If an incumbent local exchange carrier (ILEC), serving fewer than two per cent of the nation's subscriber lines installed in the aggregate, seeks a suspension or modification of any portion or portions of 47 U.S.C. 251(b) or (c), as a rural carrier, it is to file a UNC application with the commission within fifteen calendar days of receiving a bona fide request for interconnection.

(B) Such application is to be filed and processed in accordance with federal law and is to set forth with particularity the provision or provisions from which the rural carrier seeks suspension or modification. The burden of proof regarding the suspension or modification rests upon the rural carrier. A determination is to be rendered within one hundred eighty calendar days after the filing of such application.

(C) Pending such action, the commission may suspend enforcement of any requirement to which the application applies with respect to the requesting local exchange carrier. The commission may also consider such request in the context of the rural carrier's filings pursuant to rule 4901:1-6-08 of the Administrative Code.

(D) The commission is to grant such petition to the extent that, and for such duration as, the commission determines that:

(1) The proposed suspension or modification is necessary in order:

(a) To avoid a significant adverse economic impact on users of telecommunications services generally.

(b) To avoid imposing a requirement that is unduly economically burdensome.

(2) The proposed suspension or modification is consistent with the public interest, convenience, and necessity.

Last updated January 9, 2024 at 9:28 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-06 Interconnection.

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:1-7-02 of the Administrative Code.]

The term interconnection as used in this chapter refers to the facilities and equipment physically linking two networks for the mutual exchange of traffic.

(A) General interconnection standards

(1) Each telephone company has the duty to interconnect directly or indirectly with the facilities and equipment of other telephone companies for the exchange of telecommunications traffic regardless of the network technology underlying the interconnection pursuant to 47 U.S.C. 251(a).

(2) Each telephone company shall make available interconnection to other telephone companies for the mutual exchange of telecommunications traffic upon receipt of a request for interconnection regardless of the network technology underlying the interconnection, unless the commission orders a waiver of this requirement.

(3) All telephone companies shall have the duty to negotiate in good faith the terms and conditions of the interconnection agreement for the exchange of voice telecommunications traffic regardless of the network technology underlying the interconnection.

(4) Each incumbent local exchange carrier (ILEC) shall provide, for the facilities and equipment of any requesting telephone company, interconnection with the ILEC's network, for the transmission and routing of telephone exchange traffic, exchange access traffic, or both. A telephone company requesting interconnection to an ILEC's network solely for the purpose of originating or terminating its interexchange traffic, not for the provision of telephone exchange service and exchange access to others, is not entitled to receive interconnection pursuant to 47 U.S.C. 251(c)(2).

(5) Each ILEC shall provide interconnection to requesting telephone companies at any technically feasible point within its network, with quality at least equal to that provided by that ILEC to itself or to any subsidiary, affiliate, or any other party to which it provides interconnection pursuant to 47 C.F.R. 51.305. Any telephone company requesting interconnection to the existing network may do so via feature group D-type interconnection or via a mutually agreed upon interconnection arrangement. Interconnecting carriers may use one-way trunks or two-way trunks to interconnect for traffic transport and termination if it is technically feasible. Technically feasible methods of obtaining interconnection or access to unbundled network elements include, but are not limited to: a) collocation at the premises of the ILEC; and b) meet point interconnection arrangements, pursuant to rule 4901:1-7-11 of the Administrative Code, 47 C.F.R. 51.321 and 51.323. If a meet point arrangement is requested from the ILEC for the purpose of gaining access to unbundled network elements and/or for the purpose of exchanging traffic with the ILEC, each carrier is required to bear the network cost on its side of the point of interconnection in the meet point arrangement.

(6) Technically feasible points of interconnection within the ILEC's network shall include at a minimum:

(a) The line side of a local switch.

(b) The trunk side of a local switch.

(d) Central office cross-connect points.

(e) Out-of-band signaling transfer points necessary to exchange traffic at these points and access call-related databases.

(f) The points of access to unbundled network elements as described in rule 4901:1-7-16 of the Administrative Code and 47 CFR 51.319.

(7) Interconnection rates, terms, and conditions shall be established through negotiation between telephone companies upon receipt of a request for interconnection or through arbitration. Such arrangements shall be processed pursuant to rule 4901:1-7-07 of the Administrative Code.

(B) Basic requirements for request for interconnection

A request for interconnection shall be in writing and shall detail the specifics of the request. A request for interconnection shall include at a minimum, as applicable, the following:

(1) The requested meet point(s) or, in the alternative, the requested point(s) of interconnection (e.g., the end office, tandem, etc.).

(2) The requested reciprocal compensation arrangement for transport and termination of telecommunications traffic.

(3) A description of any required unbundled network elements and the requested method of access to the operation support system associated with these unbundled network elements.

(4) A list of the requested telecommunications services to be offered for resale by the providing telephone company, and required operational support systems associated with the resale of these telecommunications services.

(5) If transit telecommunications traffic functionality is required, the requested method of providing that functionality at each requested point of interconnection.

(6) A list including names, phone numbers, e-mail, and areas of responsibility of the requesting carrier's contact persons for the negotiation process.

Last updated July 13, 2023 at 2:17 PM

History

Effective: October 27, 2017
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-07 Establishment of interconnection agreements.

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:1-7-02 of the Administrative Code.]

(A) Processing requests for interconnection

(1) Any request for an interconnection arrangement pursuant to 47 U.S.C. 251 and 252 must be submitted via facsimile, overnight mail, e-mail, or hand-delivery to the appropriate personnel or division within the providing telephone company's organization in charge of negotiating interconnection arrangements between telephone companies. The requesting telephone company must also notify simultaneously the chief of the regulatory utility services division of the rates and analysis department of the commission.

(2) At any point in time during the negotiation, any party to the negotiation may ask the commission to participate in the negotiation and to mediate any differences arising during the course of the negotiation, pursuant to rule 4901:1-7-08 of the Administrative Code.

(3) An incumbent local exchange carrier (ILEC) shall make available without unreasonable delay to any requesting telephone company any agreement in its entirety to which the ILEC is a party that is approved by the commission pursuant to 47 U.S.C. 252(i), upon the same rates, terms, and conditions as those provided in the agreement and pursuant to 47 C.F.R. 51.809.

(4) Negotiated interconnection agreements shall be effective upon filing. The agreement shall be approved pursuant to the ninety-day process set forth in paragraph (D)(2) of this rule.

(B) Requests for the negotiation of an amendment to an existing interconnection arrangement

(1) A bona fide request (BFR) for interconnection may be used to request an interconnection arrangement, service, or unbundled network element that is subsequent to, unique, or in addition to an existing interconnection agreement and is to be added as an amendment to the underlying interconnection agreement.

(2) All amendments of an existing, approved interconnection agreement must be filed within ten calendar days of its execution and filed with the commission as a negotiated agreement (NAG).

(3) Interconnection agreement amendments shall be effective upon filing. The amendment to the agreement shall be approved pursuant to the ninety-day process set forth in paragraph (D)(2) of this rule.

(1) Parties shall negotiate the rates, terms, and conditions of subsequent interconnection arrangements in accordance with the terms of their existing interconnection agreement. Both parties to the existing interconnection agreement shall notify the chief of the regulatory utility services division of the rates and analysis department of the commission when negotiations of a subsequent interconnection agreement have commenced.

(2) A party to an existing interconnection agreement may seek arbitration of a subsequent interconnection agreement pursuant to the arbitration rules set forth in rule 4901:1-7-09 of the Administrative Code.

(3) Subsequent interconnection agreements, whether adopted through negotiation or arbitration, shall be docketed as a new case within ten calendar days of signing.

(4) The subsequent interconnection agreement shall be effective upon filing. The subsequent interconnection agreement shall be approved pursuant to the ninety-day process set forth in paragraph (D)(2) of this rule.

(D) Interconnection agreement approval process

(1) Title 47 U.S.C. 252(e)(2)(A), limits the legal test to be applied to the approval of negotiated interconnection agreements to whether (a) the agreement (or portion thereof) is discriminatory against another telephone company, and (b) whether the implementation of such agreement is in the public interest.

(2) In light of the limited legal test set forth in 47 U.S.C. 252(e)(2)(A), all negotiated interconnection agreements, all executed adoptions of existing interconnection agreements under 47 U.S.C. 252(i), all negotiated subsequent interconnection agreements, and all amendments to such agreements shall be approved pursuant to the ninety-day process set forth in 47 U.S.C. 252(e)(4). All arbitrated agreements shall be approved pursuant to the thirty-day process set forth in 47 U.S.C. 252(e)(4).

(E) BFR fee

A providing telephone company is entitled to recover costs associated with the evaluation of a unique request for interconnection, examination of facilities for special arrangements, and technical and economic feasibility assessments. If the BFR fee exceeds five hundred dollars, the providing telephone company must allow, upon request by the requesting telephone company, payment of that fee over no more than twelve months whether or not the requesting telephone company proceeds with the request. The commission, through the arbitration process, will resolve disputes concerning the amount of the BFR fee. The BFR fee shall be subject to commission review and approval.

Last updated January 9, 2024 at 9:29 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-08 Negotiation and mediation of 47 U.S.C. 252 interconnection agreements.

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:1-7-02 of the Administrative Code.]

Interconnection agreements pursuant to 47 U.S.C. 252, shall be negotiated, mediated, and arbitrated under the following mediation rules in this chapter and arbitration rules outlined in rule 4901:1-7-09 of the Administrative Code:

(A) Duty to negotiate

All telephone companies have the duty to negotiate in good faith the terms and conditions of their agreements. The commission will presume that a party who refuses to provide information about its costs or other relevant information upon request of the other party has not negotiated in good faith provided that, where appropriate, the other party agrees to execute a reasonable confidentiality agreement. This presumption of failure to negotiate in good faith is rebuttable. The commission will resolve disputes concerning the furnishing of information when raised by a party to the negotiation and may impose sanctions where appropriate.

(B) Mediation

(1) Mediation is a voluntary alternative dispute resolution process in which a neutral third party assists the parties in reaching their own settlement. At any point during the negotiation, any party or both parties to the negotiation may ask the commission to mediate any differences arising during the course of the negotiation.

(2) To request mediation, a party to the negotiation shall notify in writing the chief of the telecommunications section of the commission's legal department and the chief of the regulatory utility services division of the rates and analysis department of the commission. A copy of the mediation request should be simultaneously served on the other party in the dispute. The request shall include the following information:

(a) The name, address, telephone number, e-mail, and fax number of the party to the negotiation making the request.

(b) The name, address, telephone number, e-mail, and fax number of the other party to the negotiation.

(c) The name, address, telephone number, e-mail, and fax number of the parties' representatives participating in the negotiations and to whom inquiries should be made.

(d) The negotiation history, including meeting times and locations.

(e) A statement concerning the differences existing between the parties, including relevant documentation and arguments concerning matters to be mediated.

(f) The other party to the negotiation shall provide a written response within seven calendar days of the request for mediation to the chief of the telecommunications section of the commission's legal department and to the chief of the regulatory utility services division of the rates and analysis department. The response to a request for mediation shall be simultaneously served upon the telephone company requesting the mediation.

(3) The commission will appoint a mediator to conduct the mediation. The mediator will promptly contact the parties to the negotiation and establish a time to commence mediation. The mediator will work with the parties to establish an appropriate schedule and procedure for the mediation.

(4) The mediator's function is to be impartial and to encourage voluntary settlement by the parties. The mediator may not compel a settlement. The mediator may schedule meetings of the parties, direct the parties to prepare for those meetings, hold private caucuses with each party, request that the parties share information, attempt to achieve a mediated resolution, and, if successful, assist the parties in preparing a written agreement.

(5) Participants in the mediation must have the authority to enter into a settlement of the matters at issue.

(6) Confidentiality

(a) Discussions during the mediation process shall be private and confidential between the parties. By electing mediation under this rule, the parties agree that no communication made in the course of and relating to the subject matter of the mediation shall be disclosed, except as permitted in this chapter.

(b) No party shall use any information obtained through the mediation process for any purpose other than the mediation process itself. This restriction includes, but is not limited to, using any information obtained through the mediation process to gain a competitive advantage.

(c) As provided in the Ohio Rules of Evidence 408, offers to compromise disputed claims and responses to them are inadmissible to prove the validity of that claim in a subsequent proceeding. Evidence of conduct or statements made in compromise negotiations are also not admissible in a future proceeding. This rule does not require the exclusion of evidence otherwise discoverable merely because it is presented in the course of compromise negotiations.

(7) Parties to the mediation shall reduce to writing the mediated resolution of all or any portion of the mediated issues and submit the resolution to the mediator.

(8) A member of the commission staff or an attorney examiner who serves as a mediator shall, by virtue of having served in such capacity, be precluded from serving in a decision-making role or as a witness on matters subject to mediation in a formal commission case involving the same parties and the same issues.

Last updated January 9, 2024 at 9:29 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-09 Arbitration of 47 U.S.C. 252 interconnection agreements.

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:1-7-02 of the Administrative Code.]

(A) Arbitration is an alternative dispute resolution process whereby parties present evidence and legal arguments to a neutral third party, called an arbitrator or an arbitration panel, who renders a recommended decision to the commission. Any party to the negotiation of an interconnection agreement may, during the period from the one hundred thirty-fifth to the one hundred sixtieth day (inclusive) after the date on which a local exchange carrier receives a request for negotiation, petition the commission to arbitrate any open issues.

(B) The commission will only arbitrate issues that have been unresolved between the parties and filed with the commission in the petition for arbitration or the response to the petition.

(C) To petition the commission for arbitration, a party to the negotiation shall file two copies of the request with the commission's docketing division. Docketing will assign a docket number using the industry code TP and the purpose code ARB.

(D) The petition must include the following information:

(1) The name, address, telephone number, e-mail, and fax number of the party to the negotiation making the request.

(2) The name, address, telephone number, e-mail, and fax number of the other party to the negotiation.

(3) The name, address, telephone number, e-mail, and fax number of the parties' representatives participating in the negotiation and to whom inquiries should be made.

(4) The negotiation history, including meeting times and locations.

(5) A list of the petitioning party's unresolved issues and a clear explanation of that party's position on the listed issues.

(6) All relevant nonproprietary documentation on any other issue discussed and resolved by the parties.

(7) A statement identifying information needed to decide unresolved issues or information that has been requested during negotiations but not yet provided.

(E) Notice of petition for arbitration

A petitioner requesting the commission to arbitrate unresolved issues shall provide a copy of the petition and accompanying documentation to the other party not later than the day on which the petition is filed with the commission.

(F) Opportunity to respond to petition

A nonpetitioning party to a petition for arbitration shall file a response to the petition within twenty-five calendar days after the petition to arbitrate is filed. The response should identify the nonpetitioning party's position on the petitioning party's unresolved issues. In addition, the nonpetitioning party may identify additional unresolved issues with a clear explanation of its position on the additional issues it identifies.

(G) Commission responsibility

(1) Upon receipt of a timely and complete petition for arbitration, the commission shall appoint an arbitration panel. It is the function of the arbitration panel to recommend a resolution of the issues in dispute if the parties cannot reach a voluntary agreement.

(2) Within ten calendar days of the filing of a request for arbitration, the arbitration panel will schedule a conference to be held within thirty calendar days after the filing of the arbitration petition. The purpose of the conference is to plan an arbitration hearing date, identify witnesses to be presented at the hearing, discuss possible admissions or stipulations of uncontested matters, clarify the issues to be resolved, identify additional information needed to reach a decision on the unresolved issues, schedule the production of relevant documents and other information, identify issues which have been resolved, discuss or rule on any other appropriate procedural matters, and consider any other procedures that will expedite the arbitration process. The arbitration panel is authorized to order any party to provide information that it deems necessary to reach a decision on the unresolved issues and to establish the time period for providing the information.

(3) Unless otherwise determined by the arbitration panel, seven calendar days prior to the arbitration hearing, each party shall file an arbitration package that will assist the arbitrators in the conduct of the hearing. Unless previously submitted in writing to the panel, the arbitration package shall contain: the list of issues to be arbitrated as identified by the petition for arbitration or the response to the petition, the party's position as to each issue, identification of issues which have been resolved by the parties and a description of the resolution, the party's prefiled testimony, the exhibits which the party intends to introduce at the hearing, and a list of factual stipulations upon which the parties have agreed. Given the expedited nature of the arbitration process, factual stipulations are encouraged.

(4) Unless otherwise determined by the arbitration panel and the parties, the panel will conduct a hearing with prefiled testimony, transcription of the hearing, and cross-examination of witnesses. Unless determined otherwise by the arbitration panel after consultation with the parties, the length of the hearing, including oral argument, will be limited to four calendar days. Generally, the arbitration panel will conduct the hearing process according to the following procedures:

(a) The panel will provide the parties at least fifteen calendar days' written notice of the hearing.

(b) Unless consolidation of issues is permitted, only parties to the negotiation will be permitted to participate as parties to the arbitration hearing.

(c) The arbitration panel will permit discovery. Basic cost information to support prices for interconnection, services, or network elements should be exchanged expeditiously. The panel will establish a schedule for additional discovery by entry or at the prehearing conference.

(d) Whenever possible, the parties should enter into factual stipulations given the expedited hearing schedule.

(e) The chair of the arbitration panel will preside over the hearing.

(f) A written transcript of the hearing will be prepared.

(g) Witnesses shall be subject to cross-examination on their testimony. However, the arbitration panel shall have the authority to limit or prohibit cross-examination on policy or legal issues.

(h) Instead of requiring post-hearing briefs, the panel may hear oral arguments of the parties at the conclusion of the hearing.

(i) The arbitration panel will limit its consideration of any petition for arbitration and any response to the unresolved issues raised in the petition and response.

(j) The parties to the arbitration may be required to provide additional information as may be necessary for the arbitration panel to reach a decision on the unresolved issues. Information provided to the arbitration panel shall also be provided at the same time to the other parties to the arbitration. If any party refuses or fails to respond on a timely basis to any reasonable request from the arbitration panel, the arbitration panel may proceed on the basis of the best information available on the record.

(k) The commission shall resolve each issue set forth in the petition and the response by imposing conditions that ensure that the resolution and conditions meet the requirements of 47 U.S.C. 251, establish rates for interconnection, services, or network elements in accordance with 47 U.S.C. 252(d), and provide a schedule for implementation of the terms and conditions by the parties to the agreement.

(l) A commission arbitration award shall be issued not later than nine months after the date on which the local exchange carrier received the request for interconnection pursuant to 47 U.S.C. 252(b)(4)(C).

(5) Within thirty calendar days after the issuance of the arbitration award, the parties shall file their entire interconnection agreement, consistent with the commission's arbitration award, for commission review. A complete interconnection agreement shall include a detailed schedule of itemized charges for interconnection and each service or network element included in the agreement, including all separate agreements covering such services or network elements.

(6) If the parties are unable to agree on an entire interconnection agreement, within thirty calendar days after the arbitration award is issued, each party shall file for commission review its version of the language that should be used in a commission-approved interconnection agreement. Unless otherwise authorized by the commission, no comments addressing disputed language filed under this provision will be entertained. The commission will select the competing language that most closely reflects the commission's award.

(7) Parties to the arbitration may seek extension of any of the deadlines outlined in this rule by the mutual agreement of the parties and the arbitration panel.

(H) Commission review

Unless otherwise determined by the commission, the agreement shall be deemed approved on the thirty-first calendar day.

(I) Nothing in these rules precludes the filing of a voluntarily negotiated interconnection agreement at any time.

(J) If the commission rejects a voluntary agreement resulting from negotiation or mediation, or an agreement arrived at by the arbitration process, the parties may file within thirty calendar days an application for rehearing for the commission's consideration. Alternatively, the parties may resubmit the agreement for commission approval within thirty calendar days following rejection if the parties have remedied the deficiencies found by the commission in its order.

(K) Confidentiality

The commission will treat information determined by the commission to be proprietary and confidential which is received during the mediation, negotiation, and/or arbitration process as confidential. The parties to the mediation, negotiation, and/or arbitration process are expected to negotiate appropriate protective orders for the exchange of information deemed to be proprietary. The commission's procedures concerning proprietary information contained in rule 4901-1-24 of the Administrative Code, shall govern the treatment of confidential and proprietary information.

(L) Waiver

(1) Notwithstanding any provision in these rules, the mediator, arbitration panel, or the commission may permit variance from these rules.

(2) The commission retains continuing jurisdiction and will maintain regulatory oversight over all approved interconnection agreements.

(M) Notice of approved interconnection agreements

All approved interconnection agreements may be obtained from the commission's docketing division or electronically by subscribing to a personal daily distribution list at the commission website.

Last updated July 13, 2023 at 2:17 PM

History

Effective: October 27, 2017
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-10 Mediation for carrier-to-carrier disputes.

(A) The mediation procedure in this rule is available for pending formal complaints between telephone companies. Any telephone company involved in a pending formal carrier-to-carrier complaint may ask the commission to mediate that matter. This rule is not intended to supersede any existing alternative dispute resolution provisions in approved interconnection agreements. These provisions are not intended to alter or diminish the commission's (or its staff's) authority to conduct investigations and to take remedial action when deemed necessary. This rule is not intended to alter or diminish the commission's (or its staff's) dispute resolution procedures for informal disputes.

(B) Mediation shall have the same meaning as that set forth in paragraph (B)(1) of rule 4901:1-7-08 of the Administrative Code.

(C) The mediation process shall be the same as that set forth in paragraphs (B)(2) to (B)(8) of rule 4901:1-7-08 of the Administrative Code.

Last updated July 13, 2023 at 2:17 PM

History

Effective: November 30, 2007
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-11 Collocation.

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:1-7-02 of the Administrative Code.]

(A) If collocation is the requested method of interconnection, the incumbent local exchange carrier (ILEC) shall provide physical collocation of equipment necessary for interconnection or access to unbundled network elements at its premises. If upon demonstration by an ILEC and a determination by the commission that physical collocation is not practical for technical reasons, or because of space limitations, then the ILEC shall provide virtual collocation of equipment necessary for interconnection or access to unbundled network elements at its premises, to the extent it is technically feasible. Such demonstration shall include, but not be limited to, the provision of detailed floor plans or diagrams of such premises to the commission. The commission determination shall be performed on a case-by-case basis.

(B) ILECs shall provide virtual collocation of equipment necessary for interconnection or access to unbundled network elements at its premises if requested by the interconnecting telephone company, even if the ILEC has floor space available for physical collocation, to the extent it is technically feasible.

(C) Collocation shall be provided pursuant to rates, terms, and conditions that are just, reasonable, and nondiscriminatory pursuant to 47 C.F.R. 51.321 and 51.323, and consistent with the commission's policies and decisions.

(D) In the event collocation fact-specific issues have not been addressed by the federal communications commission rules, the commission will determine such collocation issues on a case-by-case basis due to the fact that collocation is a very case- and fact-specific issue.

Last updated July 13, 2023 at 2:17 PM

History

Effective: October 27, 2017
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-12 Compensation for the transport and termination of non-access telecommunications traffic.

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:1-7-02 of the Administrative Code.]

(A) Compensation principles

(1) Reciprocal compensation

(a) All telephone companies have the duty to establish reciprocal compensation arrangements for the transport and termination of telecommunications traffic pursuant to 47 U.S.C. 251(b)(5), regardless of the network technology utilized by the telephone company to transport or terminate that traffic.

(b) Transport is the transmission, and any necessary tandem switching of telecommunications traffic subject to 47 U.S.C. 251(b)(5), from the interconnection point between the two telephone companies to the terminating telephone company's end office switch that directly serves the called party, or equivalent facility provided by a telephone company other than an incumbent local exchange telephone company (ILEC).

(c) Termination is the switching of the non-access telecommunications traffic at the terminating telephone company's end office switch, or equivalent facility, and delivery of such traffic to the called party's premises.

(2) Eligibility

Telephone companies are entitled to compensation for the use of network facilities they own or obtain by leasing from an ILEC (i.e., through purchasing unbundled network elements) to provide transport and terminate non-access telecommunications traffic originated on the network facilities of other telephone companies pursuant to 47 C.F.R. 51.703. Nonfacilities-based, local exchange carriers (LECs) are not eligible for the transport and termination of non-access telecommunications traffic compensation.

(B) Traffic measurement and identification

(1) All telephone companies exchanging non-access reciprocal compensation traffic and switched access reciprocal compensation traffic will measure minutes-of-use for compensation purposes if technically and economically feasible, unless they mutually agree to a different arrangement in an interconnection agreement.

(2) All telephone companies exchanging telecommunications traffic, where technically and economically feasible, as the provider of originating or transiting intrastate telecommunications traffic that is transported and/or terminated on the network of another telephone company, shall comply with the signaling information delivery requirements outlined in 47 C.F.R. 64.1601(a). This obligation is applicable to all telephone companies exchanging telecommunications traffic regardless of the network technology utilized by the telephone company to transport or terminate that traffic.

(1) Telecommunications traffic exchanged between LECs that originates and terminates within the boundary of an ILEC's local calling area. The local calling area of the ILEC shall include non-optional extended area service (EAS) approved by the commission while excluding optional EAS arrangements.

(2) Telecommunications traffic exchanged between a LEC and a wireless service provider that, at the beginning of the call, originates and terminates within the same major trading area as defined in 47 C.F.R. 24.202(a), is subject to non-access reciprocal compensation.

(3) Telecommunications traffic exchanged between a LEC and another telephone company in time division multiplexing (TDM) format that originates and/or terminates in internet protocol (IP) format and that otherwise meets the definitions in paragraph (C)(1) or (C)(2) of this rule. Telecommunications traffic originates and/or terminates in IP format if it originates from and/or terminates to an end-user customer of a service that requires internet protocol compatible customer premises equipment.

(D) Non-access reciprocal compensation arrangements

(1) Rates, terms, and conditions for the transport and termination of non-access reciprocal compensation traffic are subject to a bill and keep arrangement pursuant to 47 C.F.R. 51.705 and 51.713.

(2) Symmetrical non-access reciprocal compensation is to be addressed consistent with 47 C.F.R. 51.711.

(3) Rate structure

(a) Rates for transport and termination of symmetrical non-access reciprocal compensation traffic are to be structured consistent with the manner that telephone companies incur those costs pursuant to paragraph (B) of rule 4901:1-7-17 of the Administrative Code.

(b) LECs shall offer flat-rate compensation to other telephone companies for dedicated facilities purchased for the transport of non-access reciprocal compensation traffic.

(c) The rate of a telephone company providing transmission facilities dedicated to the transmission of non-access reciprocal compensation traffic between two telephone companies' networks may recover only the costs of the portion of that trunk capacity used by an interconnecting telephone company to send traffic that will terminate on the providing telephone company's network. Such proportion may be measured during peak periods.

(d) Non-access reciprocal compensation for telecommunication traffic exchanged between rate-of-return regulated rural telephone company as defined in 47 C.F.R. 51.5, and wireless service provider are to be set pursuant to 47 C.F.R. 51.709(c).

(E) This section should not be construed to preclude telephone companies from negotiating and voluntarily agreeing to other interconnection and compensation arrangements.

Last updated January 9, 2024 at 9:29 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-13 Transit traffic compensation.

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:1-7-02 of the Administrative Code.]

(A) Transit traffic is traffic that originates on one telephone company(s) network, terminates on a second telephone company's network, and is transmitted using an intermediate third telephone company(s) network facilities.

(B) The intermediate telephone company(s) carrying traffic originating and terminating on other telephone company's networks are to be compensated for the use of its (their) network facilities.

(1) It is appropriately compensated for the use of its network facilities necessary to carry the transit traffic.

(2) The originating and terminating telephone companies have a compensation agreement in place with the intermediate telephone company that sets the rates, terms, and conditions for the compensation of such transit traffic.

(D) The intermediate telephone company(s) should be compensated at the intermediate telephone company(s) total element long run incremental cost (TELRIC) based transit traffic compensation rates. Until such time as the commission approves telephone company-specific TELRIC-based transit traffic compensation rates, an intermediate telephone company(s) should be compensated, on an interim basis, at its (their) tariffed switched access reciprocal compensation rates subject to a true up of these rates.

(E) This section should not be construed to preclude telephone companies from negotiating other transit traffic interconnection and compensation arrangements.

(F) The originating and terminating telephone companies in a transit traffic arrangement are both obligated to establish a transport and termination agreement between them pursuant to 47 U.S.C. 251(b)(5) and 251(a)(1).

Last updated January 9, 2024 at 9:30 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-14 Compensation for intrastate switched access reciprocal compensation traffic and carrier-to-carrier tariff.

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:1-7-02 of the Administrative Code.]

(A) For purposes of this rule:

(1) "Nonrural incumbent local exchange carrier" (nonrural ILEC)" means an incumbent local exchange carrier that is not a "rural telephone company" under 47 U.S.C. 153(37).

(2) "Rural competitive local exchange carrier" (rural CLEC) means a CLEC that does not serve (i.e., terminate traffic to or originate traffic from) any customers located within either:

(a) An incorporated place of fifty thousand inhabitants or more based on the most recently available population statistics of the census bureau.

(b) An urbanized area, as defined by the census bureau.

(3) "Switched access reciprocal compensation" means access reciprocal compensation as defined in 47 C.F.R. 51.903(h).

(B) The prevailing ILEC and CLEC intrastate switched access reciprocal compensation rates established pursuant to case nos. 83-464-TP-COI and 00-127-TP-COI, are capped for compensation for origination of switched access telecommunications traffic terminated by other telephone companies at the December 29, 2011, level until the commission rules otherwise. The exception to this capping requirement of originating intrastate switched access reciprocal compensation shall be to those ILECs regulated on a rate-of-return basis by the federal communications commission. Any change in the ILEC or CLEC intrastate switched access reciprocal compensation tariffs are to be filed as an ATA case and are subject to the thirty-day approval procedure set forth in rule 4901:1-6-05 of the Administrative Code.

(C) ILEC and CLEC terminating intrastate switched access reciprocal compensation rates are subject to a bill-and-keep compensation arrangement, except that a rate-of-return regulated ILEC and any LEC that does own the terminating tandem may assess terminating tandem switched transport charges consistent with 47 C.F.R. 51.903-913.

(D) When filing for certification under rule 4901:1-6-08 of the Administrative Code, a facilities-based CLEC shall tariff the rates, terms, and conditions for switched access reciprocal compensation for the termination and origination of intrastate switched access traffic originated and/or terminated by other telephone companies.

(E) A facilities-based CLEC filing for certification, an ILEC's affiliate filing for a CLEC certification, or an ILEC proposing to operate outside its ILEC service area, are to establish their initial switched access reciprocal compensation rates, at a level that does not exceed the current rates of the ILEC providing service in the CLEC's service area, for the termination and origination of intrastate switched access reciprocal compensation traffic, unless the CLEC is a rural CLEC competing with a nonrural ILEC and its rates are capped at national exchange carrier association switched access reciprocal compensation rates. Once initial switched access reciprocal compensation rates are established, the rates are subject to requirements set forth in paragraphs (B) and (C) of this rule.

(F) A facilities-based CLEC, an ILEC's affiliate CLEC, or an ILEC operating outside its ILEC service area's intrastate switched access reciprocal compensation tariff not filed as part of its certification process pursuant to rule 4901:1-6-08 of the Administrative Code, is to be filed as an ATA case and be subject to the thirty-day approval procedure set forth in rule 4901:1-6-05 of the Administrative Code and requirements set forth in paragraph (E) of this rule.

Last updated January 9, 2024 at 9:30 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-15 Meet point billing (MPB).

(A) MPB arrangements are to be used in billing for compensation for jointly provisioned switched access service to another carrier by more than one local exchange carrier (LEC), similar to MPB arrangements currently used by the incumbent local exchange carriers.

(B) LECs may use MPB arrangements for compensation of other types of traffic exchanged between them.

(C) Under MPB compensation arrangements, the meet point can be any technically feasible point of interconnection pursuant to paragraph (A)(6) of rule 4901:1-7-06 of the Administrative Code.

Last updated January 9, 2024 at 9:31 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-16 Unbundled network elements (UNE).

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:1-7-02 of the Administrative Code.]

General unbundling requirements

(A) Each incumbent local exchange carrier (ILEC) shall have the duty to provide, to any requesting telephone company for the provision of telecommunications service, nondiscriminatory access to network elements, pursuant to 47 U.S.C. 251(c), and 251(d)(2), on an unbundled basis at any technically feasible point consistent with 47 C.F.R. 51.307-321 under rates, terms, and conditions pursuant to 47 U.S.C. 251(c)(3) and 252.

(B) Unbundled network element rates, terms, and conditions may be established through negotiation between telephone companies upon receipt of a request for interconnection pursuant to rule 4901:1-7-06 of the Administrative Code, or through arbitration pursuant to rule 4901:1-7-09 of the Administrative Code.

Last updated January 9, 2024 at 9:31 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-17 Carrier-to-carrier pricing.

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:1-7-02 of the Administrative Code.]

(A) General principles

(1) These standards apply to pricing of interconnection, unbundled network elements, methods of obtaining interconnection and access to unbundled network elements (including collocation), and reciprocal compensation pursuant to 47 U.S.C. 251(c) and 251(d)(2). All of these provisions are referred to as "elements" for the purpose of this rule.

(2) An incumbent local exchange carrier's (ILEC's) rates for each element it offers are to comply with the general pricing standards pursuant to 47 C.F.R. 51.503 and 47 C.F.R. 51.505 and the rate structure standards as described in paragraph (B) of this rule.

(3) The commission, at its discretion in an arbitration proceeding, shall set the ILEC's rates for each element it offers by either:

(a) Utilizing interim rates, subject to a true up pursuant to paragraph (A)(4) of this rule, that are based on the best information available to the commission about the ILEC's forward-looking economic costs.

(b) Pursuant to the forward-looking economic cost-based pricing methodology described in rule 4901:1-7-19 of the Administrative Code.

(4) The interim rate(s) for an element(s) will no longer be in effect once the commission determines rates based on forward-looking economic costs pursuant to rule 4901:1-7-19 of the Administrative Code, submitted by the ILEC and approved by the commission. If the interim rate for an element is different from the rate established by the commission pursuant to rule 4901:1-7-19 of the Administrative Code, the involved telephone companies are to make adjustments to the past rate charged for that element which allow each telephone company to be charged at a rate level it would have been charged had the interim element rate equaled the rate later established by the commission pursuant to rule 4901:1-7-19 of the Administrative Code. The involved telephone companies may consider the financial impact of the true up and negotiate the period of time over which the true up takes place.

(5) The rate that an ILEC assesses for elements shall not vary on the basis of the class of customer served by the requesting telephone company, or on the type of services that the requesting telephone company purchasing such elements uses them to provide.

(B) Rate structure

(1) The rate structure standards contained in 47 C.F.R. 51.507 and 51.509 shall apply to rates set by the commission in arbitration proceedings pursuant to rule 4901:1-7-09 of the Administrative Code. Local exchange carriers (LECs) are not precluded from negotiating alternative rates or rate structures.

(2) General rate structure standards

An incumbent local exchange carrier's rates for each element it offers are to comply with the general pricing standards pursuant to 47 C.F.R. 51.503 and 51.505 and the rate structure standards as described in paragraph (B) of this rule.

Last updated January 9, 2024 at 9:32 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-18 Interim rates for forward-looking economic prices.

(A) Interim rates may be used by the commission in setting prices while arbitrating disputed issues pursuant to rule 4901:1-7-9 of the Administrative Code.

(B) The commission will set interim rates when it determines that it does not have sufficient time to review cost information provided by an incumbent local exchange carrier or when it appears that there may be significant concerns with the cost studies from the commission's cursory review.

Last updated January 9, 2024 at 9:32 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-19 Forward-looking economic costs.

(A) The forward-looking, economic, cost-based price of an element shall be set at a level that allows the providing carrier to recover the sum of the total element long-run incremental cost (TELRIC) of the element and a reasonable allocation of the forward-looking, joint and common costs.

(B) TELRIC

(1) Principal

The TELRIC of an element is the forward-looking economic cost over the long-run of the total quantity of the facilities and functions that are directly attributable to, or reasonably identifiable as incremental to, such element, calculated while holding all other products' volumes constant.

(2) Study period

The commission will consider a cost study period of five years to be reasonable. An incumbent local exchange carrier (ILEC) will have the burden of proof, to the commission's satisfaction, that such study period would not be reasonable for a specific element.

(3) Federal, state, and local income taxes

Federal, state, and local income tax expenses will be determined based on the TELRIC recognizing the "tax-on-tax" situation that results from the deductibility of state and local tax when federal taxes are paid.

(4) Inflation

TELRIC studies shall reflect costs that are expected to be incurred during the study period. Such costs are to be projected to their anticipated level over the study period by using prices in supplier contracts or an appropriate index of future cost, such as supplier estimates of price changes, indices developed from labor contracts, or other relevant indices.

(5) Investment development

(a) Material investment

(i) The development of the material component of investment shall begin with the current vendor price(s) for the hardware and software resources required to provide the element, projected over the study period as described above.

(ii) Other components of material investment may include inventory, supply expenses, and sales taxes.

(iii) The sales tax component of investment is to be calculated by applying a sales tax factor if applicable. The factor shall reflect taxes imposed by state and local taxing bodies on material purchases and be applied to the material and inventory components.

(iv) The supply component may include the expense incurred by the ILEC for storage, inventory, and delivery of material.

(b) Labor investment

There are two major components of labor investment, vendor-related and ILEC-related.

(i) Vendor-related labor investment includes vendor-provided installation and engineering.

(ii) ILEC-related labor investment may be developed based on account averages or from estimates of product-specific plant engineering and installation hours.

(iii) Total labor costs are to be computed by multiplying the account average or product specific work times by the appropriate labor rate.

(iv) Hourly labor rates include the operational wages, benefits, paid absence, and, if applicable, tools and miscellaneous expenses.

(6) Fill factors

The investment developed above shall be adjusted to reflect reasonably accurate "fill factors." Fill factors are the proportion of a facility that will be filled with network usage during the study period. The ILEC has the burden to justify the reasonableness of the fill factors used in its TELRIC studies.

(7) Maintenance

Maintenance costs are incurred in order to keep equipment resources in usable condition.

(a) Included in this classification are: direct supervision; engineering associated with maintenance work; labor and material costs incurred in the upkeep of plant; rearrangements and changes of plant; training of maintenance forces; testing of equipment and facilities; tool expenses; and miscellaneous expenses.

(b) The specific maintenance cost estimates associated with the element in question or investment-related annual maintenance factors may be applied to arrive at an annual maintenance cost.

(c) The factor is to be specific to the investment and expense accounts associated with the element and developed from the most current data reasonably available to the ILEC.

(8) The forward-looking, economic, cost per unit of an element equals the forward-looking, economic cost of the element, divided by a reasonable projection of the sum of the total number of units of that element that the ILEC is likely to provide to requesting telephone companies and the total number of units of that element that the ILEC itself is likely to use in offering its own services, during the study period.

(9) In the determination of the total number of units:

(a) If the ILEC offers an element on a flat-rate basis, the number of units are defined by the ILEC as the discrete number of elements that the ILEC uses or provides (e.g., number of loops or number of ports).

(b) If the ILEC offers an element on a usage-sensitive basis, the number of units are defined by the ILEC as the unit of measurement of the usage (e.g., number of minutes-of-use or database queries).

(10) The TELRIC of an element is to reflect any cost-based volume discount, term discount, and/or geographic-deaveraging the ILEC plans to offer.

(1) Forward-looking common costs are economic costs incurred by the ILEC in providing all elements and services provided by the ILEC that cannot be attributed directly to an individual element or service.

(2) Forward-looking joint costs are those forward-looking costs that are common to only a subset of the elements or services provided by the ILEC.

(3) Reasonable allocation of forward-looking, joint and common costs:

(a) Forward-looking joint costs which are common to only a subset of the elements or services provided by the ILEC, are to be allocated to that subset, and should then be allocated among the individual elements or services in that subset, based upon measures of utilization, including such measures as: number of circuits, minutes-of-use, and bandwidth. The commission may evaluate the reasonableness of the joint cost allocation methodology on a case-by-case basis.

(b) Forward-looking common costs are to be allocated among elements and services in a reasonable manner. The ILEC may allocate forward-looking common costs using a fixed allocator as a markup over the sum of the TELRIC and the allocated forward-looking joint cost allocated to such element. The ILEC has the burden of proving that the fixed allocator permits only reasonable recovery of any forward-looking common costs.

Last updated January 9, 2024 at 9:33 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-20 Cost study requirements.

(A) When a local exchange carrier (LEC) submits a cost study to the commission staff, it must simultaneously submit a complete set of supporting work papers and source documents.

(B) The work papers are to clearly and logically present all data used in developing the estimate and provide a narrative explanation of all formulas or algorithms applied to these data. These work papers must allow others to replicate the methodology and calculate equivalent or alternative results using equivalent or alternative assumptions.

(C) The work papers are to clearly set forth all significant assumptions and identify all source documents used in preparing the cost estimate, including the technology being used in providing the element.

(D) The work papers are to be organized so that a person unfamiliar with the study will be able to work from the initial investment, expense, and demand data to the final cost estimate. Every number used in developing the study is to be clearly identified in the work papers as to what it represents. Further, the source should be clearly identifiable and readily available, if not included with the work papers.

(E) Any input expressed as a "dollars per minute," "dollars per foot," "dollars per loop," "dollars per port," and the like are to be traceable back to the original source documents containing the number of dollars, minutes, feet, loops, ports, and the like from which these figures were calculated.

(F) All data and work papers are to be provided in electronic format.

Last updated January 9, 2024 at 9:33 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-21 Resale.

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:1-7-02 of the Administrative Code.]

(A) Resale provisioning

(1) Telecommunications services available for resale by any local exchange carrier (LEC) are to be pursuant to 47 U.S.C. 251(b)(1).

(2) Incumbent LECs are to provide its retail telecommunications services for resale pursuant to 47 U.S.C. 251(c)(4).

(3) Each ILEC is to provide nondiscriminatory, automated operational support systems. Such systems will enable other LECs reselling the ILEC's retail telecommunications services to preorder and order service, installation, repair, and number assignment; monitor network status; and bill for local service. Such support systems are to include, but not be limited to:

(a) Preordering and ordering functionalities for processing customer service orders.

(b) Provisioning requirements to ensure electronic transmission of data to the LEC providing telecommunications services for resale, as well as order and service completion confirmation.

(4) ILECs are required to provide branding of operator, call completion, or directory assistance services offered for resale.

(B) Resale of retail promotions

(1) Promotions of recurring charges for retail services offered by an ILEC lasting more than ninety calendar days, as measured on a per customer basis in a twelve-month time frame, or a promotion of the comparable cash value offered by a ILEC is to be made available for resale at the wholesale rates.

(2) Promotions of recurring charges for retail services offered by a competitive local exchange carrier (CLEC) lasting more than ninety calendar days, as measured on a per customer basis in a twelve-month time frame, or a promotion of the comparable cash value offered by a CLEC is to be made available for resale.

(1) All LECs are to make available for resale all retail telecommunication service contracts. The contract is available for resale only in its entirety, and is available to similarly situated customers other than the same customer under the LEC contract.

(2) ILECs are to make these contracts available at the wholesale rate discussed in paragraph (D) of this rule.

(3) LECs may, subject to commission approval, place reasonable restrictions on the resale of contracts including the resale of residential services to business customers.

(D) Resale pricing

(1) ILEC's retail telecommunications services available for resale to any telephone company are to be priced on a wholesale basis. Wholesale prices is determined on the basis of the retail rates charged to customers for the telecommunications service under consideration, excluding the portions thereof attributable to any marketing, billing, collection, and other costs that will be avoided by the ILEC.

(2) The commission, at its discretion, may establish the wholesale rates utilizing either:

(a) Interim wholesale rates that are based on the best information available to the commission, about the ILEC avoided costs. In that case, the commission may establish a single discount percentage rate that is used to establish interim wholesale rates for each telecommunications service. Such interim rates may be subject to a true up consistent with principles outlined in paragraph (A)(4) of rule 4901:1-7-17 of the Administrative Code.

(b) Rates that are equal to the ILEC's existing retail rates for the telecommunications service, less avoided retail costs through the commission's review and approval of the ILEC's avoided cost study.

(3) Avoided retail costs for large ILECs are those costs that will be avoided when an ILEC provides a telecommunications service for resale at wholesale rates to a requesting telephone company.

(a) For the ILECs that are designated as class A companies pursuant to 47 C.F.R. 32.11, except as provided in paragraph (D)(3)(d) of this rule, the avoided retail costs include:

(i) As direct costs, the costs recorded in uniform system of accounts (USOA) account numbers 5301 (telecommunications uncollectibles) in proportion to the avoided direct expenses, 6611 (product management), 6612 (sales), 6613 (product advertising), 6621 (call completion services), 6622 (number services), and 6623 (customer services).

(ii) As indirect costs, a portion of the costs recorded in USOA accounts 6121-6124 (general support expenses), 6711, 6712, 6721-6728 (corporate operations expenses).

(iii) Not include plant-specific expenses and plant nonspecific expenses other than general support expenses (6110-6116 and 6210-6565).

(b) Costs included in accounts 6611-6613 and 6621-6623 described in paragraph (D)(3)(a)(i) of this rule, may be included in wholesale rates only to the extent that the ILEC proves to the commission that specific costs in these accounts will be incurred and are not avoidable with respect to the services sold at wholesale, or that specific costs in these accounts are not included in the retail prices of resold services.

(c) Costs included in accounts 6110-6116 and 6210-6565 described in paragraph (D)(3)(a)(iii) of this rule, may be treated as avoided retail costs, and excluded from the retail rates, only to the extent that a party proves to the commission that specific costs in these accounts can reasonably be avoided when an ILEC provides a telecommunications service for resale to a requesting carrier.

(d) For the ILECs that are designated as class B companies under 47 C.F.R. 32.11, and that record information in summary accounts instead of specific USOA accounts, the entire relevant summary accounts may be used in lieu of specific USOA accounts listed in paragraphs (D)(3)(a) to (D)(3)(c) of this rule.

(4) Avoided retail costs for small ILECs will be determined on a case-by-case basis.

(5) An ILEC may, upon commission approval, set wholesale discounts that are not uniform provided the ILEC demonstrates to the commission that those rates are set on the basis of an appropriate avoided-cost study.

(6) The ILEC will develop a two-pronged wholesale discount, one discount that applies when the reseller purchases operator services and directory assistance, and a second discount when these services are not purchased in their entirety.

(E) When an ILEC provides exchange services to a requesting carrier at wholesale rates for resale, the ILEC can continue to assess the intrastate access charges provided in its intrastate tariffs upon the requesting carrier. The ILEC access charges assessed to the requesting carrier should be at the tariffed rate not at an avoided-cost discounted rate.

Last updated January 9, 2024 at 9:33 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-22 Customer migration.

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:1-7-02 of the Administrative Code.]

(A) Each competitive local exchange carrier (CLEC) is to provide systems to facilitate the migration of customers between local exchange carriers (LECs). Such systems may be manual but are to enable another LEC to migrate customers efficiently from that CLEC's network. Such systems are to include, but not be limited to, systems required to preorder, order, install, and repair service, and billing for local service. CLEC responses to customer service record requests are to include information sufficient to facilitate customer migration between LECs. For the purposes of this rule, customer service information includes but is not limited to the following:

(1) Customer service records - detailed identification of the regulated services to which the customer is subscribed.

(2) Service completion confirmation - the verification and notification that all tasks associated with a service order have been completed.

(3) Line loss notification - the notification to a LEC that a customer has initiated a transition to another LEC.

(4) Completion notices - notice that all work to affect a customer migration has been completed.

(5) Circuit identification - the manner and system a carrier uses to identify physical circuits under its control, if applicable.

(6) 911 and directory listings.

(B) Incumbent local exchange carriers (ILECs) are required to provide systems to facilitate the migration of customers between LECs pursuant to 47 C.F.R. 51.319(e), and consistent with any existing ILEC-specific commission requirement.

(C) All telephone companies are to use the relevant industry developed standards and timelines, where they exist, or a mutually agreed upon equivalent, for the exchange of customer account information between telephone companies.

(D) Telephone companies responding to local service requests are to follow industry standards, including North America numbering council timelines. Telephone companies responding to a request for customer service records are to provide such information to the requesting telephone company, if available, within twenty-four clocks hours, unless otherwise negotiated, excluding weekends and current service provider holidays.

(E) No telephone company, having obtained facilities, resources, or information for the purpose of serving a specific customer, can, upon the receipt of a request to migrate that customer, continue to hold, or fail to release said facilities, resources, or information solely in order to prevent or delay the migration of that customer. In the event of a dispute, the telephone company retaining the facilities, resources, or information carries the burden of proof to demonstrate a valid reason for retaining the facilities, resources, or information in question.

(F) A telephone company losing its customer is not to use information obtained as a result of the customer migration process to solicit a competing telephone company's customer while the competing telephone company is in the process of obtaining from such telephone company the facilities, resources, or information necessary to serve that same customer.

(G) No acquiring telephone company can require, instruct, or advise any new customer to first establish service with, migrate to, or otherwise use transitionally another telephone company, without the consent of such other telephone company, for an interim period of time before becoming a customer of the acquiring telephone company.

(H) Telephone companies are to submit customer service record requests to the customer's existing telephone company and not to the underlying network provider.

Last updated January 9, 2024 at 9:34 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-24 Local number portability (LNP).

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:1-7-02 of the Administrative Code.]

(A) Telephone companies do not have a proprietary interest in the customer's telephone number. Customers must have the ability to retain the same telephone number as they change from one telephone company to another at the same location.

(B) All telephone companies must provide permanent LNP pursuant to 47 C.F.R. 52.21-52.36.

Last updated July 13, 2023 at 2:18 PM

History

Effective: October 27, 2017
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-25 Number optimization.

All number holding telephone companies, including wireless service providers, must adhere to the following requirements:

(A) Upon request, provide copies of all NXX code requests to the North American numbering plan administrator (NANPA) or thousands block requests to the pooling administrator to the chief of the regulatory utility services division of the rates and analysis department of the commission.

(B) Initial and growth NXX code or thousands block requests must comply with applicable federal regulation.

(C) The telephone company must obtain NXX codes from NANPA or thousands blocks from the pooling administrator only for those areas where it is certified and plans to activate service within six months. If a telephone company is unable to meet the six-month deadline for placing a code or thousands block into service by returning a part 4 form to NANPA or to the pooling administrator, then further action regarding this code or thousands block is the responsibility of the commission and the telephone company.

(D) The telephone company will adopt all current and future number resource optimization measures set forth by the federal communications commission and the commission orders.

Last updated January 9, 2024 at 9:34 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-26 Competition safeguards.

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:1-7-02 of the Administrative Code.]

(A) Disclosure of information

(1) Definitions

(a) For the purpose of this rule, "customer proprietary network information" (CPNI) is defined in accordance with 47 U.S.C. 222(h)(1).

(b) For the purpose of this rule, "subscriber list information" is defined in accordance with 47 U.S.C. 222(h)(3).

(c) For purposes of this rule "customer-specific information" is defined as any information specifically pertaining to a customer that is not information included in the definitions set forth in paragraphs (A)(1)(a) and (A)(1)(b) of this rule.

(2) Customer proprietary network information (CPNI)

(a) The use of CPNI by any telephone company is to comply with 47 U.S.C. 222, and 47 C.F.R. 64.2001 to 64.

(b) No local exchange carrier (LEC) can access or use the CPNI held by either an interconnecting LEC or a LEC reselling its services for the purpose of marketing its services to either the interconnecting LEC's customers or reselling LEC's customers.

(3) To the extent a telephone company makes subscriber list information available to affiliated competitors within its service territory for purposes other than the publishing of directories, it will, upon request, also do so on a nondiscriminatory basis with all unaffiliated competitors certified to provide service in its service territory.

(a) This provision does not apply to customer-specific information, obtained with proper authorization, necessary to fulfill the terms of a contract, or information relating to the provision of general and administrative support services.

(b) This provision does not apply to information subject to a customer request to either release or withhold information.

(4) Records

All telephone companies are to maintain records, consistent with federal communications commission (FCC) requirements, to enable the commission to determine whether they have satisfied paragraph (A) of this rule.

(B) Accounting requirements

Each incumbent local exchange carrier (ILEC) is to maintain its books, records, and accounts in accordance with the FCC's accounting requirements, as appropriate to the categorization of the ILEC, and as revised from time to time.

Last updated January 9, 2024 at 9:34 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-7-27 Local exchange carrier default.

(A) In the event a local exchange carrier (LEC) intends to terminate another LEC's access to its network for nonpayment or any other material default, as defined by an agreement between the LECs, and in the event such termination of service would effectively result in the disconnection of the defaulting LEC's customers from the local telecommunications network without a customer notice, consistent with rule 4901:1-6-07 of the Administrative Code, the aggrieved LEC is to notify the commission at least fourteen calendar days in advance of the date it intends to terminate the other LECs' access. Such notice will be made by e-mail, facsimile, overnight mail, or hand delivery to the defaulting LEC and to the director of the service monitoring and enforcement department, the chief of the regulatory utility services division of the rates and analysis department, and the chief of the telecommunications section of the legal department.

(B) If it is determined by the commission, that further investigation is warranted or that immediate termination may not be in the public interest, the commission or an attorney examiner may direct the aggrieved LEC to stay the termination for further investigation. This rule is not intended to replace any default or dispute resolution provisions contained in an agreement between the LECs. Rather, it is an additional requirement should a default trigger the potential for termination of service(s) from the aggrieved LEC's network.

Last updated January 9, 2024 at 9:35 AM

History

Effective: June 30, 2023
Promulgated Under: 111.15

Chapter 4901:1-9 Metering Options

Ohio Adm.Code 4901:1-9-01 Definitions.

(A) As used in this chapter:

(1) "Contribution in aid of construction" means any amount of money or property contributed to an electric utility to the extent that the purpose of the contribution is to provide for line extensions for new or expanded customer loads.

(2) "Commission" means the public utilities commission of Ohio.

(3) "Cost estimate" means the detailed projected expenditure, including material costs and overhead, equipment costs and overhead, labor costs and overhead, and all taxes associated with each major material and service component, required for a line extension with a separate identification of any incremental costs associated with providing premium services.

(4) "Customer" means any individual, corporation, company, co-partnership, association, joint venture, or government entity who has requested the construction of an electric line extension from the electric utility.

(5) "Electric utility" has the meaning set forth in division (A)(11) of section 4928.01 of the Revised Code.

(6) "Line extension" means the provision of facilities (including, but not limited to, poles, fixtures, wires, and appurtenances) necessary for delivering electrical energy from the point of origin to one or more of the customer's points of delivery. Facilities provided by the electric utility to maintain, protect, upgrade, or improve its overall distribution system (even if necessary due to a customer's load addition) are not considered part of a line extension.

(7) "Multifamily installation" means any line extension to a new residential dwelling that will have two or more dwelling units, where each unit has a separate account for electric service.

(8) "Point of origin" means the point where a line extension under this rule connects with and receives energy from any existing transmission or distribution equipment. The point of origin is designated as the nearest practical point to the customers to be served by the line extension at which the appropriate voltage level is available.

(9) "Premium service" includes, but is not limited to, customer-requested oversizing of facilities, underground construction, three-phase residential service, and any customer request that is in excess of standard construction and requirements necessary to provide electric service to the customer.

(B) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

Last updated June 20, 2023 at 9:10 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-9-03 Demand, load, or time differentiated pricing meter option for residential customers.

Each electric utility shall maintain on file with the commission a tariff, in which the electric utility:

(A) Offers residential customers, whose residences are primarily heated by electricity, the option of metering usage by a demand, load, or time differentiated pricing meter.

(B) May require customers to pay for any demand, load, or time differentiated pricing meter they select and its installation, if no such meter is already installed or the technology deployed.

(C) Bills customers with demand, load, or time differentiated pricing meters for kilowatt hours in excess of a prescribed number of kilowatt hours per kilowatt of billing demand, at a rate per kilowatt hour that reflects the lower cost of providing service during off-peak periods.

Last updated June 20, 2023 at 9:10 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-9-05 Uniform system of accounts for electric utilities.

(A) Electric utilities shall keep their books of accounts and records in accordance with the uniform system of accounts prescribed by the federal energy regulatory commission except to the extent that the provisions of said uniform system of accounts are inconsistent in any way with the outstanding accounting orders of the commission.

(B) The commission reserves the right to expect the creation and maintenance of such additional accounts as may hereafter be prescribed to cover the accounting procedures of electric utilities.

Last updated June 20, 2023 at 9:10 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-9-06 Retention of records.

Unless otherwise specified in Chapter 4901:1-10 of the Administrative Code, the regulations governing the retention and preservation of records of electric utilities are set forth in the appendix to this rule [amended appendix, see attachment].

View Appendix

Last updated September 17, 2026 at 12:52 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-9-07 Rules, regulations, and practices for the construction of electric line extensions.

(A) Applicability

This rule is applicable to all electric utilities to facilitate the policy of the state as set forth in section 4928.02 of the Revised Code by requiring all of the state's electric utilities to apply the same policies and charges on a nondiscriminatory and comparable basis in fulfilling the obligation to construct line extensions when necessary to provide adequate distribution service to new or expanded customer loads, both residential and nonresidential.

(B) Tariff criteria

(1) Each electric utility shall have on file with the commission an approved tariff schedule for the provision of line extensions consistent with the requirements of this rule.

(2) In the event that provisions are required to implement circumstances not addressed in this rule, the electric utility shall address those circumstances in its application, but will make its best efforts to maintain consistency with the rules herein.

(3) Upon the filing of an application to establish or modify line extension tariffs, the commission may fix a time and place for hearing if the application appears to be unjust or unreasonable. The burden of proof to show that the proposals in the application are just and reasonable is placed upon the electric utility.

(1) Within ten business days of a request, the electric utility shall provide a nonbinding good faith cost estimate for the line extension project or contact the customer and advise that it requires further relevant information. Under the circumstances where the electric utility requires further relevant information, the electric utility shall contact the customer and shall provide a nonbinding good faith cost estimate no more than ten calendar days from the receipt of the required information.

(2) Within forty-five calendar days of a request, the electric utility shall provide a binding firm cost estimate for the line extension project. Under the circumstance where the electric utility requires further relevant information, the electric utility shall contact the customer and shall provide a binding firm cost estimate no more than forty-five calendar days from the receipt of the required information.

(3) All firm cost estimates are valid for ninety calendar days and are subject to change based upon obtaining necessary rights of way and to conditions beyond the reasonable control of the electric utility.

(4) The electric utility may allow third-party installation of line extension facilities subject to utility specifications and inspection. If a customer completes any of the work, a detailed cost estimate will be developed by the electric utility for the purpose of calculating the amount to be paid by the customer, as well as the amount that is the responsibility of the electric utility.

(5) Costs attributed to land clearance activity, trenching, and backfilling required for the installation of line extension facilities on the customer's property are the responsibility of the customer.

(D) Line extension charges

(1) For line extensions to residential single family homes, both individual homes and homes in a development, unless noted otherwise, the following applies:

(a) The electric utility shall be responsible for all costs, excluding the incremental costs of premium services (the sum of the electric utility's cost to provide the premium installation minus the electric utility's cost of a standard, single-phase installation), up to five thousand dollars.

(b) The customer is responsible for the incremental costs of premium services prior to the start of construction.

(c) The customer should make arrangements with the electric utility for the payment of the non-premium line extension costs that exceed five thousand dollars. The electric utility shall afford the nondeveloper, individual homeowner the option of paying those costs, plus carrying costs, on a prorated monthly basis for up to fifty months, so long as the homeowner does not have a delinquent bill with the electric utility, as determined in accordance with rule 4901:1-18-04 of the Administrative Code.

(2) For line extensions to residential, non-master-metered, multifamily installations (two or more units) the following applies:

(b) The customer will be responsible for the incremental costs of premium services prior to the start of construction.

(c) The customer should make arrangements with the electric utility for the payment of the non-premium line extension costs that exceed twenty-five hundred dollars per unit.

(3) For line extensions to nonresidential customers the following applies:

(a) The electric utility shall be responsible for sixty per cent of the total cost of the line extension, excluding the incremental costs of premium services (the sum of the electric utility's cost to provide the premium installation minus the electric utility's cost to install, in accordance with good utility practice, a standard line extension to the project), with the customer responsible for the remainder.

(b) If a substation is required as part of the line extension project to a customer, the customer shall be given the option of building (pursuant to all applicable electrical standards), owning, and maintaining such substation.

(E) Electric utility cost recovery for line extensions

(1) The payment for premium services and for the cost of residential construction in excess of the limits of five thousand dollars for single-family residences and twenty-five hundred dollars per unit for multifamily residences shall be considered as contribution in aid of construction (CIAC) and will be grossed-up by the effect of applicable taxes. The total CIAC payment (including the tax gross-up) will be accounted for according to applicable accounting standards.

(2) All other costs associated with line extensions, including, but not limited to, the costs of necessary technical studies, operation and maintenance costs, and capital costs are eligible for recovery in the next distribution rate proceeding, in accordance with traditional ratemaking standards.

(3) Line extension costs and the recovery of such costs will not be included in the recovery of any costs associated with infrastructure and modernization of the electric utility's distribution system for which the electric utility may seek recovery under division (B)(2)(h) of section 4928.143 of the Revised Code.

(F) Future customers

(1) Any customer who paid to the electric utility a CIAC, other than for premium services, may be entitled to a refund of a portion of the CIAC paid in accordance with the following:

(a) If any new customer, within fifty months of the completion of a line extension project for which a party has paid to the electric utility a CIAC, utilizes all or part of the facilities for which the CIAC has been paid, the party who paid the CIAC may be entitled to a refund which represents a pro rata portion of the original CIAC calculated to equitably share the CIAC responsibility for those facilities used in service by both the new and original customer.

(b) If any new additional customer, within fifty months of the completion of the line extension project for which a party has paid to the electric utility a CIAC, utilizes all or part of the facilities for which a CIAC has been paid, the party who paid the CIAC may also be entitled to a refund.

(2) Such refunds will be reflected as a reduction to CIAC for ratemaking purposes.

Last updated June 20, 2023 at 9:11 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-9-09 Nuclear decommissioning reports.

(A) On a biennial basis, commencing March 31, 2001, an electric utility or affiliate owning nuclear generation facilities shall cause the entity responsible for managing the external trust fund (fund) created to hold funds for the decommissioning of each nuclear facility located in Ohio, as described in case no. 87-1183-EL-COI, to report to the commission on the status of that fund. This reporting may be coordinated so as to coincide with the reporting requirements of the nuclear regulatory commission. The annual reports will include:

(1) Information on the receipts of the fund.

(2) The investment income of the fund.

(3) The costs incurred by the fund.

(4) The balance of the fund.

(5) A description of the current fund investments, as to return and investment grade reported by applicable reporting services.

(B) In addition, an electric utility or affiliate owning nuclear generation facilities shall cause the entity responsible for managing the fund to file copies of all documents required to be filed with other state or federal agencies, including tax returns and updated nuclear decommissioning cost estimates submitted to the nuclear regulatory commission, with the commission within thirty calendar days following their submittal to the requiring agency.

Last updated June 20, 2023 at 9:11 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Chapter 4901:1-10 Electric Companies

Ohio Adm.Code 4901:1-10-01 Definitions.

As used in this chapter:

(A) "Advanced meter" means any electric meter that meets the pertinent engineering standards using digital technology and is capable of providing two-way communications with the electric utility to provide usage and/or other technical data.

(B) "Advanced meter opt-out service" means a service provided by an electric utility under the terms and conditions of a commission-approved tariff, which allows a customer to take electric distribution service using a traditional meter.

(D) "Commission" means the public utilities commission of Ohio.

(E) "Competitive retail electric service provider" or "CRES" means a provider of competitive retail electric service, subject to certification under section 4928.08 of the Revised Code.

(F) "Consolidated billing" means that a customer receives a single bill for electric services provided during a billing period for services from both an electric utility and a competitive retail electric service provider.

(G) "Consumer" means any person who receives service from an electric utility or a competitive retail electric service provider.

(H) "Critical customer" means any customer or consumer on a medical or life-support system who has provided appropriate documentation to the electric utility that an interruption of service would be immediately life-threatening.

(I) "Customer" means any person who has an agreement, by contract and/or tariff with an electric utility or by contract with a competitive retail electric service provider, to receive service.

(J) "Customer account information" has the meaning set forth in division (A) of section 4928.103 of the Revised Code.

(K) "Customer energy usage data" means data collected from a customer's meter, which is identifiable to a retail customer.

(L) "Customer premises" means the residence(s), building(s), or office(s) of a customer.

(M) "Director of the service monitoring and enforcement department" means the director of the service monitoring and enforcement department of the commission or the director's designee.

(N) "Electric distribution utility" or "EDU" has the meaning set forth in division (A)(6) of section 4928.01 of the Revised Code.

(O) "Electric light company" has the meaning set forth in division (C) of section 4905.03 of the Revised Code.

(P) "Electric services company" has the meaning set forth in division (A)(9) of section 4928.01 of the Revised Code.

(Q) "Electric utility" as used in this chapter has the meaning set forth in division (A)(11) of section 4928.01 of the Revised Code.

(R) "Electric utility call center" means an office or department or any third party contractor of an electric utility designated to receive customer calls.

(S) "Fraudulent act" means an intentional misrepresentation or concealment by the customer or consumer of a material fact that the electric utility relies on to its detriment. Fraudulent act does not include tampering.

(T) "Governmental aggregation program" means the aggregation program established by the governmental aggregator with a fixed aggregation term, of one to three years.

(U) "Major event" encompasses any calendar day when an electric utility's system average interruption duration index (SAIDI) exceeds the major event day threshold using the methodology outlined in section 3.5 of standard 1366-2012 adopted by the institute of electrical and electronics engineers (IEEE) in "IEEE Guide for Electric Power Distribution Reliability Indices." The threshold will be calculated by determining the SAIDI associated with adding 2.5 standard deviations to the average of the natural logarithms of the electric utility's daily SAIDI performance during the most recent five-year period. For purposes of this definition, the SAIDI will be determined in accordance with paragraph (C)(3)(e)(iii) of rule 4901:1-10-11 of the Administrative Code.

(V) "Mercantile customer" has the meaning set forth in division (A)(19) of section 4928.01 of the Revised Code.

(W) "Mercantile customer member" has the meaning set forth in division (A)(1) of section 4928.73 of the Revised Code.

(X) "Mercantile customer self-power system" has the meaning set forth in division (A)(2) of section 4928.73 of the Revised Code.

(Y) "Momentary interruption" means an interruption of electric service with a duration of five minutes or less.

(Z) "Non-jurisdictional services" means services which do not meet the definition of "retail electric service" set forth in division (A)(27) of section 4928.01 of the Revised Code.

(AA) "Outage coordinator" means the commission's service monitoring and enforcement department director or the director's designee.

(BB) "Person" has the meaning set forth in division (A)(24) of section 4928.01 of the Revised Code.

(CC) "Postmark" means a mark, including a date, stamped or imprinted on a piece of mail which services to record the date of its mailing, which in no event will be earlier than the date on which the item is actually deposited in the mail. For electronic mail, postmark means the date the electronic mail was transmitted.

(DD) "Renewable energy credit" means the fully aggregated attributes associated with one megawatt hour of electricity generated by a renewable energy resource as defined in division (A)(37) of section 4928.01 of the Revised Code.

(EE) "Slamming" means the transfer of or requesting the transfer of a customer's competitive electric service to another provider without obtaining the customer's consent.

(FF) "Staff" means the commission staff or its authorized representative.

(GG) "Sustained outage" means the interruption of service to a customer for more than five minutes.

(HH) "Tampering" means to interfere with, damage, or by-pass a utility meter, conduit, or attachment with the intent to impede the correct registration of a meter or the proper functions of a conduit or attachment so far as to reduce the amount of utility service that is registered on or reported by the meter. Tampering includes the unauthorized reconnection of a utility meter, conduit, or attachment that has been disconnected by the utility.

(II) "Time differentiated rates" means rates that vary from one time period to another, such as hourly, daily, or seasonally.

(JJ) "Traditional meter" means any meter with an analog or digital display that does not have the capability to communicate with the utility using two-way communications.

(KK) "Transmission outage" means an outage involving facilities that would be included in rate setting by the federal energy regulation commission.

(LL) "Universal service fund" means a fund established pursuant to section 4928.51 of the Revised Code, for the purpose of providing funding for low-income customer assistance programs, including the percentage of income payment plan program, customer education, and associated administrative costs.

(MM) "Voltage excursions" are those voltage conditions that occur outside of the voltage limits as defined in the electric utility's tariffs and are beyond the control of the electric utility.

Last updated September 25, 2026 at 12:19 PM

History

Effective: October 5, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-02 Purpose and scope.

(A) The rules in this chapter:

(1) Apply to investor-owned electric utilities, as defined in this chapter, and transmission owners.

(2) Are intended to promote safe and reliable service to consumers and the public, and to provide minimum standards for uniform and reasonable practices.

(B) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

(C) Except as set forth below, the rules of this chapter supersede any inconsistent provisions, terms, and conditions of the electric utility's tariffs. An electric utility may adopt or maintain tariffs providing superior standards of service, reliability or safety, or greater protection for customers or consumers. Further, an electric utility may adopt or maintain tariffs which are not inconsistent with the rules of this chapter.

(D) When an electric utility and/or transmission owner in a complaint proceeding under section 4905.26 of the Revised Code demonstrates compliance with the relevant service or performance standard of this chapter, excluding rule 4901:1-10-27 of the Administrative Code, a rebuttable presumption is created that the electric utility is providing adequate service regarding that standard. Such presumption applies solely to the specific standard addressed by the commission for the time period at issue in the complaint proceeding. No such presumption is created merely by compliance with any reporting requirement of this chapter. In addition, to the extent the service and performance standards in this chapter are based on system-wide data, no such rebuttable presumption is applicable to complaints regarding the adequacy of service provided either to individual customers or consumers or to any segment of the system of an electric utility and/or transmission owner.

(E) No tariff of an electric utility shall incorporate exculpatory clauses that purport to limit or eliminate liability on the part of the electric utility to its customers or others as a result of its own negligence when providing a regulated service.

Last updated April 8, 2024 at 8:29 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-03 Records.

(A) Retention of records

(1) Unless otherwise specified in this chapter or in paragraph (A)(2) of this rule, the regulations governing the retention and preservation of electric utility records are set forth in the appendix to rule 4901:1-9-06 of the Administrative Code.

(2) Unless otherwise specified in this chapter, each electric utility shall maintain, for three years, records that are sufficient to demonstrate compliance with the rules of this chapter. Failure to retain records, as required by this rule, sufficient to demonstrate compliance with the rules of this chapter shall give rise to a rebuttable presumption to the contrary.

(3) If compliance with any rule in this chapter is determined on the basis of activities (such as inspection, testing, or maintenance) occurring over a period of two years or more, then the three-year record retention requirement shall be increased by the total number of years over which such activities are required to occur and shall apply to the compilation of records comprised of the activities required during the stated period.

(B) Access to records

(1) Each electric utility shall provide access to its records maintained in accordance with paragraph (A) of this rule to the staff upon request of the staff.

(2) Access to records and business activities includes such records and activities as would allow the staff to adequately monitor Ohio-specific customer calls made to the electric utility call center or a third party vendor hired by the electric utility.

(3) Access includes the ability of staff to adequately monitor the electric utility call center interactions with Ohio customers either at a location in Ohio or in a manner agreed to by the staff, including providing access to staff to monitor customer calls without the customer service representative's knowledge of the monitoring.

Last updated April 8, 2024 at 8:30 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-04 Equipment for voltage measurements and system voltage and frequency requirements.

(A) Portable indicating instruments (e.g., electro-mechanical indicating, electronic indicating, and electronic indicating and recording) used to test or record service voltage at the customer's premises in response to a customer inquiry or complaint shall be checked for accuracy against a recognized standard. For transmission facilities within the commission's jurisdiction, the voltage measuring equipment accuracy and testing requirements shall comply with the requirements of the transmission system operator. Accuracy checks shall be conducted as recommended by the manufacturer or once per calendar year if no period is specified. The most recent accuracy test record shall be kept with each such instrument, or at a central location for the electric utility and/or transmission owner.

(B) Electric utilities and transmission owners shall comply with the following requirements regarding standard voltage:

(1) Each electric utility and transmission owner supplying electrical energy for general use shall adopt nominal service voltages to be supplied to its customers and shall make every reasonable effort, by the use of proper equipment and operation, to maintain the service voltages to its customers within the limits as defined within this rule.

(2) Each electric utility shall file with the commission, as part of its tariffs, the nominal service voltage available to customers, including the number of phases and service configurations and the voltage variations for each available service configuration. The nominal service voltage shall be based on the 2016 edition of the "American National Standards Institute" standard C84.1, electric power systems and equipment voltage ratings, or as subsequently amended.

(3) The limits specified within this rule do not apply to voltage excursions.

(4) Each electric utility and transmission owner shall develop procedures to reasonably ensure that the delivered service voltages are within the ranges as specified in paragraph (B)(2) of this rule.

The procedures shall include a description of the electric utility's and transmission owner's practices to assure that service voltages are within acceptable limits and may include the inspections of substation voltage regulation equipment, line voltage regulation equipment (i.e., voltage regulators and capacitors), available substation voltage monitoring equipment and other field investigations and system voltage studies.

(C) Whenever an electric utility and/or transmission owner knows that voltage levels exist outside of the voltage ranges as specified in paragraph (B)(2) of this rule, the electric utility shall, in a nondiscriminatory manner, promptly take steps to investigate and initiate corrective action, if it is within the electric utility's and/or transmission owner's control to restore the voltage levels to within acceptable limits. The electric utility and/or transmission owner shall document the specifics of the investigation, its findings, and any corrective action that was necessary.

(D) The voltage requirements outlined in this rule may be amended or modified by contractual agreement between the electric utility and/or transmission owner and its customer(s), provided the service rendered does not impact other customers on the system.

(E) The electric utility is not responsible for installing regulating apparatus for special equipment requiring voltage regulation other than those prescribed by these rules or as defined in the electric utility's tariffs.

Each electric utility supplying alternating current shall adopt a standard frequency of sixty hertz, which standard frequency shall be stated in the electric utility's tariff.

Last updated November 1, 2021 at 1:36 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-05 Metering.

(A) Electric energy delivered to the customer shall be metered, except where it is impractical to meter the electric usage, such as in street lighting and temporary or special installations. The usage in such exceptions may be calculated or billed on a demand or connected load rate as provided in an approved tariff on file with the commission.

(B) A customer's electric usage shall be metered by commercially acceptable measuring devices that comply with "American National Standards Institute" (ANSI) standards. Meter accuracy shall comply with the 2014 version of ANSI C12.1 standards.

(C) Electric utility employees or authorized agents of the electric utility shall have the right of access to the electric utility's metering equipment for the purpose of reading, replacing, repairing, or testing the meter, or determining that the installation of the metering equipment is in compliance with the electric utility's requirements, or other such purposes necessary to permit the electric utility to carry out its authorized functions.

(D) Meters that are not direct reading meters, such as meters with a multiplier not equal to 1.0, shall have the multiplier plainly marked on or adjacent to the meter. All charts taken from recording meters shall be marked with the date of the record, the meter number, the customer name, and the chart multiplier. The register ratio shall be marked on all meter registers. The watt-hour constant for the meter shall be placed on all watt-hour meters.

(E) The electric utility's meters shall be installed and removed by the electric utility's personnel or authorized agent. Before initial service to a service location is energized, the electric utility shall verify that the installation of the meter base and associated equipment has been both inspected and approved by the local inspection authority or, in any area where there is no local inspection authority, has been inspected by a licensed electrician.

(F) Metering accuracy shall be the responsibility of the electric utility.

(1) Upon request by a customer, the electric utility shall test its meter to verify its compliance with the ANSI C12.1 standards within thirty business days after the date of the request.

(2) The customer or the customer's representative may be present when the meter test is performed at the customer's request.

(3) A written explanation of the test results shall be provided to the customer within ten business days of the completed test.

(4) If the accuracy of the meter is found to be within the tolerances specified in this rule:

(a) The first test at the customer's request shall be free of charge.

(b) The electric utility may charge the customer an approved tariffed fee for each succeeding test conducted less than thirty-six months after the last test requested by the customer on the same meter. Each electric utility shall notify the customer of such charge prior to the test.

(5) If the accuracy of the meter is found to be outside the tolerances specified in this rule and such inaccuracy is not caused by tampering or unauthorized reconnection, the electric utility:

(a) Shall not charge a fee or recover any testing expenses from the customer.

(b) Shall recalibrate the meter or provide a properly functioning meter that complies with the ANSI C12.1 standards without charge to the customer.

(c) Shall, within thirty days, pay or credit any overpayment to the customer, in accordance with one of the following billing adjustments:

(i) When the electric utility or customer has established the period of meter inaccuracy, the overcharge shall be computed on the basis of metered usage prior and/or subsequent to such period, consistent with the rates in effect during that period.

(ii) When the electric utility and customer cannot establish the period of meter inaccuracy, the overcharge period shall be determined to be: the period since the customer's "on" date or the period since the date of most recent meter test performed, whichever is shorter. The applicable rates shall be those in effect during the period of inaccuracy in order to determine the appropriate credit or refund.

(d) Any undercharge shall be billed in accordance with rule 4901:1-10-23 of the Administrative Code.

(G) Each electric utility shall identify, by company name and/or parent trademark name and serial or assigned meter numbers and/or letters, placed in a conspicuous position on the meter, each customer meter that it owns, operates, or maintains.

(H) Each electric utility shall maintain the following records regarding each meter that it owns, operates, or maintains, for the life of each such meter plus three years:

(1) Serial or assigned meter number.

(2) Every location where the meter has been installed and removed, together with the dates of such installations and removals.

(3) Date of any customer request for a test of the meter.

(4) Date and reason for any test of the meter.

(5) Result of any test of the meter.

(6) Meter readings before and after each test of the meter.

(7) Accuracy of the meter found during each test, "as found" and "as left".

(I) Each electric utility shall comply with the following requirements regarding meter reading:

(1) The electric utility shall obtain actual readings of all its in-service customer meters at least quarterly each calendar year, unless a customer, consumer, property owner, landlord, or his/her agent prevents utility company personnel from reading the meter during that time period. Every billing period, the electric utility shall make reasonable attempts to obtain accurate, actual readings of the energy and demand, if applicable, delivered for the billing period, except where the customer and the electric utility have agreed to other arrangements. Meter readings taken by electronic means shall be considered actual readings.

(2) In addition to the requirements of paragraph (I)(1) of this rule, the electric utility shall provide, upon the customer's request, two actual meter readings, without charge, per calendar year. The customer may only request an actual meter read if usage has been estimated for more than two of the immediately preceding billing cycles consecutively or if the customer has reasonable grounds to believe that the meter is malfunctioning.

(3) An actual meter reading is required at the initiation and/or the termination of service, if the meter has not been read within the sixty calendar days immediately preceding initiation and/or termination of service and access to the meter is provided.

(4) If the meter has most recently been read within the thirty-three to fifty-nine calendar days immediately preceding the initiation and/or termination of service, the electric utility shall inform the customer, when the customer contacts the electric utility, of the option to have an actual meter read at no charge to the customer.

(5) If the meter has been read within the thirty-two calendar days immediately preceding the initiation and/or termination of service, the electric utility may estimate usage.

(J) Advanced meter opt-out service

(1) An electric utility shall provide customers with the option to remove an installed advanced meter and replace it with a traditional meter, or in the event that an advanced meter has not been installed, the option to decline installation of an advanced meter and retain a traditional meter, including a cost-based, tariffed opt-out service.

(2) Prior to installation of an advanced meter, the utility shall give notice to the customer at least one business day in advance.

(3) The electric utility shall notify the customer of the following if a customer expresses interest in using a traditional meter:

(a) The customer will be required to pay the amount of the approved tariff charge.

(b) The electric utility shall explain the facts concerning advanced meters and attempt to address any customer concerns prior to signing up a customer for advanced meter opt-out service. To the extent that the electric utility offers multiple options for the customer to obtain or retain either an advanced meter or a traditional meter, the utility shall explain each option and the associated costs and give the customer choice over the option selection.

(c) If the customer is currently enrolled in a product or service requiring an advanced meter as a condition of enrollment with the electric utility, the electric utility shall notify the customer that a different product or service must be chosen prior to installation of the traditional meter.

(4) The electric utility shall have the right to refuse to provide advanced meter opt-out service in either of the following circumstances:

(a) If such a service creates a safety hazard to consumers or their premises, the public, or the electric utility's personnel or facilities.

(b) If a customer does not allow the electric utility's employees or agents access to the meter at the customer's premises.

(5) Tariffs

(a) Each electric utility shall have on file with the commission an approved tariff offering residential customers the option to remove an installed advanced meter and replace it with a traditional meter, and the option to decline the installation of an advanced meter and retain a traditional meter. Such tariff shall comply with the following requirements:

(i) In the event special tariff provisions are required due to circumstances not addressed in this rule, the electric utility shall address those circumstances in its tariff application, but shall make its best efforts to maintain consistency with the rules herein.

(ii) The tariff shall not be available to any customer taking generation service under a time differentiated rate. An electric utility may establish certain fees for electing not to use an advanced meter. Such fees shall be calculated based upon the costs incurred to provide advanced meter opt-out service as allowed by this rule.

(b) An electric utility may establish a one-time fee to recover the costs of removing an existing advanced meter, and the subsequent installation of a traditional meter.

(c) An electric utility may establish a recurring fee to recover costs associated with providing meter reading and billing services associated with the use of a traditional meter.

(d) Costs incurred by an electric utility to provide advanced meter opt-out service shall be borne only by customers who elect to receive advanced meter opt-out service.

Last updated April 8, 2024 at 8:30 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-06 "National Electrical Safety Code".

Each electric utility and transmission owner shall comply with the 2017 edition of the "American National Standard Institute's," "National Electrical Safety Code" approved by the "American National Standards Institute" and adopted by the "Institute of Electric and Electronics Engineers."

Last updated November 1, 2021 at 1:36 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-07 Outage and accident reports.

(A) As used in this rule, "outage" means an interruption of service to:

(1) One thousand, two hundred fifty customers in an area for a projected or actual period of two hours or more.

(2) Six hundred twenty-five customers in an area for a projected or actual period of eight hours or more.

(3) One hundred or more customers in an area for a projected or actual period of twenty-four hours or more.

(4) A facility of any telephone company, electric light company, natural gas company, water-works company, or a sewage disposal system company, as defined in section 4905.03 of the Revised Code and including a company that is operated not-for-profit, or owned or operated by a municipal corporation, when an interruption to that facility for a projected period of four hours or more, affects or will affect public safety.

(5) Any police department, fire department, hospital, or countywide 9-1-1 system, for a projected period of four hours or more.

As used in this paragraph, "area" means the electric utility's certified territory within a county or all adjoining municipalities and townships in an electric utility's certified territory.

(B) Each electric utility shall immediately report each outage to the commission's outage coordinator in a format prescribed by the outage coordinator.

(C) Each electric utility shall immediately notify the director of the service monitoring and enforcement department, or his or her designee, of any accidents within thirty minutes after discovery unless notification within that time is impracticable under the circumstances. As used in this rule, an "accident" is any event involving contact with energized utility electric lines or facilities which results in a death or an injury requiring hospitalization.

Last updated November 1, 2021 at 1:36 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-08 Electric utility emergency plans and coordination for restoration of electric service.

(A) Each electric utility shall maintain an emergency plan(s) in accordance with this rule. Each emergency plan shall include at least the following elements:

(1) A table of contents.

(2) A description of procedures the electric utility uses to move from its normal operations to each stage or level of outage response and restoration of services.

(3) A description of the electric utility's requirements for restoring service. In the event of an interruption of electric service during a period of emergency or disaster, an electric utility's service restoration plan shall give priority to hospitals that are customers of the electric utility.

(4) Identification and annual updates of all of the electric utility's critical facilities, as defined by the electric utility, and reasonable measures to protect its personnel and facilities.

(5) Contingency identification, i.e., a plan for training alternative or backup employees.

(6) A list of twenty-four hour phone numbers of fire and police departments and county/regional emergency management directors in its service area.

(7) Procedures for requesting aid and utilizing crews from other electric transmission owners and/or distribution utilities.

(8) Procedures for prompt identification of outage areas, timely assessment of damage, and provision of time necessary for restoral of service.

(9) The procedures for outage response and restoration of service by priority and a list of such priorities, including the following:

(a) "Live wire down" situations.

(b) Restoring service to the facilities designated in paragraph (A)(3) of rule 4901:1-10-07 of the Administrative Code, and the entities specified in paragraph (A)(4) of rule 4901:1-10-07 of the Administrative Code.

(10) The procedures for providing outage response and restoration of service updates.

(11) The procedures to verify that service has been restored in each outage area.

(12) The procedures for providing maximum outage response, seeking outside assistance, and restoring service in a worst case outage scenario, i.e., "a major event."

(13) The procedures to provide supervisors who are responsible for emergency response a copy of the latest edition of the emergency plan.

(14) The procedures to:

(a) Establish and maintain a liaison with appropriate fire and police departments within the electric utility's service territory.

(b) Identify major interruptions of service during which the electric utility will notify appropriate fire departments, police departments, and public officials regarding such interruptions.

(c) Determine appropriate mutual assistance and communication methodologies that will be used during major restoration efforts.

(15) In addition to any North American electric reliability corporation guidelines or standards, a continuity of operations plan to ensure continuance of minimum essential functions during events that cause staffing to be reduced. The continuity of operations plan shall, at a minimum, include:

(a) Plan activation triggers such as the world health organization's pandemic phase alert levels, widespread transmission within the United States, or a case at one or more locations within the state of Ohio.

(b) Identification of a pandemic coordinator and team with defined roles and responsibilities for preparedness and response planning.

(d) Identification of essential employees and critical inputs (e.g., raw materials, equipment, suppliers, subcontractor services/products, and logistics) required to maintain business operations.

(e) Procedures to address personal protection initiatives.

(f) Procedures to maintain lines of communication with the commission during a declared emergency.

(16) Procedures for conducting an after-action assessment following activation of the emergency plan. An after-action assessment shall be prepared and shall include lessons learned, deficiencies in the response to the emergency, deficiencies in the emergency plan, and actions to be taken to correct said deficiencies.

(B) Each electric utility shall make its emergency plan and amendments available for review by the commission's outage coordinator. In the emergency plan made available to the commission's outage coordinator, the electric utility may redact the following confidential information:

(1) The electric utility's internal phone numbers.

(2) The list of specific critical facilities.

(3) Names, home addresses, and home phone numbers of electric utility employees, other than employee information required for the annual emergency contact report pursuant to paragraph (G)(1)(a) of this rule.

(4) Security and personal information and numbers (e.g., lock combination, computer access codes, cipher locks, and security codes).

(5) Identification of the electric utility's radio and dispatch channels.

(6) Identification of the radio and dispatch channels and telephone numbers of the following:

(a) Fire department.

(b) Police department.

(d) Government and public officials.

(7) Similar information approved by the commission's outage coordinator.

(D) Each electric utility shall review employee activities to determine whether its procedures in the emergency plan, as set forth in paragraph (B) of this rule, were effectively followed.

(E) Each electric utility shall establish and maintain procedures to train its operating and emergency response personnel to assure they can implement emergency procedures, as set forth in paragraph (B) of this rule.

(F) Each electric utility shall establish procedures for analyzing failures of equipment and facilities which result in a major interruption of service, for the purpose of determining the causes of the failure and minimizing the possibility of a recurrence. If requested by a hospital that is its customer, an electric utility shall confer at least biennially with that hospital regarding power quality issues and concerns related to the utility's facilities, including voltage sags, spikes, and harmonic disturbances, in an effort to minimize those events or their impact on the hospital.

(G) At the direction of the commission's outage coordinator, each electric utility shall submit:

(1) An emergency contact report which shall contain all of the following information:

(a) The names, position titles, areas of functional responsibility, business addresses, e-mail addresses, business telephone numbers, cellular telephone numbers, and home telephone numbers of at least three individuals who will serve as emergency contacts.

(b) Any available emergency hotline number.

(2) A report confirming that the electric utility has reviewed its emergency plan and, if applicable, has revised and/or updated the plan.,

(3) Either of the following:

(a) If the electric utility has not implemented its emergency plan within the past year, a written statement attesting to that fact.

(b) If the electric utility has implemented part or all of its emergency plan within the past year, a written summary of both of the following:

(i) Any failures of equipment or facilities that were not the result of a major event and that resulted in a major interruption of service and the electric utility implementing its emergency plan.

(ii) The electric utility's efforts to minimize the possibility of a recurrence of such failures.

(H) Each electric utility shall promptly notify the commission's outage coordinator of any change in its emergency contacts.

(I) Each electric utility shall:

(1) Maintain and annually verify and update its list of critical customers.

(2) Provide critical customers, within ten business days after acceptance of their application, with a written statement of their options and responsibilities during outages, i.e., the need for backup generators, an alternative power source, or evacuation to another location.

(3) Annually notify customers of its critical customer program by bill insert or other notice.

(J) Every three years, each electric utility shall conduct a comprehensive emergency exercise to test and evaluate major components of its emergency plan and shall invite a cross-section of necessary stakeholders to the exercise.

(K) When an electric utility has implemented its emergency plan as set forth in paragraph (A) of this rule in response to a major event, natural disaster, or outage, that electric utility may request that the commission waive the testing and evaluation of the emergency plan for the three-year period during which such implementation occurred. To request a waiver, the electric utility must submit a report to the commission's outage coordinator detailing:

(1) Its actions in implementing its emergency plan.

(2) What part of the emergency exercise the implemented plan replaces.

(3) Why the implementation is an appropriate replacement for an emergency exercise of all or a portion of the plan.

(4) The electric utility's interactions with the persons listed in paragraph (J) of this rule.

(5) Whether the implemented plan indicates that the electric utility's response to the emergency was sufficient. If the commission fails to act upon an electric utility's waiver request within sixty calendar days after such request is submitted to the outage coordinator, the waiver request will be deemed to have been granted.

(L) Each electric utility shall coordinate the implementation of its emergency plan, to the extent that such electric utility would rely on or require information or assistance during an emergency, with the following:

(1) Any regional or state entities with authority, ownership, or control over electric transmission lines.

(2) Any generation provider connected to the electric utility's system.

(3) Any other electric utility or transmission owner with facilities connected to the electric utility.

(M) Each electric utility shall coordinate the implementation of its emergency plan with local, state, and regional emergency management organizations.

Last updated April 8, 2024 at 8:30 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-09 Minimum customer service levels.

(A) On a calendar monthly basis, each electric utility shall complete the installation of new service or upgrade of service as follows:

(1) Ninety-nine per cent of new service installations requiring no construction of electric facilities shall:

(a) Be completed within three business days, except for meters that are capable of starting and stopping service remotely, after the electric utility has been notified that the service location is ready for service and all necessary tariff and regulatory requirements have been met.

(b) Be completed by the requested installation date, when an applicant requests an installation date more than three business days after the service location is ready for service and all necessary tariff requirements have been met.

(c) Be completed within one business day after the electric utility has been notified that the service location is ready for service and all necessary tariff and regulatory requirements have been met for meters that are capable of starting and stopping service remotely.

(2) Ninety per cent of service upgrades and new service installations that require construction of electric facilities (including the setting of the meter) and that are not primary line extensions shall:

(a) Be completed within ten business days after the electric utility has been notified that the service location is ready for service and all necessary tariff and regulatory requirements have been met.

(b) Be completed by the requested installation date, when an applicant or customer requests an installation date more than ten business days after the service location is ready for service and all necessary tariff requirements have been met.

(3) If an applicant or customer, complies with all pertinent tariff requirements and the electric utility cannot complete the requested service installation or service upgrade as set forth in paragraph (A)(1)(a), (A)(1)(b), (A)(2)(a), or (A)(2)(b) of this rule, then the electric utility shall promptly notify the applicant or customer of the delay, the reasons for the delay, the steps being taken to complete the work, and the probable completion date. The electric utility shall make a reasonable attempt to provide such notification at least one business day prior to the end of the prescribed time interval. If a rescheduled completion date cannot be met, the applicant or customer shall be promptly notified. If the rescheduled completion date is delayed more than two business days, written notification, including email, shall be given, stating the reason(s) for the delay, the steps being taken to complete the work and the new rescheduled completion date. This notification process shall be repeated as necessary. Each subsequent missed completion date shall count as a missed service installation or upgrade pursuant to paragraph (A)(1) or (A)(2) of this rule.

(B) On a calendar monthly basis, each electric utility's average (arithmetic mean) answer time for telephonic customer service calls shall not exceed ninety seconds. An electric utility shall set its queue to minimize the number of disconnected calls and busy signals.

(1) As used in this paragraph, "answer" means the service representative or automated system is ready to render assistance and/or to accept the information necessary to process the call.

(2) Answer time shall be measured from the first ring at the electric utility or at the point the caller begins to wait in queue, whichever comes first.

(3) When an electric utility utilizes a menu-driven, automated, interactive answering system (referred to as the system), the initial recorded message presented by the system to the caller shall only identify the company and the general options available to the caller, including the option of being transferred to a live attendant.

(4) Callers shall not be delayed from reaching the queue by any promotional or merchandising material not selected by the customer.

(5) When an electric utility is experiencing system related issues or is otherwise unable to accept inbound customer calls, the electric utility shall notify the director of the service monitoring and enforcement department, or his or her designee, of such messaging, and the anticipated timeframe for returning to normal business operations.

(1) When an electric utility fails to meet any minimum service level, as set forth in paragraph (A) or (B) of this rule, for any two months within any twelve-month period, the electric utility shall notify the director of the service monitoring and enforcement department in writing within thirty calendar days after such failure.

(2) By March thirty-first of each year, each electric utility shall submit an annual report to the director of the service monitoring and enforcement department, setting forth its actual monthly customer service performance data during the previous calendar year as compared with each of the minimum monthly customer service performance levels set forth in paragraphs (A) and (B) of this rule.

(3) Performance data during major events, consistent with that reported in accordance with paragraph (C)(2) of rule 4901:1-10-10 of the Administrative Code, may be excluded from the calculations of actual monthly customer service performance pursuant to paragraphs (A) and (B) of this rule.

Last updated April 8, 2024 at 8:30 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-10 Distribution system reliability.

(A) General. This rule prescribes the measurement of each electric utility's service reliability, the development of minimum performance standards for such reliability, and the reporting of performance against the established standards.

(B) Service reliability indices and minimum performance standards.

(1) The service reliability indices are as follows:

"CAIDI," or the customer average interruption duration index, represents the average interruption duration or average time to restore service per interrupted customer. CAIDI is expressed by the following formula:

CAIDI equals sum of customer interruption durations divided by total number of customer interruptions

"SAIFI," or the system average interruption frequency index, represents the average number of interruptions per customer. SAIFI is expressed by the following formula:

SAIFI equals total number of customer interruptions divided by total number of customers served

(2) Each electric utility in this state shall file with the commission an application to establish company-specific minimum reliability performance standards.

(3) Applications for approval of a reliability performance standard shall include:

(a) A proposed methodology for establishing reliability standards.

(b) A proposed company-specific reliability performance standard for each service reliability index based on the proposed methodology.

(4) Supporting justification for the proposed methodology and each resulting performance standard.

(a) Performance standards should reflect historical system performance, system design, technological advancements, service area geography, customer perception survey results as defined in paragraph (B)(4)(b) of this rule, and other relevant factors.

(b) Each electric utility shall periodically (no less than every three years) conduct a customer perception survey. The survey results shall also be used as an input to the methodology for calculating new performance standards. The survey shall be paid for by the electric utility and shall be conducted under staff oversight. The objective of the survey is to measure customer perceptions, including, but not limited to expectations of electric service reliability in terms of the service reliability indices defined in paragraph (B)(1) of this rule.

(c) Performance data during major events and transmission outages shall be excluded from the calculation of the indices, proposed standards, and any revised performance standards, as set forth in paragraph (B) of this rule.

(5) Unless otherwise ordered by the commission, legal director, deputy legal director, or attorney examiner, the following procedural schedule shall apply:

(a) Upon the filing of an application, the commission, legal director, deputy legal director, or an attorney examiner will schedule a technical conference. The purpose of the technical conference is to allow interested persons an opportunity to better understand the electric utility's application. The electric utility will have the necessary personnel in attendance at this conference so as to explain, among other things, the filing, the work papers and the manner in which methodologies and resulting performance standards were devised. The conference will be held at the commission offices.

(b) Within twenty calendar days after the technical conference, any person may file comments.

(d) Within fifty calendar days after the technical conference, any person may file a response to the comments.

(e) If the commission schedules a hearing, interested persons wishing to participate in the hearing may file a motion to intervene no later than thirty calendar days after the issuance of the entry scheduling the hearing, unless ordered otherwise by the commission, legal director, deputy legal director, or attorney examiner. This rule does not prohibit the filing of a motion to intervene and conducting discovery prior to the issuance of an entry scheduling a hearing.

(6) An electric utility may request to revise its authorized performance standards by filing its revisions and supporting justification for such revisions with the commission for approval pursuant to paragraph (B)(6) of this rule, unless otherwise ordered by the commission, legal director, deputy legal director, or attorney examiner.

(7) The authorized performance standards approved for an electric utility shall remain in place until superseded by revised standards as approved by the commission.

(C) Annual report. Each electric utility shall file with the commission an annual report by March thirty-first of each year. That annual report shall include the following information regarding the previous calendar year:

(1) Annual performance and supporting data for each service reliability index set forth in paragraph (B) of this rule both with and without exclusions for major events and transmission outages. Supporting data includes, for example, the number of customers served, the number of customer interruptions, the number of customer minutes interrupted, SAIFI data for a major event, CAIDI data for a major event, information concerning a transmission interruption, and a listing of distribution circuits interrupted during a transmission interruption.

(2) Performance on the same indices during major events and transmission outages, reported in separate categories with their respective supporting data.

(3) Data for the total number of sustained outages, customers interrupted, and customer minutes interrupted for each outage cause code, all of which shall be reported in the following versions:

(a) Data excluding major events and transmission outages.

(b) Data for major events only.

(4) Each electric utility shall file the annual report required by paragraph (C) of this rule in an electronic form prescribed by the commission or its staff.

(D) If the annual performance of an electric utility does not meet the electric utility's performance standard for any index, the electric utility shall file with the commission an action plan, by March thirty-first of the year following the year when the standard was missed.

The action plan shall include the following:

(1) Factors which contributed to the actual performance level for that index.

(2) A proposal for improving performance to a level that meets or exceeds the performance standards authorized for each missed reliability index, including each action taken or planned to be taken, and the anticipated completion date.

(E) Failure to meet the same performance standard for two consecutive years shall constitute a violation of this rule.

Last updated April 8, 2024 at 8:31 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-11 Distribution circuit performance.

(A) General. This rule sets forth a method for determining the performance of each electric utility's distribution circuits.

(B) Circuit performance methodology. The following provisions apply to the determination of the appropriate method for calculating circuit performance.

(1) Circuit performance data during major events and transmission outages shall be excluded from the calculation of circuit performance.

(2) Each electric utility shall submit, for review and acceptance by the director of the service monitoring and enforcement department, a method to calculate circuit performance, based on the service reliability indices defined in paragraph (B)(1) of rule 4901:1-10-10 of the Administrative Code and other factors proposed by the electric utility, and supporting justification for that method. An electric utility may revise the method it uses for calculating circuit performance (starting with the next succeeding reporting period) by submitting such revisions and supporting justification for such revisions to the director of the service monitoring and enforcement department for review and acceptance.

(3) If the electric utility and the director of the service monitoring and enforcement department cannot agree on the method to calculate circuit performance, then the director of the service monitoring and enforcement department shall issue a letter rejecting the proposal within forty-five calendar days of its submittal. The electric utility or the director may request a hearing to establish the appropriate calculation methodology. At such hearing, the electric utility has the burden of proof to show that the calculation methodology is just and reasonable.

(4) No proposal shall be effective until it is either accepted by the director or, in the event of a hearing, approved by the commission.

(C) Worst performing circuits. The following provisions apply to the reporting of each electric utility's eight per cent worst performing circuits:

(1) Each electric utility shall submit, no later than ninety calendar days after the end of its reporting period, a report to the director of the service monitoring and enforcement department that identifies the worst performing eight per cent of the electric utility's distribution circuits during the previous twelve-month reporting period.

(2) Unless otherwise approved by the commission, each electric utility's reporting period for purposes of paragraph (C) of this rule shall begin on September first of each year and shall end on August thirty-first of the subsequent year.

(3) The report prescribed by paragraph (C) of this rule shall provide the following information for each reported distribution circuit:

(a) The circuit identification number.

(b) The location of the primary area served by the circuit.

(d) The circuit ranking value.

(e) The values and supporting data for each circuit's service reliability indices for the reporting period:

(i) System average interruption frequency index (SAIFI) determined according to paragraph (B)(1) of rule 4901:1-10-10 of the Administrative Code.

(ii) Customer average interruption duration index (CAIDI) determined according to paragraph (B)(1) of rule 4901:1-10-10 of the Administrative Code.

(iii) System average interruption duration index calculated by multiplying the SAIFI times the CAIDI.

(f) The number of safety and reliability complaints, based on the definition of complaint pursuant to paragraph (A) of rule 4901:1-10-21 of the Administrative Code.

(g) The number of critical customers on the circuit.

(h) An identification of each circuit lockout that occurred during the reporting period, together with an explanation of the cause and duration of each such circuit lockout.

(i) The total number of outages experienced during the reporting period for each such outage.

(ii) The total number of out-of-service minutes experienced during the reporting period for each such outage.

(i) An identification of any major factors or events that specifically caused the circuit to be reported among the worst performing circuits and, if applicable, the analysis performed to determine those major factors.

(j) An action plan, including the start and completion dates of all remedial action taken or planned, to improve circuit performance to a level that removes the circuit from the report submitted pursuant to paragraph (C) of this rule within the next two reporting periods. If the electric utility does not believe remedial action is necessary, then the electric utility must state the rationale for not taking any remedial action.

(D) If the director of the service monitoring and enforcement department believes that an action plan submitted pursuant to paragraph (C)(3)(l) of this rule is insufficient or unreasonable, the director shall provide written notice to the electric utility within forty-five calendar days of the submittal, otherwise the report is deemed approved. Should no agreement be reached between the electric utility and the director of the service monitoring and enforcement department on a modified action plan, within thirty calendar days following the rejection of the action plan, the electric utility shall apply to the commission for a hearing. At such hearing, the burden of proof to show that the modified action plan is just and reasonable shall be upon the electric utility.

(E) Each electric utility shall submit the reports required by this rule, on electronic media, in a format prescribed by the commission or its staff.

(F) Electric utilities shall take sufficient remedial action to make sure that no circuit is listed on three consecutive reports. The inclusion of a given circuit in the report under paragraph (C) of this rule for three consecutive reporting periods shall create a rebuttable presumption of a violation of this rule.

Last updated April 8, 2024 at 8:31 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-12 Provision of customer rights and obligations.

Each electric utility shall provide to new customers, upon application for service, and existing customers upon request, a written summary of their rights and obligations under this chapter. This written summary shall also be prominently posted on the electric utility's website. For purposes of this rule "new customer" means a customer who opens a new account and has not received the latest version of the customer rights summary. The summary shall include, but not be limited to, the following:

(A) The electric utility and commission procedures for complaints, which shall include:

(1) How complaints are made to the electric utility, including a local or toll free number, an address and a website, if applicable.

(2) A statement that:

"If your complaint is not resolved after you have called (your electric utility), or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service)."

(B) Customer rights and responsibilities, which shall include:

(1) A list of customer rights and obligations relating to installation of service, payment of bills, disconnection and reconnection of service, and meter testing.

(2) Information detailing the customer's responsibility to notify the electric utility of material changes in the customer's equipment or usage within the time reasonably necessary to permit the electric utility to provide necessary facilities and acquire additional power supply, if needed.

(3) A description of the following customer rights:

(a) The circumstances under which the electric utility may demand and/or hold security deposits.

(b) The circumstances under which customers may obtain deferred payment plans and low-income assistance plans, and information concerning those plans.

(4) The toll-free telephone number(s) for the "one-call" or "call-before-you-dig" protection service(s) to locate underground utility facilities.

(5) An explanation of what each applicant must do to receive service from that electric utility.

(6) Information explaining when a customer will be charged for the cost of modifying service, installing a meter, and/or providing facilities necessary to serve that customer.

(C) A statement notifying customers that, when electric utility employee(s) or agent(s) seek access to the customer's and/or landlord's premises, the customer or landlord may request the employee/agent to show photo identification and to state the reason for the visit.

(D) A statement concerning the availability of rate information, which shall include:

(1) A statement that the electric utility's rates and tariffs are available for review on the electric utility's website, and on the commission's website, or the customer can request a copy be sent to them.

(2) A statement that, upon inquiry, the electric utility will inform customers about alternative rates and service options and how to obtain details about the programs.

(E) A statement that customers may review a copy of the electric service and safety standards on the commission's website or obtain a copy from the commission upon request.

(F) Information on privacy rights.

(G) A statement that customers have the right to obtain, from their electric utility, a list of available CRES providers, that are actively seeking residential customers in its service territory and their phone numbers.

(H) A statement that customers returning to the electric utility's standard offer service due to default, abandonment, slamming, or certification rescission of a CRES provider will not be liable for any costs associated with the switch.

(I) Information concerning notice of a change in the customer's supplier of electric service.

(1) A statement that, if a change in a residential or small commercial customer's electric services company is initiated, the electric utility is required to send the customer a notice confirming the change.

(2) A statement that the customer has a right to cancel any change in its supplier of electric service within seven calendar days after the notice has been sent by calling the electric utility at the telephone number on the notice.

(J) Information explaining the procedures customers must follow if they believe their generation and/or transmission service has been switched without their consent.

(K) Information concerning actual meter readings.

(1) A statement that the electric utility is required to obtain an actual meter reading when the customer initiates or terminates electric service with the electric utility, if the meter has not been read within the preceding sixty days.

(2) A statement that, if the meter has not been read within the preceding thirty-three to fifty-nine days, the electric utility is required to inform the customer, when the customer contacts the electric utility to initiate or terminate service, of the option to have an actual meter read, at no charge.

(3) A statement that the customer may request two actual meter reads per calendar year, at no charge, if the customer's usage has been estimated for more than two of the consecutively preceding billing cycles or if the customer has reasonable grounds to believe that the meter is malfunctioning.

(L) A statement that customers have the right to obtain the approximate generation resource mix and environmental characteristics in accordance with rule 4901:1-10-31 of the Administrative Code. The statement shall include a notification that customers shall be provided a link to the EDU's website or the commission's environmental disclosure information for consumers' website containing the information, or at the request of the customer, a hardcopy of the data at no cost to the customer.

Last updated April 8, 2024 at 8:31 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-13 Employee identification.

Any electric utility employee or agent seeking access to the customer's or landlord's premises shall identify himself/herself by displaying company photo identification and, upon request, state the reason for the visit.

Last updated February 28, 2023 at 9:26 AM

History

Effective: June 29, 2009
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-14 Establishment of credit for nonresidential applicants and customers.

(A) Each electric utility shall establish written procedures to determine creditworthiness of nonresidential applicants and customers for service based solely on the customer's or applicant's creditworthiness.

(B) Upon request, each electric utility shall provide applicants/customers with the following information:

(1) Their credit history with that company.

(2) A copy of this rule, the commission's website and the toll-free and TTY numbers of the commission's call center.

(1) The electric utility verifies that the applicant is a creditworthy property owner or verifies the applicant's creditworthiness in accordance with legally accepted practices to verify credit.

(a) The company may request the applicant's social security or tax identification number in order to obtain credit information and to establish identity, however if the applicant elects not to provide his/her social security number or tax identification number, the utility company may not refuse to provide service.

(b) If the applicant declines the utility company's request for a social security or tax identification number, the utility company shall inform the applicant of other options for establishing creditworthiness.

(2) The applicant had a prior account with an electric utility for the same class of service within two years before the date of application, and the applicant provides proof of the prior account, unless during the final year of prior service one of the following occurred:

(a) The company disconnected applicant for nonpayment.

(b) The applicant failed to pay its bill by the due date at least two times.

(3) The applicant furnishes a reasonably safe guarantor, who is a customer of that electric utility, to secure payment of bills in an amount sufficient for a sixty-day supply for the service requested.

(4) The applicant makes a cash deposit as set forth in this rule.

(D) Unless otherwise provided in paragraph (G) of this rule, when an electric utility fails to demand security within thirty calendar days after initiation of service, it may not require security for that service.

(E) Deposit to establish tariffed service; review of deposit upon customer request.

(1) An electric utility may require an applicant who fails to establish creditworthiness to make a deposit, not to exceed one hundred thirty per cent of the estimated annual average monthly bill for the customer's tariffed service for the ensuing twelve months.

(2) Upon the customer's request, the amount of the deposit paid is subject to adjustment, when the deposit paid differs by twenty per cent or more from the deposit which would have been required, based upon actual usage for three consecutive billing periods while taking into account seasonal variations in usage.

(F) Each electric utility which requires a cash deposit shall communicate to the applicant/customer:

(1) The reason(s) for its decision.

(2) Options available to establish credit (including a guarantor to secure payment).

(3) The applicant/customer's right to contest the electric utility's decision and to demonstrate creditworthiness.

(4) The applicant/customer may appeal the electric utility's decision to the staff.

(5) The commission's website and the toll-free and TTY telephone numbers of the commission's call center.

Upon request of the applicant/customer, the information in this rule shall be provided in writing.

(G) Deposit to reestablish creditworthiness for tariffed service.

(1) An electric utility may require a customer to make a deposit, not to exceed one hundred thirty per cent of the estimated annual average monthly bill for the customer's tariffed service for the ensuing twelve months, on an existing account, as set forth in this rule, to reestablish creditworthiness for tariffed service based on the customer's credit history on that account with that electric utility.

(2) A deposit may be required if the customer meets one of the following criteria:

(a) After considering the totality of the customer's circumstances, a utility company may require a deposit if the customer has not made full payment or payment arrangements for any given bill containing a previous balance for regulated service provided by that utility company.

(b) The customer has had service disconnected for nonpayment, a fraudulent practice, tampering, or unauthorized reconnection during the preceding twelve months.

(H) Upon acceptance of a deposit, each electric utility shall furnish a receipt to the applicant or customer which shows:

(1) The name of the applicant.

(2) The address of the premises currently served or to be served.

(3) The billing address for service.

(4) The amount of the deposit.

(5) A statement as to the interest rate to be paid and the length of time the deposit must be held to qualify for interest.

(6) The conditions for refunding the deposit.

(I) Each electric utility shall:

(1) Review each nonresidential account after the first two years of service, and then annually thereafter, for which a deposit is being held, and shall promptly refund the deposit or credit the nonresidential customer's account, plus interest accrued, if during the preceding twenty-four months, or during the preceding twelve months for annual reviews, all of the following are true:

(a) The customer's service was not disconnected for nonpayment, a fraudulent practice, tampering, or unauthorized reconnection.

(b) The customer had not more than three past due bills.

(2) Upon customer request, but not more than annually, review each nonresidential account after the first two years of service for which a deposit is being held, and shall promptly refund the deposit or credit the customer's account, plus interest accrued, if, with regard to the preceding twelve months, all of the following are true:

(a) The customer's service was not disconnected for nonpayment, a fraudulent practice, tampering, or unauthorized reconnection.

(b) The customer had not more than two past due bills.

(J) Each electric utility shall pay interest on a deposit of not less than three per cent per annum, provided the company has held the deposit for at least six consecutive months.

(K) When service is terminated or disconnected, each electric utility shall promptly:

(1) Apply the deposit and interest accrued to the final bill for service.

(2) Refund any amount in excess of the final bill to the customer, unless the amount of the refund is less than one dollar.

A transfer of service from one premise to another premise within the electric utility's certified territory or service area shall not be deemed a disconnection under this paragraph.

(L) Deposits for customers leaving bundled or standard offer services.

When a customer who has previously paid a deposit to the electric utility switches to a competitive retail electric service provider and is no longer served under an electric utility's bundled service or standard offer service, the electric utility shall apply the electric utility's generation service portion of the deposit and the accrued interest to the amounts due and payable on the next bill and refund any amount remaining to the customer, unless the amount of the refund is less than one dollar.

(M) Each electric utility shall retain records of customer deposits for at least one year after the deposit, including interest, is returned and/or applied to the customer's bill.

Last updated April 8, 2024 at 8:31 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-15 Reasons for denial or disconnection of nonresidential service.

Each electric utility may refuse or disconnect service to nonresidential customers for only the following reasons:

(A) When the customer violates or fails to comply with an applicable electric utility contract or tariff(s).

(B) When electric utility service to a customer violates any law of this state or any political subdivision thereof, or any federal law or regulation.

(C) When a consumer tampers with electric utility property or engages in a fraudulent practice to obtain service, as set forth in rule 4901:1-10-20 of the Administrative Code.

(D) For using electricity or equipment which adversely affects electric utility service to other customers, e.g., voltage fluctuations, power surges, and interruptions of service.

(E) When a safety hazard to consumers or their premises, the public, or to the electric utility's personnel or facilities exists.

(F) When the customer, landlord of the tenant/customer, or tenant leasing the landlord/customer's premises refuses access to electric utility facilities or equipment on the customer's property or property leased by the customer.

(G) For nonpayment of electric utility bills and any tariffed charges, including security deposits and amounts not in bona fide dispute. Where the customer has registered a complaint with the commission's call center or filed a formal complaint with the commission which reasonably asserts a bona fide dispute, the electric utility shall not disconnect service if the customer pays either the undisputed portion of the bill or the amount paid for the same billing period in the previous year.

(H) When the customer has moved from the service location and no new applicant is on record.

(I) For repairs, provided that the electric utility has notified customers prior to scheduled maintenance interruptions in excess of six hours.

(J) Upon the customer's request.

(K) When a former customer, whose account with that electric utility is in arrears for service furnished at the premises, consumes service at, or has requested service for, such premises.

(L) When an emergency may threaten the health or safety of a person, a surrounding area, or the operation of the electric utility's electrical system.

(M) For other good cause shown.

Last updated November 1, 2021 at 1:36 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-16 Notice of disconnection of nonresidential service.

(A) Except as otherwise provided by contract approved by the commission pursuant to section 4905.31 of the Revised Code, each electric utility shall provide the nonresidential customer with written notice of pending disconnection, when either of the following conditions exists:

(1) Violation of or noncompliance with the contract or electric utility's tariff(s) which applies to customer service, other than nonpayment of bills (which is addressed in rule 4901:1-10-17 of the Administrative Code).

(2) The customer refuses access to electric utility facilities or equipment on the customer's property or property leased by the customer.

The notice shall set forth the earliest date on which service may be disconnected, which date shall not be less than five calendar days after the postmark date on the notice.

(B) Prior notice from the electric utility is not required when any one or more of the following conditions exists:

(1) When an emergency may threaten the health or safety of a person, a surrounding area, or the operation of the electric utility's electrical system.

(2) When a safety hazard to consumers or their premises, the public, or the electric utility's personnel or facilities exists.

(3) When a consumer tampers with the electric utility's property.

Last updated February 28, 2023 at 9:26 AM

History

Effective: June 29, 2009
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-17 Payment schedule and disconnection procedures for nonpayment by nonresidential customers.

(A) A nonresidential customer's bill for tariffed services shall not be due earlier than twenty-one calendar days from the date of the postmark on the bill. If the bill is not paid by the due date, it then becomes past due.

(B) The utility may disconnect service, after at least five days notice, during normal business hours. However, no disconnection for nonpayment shall be made after twelve-thirty p.m. on the day preceding a day on which all services necessary for the customer to arrange and the utility company to perform reconnection are not regularly performed.

(C) Except as otherwise provided by contract approved by the commission pursuant to section 4905.31 of the Revised Code, each electric utility shall provide the nonresidential customer with a written notice of pending disconnection for non-payment of tariffed service with a postmark not less than five calendar days before service is disconnected.

(D) The disconnection notice shall clearly display each of the following items:

(1) The delinquent billing account number, total amount past due, reconnection charge, and any security deposit owed.

(2) The earliest date when disconnection may occur.

(3) The address and phone number of the electric utility's office for customers to contact about their accounts.

(4) A statement that the staff is available to render assistance with unresolved complaints, and the commission's current address, toll-free and TTY numbers of the commission's call center, and the commission's website.

(5) A statement that the customer's failure to pay the amount required at the electric utility's office or to one of its authorized agents by the date specified in the notice may result in a security deposit and a charge for reconnection.

(6) If any non-tariffed charges appear on the bill, a statement that the nonpayment of non-tariffed charge(s) shall not result in the disconnection of distribution service;

(7) If any charges for competitive retail electric services appear on the bill, a statement that the failure to pay charges for competitive retail electric services may result in loss of those products and services.

(8) If any charges for competitive retail electric services appear on the bill a statement that the failure to pay charges for competitive retail electric service may result in cancellation of the customer's contract with the competitive retail electric service provider, and returning of the customer to the electric utility's standard offer for generation services.

The information required by this paragraph may be included in documents accompanying the disconnection notice.

Last updated April 8, 2024 at 8:31 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-18 Reconnection of nonresidential service.

(A) Unless a nonresidential customer requests the reconnection to occur at a later time in which the utility company regularly performs service reconnections, an electric utility shall reconnect service by the close of the following regular business day after either of the following:

(1) The electric utility receives both of the following:

(a) The full amount in arrears, for which service was disconnected, or the amount in default on an agreed-upon deferred payment plan.

(b) Any security deposit authorized under this chapter and any tariffed reconnection charges.

(2) The customer establishes that the conditions which warranted disconnection of service have been eliminated.

(B) Before service is reconnected under this rule, no electric utility may request or require a nonresidential customer to pay any of the following to have service reconnected:

(1) Any amount owed but not yet past due.

(2) When the customer has multiple accounts in the same customer class, any amount owed on those other billing accounts.

Last updated November 1, 2021 at 1:36 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-19 Delinquent residential bills.

In addition to the requirements of Chapter 4901:1-18 of the Administrative Code, no electric utility may disconnect service to a residential customer when:

(A) That customer fails to pay any charge for a non-tariffed service, including competitive retail electric service (CRES).

(B) Any authorized agent or CRES provider providing billing and collection services for the electric utility fails to submit payment for the customer's tariffed distribution and/or transmission service(s) rendered by that electric utility.

(C) The customer fails to pay any amount in bona fide dispute. Where the customer has registered a complaint with the commission's call center or filed a formal complaint with the commission which reasonably asserts a bona fide dispute, the electric utility cannot disconnect service when the customer pays either the undisputed portion of the bill or the amount paid for the same billing period in the previous year.

(D) The electric utility issues a disconnection notice which fails to separate regulated from non-tariffed charges, including CRES charges.

(E) The electric utility fails to include on the disconnection notice a statement that:

(1) Failure to pay charges for non-tariffed products or services may result in loss of those products or services.

(2) Failure to pay charges for CRES may result in cancellation of the customer's CRES contract by the CRES provider, and return to the electric utility's standard-offer generation service. This provision is applicable only on accounts issued a consolidated bill for electric services.

Last updated November 1, 2021 at 1:36 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-20 Fraudulent act, tampering, and theft of service.

(A) Disconnection of service for tampering or unauthorized reconnection.

(1) An electric utility may disconnect service for safety reasons without prior notice to a customer in either of the following circumstances:

(a) The electric service meter, metering equipment, or associated property was damaged, interfered or tampered with, displaced, or bypassed.

(b) A person not authorized by the electric utility has reconnected service.

(2) Each electric utility that has disconnected service under this paragraph shall tag or seal the customer's meter and hand deliver a written notice to the customer or consumer at the service location. If no adult customer or consumer is present, each electric utility shall attach written notice to a conspicuous place on the premises. When an electric utility reasonably believes that tagging or sealing the meter, hand delivering a notice, or posting a notice may jeopardize employee safety, it shall promptly send the written notice to the customer or occupant. The notice shall clearly display each of the following items:

(a) An explanation that service was disconnected because one of the following circumstances was found:

(i) The meter, metering equipment and/or electric utility property was tampered with.

(ii) A person not authorized by the electric utility reconnected the customer's service.

(b) The electric utility's telephone number of the electric utility's office.

(c) A statement that the customer may contest the disconnection by contacting an electric utility representative at the telephone number provided.

(d) A statement that, if the customer does not contest the disconnection, the electric utility is not required to restore service until the customer has provided satisfactory assurances that such tampering or unauthorized reconnection has ceased and has paid or made satisfactory arrangements to pay the electric utility an amount that the electric utility calculates for unmetered service, any defaulted amount, any damage to the electric utility's equipment or meter, any security deposit (consistent with rule 4901:1-10-14 of the Administrative Code), and any tariffed reconnection and investigation charges.

(e) A statement that the staff is available to render assistance, and the commission's current address, toll-free and TTY numbers of the commission's call center, and the commission's website.

(3) If the customer meets with the electric utility to contest the disconnection, the electric utility shall timely mail or deliver its decision to the customer. If the electric utility's decision is that service can be reconnected, the electric utility may notify the customer by telephone to arrange for reconnection.

(B) Disconnection of service for fraudulent act.

An electric utility may disconnect service, after following the steps set forth in this paragraph, when a customer uses any fraudulent act, as defined by paragraph (R) of rule 4901:1-10-01 of the Administrative Code, to obtain or maintain service

(1) Before it may disconnect service for a fraudulent act, each electric utility shall deliver or send written notice to the customer or consumer at the service location.

(2) The notice shall clearly display each of the following items:

(a) A description of the alleged fraudulent act.

(b) The address and telephone number of the electric utility's office.

(c) A statement that the customer may contest the electric utility's findings by requesting a meeting with an electric utility representative.

(d) A statement that the electric utility may disconnect service if either of the following occurs:

(i) The customer does not contact the electric utility representative to contest the findings of the fraudulent act, within five business days after the electric utility mails this notice.

(ii) The customer does not provide a satisfactory explanation at that meeting.

(e) A statement that, if service is disconnected, the electric utility is not required to reconnect service until the customer pays or makes satisfactory arrangements to pay the electric utility the bill for service that was fraudulently obtained or maintained, any security deposit (consistent with rule 4901:1-10-14 of the Administrative Code), and any tariffed reconnection and investigation charges.

(f) A statement that the staff is available to render assistance, and the commission's current address, toll-free and TTY numbers of the commission's call center, and the commission's website.

(3) An electric utility may terminate service for a fraudulent act no sooner than five business days after mailing the written notice in the following circumstances:

(a) If the customer does not contact the electric utility at the telephone number provided, or

(b) If after an adverse decision subsequent to the discussion between the customer and the electric utility representative, in the event that the customer initiated the discussion.

(C) Each electric utility shall maintain records that clearly set forth the basis for its decision to terminate service for a fraudulent act, tampering, unauthorized reconnection, or theft of service, and the steps taken under this rule.

Last updated April 8, 2024 at 8:32 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-21 Customer complaints and complaint-handling procedures.

(A) As used in this rule, customer/consumer complaint means a customer/consumer contact when such contact necessitates follow-up by or with the electric utility to resolve a point of contention.

(B) Each electric utility shall make good faith efforts to settle unresolved disputes, which efforts may include meeting with the customer/consumer at a reasonable time and place.

(C) Except as ordered by the commission or directed by the staff in disconnection or emergency cases, each electric utility shall investigate complaints and provide a status report within three business days of the date of receipt of the complaint.

(D) If an investigation is not completed within ten business days, the electric utility shall provide status reports, either orally or in writing, to update the customer/consumer, or to update the customer/consumer and staff, where appropriate, every three business days until the investigation is complete, unless agreed to otherwise.

(E) The electric utility shall inform the customer/consumer, or the customer/consumer and staff, where appropriate, of the results of the investigation, orally or in writing, no later than five business days after completion of the investigation. The customer/consumer or staff may request the final report to be in writing.

(F) If the customer/consumer disputes the electric utility's report(s), the electric utility shall inform the customer/consumer that the commission staff is available to mediate complaints. The company shall provide the customer/consumer with the contact information for the commission.

(G) If a customer contacts an electric utility concerning competitive retail electric service (CRES) issues, the electric utility shall take the following actions:

(1) Review the issue with the customer to determine whether it also involves the electric utility.

(2) Coordinate the resolution of any joint issues with the CRES provider.

(3) Refer the customer to the appropriate CRES provider only in those instances where the issue lacks any electric utility involvement.

(H) Slamming complaints.

(1) A slamming complaint is a customer's allegation that the customer's supplier of electric service has been switched without the customer's authorization.

(2) If a customer contacts an electric utility with a slamming complaint after the end of the seven-day rescission period for the customer's enrollment with the alleged slamming CRES provider, the electric utility shall take the following actions:

(a) Provide the customer with the enrollment information contained in its records.

(b) Refer the customer to the commission and provide the customer with the commission's current address, toll-free and TTY numbers of the commission's call center, and the commission's website.

(c) Cooperate with the staff in any subsequent investigations of the slamming complaint, including assisting the staff in determining the amount of any restitution owed to the customer pursuant to paragraph (C)(5) of rule 4901:1-21-08 of the Administrative Code if the customer was switched without authorization from the electric utility's standard offer service.

(3) If a customer initiates a slamming complaint with the staff within thirty calendar days after being issued a bill from the alleged slammer, the customer shall not be required to pay the current charges assessed by the alleged slammer until the staff determines that the change in the customer's electric service provider was authorized.

(4) If the staff determines that a customer's service was switched without the customer's authorization, and if the electric utility is not at fault, the electric utility may then seek reimbursement from the CRES provider that improperly initiated the switch for any incremental costs incurred by the electric utility to correct the unauthorized switch including any switching fees. The electric utility shall provide the CRES provider an itemized list of any such incremental costs.

(5) If correcting an unauthorized switch involves returning the customer to its previous CRES provider, the electric utility shall make the corrective switch at the next regularly scheduled meter reading date following receipt of the enrollment request from the previous CRES provider. Such corrective switch shall be made in accordance with the electric utility's normal practices and procedures for switching customers, except that the electric utility shall not charge, or shall credit to the customer, any switching fees and the electric utility is not required to issue the customer the notice required by paragraph (F)(1) of rule 4901:1-10-29 of the Administrative Code.

(6) If correcting an unauthorized switch involves returning the customer to the electric utility's standard offer service, the electric utility shall make the corrective switch at the next regularly scheduled meter reading date in accordance with the electric utility's normal practices and procedures for switching customers, except that the electric utility shall not charge or shall credit to the customer any switching fees and the electric utility is not required to issue the customer the notice required by paragraph (F)(1) of rule 4901:1-10-29 of the Administrative Code.

(7) If, as part of correcting an unauthorized switch, a customer who was taking standard offer service from the electric utility at the time of the unauthorized switch is returned to standard offer service, the customer shall not be subject to any minimum stay or other commission-approved alternative for returning customers, unless the customer would have been subject to such a requirement had the unauthorized switch not occurred.

(8) If the electric utility switches the customer served by a CRES provider to the electric utility's standard offer service without authorization by the customer, without authorization by the appropriate CRES provider or pursuant to a commission order, the electric utility shall take the following actions:

(a) Credit or not charge the customer, any switching fees and return the customer to the previous CRES provider, making the corrective switch at the next regularly scheduled meter reading date following receipt of the enrollment request from the previous CRES provider.

(b) By the next billing cycle, take all three of the following actions:

(i) Credit or refund to the customer any fees previously charged for switching the customer to the electric utility.

(ii) Either of the two following actions:

(a) If reported to staff within thirty calendar days after being issued a bill from the alleged slammer, absolve the customer of any liability for any charges assessed to the customer, excluding the distribution charges and refund to the customer any charges collected from the customer.

(b) If reported to the staff more than thirty calendar days after being issued a bill by the alleged slammer, credit the customer any fees the electric utility charged in excess of the amount the customer would have paid its previous CRES provider for the same usage.

(iii) If the customer can not be returned to the original contract terms with its previous CRES provider, the slamming electric utility shall credit or refund to the customer, the value of the customer's contract with the previous CRES provider for the remaining term of the contract immediately prior to the slam.

(c) Reimburse the CRES provider for any incremental costs incurred by the CRES provider to correct the unauthorized switch within thirty calendar days of receiving an itemized invoice of the incurred incremental costs.

Last updated April 8, 2024 at 8:32 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-22 Electric utility customer billing and payments.

(A) This rule applies to electric utility bills that do not include any competitive retail electric service (CRES) provider charges. Requirements for consolidated billing appear in rule 4901:1-10-33 of the Administrative Code.

(B) Customer bills issued by or for the electric utility shall be accurate, shall be rendered at monthly intervals. Each bill shall state at least the following information:

(1) The customer's name, billing address, service address, and account number.

(2) The electric utility's name and its payment address.

(3) The electric utility's twenty-four hour local and toll-free telephone numbers for reporting service emergencies.

(4) A statement that customers with billing questions or complaints should call or write the electric utility first. The bill shall list the electric utility's toll-free telephone numbers and the address where a question or complaint may be sent.

(5) The following text:

"If your complaint is not resolved after you have called your electric utility, or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service)."

The Ohio consumers' counsel (OCC) represents utility customers in matters before the PUCO. The OCC can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.pickocc.org."

(6) The rate schedule, if applicable.

(7) Dates of the service period covered by the bill.

(8) The billing determinants applicable:

(a) Beginning meter reading(s)

(b) Ending meter reading(s).

(d) Multiplier(s).

(e) Consumption(s) for each pricing period.

(f) Demand(s).

(9) An identification of estimated bills.

(10) The due date for payment. The due date for residential bills shall not be less than twenty-one days from the date of postmark.

(11) The current billing that reflects the net-metered usage for customer generators, if applicable.

(12) Any late payment charge or gross and net charges, if applicable.

(13) Any unpaid amounts due from previous bills, any customer credits, and the total amount due and payable.

(14) The current balance of the account, if the residential customer is billed according to a budget plan.

(15) The current gas and electric charges separately, if the customer is billed for gas and electric service on the same bill.

(16) If applicable, each charge for non-jurisdictional services, and the name and toll-free telephone number of each provider of each service.

(17) Any nonrecurring charge.

(18) Any payment(s) or credit(s) applied to the account during the current billing period.

(19) Any applicable percentage of income payment program (PIPP) billing information:

(a) Current PIPP payment.

(b) PIPP payments defaulted (i.e., past due).

(d) Total account arrearage.

(20) An explanation of codes and abbreviations used.

(21) At a minimum, definitions for the following terms, or like terms used by the company, if applicable: customer charge, delivery charge, estimated reading, generation charge, kilowatt hour, and late payment charge.

(22) If applicable, the name of the CRES provider and a statement that such provider is responsible for billing the supplier charges.

(23) A numerical representation of the customer's historical consumption during each of the preceding twelve months, with a total and average consumption for such twelve-month period.

(24) The price-to-compare notice on residential customer bills and a notice that such customers can obtain a written explanation of the price-to-compare from their electric utility.

(25) Other information required by Ohio law or commission rule or order.

(C) Each electric utility shall publish and maintain an online active bill calculator that shows each and every rate or charge and permits customers to enter their billing determinates to determine the accuracy of their bill.

(D) Any new bill format proposed by an electric utility shall be filed with the commission for approval. The electric utility should notify the director of the service monitoring and enforcement department when a newly proposed bill format is filed with the commission. If an application for sample bill approval is not acted upon within forty-five calendar days, said sample will be deemed approved on the forty-sixth day after the filing.

(E) Each electric utility shall, upon request, provide customers with an updated list of the name and street address/location of the nearest payment center and/or local authorized agent, and alternative methods available for payment of customer bills. If an electric utility accepts payments from customers via authorized agents, the electric utility shall provide signage to the authorized agent with its logo, or other appropriate indicators, that affirm the payment location as an authorized agent of the electric utility. Customers shall not be charged more than two dollars for processing their payments by cash, check, or money order at authorized agent locations.

(F) When a customer pays a bill at the electric utility's business office or to an authorized agent of the company, that payment, including any partial payment, shall be immediately credited to the customer's account where feasible, and in any event be credited to the customer's account as of the date received at the business office or by the agent. No electric utility shall disconnect service to a customer who pays, to the electric utility or an authorized agent of the electric utility, the total amount due on the account (or an amount agreed upon between the electric utility and the customer to prevent disconnection), by the close of business on the disconnection date listed on the disconnection notice. Payment received by an authorized agent of the electric utility shall constitute receipt of payment by the electric utility.

(G) Each electric utility shall establish a policy for its own personnel and for its authorized agents to handle billing disputes, requests for payment arrangements, and payments to prevent disconnection of service. If such matters cannot be handled by an agent authorized to accept payments, the electric utility shall provide customers with its local and toll-free numbers to use at a nearby telephone.

(H) Each electric utility shall credit any customer's partial payments in the following order:

(1) Past due distribution, standard offer generation, and transmission charges.

(2) Current distribution, standard offer generation, and transmission charges.

(3) Other past due and current charges for non-jurisdictional services.

Budget billing payments and payments in full of the undisputed amount related to a bona fide dispute do not constitute partial payments. Payments made on accounts for which there is a bona fide dispute shall be credited to the undisputed portion of the account.

(I) Any electric utility wishing to issue billing statements online shall comply with the following requirements:

(1) A customer shall not be required to use online billing.

(2) No enrollment or usage fees shall be assessed to a customer who chooses to receive bills and/or customer information online.

(3) The electric utility shall maintain a secure and encrypted site that is to be accessed only by the customer of record after completing a secure registration process.

(4) Any fees to accept online payments shall be clearly disclosed in payment window(s).

(5) Any payment made online shall be credited to the customer's account as of the date received. The time needed to post the payment to the account shall be clearly stated.

(6) If a customer chooses to use online billing, the electric utility shall continue to make all payment methods available to the customer.

(J) The utility may transfer the unpaid balances of a customer's previously rendered final bills to a subsequent bill for a like service account in the name of that same customer. The transfer of bills is limited to like service, for example, residential to residential, commercial to commercial, gas to gas, and electric to electric. Such transferred final bills, if unpaid will be part of the past due balance of the transferee account and subject to the company's collection and disconnection procedures which are governed by Chapters 4901:1-10 and 4901:1-18 of the Administrative Code. Any transfer of accounts shall not affect the residential customer's right to elect and maintain an extended payment plan for service under rule 4901:1-18-10 of the Administrative Code.

Last updated April 8, 2024 at 8:32 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-23 Billing adjustments.

(A) When an electric utility has undercharged any nonresidential customer as the result of a meter or metering inaccuracy, billing problem, or other continuing problem under the electric utility's control, unless the customer and the electric utility agree otherwise, the maximum portion of the undercharge that may be billed to the customer in any billing month, based upon the appropriate rates, shall be determined by dividing the amount of the undercharge by the number of months of undercharged service. The electric utility shall only bill the customer for the amount of the total undercharge amount rendered in the thirty-six month period immediately prior to the date the company remedies the metering inaccuracy. Each electric utility shall state the total amount to be collected in the first bill under this rule. This rule shall not affect the electric utility's recovery of regular monthly charges.

(B) Pursuant to section 4933.28 of the Revised Code, the company may only bill the residential customer for the amount of the unmetered electricity rendered in the three hundred sixty-five days immediately prior to the date the company remedies the meter inaccuracy.

(C) This rule does not apply to tampering with or unauthorized reconnection of the meter, metering equipment, or electric utility's property which causes meter or metering inaccuracies or no measurement of service.

Last updated April 8, 2024 at 8:32 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-24 Customer safeguards and information.

(A) Each electric utility shall notify customers annually, by bill insert or other notice, about its summary of customer rights and responsibilities, as prescribed by rule 4901:1-10-12 of the Administrative Code, and how to request a copy from the electric utility.

(B) Customer education and marketing practices.

Each electric utility shall provide informational, promotional, and educational materials that are non-customer specific and explain services, rates, and options to customers. The staff may review and/or request modification of informational, promotional, and educational materials. Such materials, shall include the following information:

(1) An explanation of the service, its application, and any material exclusions, reservations, restrictions, limitations, modifications, or conditions.

(2) If services are bundled, an identification and explanation of service components and associated prices.

(3) An identification and explanation of:

(a) Any one-time or nonrecurring charge(s) (e.g., penalties and open-ended clauses).

(b) Recurring charge(s) (e.g., usage).

(4) An explanation of how the customer can access the approximate generation resource mix and environmental disclosure data, as prescribed in rule 4901:1-10-31 of the Administrative Code.

(C) Unfair and deceptive acts or practices. No electric utility shall commit an unfair or deceptive act or practice in connection with the promotion or provision of service, including an omission of material information. An unfair or deceptive act/practice includes, but is not limited to, the following:

(1) An electric utility states to a customer that distribution service will or may be disconnected unless the customer pays any amount due for a non-tariffed or non-regulated service.

(2) An electric utility charges a customer for a service for which the customer did not make an initial affirmative order. An affirmative order means that a customer or applicant for service must positively elect to subscribe to a service before it is added to the account. Failure to refuse an offered or proposed service is not an affirmative order for the service.

(D) Customer specific information.

(1) An electric utility shall not disclose a customer's account information without the customer's consent and proof of that consent as delineated in paragraph (D)(4) of this rule, or a court or commission directive ordering disclosure, except for the following purposes:

(a) An electric utility's collections and/or credit reporting activities;

(b) Participation in the home energy assistance program, the emergency home energy assistance program, and programs funded by the universal service fund, pursuant to section 4928.52 of the Revised Code, such as the percentage of income payment plan programs;

(d) Inclusion on the eligible-customer list as prescribed in paragraph (F) of rule 4901:1-10-29 of the Administrative Code, unless the customer objects.

(2) An electric utility shall not disclose a customer's social security number except for the following purposes:

(a) Completing a customer credit evaluation;

(b) An electric utility's or competitive retail electric service (CRES) provider's collections and/or credit reporting activities;

(c) Participation in the home energy assistance program, the emergency home energy assistance program, and programs funded by the universal service fund, pursuant to section 4928.52 of the Revised Code, such as the percentage of income payment plan programs; or

(d) Customer provides written consent via the consent form in paragraph (D)(4) of this rule.

(3) An electric utility shall not disclose residential customer energy usage data that is more granular than the monthly historical consumption data, provided on the eligible-customer list pursuant to paragraph (F) of rule 4901:1-10-29 of the Administrative Code, without the customer's consent via the consent form in paragraph (D)(4) of this rule, or as required for billing purposes, or electronic authorization, or a court or commission directive ordering disclosure.

(4) Customer information release consent form

(a) Written consent shall be on a separate piece of paper and shall be clearly identified on its face as a release of personal information and all text appearing on the consent form shall be in at least sixteen-point type. The following statement shall appear prominently on the consent form, just prior to the signature, in type darker and larger than the type in surrounding sentences: "I realize that under the rules and regulations of the public utilities commission of Ohio, I may refuse to allow (name of the electric utility) to release the information set forth above. By my signature, I freely give (name of the electric utility) permission to release the information designated above." The written consent form for the release of customer energy usage data shall specify the identity of any recipients of the data, type and granularity of the data being collected, and uses for which the data is being collected. Forms requiring a customer to circle or to check off preprinted types of information to be released may not be used.

(b) Electronic consent shall be verifiable and in a substantially similar format to the written consent in paragraph (D)(4)(a) of this rule. The following statement shall appear prominently: "I realize that under the rules and regulations of the public utilities commission of Ohio, I may refuse to allow (name of the electric utility) to release the information set forth above. By providing my electronic signature, I freely give (name of the electric utility) permission to release the information designated above."

(5) Nothing in this rule prohibits the commission from accessing records or business activities of an electric utility, as provided for in paragraph (B) of rule 4901:1-10-03 of the Administrative Code.

(E) An electric utility shall:

(1) Upon request, timely provide twenty-four months of a customer's usage history, payment history, detailed consumption data, if available, and time differentiated price data, if applicable, to the customer without charge.

(2) Provide generic customer load pattern information, in a universal and user-friendly file format, to other electric service providers on a comparable and nondiscriminatory basis. Load pattern information shall be based upon a minimum of three years of historical customer usage data.

(3) Provide customer-specific information to CRES providers on a comparable and nondiscriminatory basis as prescribed in paragraph (F) of rule 4901:1-10-29 of the Administrative Code, unless the customer objects to the disclosure of such information.

(4) Prior to issuing any eligible-customer lists and at least four times per calendar year, provide all customers clear written notice, in billing statements or other communications, of their right to object to being included on such lists. Such notice shall include instructions for reporting such objection. This notice shall read as follows:

"We are required to include your name, service and mailing addresses, customer account information, load profile reference category, meter read date or schedule, historical consumption data for each of the most recent twelve months, and other customer specific information as identified on the approved pre-enrollment list displayed on our website and tariffs, on a list of eligible customers that is made available to other competitive retail electric service providers. If you do not wish to be included on this list, please call (electric utility telephone number) or write (electric utility address). If you have previously made a similar election, your name will continue to be excluded from the list without any additional action on your part. If you previously decided not to be included on the list and would like to reverse that decision, please call or write us at the same telephone number and address. An election not to be included on this list will not prevent (electric utility name) from providing your information to governmental aggregators."

In addition, the electric utility may offer its customers the option of contacting the electric utility by electronic means and, if it does so, the electric utility shall add its electronic mail address or web site to the above notice. The categories of customer specific information listed on the pre-enrollment list shall be displayed in an easily accessible place on each utility's website for customers to view.

(5) If a customer objects as provided in paragraphs (E)(3) and (E)(4) of this rule, the electric utility shall not release such information unless and until the customer affirmatively indicates that the information may be released.

(F) To provide customers with a list of certified CRES providers actively seeking residential customers within the electric utility's service territory, each electric utility shall maintain a link on its website directing customers to the commission's website, energychoice.ohio.gov, which offers such information.

Last updated October 5, 2026 at 9:10 AM

History

Effective: October 5, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-26 Annual system improvement plan report.

(A) Each electric utility and transmission owner shall report annually regarding its compliance with the minimum service quality, safety, and reliability requirements for noncompetitive retail electric services.

(B) Annual report. On or before March thirty-first of each year, each electric utility and transmission owner shall file with the commission an annual report for the previous calendar year by the utility's chief executive officer or other senior officer responsible for the service quality, safety, and reliability of the electric utility's and transmission owner's transmission and/or distribution service. The annual report shall include:

(1) A plan for investment in and improvements to the electric utility's or transmission owner's transmission and distribution facilities/equipment. Each plan shall:

(a) Cover all of the electric utility's service territory, and shall describe the relevant characteristics of the service territory including the following:

(i) Miles of overhead distribution.

(ii) Miles of underground distribution.

(iii) Miles of overhead transmission.

(iv) Miles of underground transmission.

(v) Any other notable characteristics.

(b) List any quality, safety, and reliability complaints the electric utility or transmission owner received during the reporting period from other electric utilities, rural electric cooperatives, municipal electric utilities, and competitive retail electric suppliers, and shall report the specific actions the electric utility took to address these complaints.

(c) Report all unresolved quality, safety, and reliability complaints and violations as described in paragraph (B)(1)(d) of this rule that were carried over from the prior year, along with the reason the complaint or violation was not resolved.

(2) A report by service territory of the age, current condition, reliability and performance of the electric utility's and/or transmission owner's transmission and distribution facilities in Ohio. (In analyzing and reporting the age of the electric utility's and/or transmission owner's facilities and equipment, the electric utility and/or transmission owner may utilize book depreciation. Statistical estimation and analysis may be used when actual ages and conditions of facilities are not readily available. The use of such techniques shall be disclosed in the report.) The report shall include:

(a) A qualitative characterization of the condition of the electric utility's and/or transmission owner's system and an explanation of the criteria used in making the qualitative assessment.

(b) An overview of the number and substance of customers' safety and reliability complaints for the annual reporting period in each service territory.

(i) Total expenditures for the past year and the ratio of such expenditures to total transmission investment;

(ii) Reliability-specific budgeted vs. actual expenditures for the past year by budget category and total, and an explanation for any variance exceeding ten per cent; and

(iii) Budgeted reliability-specific expenditures for the current year by budget category and total.

(d) Each electric utility's distribution capital and maintenance expenditures as follows:

(i) Total expenditures for the past year and the ratio of such expenditures to total distribution investment;

(ii) Reliability-specific budgeted vs. actual expenditures for the past year by budget category and total, and an explanation for any variance exceeding ten per cent; and

(iii) Budgeted reliability-specific expenditures for the current year by budget category and total.

(e) The average remaining depreciation lives of the electric utility's and/or transmission owner's transmission and distribution facilities, expressed separately by facility type as a percentage of total depreciation lives.

(f) For each reporting period, provide a list and purpose of current inspection, maintenance, repair, and replacement programs required by paragraph (E) of rule 4901:1-10-27 of the Administrative Code that the electric utility and/or transmission owner's utilizes for quality, safe, and reliable service from its transmission, substation, and distribution facilities and/or equipment. This report shall include the following:

(i) The goals of each program and whether the electric utility's and/or transmission owner's annual goals for each program were achieved. If the goals were achieved, describe how they were achieved and to what extent, including numerical values and percentages in the description. If the goals were not achieved, describe the problems that prevented the achievement and the level of completion of each program, including numerical values and percentages.

(ii) A summary of the electric utility's and/or transmission owner's annual findings as a result of performing each program.

(iii) A summary of the remedial activity that has been or will be performed as a result of the program findings, and the actual and estimated completion dates for such remedial activity.

(iv) The electric utility's and/or transmission owner's plans and programs to prevent overloading or excessive loading of its transmission and distribution facilities and equipment.

(v) The electric utility's and/or transmission owner's actions to remedy overloading or excessive loading of its transmission and distribution facilities and equipment.

(vi) An identification of the programs that have been added, deleted, and/or modified from the previous reporting period in accordance with the requirements of paragraph (F) of rule 4901:1-10-27 of the Administrative Code.

(3) An identification of customer service interruptions that were due solely to the actions or in-actions of another electric utility, regional transmission entity, and/or a competitive retail electric supplier for the annual reporting period and the causes of these interruptions.

Last updated April 8, 2024 at 8:32 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-27 Inspection, maintenance, repair, and replacement of transmission and distribution facilities (circuits and equipment).

(A) This rule applies to the inspection, maintenance, repair, and replacement of utility transmission and distribution system facilities (circuits and equipment). The rebuttable presumption that an electric utility and/or transmission owner is providing adequate service pursuant to paragraph (F) of rule 4901:1-10-02 of the Administrative Code, does not apply to this rule.

(B) Transmission system performance assessment. Every five years each electric utility and transmission owner shall file with the commission a report setting forth its methodology used to assess the reliability of its transmission circuits. That methodology shall be subject to review and acceptance by the director of the rates and analysis department.

(1) Each electric utility or transmission owner shall submit a method to assess circuit reliability based on the total number of sustained outages per circuit per calendar year and other factors proposed by the electric utility, or required by the electric reliability organization (ERO), the regional reliability organization (RRO), or the regional transmission operator, which affect circuit performance, together with supporting justification for that method.

(a) If the electric utility and/or transmission owner and the director of the rates and analysis department can not agree on a method to assess transmission circuit reliability, the electric utility and/or transmission owner shall apply, within ninety calendar days after the submission of its proposal, to the commission for a hearing and shall file a written report along with documentation supporting its methodology.

(b) Revisions to a previously accepted methodology for assessing the reliability of its transmission circuits, shall be submitted for review and acceptance along with supporting justification to the director of the utilities department, no later than ninety calendar days prior to the beginning of the next succeeding calendar year.

(2) Each electric utility or transmission owner shall submit a report on electronic media in a format prescribed by the commission on or before March thirty-first of each year, that identifies the performance of each transmission circuit for the previous calendar year. Each annual report shall, at a minimum, provide the following information for each transmission circuit:

(a) The circuit identification number.

(b) The circuit name (if different from the origin terminus).

(d) The circuit voltage level (KV).

(e) The circuit mileage.

(f) The circuit in-service date, where available.

(g) The number of unplanned outages (sustained and momentary if available) and their causes by circuit.

(h) The substation(s) and/or distribution circuit(s) affected by each of the outages reported for paragraph (C)(2)(g) of this rule, by circuit.

(i) A description of and the rationale for any remedial action taken or planned to improve circuit performance or for taking no remedial action.

(j) The start and completion dates of any remedial action taken or planned.

(k) The applicable ERO standard requirement.

(l) The applicable ERO standard violation.

(3) The annual report shall be submitted in a form prescribed by the commission or its staff.

Unless otherwise determined by the commission, each electric utility and transmission owner shall, at a minimum, inspect its electric transmission and distribution facilities (circuits and equipment) to maintain quality, safe, and reliable service on the following scheduled basis:

(1) Distribution - all distribution circuits and equipment, including above-ground facilities associated with the operation of underground circuits, shall be inspected at least once every five years.

(2) Transmission - all transmission circuits and equipment shall be inspected at least once every year.

(3) Substations - all transmission and distribution substations and equipment shall be inspected twelve times annually, with no inspection interval exceeding forty calendar days between inspections.

(4) On or before March thirty-first of each year, each electric utility and transmission owner shall submit a report in an electronic medium, in a format prescribed by the commission or its staff, of the electric utility's and/or transmission owner's compliance with the inspection schedule in paragraphs (D)(1) to (D)(3) of this rule for the preceding calendar year. The annual report of inspection compliance shall include:

(a) A listing of distribution circuits inspected during the year and, for each listed circuit, the date(s) such inspection was performed.

(b) A listing of transmission circuits inspected during the year and, for each listed circuit, the date(s) such inspections were performed.

(d) The date(s) when any circuits or substations were added or retired during the reporting year.

(D) Transmission and distribution inspection, maintenance, repair, and replacement programs.

(1) Each electric utility and transmission owner shall establish, maintain, and comply with written programs, policies, procedures, and schedules for the inspection, maintenance, repair, and replacement of its transmission and distribution circuits and equipment. These programs shall establish preventative requirements for the electric utility to maintain safe and reliable service. Programs shall include, but are not limited to, the following facilities:

(a) Poles and towers.

(b) Circuit and line inspections.

(c) Primary enclosures (e.g., pad-mounted transformers and pad-mounted switch gear) and secondary enclosures (e.g., pedestals and handholes).

(d) Line reclosers.

(e) Line capacitors.

(f) Right-of-way vegetation control.

(g) Substations.

(2) Each electric utility shall file its inspection, maintenance, repair, and replacement programs, instituted pursuant to paragraph (E)(1) of this rule, with the commission. The electric utility's filing shall include supporting justification and rationale based upon generally accepted industry practices and procedures.

(3) If a filing to establish the electric utility's inspection, maintenance, repair, and replacement programs is not acted upon by the commission within forty-five calendar days after it is filed, the inspection, maintenance, repair, and replacement programs shall be deemed approved on the forty-sixth day after filing.

(4) Each electric utility and transmission owner shall maintain records sufficient to demonstrate compliance with its transmission and distribution facilities inspection, maintenance, repair, and replacement programs as required by this rule. Each electric utility and transmission owner shall record all deficiencies revealed by inspections or tests and all actions taken to correct those deficiencies. Lines and equipment with recorded defects that could reasonably be expected to endanger life or property shall be promptly repaired, disconnected, or isolated. All remaining deficiencies shall be corrected by the end of the calendar year following the year of the inspection or testing that originally revealed such deficiencies was completed. The electric utility shall document all deficiencies that are not corrected within the designated time, including the reason for not taking corrective action.

(E) Inspection, maintenance, repair, and replacement program revisions and amendments.

(1) All revisions or amendments (including modification to a current program, addition of a new program, or elimination of an existing program) requested by an electric utility shall be filed with the commission as outlined in paragraph (E)(2) of this rule.

(2) If a filing to revise or amend the electric utility's inspection, maintenance, repair, and replacement programs is not acted upon by the commission within forty-five days after it is filed, the inspection, maintenance, repair, and replacement programs shall be deemed approved on the forty-sixth day after filing.

Last updated April 8, 2024 at 8:33 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-28 Net metering.

(A) For purposes of this rule, the following definitions apply:

(1) "Advanced meter" means any electric meter that meets the pertinent engineering standards using digital technology and is capable of providing two-way communications with the electric utility to provide usage and/or other technical data.

(2) "CRES provider" means any provider of competitive retail electric service.

(3) "Customer-generator" has the meaning set forth in division (A)(29) of section 4928.01 of the Revised Code. A customer that hosts or leases third party owned generation equipment on its premises is considered a customer-generator.

(4) "Electric utility" has the meaning set forth in division (A)(11) of section 4928.1 of the Revised Code.

(5) "Hospital" has the meaning set forth in division (C) of section 3701.01 of the Revised Code.

(6) "Interval meter" means any electric meter that is capable of measuring interval usage data on at least an hourly basis.

(7) "Microturbine" means a turbine or an integrated modular turbine package with a capacity of two megawatts or less.

(8) "Net metering" has the meaning set forth in division (A)(30) of section 4928.01 of the Revised Code.

(9) "Net metering system" has the meaning set forth in division (A)(31) of section 4928.01 of the Revised Code. Net metering system includes all facilities, regardless of whether the customer-generator is on the electric utility's net metering tariff or engaged in net metering with a CRES provider.

(10) "Third party" means a person or entity that may be indirectly involved or affected but is not a principal party to an arrangement, contract, or transaction between other parties.

(B) Net metering.

(1) Each electric utility shall develop a standard net metering tariff and a hospital net metering tariff. The electric utility shall timely make such tariffs available to customer-generators upon request and on a nondiscriminatory basis.

(2) A CRES provider may offer net metering contracts to its customers, consistent with Chapter 4901:1-21 of the Administrative Code, at any price, rate, credit, or refund for excess generation. The CRES provider and the customer may define the terms of any contract, including the price, rate, credit, or refund for any excess production by a customer-generator. A CRES provider is not required to enter into any net metering contract with any customer. Only customers who have signed an interconnection agreement with the electric utility may engage in net metering with a CRES provider.

(3) Except as used by hospitals, a net metering system must use as its fuel either solar, wind, biomass, landfill gas, or hydropower, or use a microturbine or a fuel cell.

(4) The electric utility's standard net metering tariff shall be identical in rate structure, all retail rate components, and any monthly charges, to the tariff to which the same customer would be assigned if that customer were not a customer-generator.

(a) The electric utility shall disclose on the electric utility's website, and to any customer upon request, the name, address, telephone number, and email address of the electric utility's net metering department or contact person.

(b) The electric utility shall provide on the electric utility's website, and to any customer upon request, all necessary information regarding eligibility for the electric utility's net metering tariffs. The electric utility shall also provide this information to any customer, upon request, within a net metering application packet. The website and application packet shall describe and provide the following information in a straightforward manner: net metering tariff terms and conditions, sample net metering and interconnection agreements, and the terms and conditions for eligibility to be a net metering customer-generator. The website and application packet shall also provide information on costs that the customer may incur as a result of net metering enrollment, including any costs associated with the following: application, interconnection, and meter installation.

(5) A net metering system must be located on the customer-generator's premises. A customer-generator's premises is the area that is owned, operated, or leased by the customer-generator with the metering point for the customer-generator's account. A contiguous lot to the area with the customer-generator's metering point may be considered the customer-generator's premises regardless of easements, public thoroughfares, transportation rights-of-way, or utility rights-of-way, so long as it would not create an unsafe or hazardous condition pursuant to the interconnection standards set forth in Chapter 4901:1-22 of the Administrative Code.

(6) Unless it is a hospital, a customer-generator must intend primarily to offset part or all of the customer-generator's requirements for electricity, regardless of whether the customer-generator is on the electric utility's net metering tariff or engaged in net metering by contract with a CRES provider.

(a) The electric utility shall communicate with and assist a customer-generator in calculating the customer-generator's requirements for electricity based on the average amount of electricity supplied by the electric utility to the customer-generator annually over the previous three years. In instances where the electric utility cannot provide data without divulging confidential or proprietary information, or in circumstances where the electric utility does not have the data or cannot calculate the average annual electricity supplied to the premises over the previous three years due to new construction, vacant properties, facility expansions, or other unique circumstances, the electric utility shall use any available consumption data or measures to establish an appropriate consumption estimate. Upon request from any customer-generator, the electric utility shall provide or make available to the customer-generator either the average electricity supplied to the premises over the previous three years or a reasonable consumption estimate for the premises.

(b) A customer-generator must size its facilities so as to not exceed one hundred twenty per cent of its requirements for electricity at the time of interconnections, regardless of whether the customer-generator intends to take service through an electric utility or a CRES provider.

(7) Net metering shall be accomplished using a single meter capable of registering the flow of electricity in each direction. Upon request from a customer-generator, the electric utility shall provide the customer-generator with a detailed cost estimate of installing an interval meter. If the net metering system is located in an area where advanced meters have been deployed or are proposed to be deployed within twelve months, then the electric utility shall provide the customer-generator with a detailed cost estimate of installing an advanced meter that is also an interval meter.

(a) If a customer-generator requests an advanced meter that is also an interval meter, then such cost shall be paid by the customer-generator through the applicable smart grid rider. If the net metering system is not located in an area where the electric utility has deployed, is deploying, or proposes to deploy within twelve months advanced meters, then the electric utility may install any interval meter.

(b) The electric utility, at its own expense and with the written consent of the customer-generator, may install one or more additional meters to monitor the flow of electricity in each direction. No electric utility shall impose, without commission approval, any additional interconnection requirement or additional charges on customer-generators refusing to give such consent.

(c) If a customer's existing meter needs to be reprogrammed for the customer to become a customer-generator, or to accommodate net metering, then the electric utility shall provide the customer-generator a detailed cost estimate for the reprogramming or setup of the existing meter. The cost of setting up the meter to accommodate net metering shall be at the customer's expense. If a customer-generator has a meter that is capable of measuring the flow of electricity in each direction, is sufficient for net metering, and does not require setup or reprogramming, then the customer-generator shall not be charged for a new meter, setup, or reprogramming to accommodate net metering.

(d) For hospital customer-generators, net metering shall be accomplished using either two meters or a single meter with two registers that are capable of separately measuring the flow of electricity in both directions. One meter or register shall be capable of measuring the electricity generated by the hospital at the output of the generator or net of the hospital's load behind the meter at the time it is generated. If the hospital's existing electric meter is not capable of separately measuring electricity the hospital generates at the time it is generated, the electric utility, upon written request from the hospital, shall install at the hospital's expense a meter that is capable of such measurement.

(8) The measurement of net electricity supplied by the electric utility or received from the customer-generator is calculated in the following manner:

(a) The electric utility shall measure the net electricity produced or consumed during the billing period, in accordance with normal metering practices.

(b) If the electricity supplied by the electric utility exceeds the electricity received from the customer-generator over the monthly billing cycle, then the customer-generator shall be billed for the net electricity consumed by it in accordance with normal metering practices.

(c) For customer-generators on the electric utility's standard net metering tariff, when the electric utility receives more electricity from the customer-generator than it supplied to the customer-generator over a monthly billing cycle, the excess electricity shall be converted to a monetary credit at the energy component of the electric utility's standard service offer that continuously carries forward as a monetary credit on the customer-generator's future bills. The electric utility shall not be required to pay the monetary credit, other than to credit it to future bills, and the monetary credit may be lost if a customer-generator does not use the credit or stops taking service from the electric utility.

(d) The hospital net metering tariff shall comply with division (A)(2) of section 4928.67 of the Revised Code. For purposes of this rule, the market value means the locational marginal price of energy determined by a regional transmission organization's operational market at the time the customer-generated electricity is generated.

(e) A CRES provider may offer a net metering contract at any price, rate, or manner of credit for excess generation. The CRES provider shall notify the electric utility whenever a net metering contract has been entered into with a customer-generator. The electric utility may move the customer-generator to bill-ready billing, unless the CRES provider and the customer-generator agree to dual billing.

(f) If a customer-generator is net metering with a CRES provider and uses an advanced meter capable of measuring at least hourly interval usage data, the electric utility shall transmit or make available to the CRES provider the customer-generator's interval data for that billing period within twenty-four hours of performing industry-standard validation, estimation, and editing processes. The electric utility shall also transmit or make available to the CRES provider the customer-generator's daily interval usage data within twenty-four hours of performing daily industry-standard validation, estimation, and editing processes.

(g) The electric utility shall at least annually calculate and provide or make available to the CRES provider the individual network service peak load values and peak load contributions of customer-generators engaged in net metering with that CRES provider.

(h) The electric utility shall ensure that any final settlement data sent to a regional transmission organization includes negative loads in the hourly load calculation of any electricity provided to a CRES provider from its customer-generators with hourly interval metering. Load from a customer-generator shall be incorporated in the CRES provider's total hourly energy obligation reported to the regional transmission organization and will offset the CRES provider's reported load to the regional transmission organization. For customer-generators with non-hourly metering, customer generation will offset the CRES provider's energy obligation.

(9) In no event shall the electric utility impose on the customer-generator any charges that relate to the electricity the customer-generator feeds back to the system.

(10) All customer-generators shall comply with the interconnection standards set forth in Chapter 4901:1-22 of the Administrative Code.

(11) Renewable energy credits associated with a customer-generator's net metering facility shall be the property of the customer-generator unless otherwise contracted with an electric utility, CRES provider, or other entity.

(12) The electric utility shall annually report to the commission the total number and installed capacity of customer-generators on the electric utility's net metering tariffs for each technology and consumer class.

Last updated March 10, 2026 at 8:04 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-29 Coordination with competitive retail electric service (CRES) providers.

(A) Each electric utility shall coordinate with CRES providers to promote nondiscriminatory access to electric services, to ensure timely enrollment with CRES providers to maintain a customer's electric service, and to timely and correctly switch the customer's electric service between CRES providers. Each electric utility shall use customer account information to process a customer's change in CRES provider.

(B) Each electric utility shall adopt a supplier tariff containing standardized requirements to the extent such standardization is feasible. At a minimum, such tariff shall include requirements for imbalances, load profiles, scheduling, billing (between the electric utility and CRES provider), customer billing (options, collection, and application of customer payments), metering, retail settlements, scheduling coordinators, losses, customer information (procedures for disclosing load profile, account information, and payment history), dispute resolution processes (between the electric utility and CRES provider), standard operating rules, performance incentives and standards, supplier agreement, electronic data interchange protocols, CRES provider enrollment with the electric utility, service termination and disconnection (of end-user customer), certified CRES provider lists, return to standard offer, customer enrollment and switching, supplier training, and supplier proof of certification.

(C) In its supplier tariff, each electric utility shall set reasonable standards for its security and the security of its customers through financial requirements for CRES providers sufficient to protect customers and the electric utility from default. For purposes of this paragraph, "CRES providers" excludes power brokers or aggregators.

(D) An electric utility shall execute with each CRES provider a supplier agreement to operate under the terms of the supplier tariff.

(E) The electric utility and CRES provider shall execute a standardized trading partner agreement, as required by the standard electronic transmission protocols.

(F) Pre-enrollment. Electric utilities shall make eligible-customer lists available to certified CRES providers via electronic media. Such lists shall be updated quarterly and shall, at a minimum, contain customer name, customer account information, service and mailing addresses, load profile reference category, meter read date or schedule, and historical consumption data for each of the most recent twelve months. All information provided on the eligible-customer lists will be identified in the company tariff and approved by the commission.

(G) Customer enrollment.

(1) Within two business days after confirming the validated electronic data file for a CRES provider's customer enrollment request, the electric utility shall mail or email with an electronic notification of receipt, the customer a competitively neutral confirmation notice stating:

(a) That the electric utility has received a request to enroll the customer for competitive electric service with the named CRES provider.

(b) The date such service is expected to begin.

(c) That customers have seven days from the postmark date on the notice to contact the electric utility to rescind the enrollment request or notify the electric utility that the change of service provider was not requested by the customer.

(d) The electric utility's toll-free telephone number.

(2) Such notice shall not be used as an opportunity for the electric utility to convince customers to remain on or return to the electric utility's standard offer service.

(3) Each electric utility shall have a twenty-four hour per day capability for accepting CRES customer enrollment rescission by telephone.

(4) When a customer calls the electric utility to rescind enrollment with a CRES provider, the electric utility shall provide the customer a unique cancellation number.

(5) Within two business days after receiving a customer's request to rescind enrollment with a CRES provider, the electric utility shall initiate such rescission and mail or email with an electronic notification of receipt, the customer confirmation that such action has been taken.

(H) Customer billing.

(1) Electric utilities shall make consolidated billing available to CRES providers and shall not take any actions to inhibit or prohibit dual billing by CRES providers.

(2) Consolidated billing shall include budget billing of utility and CRES charges as a customer-elected option.

(I) Customers returning to standard offer.

(1) Any customer returning to the standard offer due to a CRES provider's default, abandonment, slamming, certification rescission of a CRES provider, or the end of their contract term with a CRES provider, will not be liable for any costs or penalties associated with the customer's return to the standard offer.

(2) Within two business days after confirming the validated electronic data file for a CRES provider's customer-drop request, the electric utility shall mail or email with an electronic notification of receipt, the customer a notice stating:

(a) That the electric utility has received a request to drop the customer from competitive electric service with the named CRES provider.

(b) The deadline date for the electric utility to receive a CRES provider's request to enroll the customer.

(d) The electric utility's local and toll-free telephone number.

(J) Percentage of income payment plan (PIPP) customers will be coordinated exclusively by the Ohio development services agency pursuant to section 4928.54 of the Revised Code.

(1) Electric utilities shall not switch PIPP and graduate PIPP program customers to CRES providers.

(2) Customers pending enrollment with a CRES provider who subsequently become approved for PIPP or the electric utility's arrearage crediting program shall not be switched to the CRES provider.

(3) Electric utility customers who have switched to a CRES provider and subsequently become approved for the electric utility's graduate PIPP program shall be transferred to the electric utility's standard offer service at the next regularly scheduled meter read date after the electric utility enrolls the customer in the program.

(4) Customers who have switched to a CRES provider and subsequently become approved for PIPP shall be dropped by the electric utility to standard offer service at the next regularly scheduled meter read date after the electric utility receives notice of the customer's participation in PIPP. The electric utility shall notify the affected CRES provider within ten business days of the customer's transfer to a new electric service provider to participate in PIPP. Any switching fees shall be added to the customer's arrearages, not current charges.

(5) When the host electric utility is not purchasing the receivables of the affected CRES provider, the electric utility shall submit to Ohio development services agency, on behalf of the affected CRES provider(s), the pre-PIPP arrearages of customers transferred to the PIPP program.

(6) The host electric utility shall transfer the pre-PIPP arrearages received from the Ohio development services agency, on behalf of the affected CRES provider, to the appropriate CRES provider within ten business days after receipt from the Ohio department of development.

Last updated September 25, 2026 at 9:09 AM

History

Effective: October 5, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-30 Failures to comply with the rules or commission orders.

(A) Any electric utility or CRES provider that fails to comply with the rules and standards in this chapter, or with any commission order, direction, or requirement promulgated thereunder, may be subject to any and all remedies available under the law, including but not limited to the following:

(1) Forfeiture to the state of not more than ten thousand dollars for each such failure, with each day's continuance of the violation being a separate offense.

(2) Corrective action to effectuate compliance.

(3) Restitution or damages to the customer/consumer.

(B) Enforcement of any rule in this chapter or commission order, direction or requirement promulgated thereunder, will be conducted in accordance with Chapter 4901:1-23 of the Administrative Code.

Last updated February 28, 2023 at 9:26 AM

History

Effective: June 29, 2009
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-31 Environmental disclosure.

(A) This rule establishes a process by which customers are assured of receiving information, in a timely and consistent manner, concerning the approximate retail generation resource mix and environmental characteristics associated with electric power offered in Ohio's competitive marketplace.

(B) This rule applies to all electric utilities providing a standard offer for retail electric generation service.

(1) Contents of environmental disclosure data.

(a) Approximate generation resource mix.

Each electric utility shall specifically identify each of the following generation sources used in the generation of the power that is made available under its standard offer: biomass power, coal-fired power, hydro power, natural gas-fired power, nuclear power, oil-fired power, other sources, solar power, and wind power.

(b) Environmental characteristics.

Electric utilities shall report the environmental characteristics typically associated with the generation resources used to generate the power that is made available under their respective standard offers.

Electric utilities shall also report the air emissions of nitrogen oxides, sulfur dioxide, and carbon dioxide associated with the generation of power being offered under their respective standard offers.

(2) Methodology for determining environmental disclosure data.

(a) The environmental disclosure data, to be provided quarterly and in the annual projection, shall be verifiable. Each electric utility shall maintain documentation sufficient to demonstrate the accuracy of the environmental disclosure data.

(b) When calculating the generation resource mix for the annual projection, the electric utility shall assume that purchased energy has the same generation resource mix as the regional generation resource mix for the most recent twelve-month period of June first to May thirty-first, as provided by the electric utility's regional transmission organization or independent system operator.

(3) Timing for disclosing environmental disclosure data.

(a) Electric utilities shall annually project their environmental disclosure data for the calendar year.

(b) Electric utilities shall complete quarterly comparisons of actual to projected environmental disclosure data.

January - disclosure of projected environmental disclosure data for current calendar year.

March - disclosure of actual environmental disclosure data for the prior calendar year, compared to the projected environmental disclosure data from prior calendar year.

June - disclosure of actual environmental disclosure data for January through March of current year, compared to projected data for current calendar year.

September - disclosure of actual environmental disclosure data for January to June of current year, compared to projected data for current calendar year.

December - disclosure of actual environmental disclosure data for January through September of current year, compared to projected data for current calendar year.

(D) Environmental disclosure to the commission.

(1) Content.

Each customer shall receive environmental disclosure data, as detailed in paragraph (C) of this rule.

(2) Format.

The environmental disclosure data shall be provided in a standardized format in order to facilitate comparisons by customers. The presentation of this data shall include each of the following requirements:

(a) A pie chart consistent with the patterns set forth in appendices A and B to this rule which illustrates on a percentage basis the various generation resources, as detailed in paragraph (C)(1)(a) of this rule, used in the generation of power that is made available under the standard offer.

The percentages shall be rounded to the nearest one-half percent.

(b) A table consistent with the patterns set forth in appendices A and B to this rule which illustrates the typical environmental characteristics associated with the generation resource categories detailed in paragraph (C)(1)(a) of this rule.

(c) An air emissions bar chart, along with a regional average emission reference. The product-specific emission rates shall appear as a percentage of the average regional emission rate for each of the three types of air emissions. Percentages shall be calculated from comparison of product-specific and average regional emission rates on a basis of pounds emitted per megawatt hour.

(d) The electric utility may include other information that it feels is relevant to the required environmental disclosure data, provided this additional information is distinctly separated from the required information. The electric utility shall maintain sufficient documentation to permit verification of the accuracy of any additional information that is disclosed.

(3) Timing.

(a) Annual projection.

Consistent with the schedule presented in paragraph (C)(4) of this rule and the format depicted by appendix A of this rule, the most recent projection of environmental disclosure data shall be provided to each customer of the standard offer for generation service via a link to the EDU's webpage or the PUCO environmental disclosure information for consumers website or, at the request of the customer, a hardcopy of the data shall be provided at no cost to the customer.

(b) Quarterly comparisons of actual to projected environmental disclosure data.

The comparison of actual to projected environmental disclosure data shall be provided to customers on a quarterly basis consistent with both the schedule presented in paragraph (C)(4) of this rule and the format as depicted by appendix B to this rule.

These items will be disclosed to customers via a link to the EDU's website or the PUCO environmental disclosure information for consumers webpage or, at the request of the customer, a hardcopy of the data shall be provided at no cost to the customer.

(E) Environmental disclosure to the commission.

Each electric utility shall submit its annual projection and quarterly comparisons of environmental disclosure data to the director of the rates and analysis department or their designee consistent with the schedule presented in paragraph (C)(4) of this rule. The information provided to the staff shall be identical in content and format to that provided to customers.

(F) The generation resource mix disclosed pursuant to this rule should not be used as an indicator of an electric utility's compliance with section 4928.64 of the Revised Code.

View AppendixView Appendix

Last updated September 1, 2026 at 9:20 PM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-32 Cooperation with certified governmental aggregators.

(A) Each electric utility shall cooperate with governmental aggregators to facilitate the proper formation and functioning of governmental aggregations. Upon the request of a certified governmental aggregator or certified electric services company under contract with the governmental aggregator, the electric utility shall provide for all customers residing within the governmental aggregator's boundaries, including those customers who have opted off the pre-enrollment list, the following information:

(1) An updated list of names, account numbers, service addresses, billing addresses, rate codes, percentage of income payment plan codes, load data, and other related customer information, consistent with the information that is provided to other electric services companies, must be available in spreadsheet, word processing, or an electronic non-image-based format, with formulas intact, compatible with personal computers..

(2) An identification of customers who are currently in contract with an electric services company or in a special agreement with the electric utility.

(3) On a best efforts basis, an identification of mercantile customers.

(B) Each electric utility shall provide such customer information list to the governmental aggregator, or the electric services company under contract with the governmental aggregator, at no charge.

(C) Each electric utility shall publish charges and/or fees for services and information provided to governmental aggregators in an approved tariff filed with the commission.

(D) Each CRES provider that serves a government aggregation shall identify its customers using a government aggregation code as provided by the utility at the time of the EDU enrollment and/or change request.

(E) Unless a customer notifies the electric utility of the customer's intent not to join a governmental aggregation by responding to the confirmation notice or providing some other notice as provided by the electric utility's tariffs, the electric utility shall switch customer accounts to or from a governmental aggregation under the same processes and time frames provided in published tariffs for switching other customer accounts. A switching fee shall not be assessed to customer accounts that switch to or from a governmental aggregation.

(F) Pursuant to division (I) of section 4928.20 of the Revised Code, if the electric utility establishes a surcharge under section 4928.144 of the Revised Code, the electric utility shall charge customers that are part of a governmental aggregation only a portion of such surcharge that is proportionate to the benefits that the electric load centers within the jurisdiction of the governmental aggregation as a group receive as determined by the commission.

(G) Each electric utility shall cooperate with governmental aggregators to determine the amount of any surcharge that will be assessed to customers that are part of a governmental aggregation pursuant to division (I) of section 4928.20 of the Revised Code.

(H) If a governmental aggregator notifies the commission of its election to not receive standby service from the electric utility that is operating under an approved electric security plan during the governmental aggregation program, the electric utility shall not charge any customer that is part of that governmental aggregation for standby service. However, the electric utility shall charge any customer that returns to the electric utility for retail electric service during the governmental aggregation program the market price of power incurred by the electric utility to serve that customer plus any amount attributable to the electric utility's cost of compliance with the alternative energy resource provisions of section 4928.64 of the Revised Code to serve that customer, unless that customer becomes ineligible pursuant to paragraph (E)(1)(a) or (E)(1)(g) of rule 4901:1-21-17 of the Administrative Code, or that customer moves within the aggregation boundaries where the electric utility considers the customer that is moving to be a new customer, or the commission otherwise terminates the electric utility's electric security plan in effect during the governmental aggregation program.

Last updated November 1, 2021 at 1:36 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-33 Consolidated billing requirements.

(A) This rule applies to an electric utility that issues customers a consolidated electric bill that includes both electric utility and competitive retail electric service (CRES) provider charges for electric services. Nothing in this rule affects the obligations of the electric utility to provide disconnection notices. An electric utility cannot discriminate or unduly restrict a customer's CRES provider from including non-jurisdictional charges on a consolidated electric bill.

(B) A supplier agreement between an electric utility and a CRES provider must provide that if the electric utility collects customer payments on behalf of the CRES provider, the customer's liability to the CRES provider ceases to the extent of a payment made and applicable to the customer's CRES provider account.

(C) Consolidated bills shall be accurate and shall be rendered at monthly intervals. All consolidated customer bills issued by or on behalf of an electric utility and a CRES provider must include at least the following information:

(1) The customer's name, billing address, and service address.

(2) The electric utility's twenty-four hour, local and toll-free telephone numbers for reporting service emergencies.

(3) The dates of the service period covered by the bill.

(4) Current electric charges, separated from gas charges, if these charges appear on the same bill, but only to the extent that the biller provides both electric and gas services.

(5) Applicable billing determinants: beginning meter read, ending meter read, demand meter read, multipliers, consumption, and demand.

(6) Identification of estimated bills.

(7) Any non-recurring charge(s).

(8) Net-metered usage for customer generators, if applicable.

(9) Each charge for non-jurisdictional services, if applicable, and the name and toll-free number of each provider of such service(s).

(10) Amount due for previous billing period.

(11) Total payments and total credits applied during the billing period.

(12) Total consolidated amount due and payable, or, if applicable, the total consolidated budget bill amount.

(13) Due date for payment to keep the account current. The due date shall not be less than twenty-one days from the date of postmark.

(14) Name and address of the electric utility to which payments should be made.

(15) The following notice:

"If your complaint is not resolved after you have called your electric supplier and/or your electric utility, or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service).

The Ohio consumers' counsel (OCC) represents residential utility customers in matters before the PUCO. The OCC can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.pickocc.org."

(16) An explanation of codes and abbreviations used.

(17) At a minimum, definitions for the following terms, or like terms used by the company, if applicable: customer charge, delivery charge, estimated reading, generation charge, kilowatt hour (kWh), and late payment charge.

(18) The price-to-compare for residential bills and a notice that such customers can obtain a written explanation of the price-to-compare from their electric utility.

(D) In addition to the information required pursuant to paragraph (C) of this rule, each consolidated bill issued must include, in that portion of the bill which details the charges from the electric utility, at least the following information:

(1) Electric utility account number.

(2) Applicable rate schedule.

(3) Numerical statement of the customer's historical consumption for each of the preceding twelve months, and both the total and average consumption for such twelve-month period.

(4) Specific tariffed charges to the extent applicable: customer charge, delivery charge, and other conceptually similar tariffed charges.

(5) If the customer is on a budget plan with the electric utility only, the monthly budget amount and current balance of electric utility account.

(6) Current charges.

(7) The electric utility's toll-free telephone numbers and address for questions and complaints.

(E) In addition to the information required pursuant to paragraph (C) of this rule, each consolidated bill issued must include, in that portion of the bill which details the charges from the CRES provider, at least the following information:

(1) Customer's CRES account number, if different from the electric utility account number.

(2) To the extent applicable, itemization for each charge including, for fixed-price offers, the unit price per kWh for competitive service and, for all other offers for electric generation service, an explanation of how the rate is derived, as well as any other information the customer would need to recalculate the bill for accuracy.

(3) If the customer is on a budget plan with the CRES provider only, the monthly budget amount and the current balance of the CRES account.

(4) Current charges.

(5) A highlighted notice of any change in rates, terms, or conditions appearing on the first two consecutive bills following the occurrence of any such changes and a clear explanation of each change.

(F) Consolidated bill format. Any new consolidated bill format proposed by an electric utility shall be filed with the commission for approval. If an application for a consolidated bill format is not acted upon by the commission within forty-five calendar days after it is filed, the consolidated bill format shall be deemed approved on the forty-sixth day after filing.

(G) Transfer of customer billing information.

(1) The billing electric utility shall include in the consolidated bill all required bill content information furnished by the non-billing CRES provider.

(2) An entity ordered by the commission to provide any bill content, message, insert, or notice remains responsible to provide such information to its customers, although the information may be provided through the consolidated bill.

(H) Partial payment priority.

(1) A customer's partial payment shall be credited in the following order:

(a) Billed and past due CRES provider charges, or, if applicable, CRES provider payment arrangement or past due CRES provider budget billing.

(b) Billed and past due electric utility distribution, standard offer generation, and transmission charges or, if applicable, electric utility payment arrangement or past due electric utility budget billing.

(c) Billed and due current electric utility distribution and transmission charges or current electric utility budget billing.

(d) Billed and due current CRES provider charges or current CRES provider budget billing.

(e) Other past due and current charges for non-jurisdictional services, excluding CRES charges.

(2) Exceptions to the partial payment priority.

Payments in full of the undisputed amount related to a bona fide dispute do not constitute partial payments. Payments made on accounts for which there is a bona fide dispute shall be credited to the undisputed portion of the account.

(I) Upon the customer's switch from a CRES provider, the billing party shall identify for the customer and state on the bill the date after which the billing party will no longer remit payments to the previous CRES provider and include any outstanding balance due the previous CRES provider.

(J) Any electric utility wishing to issue consolidated billing statements online shall follow the listed guidelines:

(1) A customer shall not be required to use online billing.

(2) No enrollment or usage fees shall be assessed to a customer who chooses to receive bills and/or customer information online.

(3) The electric utility shall maintain a secure and encrypted site that is to be accessed only by the customer of record after completing a secure registration process.

(4) Any fees to accept online payments shall be clearly disclosed in payment window(s).

(5) Any payment made online shall be credited to the customer's account as of the date received.

(6) If a customer chooses to use online billing, the customer shall not be restricted to making payments online in the future. All payment methods shall continue to be available to the customer.

Last updated April 8, 2024 at 8:34 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-34 Compliance with PURPA.

(A) For purposes of this rule, the following definitions apply:

(1) "Day-ahead energy market" means the day-ahead hourly forward market in which participants offer to sell and bid to buy energy.

(2) "Locational marginal price" means the hourly integrated market clearing price for energy at the location the energy is delivered or received.

(3) "PURPA" means the Public Utility Regulatory Policies Act of 1978, as amended by the Energy Policy Act of 2005, at 16 U.S.C.S. Section 824a-3.

(4) "Qualifying facility" means a small power producer and/or cogenerator that meets the criteria specified by the federal energy regulatory commission in 18 C.F.R. Sections 292.203(a) and (b).

(5) "RTO/ISO" means the regional transmission organization or independent system operator.

(B) The purpose of this rule is to implement a standard market-based rate for electricity transactions between EDUs and qualifying facilities as provided by PURPA, specifically for small power production facilities and cogeneration facilities.

(C) Except to the extent consistent with the voluntary negotiated agreement pursuant to paragraph (I) of rule 4901:1-10-34 of the Administrative Code, the rates paid by each EDU in Ohio to purchase energy from qualifying facilities that have a net capacity of five megawatts or less shall be set in accordance with paragraph (L) of rule 4901:1-10-34 of the Administrative Code.

(D) An EDU's qualifying facility energy purchase obligation shall not be abrogated by the establishment of a power procurement auction mechanism within the EDU's standard service offer supply framework. The energy provided to the EDU by a qualifying facility supplier shall not be included as part of the product being offered through a competitive auction process.

(E) All qualifying facilities must operate their interconnected facilities pursuant to the operating requirements of the RTO/ISO and in accordance with the EDU's specifications for interconnection and parallel operation.

(F) All qualifying facilities interconnecting at the distribution level must comply with the guideless set forth in Chapter 4901:1-22 of the Administrative Code, as well as the standard interconnection agreement by the EDU.

(G) All qualifying facilities interconnected at the transmission level must comply with the RTO/ISO's policies and procedures for interconnection, including interconnection procedures for small generators.

(H) Nothing in this rule shall affect, modify, or amend the terms and conditions of any existing qualifying facility's contract with an EDU.

(I) A qualifying facility may elect to execute a negotiated contract with the EDU instead of selling the electrical output of the qualifying facility at the standard market-based rate.

(J) The terms of the contract may take into account, among other factors, a utility's system costs, contract duration, qualifying facility availability during daily or system peaks, whether the utility avoids costs from the daily or system peaks, and costs or savings from line losses. Any such contract shall be subject to approval by the commission within one hundred twenty days of its filing with the commission.

(K) The EDU or the qualifying facility may seek alternative dispute resolution of any disputes which may arise out of the EDU tariffs filed under this chapter, in accordance with Chapter 4901:1-26 of the Administrative Code.

(L) Energy payments to qualifying facilities shall be based on the locational marginal price at the RTO/ISO's pricing node that is closest to the qualifying facility's points of injection, or at a relevant trading hub or zone.

(M) The EDUs shall file a report in accordance with the market monitoring rules set forth in rule 4901:1-25-02 of the Administrative Code, detailing the qualifying facility activity in the EDU's service territory that includes the following:

(1) The name and address of each owner of a qualifying facility.

(2) The address of the location of each qualifying facility.

(3) A brief description of the type of each qualifying facility.

(4) The date of installation and the on-line date of each qualifying facility.

(5) The design capacity of each qualifying facility.

(6) A discussion identifying any qualifying facility that was denied interconnection by the EDU, including a statement of reasons for such denial.

Last updated April 8, 2024 at 8:34 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-35 Disclosures of renewable energy resource, energy efficiency, and peak demand reduction compliance costs.

(A) For purposes of this rule, the following definitions apply:

(1) "Energy efficiency" has the meaning set forth in paragraph (N) of rule 4901:1-39-01 of the Administrative Code.

(2) "Renewable energy resource" has the meaning set forth in division (A)(37) of section 4928.01 of the Revised Code.

(B) Each electric distribution utility (EDU) shall list on all customer bills sent by the EDU, the individual customer cost of compliance for paragraphs (B)(1), (B)(2), and (B)(3) of this rule for the applicable billing period. Consolidated bills set by the EDU, which include supplier charges, shall include the EDU's individual customer cost of compliance for paragraphs (B)(1), (B)(2) and (B)(3) of this rule for the applicable billing period.

(1) The renewable energy resource requirement under section 4928.64 of the Revised Code. This cost shall be calculated as the sum of the following:

(a) The customer's usage in megawatt-hours for the applicable billing period, multiplied by the statutory solar percentage requirement pursuant to division (B)(2) of section 4928.64 of the Revised Code for the year in which the bill is issued, multiplied by the average of the Ohio solar and other solar renewable energy credit (REC) costs for EDUs as reported in the commission's most recent compliance report provided to the general assembly; and

(b) The customer's usage in megawatt-hours for the applicable billing period, multiplied by the statutory non-solar percentage requirement pursuant to division (B)(2) of section 4928.64 of the Revised Code for the year in which the bill is issued, multiplied by the average of the Ohio non-solar and other non-solar REC costs for EDUs as reported by the commission's most recent compliance report provided to the general assembly. The statutory non-solar requirement shall equal the total statutory renewable requirement net of the solar requirement.

(c) In the event that the commission's compliance report provided to the general assembly does not include separate REC costs for Ohio and other resources, the EDU solar and EDU non-solar REC costs as presented in the report should be inserted into the calculation where applicable.

(2) The energy efficiency savings requirements under section 4928.66 of the Revised Code. This cost shall be calculated as follows:

(a) The customer's usage in kilowatt-hours for the applicable billing period multiplied by the currently effective energy efficiency/peak demand reduction rider that is applicable to the customer, exclusive of any amounts related to collection of lost distribution revenue.

(b) The amount from paragraph (B)(2)(a) of this rule shall be multiplied by the proportion of the energy efficiency/peak demand reduction rider that is associated with energy efficiency savings requirement compliance costs. For purposes of calculating this proportion, all costs represented in the energy efficiency/peak demand reduction rider shall be allocated either to energy efficiency requirements compliance or peak demand reduction requirements compliance. Alternatively, the EDU may multiply the amount from paragraph (B)(2)(a) of this rule by eighty per cent.

(3) The peak demand reduction requirements under section 4928.66 of the Revised Code. This cost shall be calculated as follows:

(a) The customer's usage in kilowatt-hours for the applicable billing period shall be multiplied by the currently effective energy efficiency/peak demand reduction rider that is applicable to the customer, exclusive of any amounts related to collection of lost distribution revenue.

(b) The amount from paragraph (B)(3)(a) of this rule shall be multiplied by the proportion of the energy efficiency/peak demand reduction requirement rider that is associated with peak demand reduction requirements compliance costs. For the purpose of calculating this proportion, all costs represented in the energy efficiency/peak demand reduction rider shall be allocated either to the energy efficiency requirements compliance or peak demand reduction requirements compliance. Alternatively, the EDU may multiply the amount from paragraph (B)(3)(a) of this rule by twenty per cent.

(4) Each of these costs shall be listed on each customer's monthly bill as a distinct line item.

Last updated April 8, 2024 at 8:34 AM

History

Effective: April 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-36 Expedited Return of Mercantile Customers to Standard Service Offer.

(A) Upon receiving a complete certified request form from a CRES provider for a mercantile customer, the electric utility will complete the request within three business days, regardless of billing cycle.

(B) If the certified request form is incomplete or if the utility determines that the customer in question is not a mercantile customer, the electric utility may process the return to the standard offer pursuant to paragraph (H) of rule 4901:1-10-29 of the Administrative Code.

(C) The electric utility cannot be held liable for any disputes arising from the expedited return to the utility's standard service offer, provided the utility acts in accordance with these rules. The electric utility will refer any mercantile customer complaint concerning this process to the PUCO call center.

(D) The utility may recover the administrative costs of processing requests under paragraph (A) of this rule through reasonable fees assessed to CRES providers as set forth in the electric utility's tariff and approved by the commission.

Last updated July 20, 2026 at 10:40 AM

History

Effective: July 20, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-10-37 Mercantile customer self-power system.

(A) An EDU cannot disallow mercantile customer self-power systems from providing electric generation service to one or more mercantile customers in the EDU's service territory.

(B) If an EDU receives a request to interconnect a mercantile customer self-power system to the EDU's electric distribution system, the EDU will follow the processes set forth in Chapter 4901:1-22 of the Administrative Code and the EDU's uniform interconnection service tariff approved by the commission.

(C) An EDU may charge a mercantile customer member for distribution, generation, or transmission services used by the mercantile customer member.

Last updated July 20, 2026 at 10:41 AM

History

Effective: July 20, 2026
Promulgated Under: 111.15

Chapter 4901:1-12 Ohio Coal Research and Development Rate

Ohio Adm.Code 4901:1-12-01 Definitions.

(A) "Commission" means the public utilities commission.

(B) "Gas company" and "natural gas company" have the meanings set forth in section 4905.03 of the Revised Code.

(C) "Ohio coal research and development cost adjustment" means a provision in a schedule of a gas or natural gas company that requires or allows the company to, without adherence to section 4909.18 or 4909.19 of the Revised Code, recover on a uniform basis per unit of sales Ohio coal research and development costs, determined to be reasonable by the commission.

(D) "Ohio coal research and development costs" has the same meaning as in section 4905.01 of the Revised Code.

(E) "Ohio coal research and development project" means any coal research and development, or any coal research and development facility with all or a part of the cost thereof being paid from a loan or grant from the Ohio coal development office or a loan guaranteed by the office under division (C) of section 1555.01 of the Revised Code.

(F) "Ohio coal research and development rate" means the updated semiannual research and development cost adjustment determined in accordance with rule 4901:1-12-06 of the Administrative Code.

(G) "Mcf" means a unit of gas equal to one thousand cubic feet.

(H) "Ccf" means a unit of gas equal to one hundred cubic feet.

(I) "Customer" means each billing account of a gas or natural gas company.

(J) "Total sales" means all sales of includable gas supplies to retail customers. "Total sales" does not include volumes transported to consumers under self-help arrangements.

(K) "Jurisdictional sales" means total sales, less sales to customers under municipal ordinances rates, except sales under municipal ordinances which have adopted, by reference or otherwise, rates established by the commission.

(L) "Reconciliation adjustment" means a positive or negative adjustment to future Ohio coal research and development recovery rates ordered by the commission pursuant to rule 4901:1-12-06 of the Administrative Code.

Last updated May 11, 2026 at 12:57 PM

History

Effective: June 15, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-12-02 Purpose.

(A) The purpose of this chapter is to:

(1) Establish a uniform Ohio coal research and development cost recovery clause to be included in the schedules of gas and natural gas companies subject to the jurisdiction of the commission.

(2) Establish an Ohio coal research and development cost recovery process, which is designed to separate the cost of Ohio coal research and development projects from all other costs incurred by gas or natural gas companies.

(3) Provide for each gas or natural gas company's recovery of the cost of its includable Ohio coal research and development expenditures from its customers by means of the semiannual updated Ohio coal research and development rate and other provisions of this chapter.

(B) The provisions of this chapter also:

(1) Establish investigative procedures and proceedings, including periodic reports, audits, and hearings to examine the reasonableness and the arithmetic and accounting accuracies of the Ohio coal research and development costs reflected in each gas or natural gas company's cost recovery rate; and

(2) Review each gas or natural gas company's policies to the extent that those policies affect the Ohio coal research and development projects and the recovery of costs associated therewith.

Last updated May 11, 2026 at 12:57 PM

History

Effective: November 17, 2016
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-12-03 Scope.

(A) Once the Ohio coal development office approves a coal research and development project for the purpose of section 4905.304 of the Revised Code, the director of the coal development office is to submit to the commission a report recommending that the commission allow the recovery of costs associated with the facility or project including the reasons for the recommendation. Such a report shall include the total cost of the project and the part of the costs thereof being paid from a loan, loan guarantee, or grant.

(B) Once the report has been received by the commission and the recommendation by the director has been accepted by the commission, the gas or natural gas company may apply for the recovery of reasonable costs associated with the project and incurred since the approval by the coal development office less any expenditures of grant moneys, to be recovered under section 4905.304 of the Revised Code.

Last updated May 11, 2026 at 12:57 PM

History

Effective: June 15, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-12-04 Applicability.

(A) The provisions of this chapter shall apply to any gas or natural gas company subject to the jurisdiction of the commission, with respect to the establishment or approval by the commission of a uniform rate or provision pursuant to section 4905.304 of the Revised Code, and as provided under paragraph (A) of rule 4901:1-12-06 of the Administrative Code.

(B) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

Last updated May 11, 2026 at 12:57 PM

History

Effective: June 15, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-12-05 Semiannual reports.

(A) Semiannual reports.

Each gas or natural gas company subject to the provisions of this chapter shall submit semiannual Ohio coal research and development reports. The semiannual report shall include the data required by the Ohio coal research and development cost form to calculate the Ohio coal research and development rate as specified in paragraphs (B), (C), and (D) of rule 4901:1-12-06 of the Administrative Code.

Last updated May 11, 2026 at 12:58 PM

History

Effective: June 15, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-12-06 Ohio coal research and development rate.

(A) The Ohio coal research and development component equals the costs to be recovered less the costs to be refunded.

(1) Costs to be recovered: Each gas or natural gas company for which Ohio coal research and development projects or facilities are recommended to and accepted by the commission pursuant to division (B)(7) of section 1551.33 of the Revised Code shall recover those reasonable incurred costs associated with projects for the reporting period, less any expenditures of grant moneys. The coal research and development costs to be included shall equal the reasonable coal research and development costs incurred. These costs include all reasonable costs incurred through the most recent month for which actual data is available at the time of filing the initial application allowed by paragraph (B) of rule 4901:1-12-03 of the Administrative Code and each subsequent semiannual report required by paragraph (B) of rule 4901:1-12-05 of the Administrative Code, which costs have not been included previously in the gas or natural gas company's Ohio coal research and development component as a cost to be recovered.

(2) Costs to be refunded: Each gas or natural gas company shall refund all rents, royalties, income or other profits received by the company as a result of the developments, discoveries, or inventions, including patents or copyrights, which result in whole or in part from coal research and development projects and/or facilities in proportion to the share of ratepayer financing to the project.

(B) Each gas or natural gas company shall calculate and apply to the Ohio coal research and development rate reconciliations to correct for under-or-over-recoveries of the Ohio coal research and development component due to differences in sales volumes expected and delivered during the billing period, as well as any adjustments ordered by the commission.

(C) The Ohio coal research and development rate equals the Ohio coal research and development component plus or minus any adjustments or reconciliations, divided by the total sales of the gas or natural gas company for the six monthly billing periods commencing on or after the date one year prior to the effective date of the filing.

(D) The Ohio coal research and development rate shall be calculated on a companywide basis, and shall be expressed on a dollars and cents per Mcf basis.

Last updated May 11, 2026 at 12:58 PM

History

Effective: November 17, 2016
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-12-07 Customer billing.

(A) Unless otherwise ordered by the commission, the semiannual updated Ohio coal research and development rate filed in accordance with rule 4901:1-12-05 of the Administrative Code shall become effective and shall be applied to customer bills for service rendered on or after the thirtieth day following the filing date established by the commission, or, at the option of the gas or natural gas company, on or after the first day of the month following the thirtieth day after the filing date established by the commission. The commission may at any time order a reconciliation adjustment as a result of errors or erroneous reporting.

(B) Each gas or natural gas company shall indicate on each customer bill:

(1) The Ohio coal research and development rate expressed in dollars and cents per Mcf or Ccf.

(2) The total charge attributable to the Ohio coal research and development rate expressed in dollars and cents.

Last updated May 11, 2026 at 12:58 PM

History

Effective: October 10, 2011
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-12-08 Audits and hearings.

(A) The commission shall examine the Ohio coal research and development costs incurred by the gas or natural gas company once every six months in proceedings limited to that purpose. The company must file with the commission all of the information filed with the coal development office, including the semiannual project progress reports. All costs incurred on the project during the period to be considered are to be itemized in accordance with the uniform system of accounts. These costs shall delineate total costs, costs/expenditures of grant moneys, and costs requested to be recovered. This information shall be submitted concurrently with the semiannual report required by paragraph (B) of rule 4901:1-12-05 of the Administrative Code.

(B) The commission may hold a hearing to examine the report and recommendations submitted by the director of the Ohio coal development office, all facts, data, and other information pertinent to the coal research and development costs.

(C) The commission shall conduct or cause to be conducted periodic audits of each gas or natural gas company subject to the provisions of this chapter.

Last updated May 11, 2026 at 12:58 PM

History

Effective: June 15, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-12-09 Tariffs.

Each gas or natural gas company desiring to avail itself of the provisions of this chapter shall file tariffs with the commission, which incorporate this rule in its entirety.

Last updated May 11, 2026 at 12:58 PM

History

Effective: November 17, 2016
Promulgated Under: 111.15

Chapter 4901:1-13 Gas Companies

Ohio Adm.Code 4901:1-13-01 Definitions.

As used in this chapter:

(A) "Bona fide dispute" means a reasonable dispute registered with the commission's call center or a formal complaint filed with the commission's docketing division.

(B) "Business day" means, for purposes of initiation or installation of service, a day when a gas or natural gas company performs regularly scheduled installation and, for all other purposes, a day when the provider observes regularly scheduled customer service office hours.

(D) "Company" means a gas or natural gas company as defined in section 4905.03 of the Revised Code.

(E) "Consumer" means any person who receives service from a gas or natural gas company.

(F) "Competitive retail natural gas service" or "CRNGS" has the meaning set forth in section 4929.01 of the Revised Code.

(G) "Customer" means any person who has an agreement, by contract and/or tariff, with a gas or natural gas company to receive service or any person who requests or makes application for service from a gas or natural gas company.

(H) "Customer account information" has the meaning set forth in division (A) of section 4929.222 of the Revised Code.

(I) "Customer premises" means the residence(s), building(s), or office(s) of a customer.

(J) "Fraudulent practice" means an intentional misrepresentation or concealment of a material fact that the gas or natural gas company relies on to its detriment. Fraudulent practice does not include tampering or unauthorized reconnection of gas service.

(K) "Gas company" means a company that meets the definition of a gas company set forth in section 4905.03 of the Revised Code and that also meets the definition of a public utility under section 4905.02 of the Revised Code.

(L) "Governmental aggregator" has the meaning set forth in section 4929.01 of the Revised Code.

(M) "Manometer" means an instrument for measuring the pressure of gas or natural gas.

(N) "Natural gas company" means a company that meets the definition of a natural gas company set forth in section 4905.03 of the Revised Code and that also meets the definition of a public utility under section 4905.02 of the Revised Code.

(O) "Nonresidential gas service" means a gas or natural gas service provided to any location where the use is primarily of a business, professional, institutional, or occupational nature.

(P) "Person" includes an individual, corporation, company, co-partnership, association, or joint venture.

(Q) "Postmark" means a mark, including a date, stamped or imprinted on a piece of mail which serves to record the date of its mailing. For electronic mail, postmark means the date the electronic mail was transmitted.

(R) "Pounds per square inch gauge" refers to a measurement when testing gas pressure.

(S) "Residential gas service" means a gas or natural gas service provided to any location where the use is primarily of a domestic nature.

(T) "Retail natural gas supplier" has the meaning set forth in section 4929.01 of the Revised Code.

(U) "Slamming" means the transfer of or requesting the transfer of a customer's competitive natural gas service to another provider without obtaining the customer's consent.

(V) "Small commercial customer" means a commercial customer which is not a mercantile customer under division (L) of section 4929.01 of the Revised Code.

(W) "Small gas company" means a gas company serving seventy-five thousand or fewer customers.

(X) "Small natural gas company" means a natural gas company serving seventy-five thousand or fewer customers.

(Y) "Tampering" means to interfere with, damage, or bypass a utility meter, gas line, or gas facilities with the intent to impede the correct registration of a meter or the proper functions of a gas line or gas facilities so far as to reduce the amount of utility service that is registered on or reported by the meter. Tampering includes the unauthorized reconnection of a utility meter, gas line, or gas facility that has been disconnected by the utility.

Last updated September 25, 2026 at 9:09 AM

History

Effective: October 5, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-13-02 Purpose and scope.

(A) The rules in this chapter:

(1) Apply to investor-owned gas or natural gas companies, as defined in this chapter.

(2) Are intended to promote reliable service to consumers and the public, and to provide minimum standards for uniform and reasonable practices.

(3) Unless otherwise specified, apply to both residential and nonresidential gas or natural gas service.

(B) The commission may, in addition to the rules in this chapter, order gas or natural gas companies to furnish other or additional service, equipment, and facilities upon any of the following:

(1) The resolution of a commission-ordered investigation.

(2) Formal or informal commission resolution of a complaint.

(3) The application of any gas or natural gas company.

(C) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

(D) Except as set forth in this rule, the rules of this chapter supersede any inconsistent provisions, terms, and conditions of the gas or natural gas company's tariffs. A gas or natural gas company may adopt or maintain tariffs providing superior standards of service, reliability, or greater protection for customers or consumers. Further, a gas or natural gas company may adopt or maintain tariff provisions which involve other areas not addressed by the rules of this chapter.

(E) When a gas or natural gas company in a complaint proceeding under section 4905.26 of the Revised Code demonstrates compliance with the relevant service or performance standard of this chapter, a rebuttable presumption is created that the gas or natural gas company is providing adequate service regarding that standard. Such presumption applies solely to the specific standard addressed by the commission for the time period at issue in the complaint proceeding. No such presumption is created merely by compliance with any reporting requirement of this chapter. In addition, to the extent the service and performance standards in this chapter are based on system-wide data, no such rebuttable presumption is applicable to complaints regarding the adequacy of service provided either to individual customers or consumers or to any segment of the system of a gas or natural gas company.

(F) Each citation contained with this chapter that is made to a section of the United States code or a regulation in the code of federal regulations is intended, and serves, to incorporate by reference the particular version of the cited matter that was effective at the time of the effective date of this rule.

(G) No tariff of a gas or natural gas company shall incorporate exculpatory clauses that purport to limit or eliminate liability on the part of the gas or natural gas company as a result of its own negligence when providing a regulated service. .

Last updated September 19, 2023 at 1:39 PM

History

Effective: September 18, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-13-03 Retention of records and access to records and business activities.

(A) The regulations governing the retention and preservation of gas or natural gas company records are set forth in the appendix to rule 4901:1-9-06 of the Administrative Code.

(B) Unless otherwise specified in this chapter, each gas or natural gas company shall maintain records for three years that are sufficient to demonstrate compliance with the rules of this chapter.

(C) Access to records and business activities includes such records and activities as would allow the commission staff to effectively monitor Ohio-specific customer calls made to the gas or natural gas company. Access includes the ability of commission staff to adequately monitor gas or natural gas company customer call center interactions with Ohio customers either at a location in Ohio or in a manner agreed to by the commission staff. Gas and natural gas companies, other than small gas and small natural gas companies, shall provide access to monitor customer/consumer calls without the customer service representative's knowledge of the monitoring.

(D) Each gas or natural gas company (for records retention related to competitive retail natural gas services) shall establish and maintain records and data sufficient to:

(1) Verify its compliance with the requirements of any applicable commission rules.

(2) Support any investigation of customer complaints.

Last updated September 19, 2023 at 1:40 PM

History

Effective: September 18, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-13-04 Metering.

(A) Service provided by a gas or natural gas company shall be metered, except where it is impractical to meter the gas usage, such as in street lighting and temporary or special installations. The usage in such exceptions may be calculated or billed in accordance with an approved tariff on file with the commission.

(B) A customer's usage shall be metered by commercially acceptable measuring devices.

(D) Meter test at customer's request.

(1) Upon request by a customer, the company shall test its meter to verify its compliance with section 4933.09 of the Revised Code, within thirty business days after the date of the request.

(2) The customer or the customer's representative has the right to be present when the meter test is performed at the customer's request. .

(3) A written explanation of the test results shall be provided to the customer within ten business days of the completed test.

(4) Each company shall notify the customer of applicable tariff charges prior to the test. .

(5) If the accuracy of the meter is found to be outside the tolerances specified in section 4933.09 of the Revised Code, the gas or natural gas company shall do all of the following:

(a) Not charge a fee or recover any testing expenses from the customer.

(b) Provide a properly functioning meter without charge to the customer.

(c) Within thirty days, pay or credit, at the customer's discretion, any overpayment to the customer, in accordance with one of the following billing adjustments:

(i) When the company or customer has reasonably established the approximate period of meter inaccuracy, the overcharge shall be computed on the basis of a customer's metered usage prior and/or subsequent to such period consistent with the rates in effect during that period.

(ii) When the company and customer cannot reasonably establish the approximate period of meter inaccuracy, the overcharge period shall be determined to be the most recent twelve months, or the period since the date of the most recent meter test performed, whichever is less. The rates applicable shall be those in effect during the period of inaccuracy in order to determine the appropriate credit or refund.

Paragraph (D)(5) of this ruledoes not apply in the event there has been either tampering with or unauthorized reconnection of the meter, metering equipment, or other property of the gas or natural gas company during the involved period of time, where such activity causes meter or metering inaccuracies or no measurement of service.

(E) Each gas or natural gas company shall identify each customer meter that it owns, operates, or maintains, by serial or assigned meter numbers and/or letters, placed in a conspicuous position on the meter.

(F) In accordance with the records retention schedules set forth in the appendix to rule 4901:1-9-06 of the Administrative Code, each gas or natural gas company shall maintain all of the meter test records for two years or until the next superseding test, whichever is longer.

(G) Meter reading.

(1) Each gas or natural gas company shall obtain actual readings of its customer meters at least once every twelve months. At a minimum, each company shall make reasonable attempts to obtain actual readings of its customer meters every other month, except where the customer and the company have agreed to other arrangements. Meter readings taken by electronic means (i.e., automated meter reading equipment) are considered actual readings. While remote meter index equipment readings may be used by a company, they do not qualify as actual meter readings. Once operationally feasible, actual meter reads shall be performed by the company on a monthly basis when automatic meter reading equipment is installed in a specific geographic area of the company.

(2) When a gas or natural gas company has undercharged any residential customer as the result of a meter or metering inaccuracy, billing problem, or other continuing problem under the gas or natural gas company's control, the company may only bill the customer for the amount of the unmetered gas rendered in the three hundred sixty-five days immediately prior to the date the company remedies the meter inaccuracy. Customers shall be notified by the gas or natural gas company of their right to have twelve months to pay, in equal installments, any undercharge for unmetered gas service.

(3) When a gas or natural gas company has undercharged any small commercial customer as the result of a meter or metering inaccuracy, billing problem, or other continuing problem under the gas or natural gas company's control, unless the customer and the company agree otherwise, the maximum portion of the undercharge that may be billed to the small commercial customer in any billing month, based upon the appropriate rates, is determined by dividing the amount of the undercharge by the number of months of undercharged service. The company may only bill the customer for the amount of the unmetered gas rendered in the thirty-six month period immediately prior to the date the company remedies the meter inaccuracy. Each gas or natural gas company shall state the total amount to be collected in the first bill under this rule. This paragraph does not affect the gas or natural gas company's recovery of regular monthly charges.

(4) This rule does not apply in the event there has been either the tampering with or the unauthorized reconnection of the meter, metering equipment, or other property of the gas or natural gas company during the involved period of time, where such activity causes meter or metering inaccuracies or no measurement of service.

(5) Upon the customer's request, and in addition to the requirements of paragraph (G)(1) of this rule, the gas or natural gas company shall provide two actual meter readings, without charge, per calendar year. The customer may only request an actual meter reading, without charge, if the customer's usage has been estimated for more than two of the immediately preceding billing cycles consecutively or if the customer has reasonable grounds to believe that the meter is malfunctioning. Nothing in the preceding sentence is intended to limit a customer's ability to obtain a meter reading prior to transferring service to a new retail natural gas supplier or governmental aggregator as provided by paragraph (J) of rule 4901:1-29-06 of the Administrative Code.

(6) Each gas or natural gas company is required to do an actual meter reading at the initiation and/or the termination of service if the meter has not been read within the immediately preceding seventy days and access to the meter is provided.

(7) If a gas or natural gas company has read the meter within the immediately preceding seventy days, it shall inform the customer, when the customer contacts the company to initiate or terminate service, of the customer's right to have an actual meter read at no charge to the customer.

(8) When a meter reading is scheduled through a menu-driven, automated, interactive answering system that allows the customer to interact electronically rather than through a live person, the gas or natural gas company shall provide confirmation (e.g., order confirmation number, written letter) to the customer by the following business day, verifying the nature of the interaction and any appointment made.

(9) Where there is a landlord/tenant relationship and neither the gas or natural gas company nor the customer has access to the meter, the gas or natural gas company shall render notice by mail to both the landlord, when the address is available, and the tenant, summarizing its inability to obtain access to the meter for any of the provisions of this rule.

Last updated September 19, 2023 at 1:40 PM

History

Effective: September 18, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-13-05 Minimum customer service levels.

(A) Service initiation and upgrades. Each gas or natural gas company shall complete the installation of new service as set forth in this paragraph. Percentages shall be calculated as monthly averages.

(1) Ninety per cent of residential and small commercial new service requests requiring no installation of gas pipelines shall comply with either one of the following requirements:

(a) Requests will be completed within three business days after the gas or natural gas company has been notified that the customer's service location is ready for service.

(b) Requests will be completed by the requested installation date, when a customer requests an installation date more than three business days after the customer's service location is ready for service.

(2) Ninety per cent of residential and small commercial new service requests requiring installation of the service line, including the setting of the meter, shall comply with either one of the following requirements:

(a) Requests will be completed within twenty business days after the gas or natural gas company has been notified that the customer's service location is ready for service.

(b) Requests will be completed by the requested installation date, when a customer requests an installation date more than twenty business days after the customer's service location is ready for service.

Paragraph (A)(2) of this rule does not apply to main line extension installations. For residential and small commercial customers placing requests for new service that require installation of main line extensions, the gas or natural gas company shall contact the customer within thirty days with an estimate of the cost of the main line extension and the amount, if any, of a deposit. In addition, the gas or natural gas company shall provide an estimated date to complete the main line extension.

(3) Prior to initial operation or reestablishment of residential or nonresidential gas service (including after an outage), the gas piping downstream of the meter shall be tested to determine that no leaks exist. Testing may be accomplished by pressure testing or dial testing as set forth in paragraphs (A)(3)(a) to (A)(3)(d) of this rule.

(a) When pressure testing, the test pressure shall be measured with a manometer or with a pressure measuring device of equal sensitivity and accuracy designed and calibrated to read, record, or indicate a pressure loss due to leakage during the pressure test period.

(b) For new house lines at new installations, a pressure test shall be conducted at no less than one and one-half times the proposed maximum working pressure, but not less than three pounds per square inch gauge (PSIG). Consideration shall be given to accommodate the manufacturer's inlet pressure specifications for connected appliances. Appliances may need to be isolated during the pressure test to prevent damage. All appliance drops shall be tested at a minimum of operating pressure. The test duration shall be no less than one-half hour for each five hundred cubic feet of pipe volume or fraction thereof. When testing a system having a volume less than ten feet or a system in a single-family dwelling, the test duration shall be a minimum of ten minutes. The duration of the test shall not be required to exceed twenty-four hours.

(c) For existing house lines when reestablishing gas service, a pressure test shall be conducted at operating pressure for a duration of no less than three minutes. When gas service has been off for less than thirty days (such as, during an outage), a dial test at operating pressure may be used in place of a pressure test. The duration of the dial test shall be no less than: five minutes for meters which have minimum registering dials showing one-fourth or one-half cubic foot; seven minutes for meters that have a minimum registering dial showing one cubic foot; ten minutes for meters that have a minimum registering dial showing two cubic feet; twenty minutes for meters that have a minimum registering dial showing five cubic feet; and thirty minutes for meters that have a minimum registering dial showing ten cubic feet.

(d) Prior to the reestablishment of service when gas has been disconnected or discontinued in a service line, the service line shall be tested in accordance with 49 C.F.R. 192, effective as of the date set forth in paragraph (G) of rule 4901:1-13-02 of the Administrative Code. Bare steel services operating at a pressure less than one PSIG shall be tested at a minimum of ten PSIG for a duration of no less than five minutes. Bare steel service lines that have been previously abandoned shall not be returned to service. For purposes of this rule, "abandoned" means pipe that was not intended to be used again for supplying of gas or natural gas, including a deserted pipe that is closed off to future use.

(4) If a residential or small commercial customer complies with all pertinent tariff requirements and the gas or natural gas company cannot complete the requested service installation or service upgrade as set forth in paragraph (A)(1) or (A)(2) of this rule, the gas or natural gas company shall promptly notify the customer of the delay, the reasons for the delay, the steps being taken to complete the work, and the probable completion date. If a rescheduled completion date cannot be met, the customer shall be promptly notified. If the rescheduled completion date is delayed more than three business days, notification shall be given to the customer, either in writing or in a manner agreed upon by the parties, stating the reasons for the delay, the steps being taken to complete the work, and the new rescheduled completion date. Each subsequent missed completion date shall count as a missed service installation or upgrade for purposes of calculating performance under paragraph (A)(1) or (A)(2) of this rule.

(5) If the gas or natural gas company fails to complete the requested service installation or upgrade as set forth in paragraph (A)(1) or (A)(2) of this rule, as a result of a military action, war, insurrection, riot or strike or a failure by the residential or small commercial customer or the customer's agent to provide access to the premises when necessary, such failure shall be reported but not be included in the monthly percentage calculation for this rule. Each gas or natural gas company must justify and document in its records each instance where it applied any of the exceptions listed in this paragraph.

(B) Telephone response. On an average monthly basis, each gas or natural gas company's average answer time for customer service calls made to its customer service telephone number shall not exceed ninety seconds. A gas or natural gas company shall set its queue to minimize the number of disconnected calls and busy signals. The requirements in this paragraph do not apply to small gas and natural gas companies.

(1) As used in this paragraph, "answer" means the service representative or automated system is ready to render assistance and/or accept the information necessary to process the call. Acceptance of an automated call back feature by a caller, allowing a caller to pick a later time to be called by a live company representative, satisfies the definition of answer.

(2) Answer time shall be measured from the first ring at the gas or natural gas company or, for companies using a menu-driven, automated, interactive answering system, at the point when the caller begins to wait in queue.

(3) When a gas or natural gas company utilizes a menu-driven, automated, interactive answering system (referred to as the system), the initial recorded message presented by the system to the caller shall only identify the company and the general options available to the caller. The system should include the option of being transferred to a live attendant by selecting a zero on the phone or by following another prompt in the first or second tier of caller options. At any time during the call, the caller shall be transferred to a live attendant if the caller fails to interact with the system for a period of fifteen seconds following any prompt or if the customer pushes zero or equivalent prompt indicated in the first or second tier. Calls handled exclusively by an automated system shall be included in the answer time measurement.

(4) Callers shall not be delayed from reaching the queue by any promotional or merchandising material not selected by the caller.

(1) The gas or natural gas company shall provide all customers with an expected company arrival time window of four hours or less for all appointments requiring the customer to be present, except when reconnecting pursuant to rule 4901:1-18-07 of the Administrative Code.

(2) On an average monthly basis, each gas or natural gas company shall complete ninety-five per cent of the scheduled appointments with its customers.

(3) If the gas or natural gas company offers a call-ahead process to confirm its imminent arrival at an appointment and the customer has requested telephonic or electronic notification of the company's imminent arrival, the company must:

(a) At the time the company offers the call-ahead process, inform the customer that, if the customer does not respond to the notification, the appointment may be cancelled.

(b) Attempt to notify the customer at least twice before the company may consider the appointment to have been cancelled by the customer if the customer does not respond to the notification. The company's second notification to the customer shall not be placed sooner than ten minutes after the first attempt to notify the customer.

(4) When the gas or natural gas company will not be able to meet a scheduled appointment with a customer, the company shall reasonably attempt to notify the customer in advance of the failure to meet the appointment and arrange either:

(a) A next business day appointment (following the date of the missed appointment) with no expected arrival time window; or

(b) A four-hour window appointment within two business days after the date of the missed appointment.

(5) If the gas or natural gas company considers an appointment cancelled by the customer, or the customer cancels an appointment, the company shall offer the customer either:

(a) A next business day appointment with no expected arrival time window; or

(b) A four-hour window appointment within two business days after the customer contacts the company to reschedule.

(D) If the gas or natural gas company repairs customer service lines, the company shall complete the repair of service-line leaks that require service shutoff by the end of the next day after the service has been shut off for residential and small commercial customers, unless the company is unable to perform the repair or replacement due to lack of access or unsafe working conditions. At the customer's request, the customer and the company may agree upon a mutually acceptable timeframe for the completion of repairs or replacement requiring either a discontinuance of service or a scheduled discontinuation. On an average monthly basis, each gas or natural gas company shall complete ninety-five per cent of these repairs by the end of the next day after the service has been shut off.

(E) Reporting requirements.

(1) When a gas or natural gas company does not meet the minimum service level set forth in paragraph (A), (B), (C), or (D) of this rule, for any two consecutive months, the gas or natural gas company shall notify the director of the commission's service monitoring and enforcement department or the director's designee in writing within thirty days after such failure. Any failure to report the lack of compliance with the minimum service levels set forth in paragraph (A), (B), (C), or (D) of this rule constitutes a violation of this rule.

(2) By March thirty-first of each year, each gas or natural gas company shall submit an annual report to the director of the commission's service monitoring and enforcement department, setting forth the company's actual monthly customer service performance data during the previous calendar year as compared with each of the minimum service levels set forth in paragraphs (A), (B), (C), and (D) of this rule.

Last updated September 19, 2023 at 1:40 PM

History

Effective: September 18, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-13-06 Provision of customer rights and obligations.

(A) Each gas or natural gas company shall prominently post on its website and shall provide new customers, upon application for service, and existing customers upon request, a written summary of their rights and obligations under this chapter. For purposes of this rule, "new customer" means a customer who opens a new account and has not received the current version of the summary information.

(B) At a minimum, the summary information shall include the following items:

(1) Complaint procedures available at the gas or natural gas company and the commission.

(2) Customer rights and responsibilities including installation of service, payment of bills, disconnection and reconnection of service, meter testing, security deposits, usage history, deferred payment plans, low-income assistance, information relating to the area's "one-call" or "call-before-you-dig" protection services, and service line responsibilities.

(3) Requirements applicable to company personnel on customer premises.

(4) Availability of rate information and alternatives upon request.

(5) A statement that customers may review a copy of the minimum gas service standards on the commission's website or obtain a copy from the commission upon request.

(6) Privacy rights.

(7) Actual meter readings.

(8) Gas choice programs available to its customers, including information on slamming.

(9) Instructions on how to get further information orally or in writing.

"If your complaint is not resolved after you have called (name of utility), or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service).

Last updated September 19, 2023 at 1:40 PM

History

Effective: September 18, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-13-07 Employee identification.

Any gas or natural gas company authorized agent seeking access to a premises shall, upon request, provide company photo identification, and state the reason for the visit.

Last updated September 19, 2023 at 1:41 PM

History

Effective: September 18, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-13-08 Standards specific to the provision of small commercial gas service.

This rule addresses standards involving creditworthiness, deposits, bases for denial or disconnection, notice requirements and reconnection for small commercial customers.

(A) Creditworthiness for establishing small commercial gas service.

(1) Each gas or natural gas company shall establish equitable and nondiscriminatory written procedures to determine creditworthiness of customers for small commercial gas service.

(2) Upon request, each gas or natural gas company shall provide small commercial gas service customers with their credit history with that company, a copy of this rule, the commission's website, and the toll-free number of the commission's consumer hotline. Hearing or speech impaired customers may contact the commission via 7-1-1 (Ohio relay service).

(B) Deposits for establishing and reestablishing small commercial gas service.

(1) Review of deposit upon small commercial customer request.

(a) Each gas or natural gas company which requires a cash deposit shall communicate all of the following to the small commercial customer:

(i) The reason(s) for its decision.

(ii) The options available to establish credit.

(iii) That the small commercial customer may contest the company's decision and show creditworthiness.

(iv) That the small commercial customer may raise concerns with the public utilities commission of Ohio, which has staff available to provide assistance with complaints.

(v) The commission's website and the toll-free number of the commission's call center. Hearing or speech impaired customers may contact the commission via 7-1-1 (Ohio relay service).

(b) Upon request of the small commercial customer, the information in paragraph (B)(1)(a) of this rule shall be provided in writing.

(2) Upon acceptance of a deposit under this rule, each gas or natural gas company shall furnish a receipt to the small commercial customer, showing all of the following: the name of the small commercial customer; the address of the premises currently served or to be served; the billing address for service; the amount of the deposit; a statement as to the interest rate to be paid; the length of time the deposit must be held to qualify for interest; and the conditions for refunding the deposit.

(3) In retaining and returning deposits for small commercial gas service, the gas or natural gas company shall do all of the following:

(a) Review, on a biennial basis, each small commercial account for which a deposit has been held for twenty-four months and promptly refund the deposit or credit the small commercial customer's account, plus any interest accrued, if during the preceding twenty-four months all of the following conditions are satisfied:

(i) The small commercial customer's service was not disconnected for nonpayment, a fraudulent practice, tampering, or unauthorized reconnection.

(ii) The small commercial customer had no more than three past due bills.

(iii) The small commercial customer is not then delinquent in payment of bills.

(b) Pay interest of not less than three per cent per annum on a deposit, provided the company has held the deposit for at least six consecutive months.

(c) When service is terminated or disconnected, promptly apply the deposit and interest accrued to the final bill for service and refund any amount in excess of the final bill to the small commercial customer. A transfer of service within the gas or natural gas company territory or service area is not considered a disconnection under this paragraph.

(C) Reasons to deny or disconnect small commercial service. Each gas or natural gas company may refuse or disconnect service to small commercial customers only in the following circumstances:

(1) When the small commercial customer violates or fails to comply with a contract approved by the commission pursuant to section 4905.31 of the Revised Code, or the gas or natural gas company tariff(s).

(2) When gas or natural gas company service to a small commercial customer or consumer violates any law of this state or any political subdivision thereof, or any federal law or regulation.

(3) When a small commercial customer or consumer tampers with gas or natural gas company property or engages in a fraudulent practice to obtain service, as set forth in rule 4901:1-13-09 of the Administrative Code.

(4) When a small commercial customer uses gas or equipment which adversely affects gas or natural gas company service to other customers or consumers, e.g., interruptions of service.

(5) When a safety hazard or emergency may threaten the health and safety of any of the following: the premises, occupants of the premises, the surrounding area, the public, the gas or natural gas company's personnel, or the operation or integrity of the gas or natural gas company's facilities.

(6) When a small commercial customer, a landlord of a small commercial customer, or a tenant leasing a landlord or small commercial customer's premises prevents access to gas or natural gas company facilities or equipment on the property.

(7) When a small commercial gas or natural gas company customer has failed to pay bills and any tariffed charges, including deposits and amounts not in bona fide dispute. Where the small commercial customer has a bona fide dispute, the gas or natural gas company shall not disconnect service if the small commercial customer pays either the undisputed portion of the bill or the amount paid for the same billing period in the previous year.

(8) When a small commercial customer vacates the premises.

(9) When repairs are necessary, provided that the gas or natural gas company has reasonably attempted to notify the small commercial customer and, if the small commercial customer is not located at the service location, the consumer, prior to scheduled maintenance interruptions in excess of four hours.

(10) Upon the small commercial customer's request.

(11) When a former small commercial customer, whose account with that gas or natural gas company is still in arrears for service previously furnished at the premises, has again requested service for those premises.

(12) When a small commercial customer does not meet the gas or natural gas company's creditworthiness standards.

(13) For other good cause shown.

(D) Notice requirements when disconnecting small commercial service.

(1) Except as otherwise provided by contract approved by the commission pursuant to section 4905.31 of the Revised Code, each gas or natural gas company shall give the small commercial customer written notice, not less than five business days after the postmark date, before service is disconnected, when any of the following conditions exist:

(a) Violation of or noncompliance with the contract or gas or natural gas company's tariff(s) that applies to small commercial customer service.

(b) The small commercial customer prevents access to gas or natural gas company facilities or equipment on the property.

(c) For nonpayment of bills and any tariffed charges, including security deposits and amounts not in a bona fide dispute.

(2) Prior notice from the gas or natural gas company is not required when a hazardous condition exists.

(3) The disconnection notice itself or the documents accompanying the disconnection notice shall clearly display all of the following, as applicable:

(a) The delinquent or invoiced billing account number.

(b) The dollar amounts for any past due amounts, any reconnection charge, and any deposit owed.

(d) The address and toll-free telephone number of the gas or natural gas company office for customers to contact about their accounts.

(e) A statement that the commission staff is available to render assistance with unresolved complaints, and the commission's website and toll-free number of the commission's call center. Hearing or speech impaired customers may contact the commission via 7-1-1 (Ohio relay service).

(f) A statement that the small commercial customer's failure to pay the amount required at the gas or natural gas company's office or to one of its authorized agents or by other acceptable available means by the date specified in the notice may result in a deposit and in a charge for reconnection.

(g) A statement that the nonpayment of charge(s) for ancillary service unrelated to regulated distribution service shall not result in the disconnection of regulated gas distribution service.

(h) A specific description of the reasons for disconnection of service.

(E) Reconnection of small commercial service.

(1) Unless a small commercial customer requests or agrees otherwise, a gas or natural gas company shall reconnect service after any of the following occurs:

(a) The gas or natural gas company receives the full amount in arrears, for which service was disconnected, and the gas or natural gas company receives any deposit authorized under this chapter and any tariffed charges.

(b) The gas or natural gas company agrees with the customer on a deferred payment plan and receives a payment (if required under the plan), and the gas or natural gas company receives any deposit authorized under this chapter and any tariffed charges.

(2) Before small commercial gas service is reconnected, a gas or natural gas company may not require a small commercial customer to pay any of the following to have service reconnected:

(a) Any amount owed but not yet past due.

(b) If the small commercial customer has multiple small commercial accounts, any amount owed or overdue on those other small commercial accounts.

(3) Upon payment or proof of payment of the delinquent amount as stated on the disconnection notice and any applicable reconnection charge, the gas or natural gas company shall reconnect service that has been disconnected for nonpayment pursuant to the following provisions:

(a) For customers disconnected from service for ten business days or less, the gas or natural gas company may assess a reconnection charge and shall reconnect to service by the close of the following regular company working day.

(b) For customers disconnected from service for more than ten business days, the gas or natural gas company may treat the customers as new customers and connect service consistent with the timeframe in rule 4901:1-13-05 of the Administrative Code. In addition, the gas or natural gas company may assess a customer a reconnection charge in accordance with approved tariffs.

(c) If service is disconnected for nonpayment for no more than ten business days and the customer wishes to guarantee the reconnection of service the same day on which payment is rendered, the customer must provide proof of payment to the company no later than twelve-thirty p.m. If the customer requests that reconnection occur after normal business hours, and such service is offered by the company, the company may require the customer to pay or agree to pay the company's approved tariff charges for after-hours reconnection. The company may collect this fee prior to reconnection or with the customer's next monthly billing.

(d) The gas or natural gas company shall not assess a reconnection charge unless it has actually disconnected the service. The gas or natural gas company may, however, assess a collection charge if the collection charge is part of the company's approved tariff. The collection charge shall not be assessed more than once per billing cycle.

Last updated September 19, 2023 at 1:41 PM

History

Effective: September 18, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-13-09 Fraudulent practice, tampering, and theft of gas service.

(A) Disconnection of service for tampering or unauthorized reconnection.

(1) A gas or natural gas company may disconnect service without prior notice to a customer when either of the following occurs:

(a) The gas service meter, metering equipment, or associated property was damaged, interfered with, displaced, bypassed, or otherwise tampered with by a customer, consumer, or other person.

(b) A person not authorized by the gas or natural gas company has reconnected service.

(2) Each gas or natural gas company that has disconnected service under this paragraph shall tag or seal the customer's meter and hand-deliver written notice to the customer or consumer at the service location. If neither the customer nor an adult consumer is present, the gas or natural gas company shall attach a prominent written notice to a conspicuous place on the premises. When a gas or natural gas company reasonably believes that tagging or sealing the meter, hand delivering notice, or posting notice may jeopardize employee safety, it may promptly send notice, to the customer and consumer if the customer is not located at the service location. The notice shall include the following information:

(a) An explanation that service was disconnected because either the meter, metering equipment and/or gas or natural gas company property was tampered with, or a person not authorized by the gas or natural gas company reconnected the customer's service.

(b) The gas or natural gas company's telephone number and notice that the customer may contest the disconnection by requesting an opportunity to discuss the matter with a company representative.

(c) An explanation that, if the customer does not contest the disconnection, the gas or natural gas company is not required to restore service until the customer has provided satisfactory assurances that such tampering or unauthorized reconnection has ceased and has paid or made satisfactory arrangements to pay the company an amount that the company calculates for unmetered service, any defaulted amount, any damage to company equipment or meter, any security deposit (consistent with rules 4901:1-13-08 and 4901:1-17-05 of the Administrative Code), and any tariffed reconnection and investigation charges.

(d) A statement that:

"If your complaint is not resolved after you have called (name of utility), or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO), toll-free at 1-800-686-7826 from eight a.m. to five p.m. weekdays, or visit http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1- (Ohio relay service).

The Ohio consumers' counsel (OCC) represents residential utility customers in matters before the PUCO. The OCC can be contacted at 1-877-742-5622 from eight a.m. to five p.m. weekdays, or visit http://www.pickocc.org."

(3) If the customer contests the disconnection, the company shall timely mail or deliver its decision to the customer. If the company's decision is that service can be reconnected, the company may notify the customer by telephone to arrange for reconnection.

(B) Disconnection of service for fraudulent practice.

(1) A gas or natural gas company may disconnect service, after providing notice to the customer pursuant to this paragraph, when a customer uses any fraudulent practice to obtain or maintain service. Before it may disconnect service for a fraudulent practice, each gas or natural gas company shall provide a written notice to the customer or consumer at the service location.

(2) The notice shall include the following information:

(a) A description of the alleged fraudulent practice.

(b) The gas or natural gas company telephone number and notice that the customer may contest the company's findings by requesting an opportunity to discuss the matter with a company representative.

(i) The customer does not contact the gas or natural gas company to contest the findings of fraudulent practice within three business days after receiving this notice.

(ii) The customer does not provide a satisfactory explanation to the company.

(d) An explanation that, if service is disconnected, the gas or natural gas company is not required to reconnect service until the customer pays or makes satisfactory arrangements to pay the company the bill for service that was fraudulently obtained or maintained, any security deposit (consistent with rules 4901:1-13-08 and 4901:1-17-05 of the Administrative Code), and any tariffed reconnection and investigation charges.

(e) A statement that:

"If your complaint is not resolved after you have called (name of utility), or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO), toll-free at 1-800-686-7826 from eight a.m. to five p.m. weekdays, or visit http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio Relay Service).

(3) A gas or natural gas company may terminate service for a fraudulent practice when the customer fails to contest the disconnection with the company within three business days after delivery of the written notice required by this rule. Should the customer contest the notice and fail to satisfy the claims of fraud, the company may terminate service two business days after the customer receives the gas or natural gas company's written adverse decision regarding the matter. Notice of actual disconnection shall be left for the customer or consumer at the service location in a conspicuous location. When a company reasonably believes that posting the notice of actual disconnection may jeopardize employee safety, it shall promptly mail the notice, return receipt requested, to the customer and consumer (if the customer is not located at the service location).

(C) Each gas or natural gas company shall maintain records which include the basis for its decision to disconnect service for tampering, unauthorized reconnection, or fraudulent practice.

Last updated September 19, 2023 at 1:41 PM

History

Effective: September 18, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-13-10 Complaints and complaint-handling procedures.

(A) As used in this rule, customer/consumer complaint means a customer/consumer contact when such contact necessitates follow-up by or with the gas or natural gas company to resolve a point of contention.

(B) Each gas or natural gas company shall make good faith efforts to settle unresolved disputes, which may include meeting with the customer/consumer at a reasonable time and place.

(C) Except as ordered by the commission or directed by the commission staff in disconnection or emergency cases, each gas or natural gas company shall investigate customer/consumer complaints and, unless otherwise agreed to, provide a status report within three business days of the date of receipt of the complaint to commission staff, when investigating a complaint referred to the gas or natural gas company by the commission or commission staff.

(D) If an investigation is not completed within ten business days, the gas or natural gas company shall provide status reports to update commission staff when investigating a complaint referred to the gas or natural gas company by the commission or commission staff, either orally or in writing, at five-business-day intervals, unless otherwise agreed to, until the investigation is complete.

(E) Each gas or natural gas company shall inform commission staff when involved, of the results of the investigation, orally or in writing, no later than five business days after completion of the investigation. The customer/consumer or commission staff may request the final report to be in writing.

(F) If the customer/consumer disputes the gas or natural gas company's report(s), each gas or natural gas company shall inform the customer/consumer that the commission staff is available to mediate complaints. The company shall provide the customer/consumer with the commission's website and toll-free telephone number of the commission's call center. Hearing or speech impaired customers may contact the commission via 7-1-1 (Ohio relay service).

(G) Each gas or natural gas company will also provide a dedicated telephone number staffed from eight a.m. to five p.m., Monday through Friday, except on state holidays, to commission staff to use and provide to consumers when escalating consumer complaints. The gas or natural gas company staff assigned to answer these calls will have the authority to address the escalated consumer complaint. The requirements in this paragraph do not apply to small gas and small natural gas companies.

(H) If a customer contacts the gas or natural gas company concerning competitive retail natural gas service issues, the gas or natural gas company shall:

(1) Review the issue with the customer to determine whether it also involves the gas or natural gas company.

(2) Cooperate with the resolution of any joint issues with the retail natural gas supplier or governmental aggregator.

(3) Refer the customer to the appropriate retail natural gas supplier or governmental aggregator in those instances where the issue lacks gas or natural gas company involvement.

(I) Slamming complaints.

(1) If a customer contacts a gas or natural gas company alleging that the customer has been switched from regulated sales service to a retail natural gas supplier or governmental aggregator without authorization, the gas or natural gas company shall:

(a) Provide the customer any evidence relating to the customer's enrollment.

(b) Refer the customer to the commission's call center.

(d) Cooperate with the commission staff in any subsequent investigations of the slamming complaint.

(2) In the event that a customer was switched from a gas or natural gas company's regulated sales service without authorization, the gas or natural gas company shall switch the customer back to the gas or natural gas company's regulated sales service without penalty.

Last updated September 19, 2023 at 1:41 PM

History

Effective: September 18, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-13-11 Gas or natural gas company customer billing and payments.

(A) This rule applies to all gas or natural gas company bills, including those issued on behalf of any retail natural gas supplier or governmental aggregator. Gas or natural gas companies shall make dual billing and consolidated billing available to retail natural gas suppliers and governmental aggregators.

(B) Bills issued by or for the gas or natural gas company shall be accurate and rendered at monthly intervals. Each bill shall display all of the following information:

(1) The customer's name, billing address, service address, account number, and, if applicable, the retail natural gas supplier or governmental aggregator account number.

(2) The gas or natural gas company's name and its payment address.

(3) The gas or natural gas company's twenty-four hour, local or toll-free telephone number for reporting service emergencies.

(4) A statement that customers with bill questions or complaints should call or write the gas or natural gas company first. The bill shall list the gas or natural gas company's local or toll-free telephone number(s) and the address where a question or complaint may be sent.

(5) The following text:

(6) The identification of the applicable rate schedule.

(7) The dates of the service period covered by the bill.

(8) The billing determinants, if applicable:

(a) Beginning meter reading(s).

(b) Ending meter reading(s).

(d) Consumption(s).

(e) Fixed monthly customer charge.

(9) The rate for purchase of the gas or natural gas commodity, expressed in dollars and cents per Mcf or Ccf, reflecting either of the following:

(a) The gas cost recovery rate; or

(b) The rate for the commodity service, if the company has been granted an exemption under section 4929.04 of the Revised Code.

(10) The total charge attributable to the rate for purchase of the gas or natural gas commodity, expressed in dollars and cents, reflecting either of the following:

(a) The gas cost recovery rate.

(b) The rate for the commodity sales service, if the company has been granted an exemption under section 4929.04 of the Revised Code.

(11) If applicable, the name of the retail natural gas supplier or governmental aggregator in close proximity to the retail natural gas supplier or governmental aggregator commodity charges, as well as a toll-free or local telephone number and address for customer billing questions or complaints regarding retail natural gas supplier or governmental aggregator charges.

(12) The total charge attributable to the gross receipts tax, expressed in dollars and cents, and the gross receipts tax rate. This requirement only applies to gas or natural gas companies that allow for competitive retail natural gas services on their system.

(13) The following prominently displayed price to compare statement on residential and small commercial customer bills, if the company has a choice program:

"When shopping for a natural gas supplier, it may be useful to compare supplier offers with the standard choice offer (SCO) rate [or, if applicable, the gas cost recovery (GCR) rate] available to eligible customers, which varies monthly based on the market price of natural gas. Price represents one feature of any offer; there may be other features which you consider of value. More information about the SCO [or GCR, if applicable] and other suppliers' offers is available at energychoice.ohio.gov or by contacting the PUCO."

(14) The identification of estimated bills.

(15) The due date for payment.

(16) The total charges for the current billing period.

(17) Any late payment charge or gross and net charges, if applicable.

(18) Any unpaid amounts due from previous bills, customer credits, and total amounts due and payable.

(19) The current balance of the account, if the residential customer is billed according to a budget plan.

(20) The current gas and electric charges separately, if the customer is billed for gas and electric service on the same bill.

(21) If applicable, each charge for a service that is either nontariffed or nonregulated and, with regard to services that are, the name and toll-free telephone number of each provider of service.

(22) Any nonrecurring charge(s).

(23) Any payment(s) or credit(s) applied to the account during the current billing period.

(24) If applicable, all the percentage of income payment plan plus (PIPP plus) billing information:

(a) Current PIPP plus payment.

(b) PIPP plus payments defaulted (i.e., past due).

(d) Total account arrearage.

(25) An explanation of codes and abbreviations used.

(26) If a customer's selected retail natural gas supplier or governmental aggregator bills separately for its supplier charges, the supplier's name and a statement that such supplier is responsible for billing the gas supplier charges and such supplier will separately bill the customer for that component of natural gas service.

(27) The customer's historical consumption during each of the preceding twelve months, with a total and average consumption for such twelve-month period, if the company has a choice program.

(28) A statement, either appearing directly on the bill, in a bill insert, or as a separate mailing, of any payment arrangement agreed upon by the customer and the company.

(C) All bills shall be due no earlier than fourteen days from the date of the postmark on the bill. If the bill is sent electronically, the bill shall not be due earlier than fourteen days from the date of the electronic postmark on the bill. If the bill is mailed by means that does not place a postmark on the bill (i.e., such as permit mailing), the bill shall not be due earlier than fourteen days from the date on the actual bill. All bills mailed without postmarks shall be mailed no later than the day listed on the bill. For residential bills being issued from outside the state of Ohio, the due date shall be no less than seventeen days from the date on the actual bill.

(D) A gas or natural gas company proposing any new bill format shall file its proposed bill format with the commission for approval. If the commission does not act upon an application for a new bill format approval within forty-five days, the proposed bill format shall automatically be approved on the forty-sixth day.

(E) Payment methodologies and parameters.

(1) Each gas or natural gas company shall make payment options available to customers.

(a) Payment options may include, but are not limited to: cash, check, or money order payments in person to the company or a payment agent; check or money order through the mail; check over the telephone; credit card; or electronic money transfers.

(b) Each gas or natural gas company shall, upon request, provide customers with an updated list of its available payment options and descriptions thereof, and shall post the updated list on its website.

(c) The list of available payment options shall include the name and street address/location of the nearest payment center and/or local authorized agent, and all applicable fees for utilizing the various methods available for payment of customer bills.

(d) The gas or natural gas company may not deny a customer the use of one or more of the payment options solely because the customer's account is in arrears.

(2) If a gas or natural gas company accepts payments from customers via authorized agents, the company shall provide signage to the authorized agent with its logo, or other appropriate indicators, that affirm the payment location as an authorized agent of the gas or natural gas company.

(3) Each gas or natural gas company shall not charge more than two dollars for processing payments by cash, check, or money order at authorized agent locations. Customers may not be charged for processing their payments by check or money order through the mail. Customers may be charged for processing their payments by check over the telephone, by credit card, or electronic money transfers and such charges will be evaluated by the commission.

(4) When a customer pays the bill at the gas or natural gas company's business office or to an authorized agent of the company, the payment, including any partial payment, shall be immediately credited to the customer's account where feasible, and, in any event, be credited to the customer's account as of the date received at the business office or by the agent. When payment is received at the company's business office through other means, such as by mail or on line, the payment shall be posted immediately upon receipt to the customer's account, where feasible, and in any event, be credited to the customer's account on the date received.

(5) No gas or natural gas company shall disconnect service to a customer who pays the total amount due (or an amount agreed upon between the gas or natural gas company and the customer to prevent disconnection) on the account by the close of business on the disconnection date listed on the disconnection notice. Payment received by an authorized agent of the gas or natural gas company shall constitute receipt of payment by the company.

(6) Each gas or natural gas company shall establish a written policy for its personnel at its business offices and for its authorized agents to handle billing disputes, requests for payment arrangements, and for the reporting of payments made by customers due to their receipt of a disconnection notice, in order to prevent disconnection of service. If such matters cannot be handled by an agent authorized to accept payments, the agent shall provide customers with the gas or natural gas company's local or toll-free telephone number.

(7) When applicable, a supplier agreement between a gas or natural gas company and a retail natural gas supplier must provide that if the gas or natural gas company collects customer payments on behalf of the retail natural gas supplier, then customer's liability to the retail natural gas supplier ceases to the extent of a payment made and applicable to the customer's retail natural gas supplier account.

(F) Any gas or natural gas company that issues billing statements electronically shall comply with each of the following requirements:

(1) All payment methods shall continue to be available to the customer.

(2) No enrollment or usage fees shall be assessed to a customer who chooses to receive bills and/or customer information electronically.

(3) The electronic billing statement shall include all requirements listed in paragraph (B) of this rule.

(4) The gas or natural gas company shall maintain a secure and encrypted internet location that is to be accessed only by the customer of record after completing a secure registration process.

(5) Any fees to accept electronic payments shall be clearly disclosed in payment window(s).

(6) Any payment made electronically shall be treated as a payment made at the company business office. The time needed to post the payment to the account shall be clearly stated.

(G) Handling partial payments.

(1) Nonconsolidated bills. Each gas or natural gas company shall credit any customer's partial payments in the following order:

(a) First, credit past due distribution and sales service charges.

(b) Second, credit current distribution and sales service charges.

(2) Consolidated bills. Partial payments applied towards any past due amount on a bill or the balance due on a disconnection notice must be apportioned in the following order:

(a) First, credit past due gas or natural gas company service and delivery charges.

(b) Second, credit current gas or natural gas company service and delivery charges.

(d) Fourth, credit past due and current nonregulated or nontariffed charges.

If the customer pays the entire amount past due or more, any amount paid over the amount past due shall be applied first to gas or natural gas company service and delivery charges.

(3) Budget billing payments and payments in full of the undisputed amount related to a bona fide dispute do not constitute partial payments. Payments made on accounts for which there is a bona fide dispute shall be credited to the undisputed portion of the account

(H) Transfer of customer billing information.

(1) The nonbilling retail natural gas supplier shall furnish the applicable required bill content information to the billing party in a timely manner and in a mutually agreed upon electronic format for inclusion in the consolidated customer bill.

(2) The billing gas or natural gas company shall include in the consolidated bill all required bill content information furnished by the nonbilling retail natural gas supplier.

(3) An entity ordered by the commission to provide any bill content, message, insert, or notice remains responsible to provide such information to its customers, although the information may be provided through the consolidated bill.

Last updated September 19, 2023 at 1:42 PM

History

Effective: September 18, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-13-12 Consumer safeguards and information.

(A) The commission staff may review and/or request modification of informational, promotional, and educational materials.

(B) Unfair and deceptive acts or practices.

No gas or natural gas company shall commit an unfair or deceptive act or practice in connection with the promotion or provision of service, including an omission of material information. An unfair or deceptive act/practice includes, but is not limited to, the following:

(1) A gas or natural gas company representing to a customer that distribution service will or may be disconnected unless the customer pays any amount due for nonregulated, nontariffed service.

(2) A gas or natural gas company charging a customer for a service for which the customer did not make an initial affirmative order. An affirmative order means that a customer must positively elect to subscribe to a service before it is added to the account. Failure to refuse an offered or proposed service is not an affirmative order for the service.

(1) A gas or natural gas company shall not disclose a customer's account information without the customer's written consent or electronic authorization, or a court or commission directive ordering disclosure, except for the following purposes:

(a) A gas or natural gas company's collections and/or credit reporting activities;

(b) Participation in the home energy assistance program, the emergency home energy assistance program, and the percentage of income payment plan programs;

(d) Inclusion on the eligible customer list as prescribed in paragraph (D) of rule 4901:1-13-14 of the Administrative Code, unless the customer objects.

The gas or natural gas company must use the consent form described in paragraph (C)(3) of this rule. Electronic consent forms will use the same format as described in paragraph (C)(3) of this rule.

(2) A gas or natural gas company shall not disclose a customer's social security number, except for the following purposes:

(a) Completing a customer credit evaluation;

(b) Collections and/or credit reporting activities by a gas or natural gas company, a competitive retail natural gas supplier, or a governmental aggregator;

(c) Participation in the home energy assistance program, the emergency home energy assistance program, and the percentage of income payment plan programs; or

(d) Customer provides written consent via the consent form in paragraph (C)(3) of this rule.

(3) The consent form shall be clearly identified on its face as a release of personal information and all text appearing on the consent form shall be in at least fourteen-point type. The following statement shall appear prominently on the consent form, just prior to the signature, in type darker and larger than the type in surrounding sentences: "I realize that under the rules and regulations of the public utilities commission of Ohio, I may refuse to allow (name of the gas or natural gas company) to release the information set forth above. By my signature, I freely give (name of the gas or natural gas company) permission to release the information designated above." The information that the gas or natural gas company seeks to release shall be specified on the form. Forms requiring a customer to circle or to check off preprinted types of information to be released may not be used.

(D) Upon customer request, a gas or natural gas company shall timely provide twelve months of a customer's usage history and twenty-four months of a customer's payment history to the customer without charge.

(E) A gas or natural gas company will:

(1) Provide generic customer and usage information, in a universal file format, to other retail natural gas suppliers on a comparable and nondiscriminatory basis.

(2) Provide customer-specific information to retail natural gas suppliers and governmental aggregators on a comparable and nondiscriminatory basis as prescribed in paragraph (D) of rule 4901:1-13-14 of the Administrative Code, unless the customer objects to the disclosure of such information.

(3) Prior to issuing any eligible-customer lists and at least four times per calendar year, provide all customers clear written notice, in billing statements or other communications, of their right to object to being included on such lists. Such notice shall include instructions for reporting such objection. This notice shall read as follows: "We are required to include your name, service and mailing addresses, customer account information, load profile reference category, meter read date or schedule, and historical consumption data for each of the most recent twelve months on a list of eligible customers that is made available to other retail natural gas suppliers or governmental aggregators. If you do not wish to be included on this list, please call _________ or write ___________________ , or complete the appropriate form on ________________ website."

(4) Not release such information unless and until the customer affirmatively indicates that the information may be released, if a customer reports such objection as provided in paragraphs (E)(2) and (E)(3) of this rule.

Last updated October 5, 2026 at 9:11 AM

History

Effective: October 5, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-13-13 Uniform system of accounts for gas companies.

(A) Gas or natural gas companies subject to the jurisdiction of the public utilities commission of Ohio shall keep their books of accounts and records in accordance with the uniform system of accounts from time to time prescribed by the federal energy regulatory commission except to the extent that the provisions of said uniform system of accounts are inconsistent in any way with any outstanding orders of the public utilities commission of Ohio.

(B) The public utilities commission of Ohio reserves to itself the right to require the creation and maintenance of such additional accounts as may hereafter be prescribed to cover the accounting procedures of gas or natural gas companies operating within the state of Ohio.

Last updated February 28, 2023 at 9:35 AM

History

Effective: April 9, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-13-14 Coordination between gas or natural gas companies and retail natural gas suppliers or governmental aggregators.

(A) At a minimum, the gas or natural gas company tariff shall include provisions governing the relationship between the retail natural gas supplier and the governmental aggregator for competitive retail natural gas service. Such provisions shall address:

(1) Nomination and deliveries.

(2) Billing (between the gas or natural gas company and the retail natural gas supplier or governmental aggregator).

(3) Customer billing (options, collection, application of customer payments).

(4) Measurement of delivered volume.

(5) Shrinkage and retainable factors.

(6) Customer enrollment process information exchange.

(7) Dispute resolution process (between the gas or natural gas company and the retail natural gas supplier or governmental aggregator).

(8) Standard operating rules.

(9) Performance standards of the retail natural gas supplier or governmental aggregator.

(10) Supplier agreement.

(11) A listing and description of all fees and charges assessed to retail natural gas suppliers or governmental aggregators.

(12) Service termination and disconnection (of end-user customer).

(13) Conditions and processes for returning customers to the gas or natural gas company's commodity service.

(14) Customer enrollment and switching.

(15) Supplier proof of certification.

(B) In its tariff, each natural gas company shall set reasonable standards for its security and the security of its customers through financial requirements for certified retail natural gas suppliers sufficient to protect customers and the natural gas company from default. For purposes of this paragraph, "retail natural gas supplier" has the same meaning as in section 4929.01 of the Revised Code, but excludes a broker or aggregator.

(C) A gas or natural gas company shall execute a supplier agreement with each retail natural gas supplier and governmental aggregator to operate under the terms of the gas or natural gas company's tariff. At a minimum, the supplier agreement shall include representations and warranties, indemnification, limitations on liability, default (breach), remedies, force majeure, commencement, and term. A current copy of the supplier agreement is to be filed with the gas or natural gas company's tariff or in its tariff docket.

(D) Gas or natural gas companies shall make eligible-customer lists available to certified retail natural gas suppliers and governmental aggregators via electronic media. Such lists shall be updated quarterly and shall, at a minimum, contain customer name, customer account information, service and mailing addresses, load profile reference category, meter read date or schedule, and historical consumption data for each of the most recent twelve months. All information provided on the eligible-customer lists will be identified in the company tariff and approved by the commission.

(E) The gas or natural gas company shall coordinate customer enrollment with the retail natural gas supplier and governmental aggregator in compliance with all applicable requirements. Each natural gas company shall use customer account information to process a customer's change in competitive retail natural gas supplier.

(F) The gas or natural gas company shall, within two business days of confirming a retail natural gas supplier's or governmental aggregator's valid electronic enrollment request and prior to commencing enrollment, provide to the customer, by mail or email with an electronic notification of receipt, a competitively neutral confirmation notice stating:

(1) The gas or natural gas company has received a request to enroll the customer for competitive retail natural gas service with the named retail natural gas supplier or governmental aggregator.

(2) The date such service is expected to begin.

(3) The customer has seven business days from the postmark date on the notice to contact the gas or natural gas company to rescind the enrollment request or notify the gas or natural gas company that the change of the retail natural gas supplier or governmental aggregator was not requested by the customer.

(4) The gas or natural gas company's toll-free or local telephone number.

(G) Within two business days after receiving a customer's request to rescind enrollment with the retail natural gas supplier or governmental aggregator, the gas or natural gas company shall initiate such rescission and inform the retail natural gas supplier or governmental aggregator that such action has been taken.

(H) Customers returning to the gas or natural gas company.

(1) Any customer returning to the gas or natural gas company's commodity service due to default, abandonment, slamming, or certification rescission of a retail natural gas supplier or governmental aggregator will not be liable for any costs associated with the switch.

(2) Any switching fee applicable to customers switching from one marketer to another marketer shall also apply to customers switching from a marketer to a gas or natural gas company's applicable tariff service.

(3) Customers participating in an opt-out government aggregation program will not be charged a switching fee upon returning to a gas or natural gas company's applicable tariff service due to either termination of the aggregation or the aggregator switching suppliers.

(4) Any customer returned to a gas or natural gas company's applicable tariff service shall pay the applicable rate while taking such service.

(5) Any customer returned to the gas or natural gas company's applicable tariff service pursuant to paragraph (E) of rule 4901:1-28-04 of the Administrative Code shall not be charged a switching fee.

(6) Within two business days after confirming the validated electronic data file for a retail natural gas supplier's or governmental aggregator's customer drop request, the gas or natural gas company shall provide to the customer, by mail or email with an electronic notification of receipt, a notice stating both of the following:

(a) The gas or natural gas company has received a request to drop the customer from competitive retail natural gas service or governmental aggregation with the named retail natural gas supplier or governmental aggregator.

(b) The retail natural gas supplier's or governmental aggregator's toll-free telephone number.

(I) Within three business days of notifying a retail natural gas supplier of a customer cancellation, the gas or natural gas company shall provide to the customer, by mail or email with an electronic notification of receipt, a notice stating all of the following:

(1) The gas or natural gas company has received the cancellation request from the customer and has notified the customer's retail natural gas supplier of the cancellation.

(2) The date the gas or natural gas company received the cancellation.

(3) The gas or natural gas company's toll-free telephone number.

(J) In the event of a material default, as defined by a gas or natural gas company's tariff or by an agreement between the gas or natural gas company and the retail natural gas supplier or governmental aggregator:

(1) The gas or natural gas company will serve a written notice of such default in reasonable detail and with a proposed remedy to the retail natural gas supplier or governmental aggregator and the commission.

(2) On or after the date the default notice has been served, the gas or natural gas company may file with the commission a written request for authorization to terminate or suspend the retail natural gas supplier or governmental aggregator from participation with the gas or natural gas company's supplier program.

(3) If the material default is due to reasons other than underdelivery or nondelivery, and if the commission, or an administrative law judge, does not issue an entry to suspend or reject the action proposed by the gas or natural gas company within ten business days after receipt of the request, the gas or natural gas company's request to terminate or suspend will be deemed authorized on the eleventh business day.

(4) If the default is due to underdelivery or nondelivery and, if the commission, or an administrative law judge, does not act within five business days after receipt of the request, the gas or natural gas company's request to terminate or suspend will be deemed authorized on the sixth business day.

(5) Notwithstanding paragraphs (J)(3) and (J)(4) of this rule, terminations or suspensions from a gas or natural gas company's supplier program are to be authorized by the commission.

(6) The gas or natural gas company will send notices pursuant to paragraph (J) of this rule by electronic mail, fax, overnight mail, or hand delivery to the commission and staff at the commission's offices. The gas or natural gas company will notify all commissioners, the chief of staff, the director of the service monitoring and enforcement department, the director of the rates and analysis department, the director of the legal department, and the chief of the attorney general's public utilities section. The gas or natural gas company will send the notice to the address, electronic mail, and fax number provided by the retail natural gas supplier or governmental aggregator in its aggregation agreement.

Last updated September 25, 2026 at 9:09 AM

History

Effective: October 5, 2026
Promulgated Under: 111.15

Chapter 4901:1-14 Uniform Purchased Gas Adjustment Clause

Ohio Adm.Code 4901:1-14-01 Definitions.

For purposes of this chapter:

(A) "Ccf" means a unit of gas equal to one hundred cubic feet.

(B) "Commission" means the public utilities commission of Ohio.

(C) "Commodity rate" means the portion of gas costs billed by a gas or natural gas company's suppliers (expressed in dollars and cents per Mcf, dekatherm, or BTU), which relates volumetrically to the cost of the units of gas obtained by the company for sale to its customers. For purposes of the calculations required under rule 4901:1-14-05 of the Administrative Code, "commodity rate" means the average of the commodity rates expected to be in effect during the period the new gas cost recovery rate will be in effect.

(D) "Customer" means each billing account of a gas or natural gas company.

(E) "Current direct cost of production" means the production and gathering expenses associated with utility production volumes from old wells which are included in accounts 750 through 769 of the "Uniform System of Accounts for Class A and B Gas Utilities," and accounts 710, 711, 713, 714, 715, 716, 717, and 719 of the "Uniform System of Accounts for Class C and D Gas Utilities."

(F) "Demand and service charges" means the portion of gas costs billed by a gas or natural gas company's suppliers or other service providers (expressed in dollars and cents per Mcf, dekatherm, or BTU), which relates to the cost of demand, capacity reservation or use, transportation, storage, balancing, gathering and other related services which are costs to the company of obtaining the gas that it sells prior to and including the physical delivery of the gas to the company's own system to the extent such charges are not included in the "commodity rate" as defined in paragraph (C) of this rule. For purposes of the calculations required under rule 4901:1-14-05 of the Administrative Code, "demand and service charges" mean the average of the demand charges expected to be in effect during the period the new gas cost recovery rate will be in effect.

(G) "Expected gas cost (EGC)" means the weighted average cost of primary gas supplies, utility production from old wells, and includable propane expressed in dollars and cents per Mcf and determined in accordance with the appendix to rule 4901:1-14-05 of the Administrative Code.

(H) "Gas" means any vaporized fuel transported or supplied to consumers by a gas or natural gas company, including, but not limited to, natural gas, synthetic gas, liquefied natural gas, and propane.

(I) "Gas company" and "natural gas company" have the meanings set forth in section 4905.03 of the Revised Code.

(J) "Gas costs" or "cost of gas" means the cost to a gas or natural gas company of obtaining the gas which it sells to its customers. The cost of gas includes demand, capacity reservation or use, transportation, storage, balancing, gathering, and other related costs to the company for services rendered or supplies provided by others prior to and including the physical delivery of the gas to the company. The cost of gas does not include the cost of utility storage otherwise recovered in base rates.

(K) "Gas cost recovery rate (GCR)" means the quarterly update, or other periodic update as approved by the commission, of the gas cost adjustment determined in accordance with the appendix to rule 4901:1-14-05 of the Administrative Code.

(L) "Includable gas supplies" means primary gas supplies, includable propane, and utility production volumes.

(M) "Includable propane" means propane used for peak shaving purposes, and propane used for volumetric purposes at the end of a supply period to avoid monetary penalties.

(N) "Jurisdictional sales" means total historic, forecasted, and/or weather-normalized historic sales, less sales to customers under municipal ordinance rates, except sales under municipal ordinances which have adopted, by reference or otherwise, rates established by the commission.

(O) "Mcf" means a unit of gas equal to one thousand cubic feet.

(P) "New well" is either a well where drilling commenced after December 4, 1982, or an old well which is completed to a different pool after December 4, 1982.

(Q) "Old well" is a well where drilling commenced before December 4, 1982.

(R) "Pool" has the meaning set forth in paragraph (A)(39) of rule 1501:9-1-01 of the Administrative Code.

(S) "Primary gas supplies" means historic, forecasted, and/or weather-normalized historic:

(1) Supplies of natural gas or liquefied natural gas obtained from producers, interstate pipelines, brokers/marketers, or other suppliers;

(2) Supplies of synthetic gas purchased under agreements approved by the commission under section 4905.303 of the Revised Code, and other supplies of synthetic gas, except short-term supplies, purchased under contracts approved by the commission;

(3) Supplies of gas obtained from other gas or natural gas companies;

(4) Supplies of gas, other than utility production volumes from old wells, obtained from Ohio producers;

(5) Supplies of gas made available to a gas or natural gas company under self-help arrangements;

(6) Special purchases of natural gas not included in short-term supplies; and

(7) Utility production volumes from new wells provided that such volumes are priced no higher than the price currently being paid by the utility to independent Ohio producers for gas from like wells.

(T) "Production unit cost" means the current direct cost of production expressed in dollars and cents per Mcf.

(U) "Purchased gas adjustment clause" has the meaning set forth in section 4905.302 of the Revised Code.

(V) "Reconciliation adjustment" means a positive or negative adjustment to future gas cost recovery rates ordered by the commission pursuant to this chapter.

(W) "Supplier refund" means a refund from an interstate pipeline company ordered by the federal energy regulatory commission, or from any other supplier or service provider, including interest where appropriate, where such refund is received as one lump-sum payment or credit.

(X) "Self-help arrangement" means an arrangement between a gas or natural gas company and a customer providing for the transportation of gas owned by the customer from the point of production to the point of consumption.

(Y) "Short-term supplies" means all special purchases of gas, to the extent that those purchases decrease the level of curtailment to any customer or class of customers, except special purchases approved by the commission under section 4905.303 of the Revised Code. For purposes of this chapter, a special purchase decreases curtailment to a class of customers if curtailment of that class is reduced, maintained at the same level, or increased to a lesser degree as a result of the special purchase.

(Z) "Special purchase" has the meaning set forth in section 4905.302 of the Revised Code.

(AA) "Synthetic gas" means gas formed from feedstocks other than natural gas, including, but not limited to, coal, oil, or naphtha.

(BB) "Total sales" means all historic, forecasted, and/or weather-normalized historic sales of includable gas supplies to retail customers. "Total sales" does not include volumes transported to consumers under self-help arrangements. For purposes of recovery of the balance adjustment, actual adjustment, and reconciliation adjustment, "total sales" does not include sales to customers for which the reverse migration rider applies.

(CC) "Unaccounted-for gas" means the difference between the measured volume of total gas supply, which includes gas purchased, gas produced by the company, and gas received by the company on behalf of specific customers for redelivery; and the measured volume of gas disposition, which includes gas billed or redelivered to customers and gas for company use. For the purpose of this rule, unaccounted-for gas should be calculated on an annual basis for the twelve months ended August thirty-first of each year, or such other date as the company may show to be more appropriate for its system. The percentage of unaccounted-for gas should be calculated by taking the volumes of unaccounted-for gas as specified above, divided by the volume of total gas supply.

(DD) "Unit book cost" means the cost of total sales expressed in dollars and cents per Mcf as calculated using standard accounting methods acceptable to the commission and the gas or natural gas company's independent auditors.

(EE) "Utility production volumes" means all volumes of gas, other than synthetic gas, produced by a gas or natural gas company, or by a subsidiary or affiliate of a gas or natural gas company, unless the rates or charges for such production are subject to the jurisdiction of the federal energy regulatory commission.

(FF) "Utility storage" means storage facilities operated and maintained by a gas or natural gas company, or by a subsidiary or affiliate of a gas or natural gas company, unless the charges for such facilities are incorporated in commodity rates or monthly demand charges filed with or approved by the federal energy regulatory commission or by the commission, provided, however, that no gas or natural gas company reflects charges for its own storing facilities or service in its own gas cost recovery rate.

Last updated October 15, 2024 at 11:20 AM

History

Effective: October 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-14-02 Purpose and scope.

(A) The purpose of this chapter is to establish a uniform purchased gas adjustment clause to be included in the schedules of gas and natural gas companies subject to the jurisdiction of the commission. The provisions of this chapter establish a gas cost recovery process, which is designed to separate the cost of gas from all other costs incurred by gas or natural gas companies, to provide for each company's recovery of the cost of its includable gas supplies from its customers by means of the quarterly update (or other periodic update as approved by the commission) of the gas cost recovery rate and other provisions of this chapter and to balance the interest of retail sales customers with those of transportation customers. The provisions of this chapter also establish investigative procedures and proceedings, including periodic reports, audits, and hearings, to examine the arithmetic and accounting accuracy of the gas costs reflected in each company's gas cost recovery rate, and to review each company's gas production and purchasing policies to the extent that those policies affect the gas cost recovery rate.

(B) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

(C) The rules of this chapter supersede any inconsistent provisions, terms, and conditions of the gas or natural gas company's tariffs.

Last updated October 7, 2024 at 12:58 PM

History

Effective: April 17, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-14-03 Applicability.

The provisions of this chapter apply to all gas and natural gas companies subject to the jurisdiction of the commission except as provided in divisions (C)(4) and (D) of section 4905.302 of the Revised Code, with respect to all schedules of rates established or approved by the commission, including, but not limited to, rate schedules approved or established under sections 4905.31, 4909.19, and 4909.39 of the Revised Code. The provisions of this chapter do not apply to municipal ordinance rates established under section 743.26 or 4909.34 of the Revised Code or Article XVIII, Section 4 of the Ohio Constitution, except in instances where a municipal ordinance adopts, by reference or otherwise, rates established by the commission.

Last updated October 7, 2024 at 12:58 PM

History

Effective: May 26, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-14-04 Reports.

Each gas or natural gas company subject to the provisions of this chapter shall file with the commission's docketing division quarterly gas cost recovery reports. With commission approval, the gas or natural gas company may revise the expected gas cost component of the gas cost recovery report on a monthly basis. Unless otherwise determined by the commission, the expected gas cost component may be revised, as market conditions warrant, and filed with the commission's docketing division no later than fourteen days prior to the effective date of the gas cost recovery rate. Each gas cost recovery report shall contain:

(A) An updated gas cost recovery rate, determined in accordance with rule 4901:1-14-05 of the Administrative Code and its appendix;

(B) The data and calculations used to determine the updated gas cost recovery rate;

(C) Where appropriate, notations indicating the use of weather-normalized or forecasted sales volumes in the gas cost recovery report and/or updates; and

(D) The frequency of revisions to the expected gas cost component, the effective dates, and the dates such revisions will be filed with the commission.

Last updated October 7, 2024 at 12:59 PM

History

Effective: May 26, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-14-05 Gas cost recovery rate.

(A) The gas cost recovery rate equals:

(1) The gas or natural gas company's expected gas cost for the upcoming quarter, or other period as approved by the commission, pursuant to paragraph (K) of rule 4901:1-14-01 of the Administrative Code, plus or minus;

(2) The supplier refund and reconciliation adjustment, which reflects:

(a) Refunds received from the gas or natural gas company's interstate pipeline suppliers or other suppliers or service providers plus ten per cent annual interest; and

(b) Adjustments ordered by the commission following hearings held pursuant to rule 4901:1-14-08 of the Administrative Code, plus ten per cent annual interest, plus or minus;

(3) The actual adjustment, which compensates for differences between the previous quarter's, or other commission-approved period's, expected gas cost and the actual cost of gas during that period, plus or minus; and

(4) The balance adjustment, which compensates for any under- or overcollections which have occurred as a result of prior adjustments, plus or minus.

(B) The gas cost recovery rate shall be calculated on a companywide basis, except as provided in paragraph (C) of this rule, in accordance with the appendix to this rule.

(C) The commission may, upon the request of any party or upon its own initiative, permit the company to calculate different gas cost recovery rates for different geographical areas. In determining whether to do so, the commission may consider:

(1) Whether the geographical areas involved are contiguous;

(2) Whether the cost of obtaining gas for each of the geographical areas involved can be separately identified;

(3) The manner in which the geographical areas involved have been treated in the past; and

(4) Such other factors as the commission considers appropriate.

View Appendix

Last updated October 7, 2024 at 12:59 PM

History

Effective: May 26, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-14-06 Customer billing.

(A) Unless otherwise ordered by the commission, the quarterly updated gas cost recovery rate filed in accordance with rule 4901:1-14-04 of the Administrative Code is effective on or after the thirtieth day following the filing date or as otherwise established by the commission. Revisions made to the expected gas cost component pursuant to rule 4901:1-14-04 of the Administrative Code do not affect the effective date of the gas cost recovery rate. The new gas cost recovery rates may be applied to customer accounts on a service-rendered or bills-rendered basis, at the option of the gas or natural gas company. The commission may at any time order a reconciliation adjustment as a result of errors or erroneous reporting.

(B) Except as provided in paragraph (C) of this rule, if the gas cost recovery rate changes during a customer's billing cycle and the gas or natural gas company elects to bill on a service-rendered basis, the gas or natural gas company shall apply a weighted average gas cost recovery (WGCR) rate to its customer bills. The WGCR rate shall be determined in accordance with the following:

(1) GCR1 equals the gas cost recovery rate in effect during the first part of the billing cycle.

(2) GCR2 equals the gas cost recovery rate in effect during the latter part of the billing cycle.

(3) V34 equals a variable representing the total number of days in the billing cycle.

(4) V34.1 equals a variable representing the total number of days in the billing cycle when GCR1 was in effect.

(5) V34.2 equals a variable representing the total number of days in the billing cycle when GCR2 was in effect.

(6) WGCR = [GCR1 x (V34.1 V34)] + [GCR2 x (V34.2 V34)].

(C) If the gas cost recovery rate changes during a customer's billing cycle, and the gas or natural gas company elects to bill on a service-rendered basis, and if the customer's actual daily consumption is known by the gas or natural gas company, the company may, instead of applying a weighted average gas cost recovery rate, apply each gas cost recovery rate which was effective during the billing cycle to the volumes actually consumed when that rate was in effect.

(D) Each gas or natural gas company shall indicate on each customer bill:

(1) The gas cost recovery rate expressed in dollars and cents per Mcf or Ccf; and

(2) The total charge attributable to the gas cost recovery rate expressed in dollars and cents.

Last updated October 7, 2024 at 12:59 PM

History

Effective: May 26, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-14-07 Audits.

(A) The commission shall conduct, or cause to be conducted, periodic financial or management/performance audits of each gas or natural gas company subject to the provisions of this chapter and division (C)(4) of section 4905.302 of the Revised Code. Except as provided in paragraph (B) of this rule and division (C) of section 4905.302 of the Revised Code, and unless otherwise ordered by the commission, each audit shall be conducted by a qualified independent auditing firm.

(B) The commission may, upon the request of any party or upon its own initiative, conduct the audits required under this rule. In determining whether to do so, the commission may consider:

(1) The number of customers served by the company;

(2) The cost of employing an independent auditor;

(3) The availability of the commission staff to conduct the required audits; and

(4) Such other factors as the commission considers appropriate.

Last updated October 15, 2024 at 11:20 AM

History

Effective: October 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-14-08 Hearings.

(A) At least sixty days after the filing of each audit report required under rule 4901:1-14-07 of the Administrative Code, the commission shall hold a public hearing to review:

(1) The audit findings, conclusions, and recommendations; and

(2) Such other matters relating to the gas or natural gas company's gas cost recovery rates as the commission considers appropriate.

(B) The gas or natural gas company shall demonstrate at its purchased gas adjustment hearing that its gas cost recovery rates were fair, just, and reasonable and that its gas purchasing practices and policies promote minimum prices consistent with an adequate supply of gas. The commission may consider, to the extent applicable:

(1) The results of the management/performance audit;

(2) The results of the financial audit;

(3) Compliance by the gas or natural gas company with previous commission performance recommendations;

(4) The efficiency of the gas or natural gas company's gas production policies and practices; and

(5) Such other practices, policies, or factors as the commission considers appropriate.

(C) The gas or natural gas company shall publish notice of the hearing required under paragraph (A) of this rule throughout its service area at least fifteen and not more than thirty days prior to the scheduled date of hearing by:

(1) Display ad in a newspaper or newspapers of general circulation;

(2) Bill message on or bill insert included with the customer bills; or

(3) Separate direct mailing to customers.

(D) Following the conclusion of the hearing, the commission shall issue an appropriate order containing:

(1) A summary of the audit findings, conclusions, and recommendations; and

(2) Such other information or directives as the commission considers appropriate.

(E) The commission may adjust the company's future gas cost recovery rates by means of a reconciliation adjustment as a result of:

(1) Errors or erroneous reporting;

(2) Unreasonable or imprudent gas production or purchasing policies or practices;

(3) Unaccounted-for gas above a reasonable level. Unaccounted-for gas above five per cent, calculated pursuant to paragraph (CC) of rule 4901:1-14-01 of the Administrative Code, is presumed to be unreasonable, and it is the company's burden to prove otherwise; or

(4) Such other factors, policies, or practices as the commission considers appropriate.

Last updated October 7, 2024 at 1:04 PM

History

Effective: May 26, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-14-09 Tariffs.

Each gas or natural gas company subject to the provisions of this chapter shall file tariffs with the commission which incorporate this chapter in its entirety.

Last updated October 7, 2024 at 1:04 PM

History

Effective: October 21, 1978
Promulgated Under: 111.15

Chapter 4901:1-15 Waterworks Companies and Sewage Disposal System Companies

Ohio Adm.Code 4901:1-15-01 Definitions.

As used in this chapter:

(A) "Collection main" means a pipe that collects or transports wastewater from the service lines of a wastewater customer.

(B) "Company service line" means that portion of the service line between the distribution or collection main up to and including the curb stop, water outlet connection, or sewer inlet connection at or near the property line, right-of-way, or easement line, maintained at the cost of the company.

(D) "Consumer complaint" means a customer/consumer contact when such contact necessitates follow-up by or with the utility to resolve a point of contention.

(E) "Customer" means any person who enters an agreement with the company to receive waterworks and/or sewage disposal service.

(F) "Customer service line" means that portion of the service line from the company's service line to the structure or premises which is supplied, installed, and maintained at the cost of the customer.

(G) "Dead-end main" means a section of a water distribution system consisting of pipe greater than two inches that is not connected to another section of pipe by means of a connecting loop and serves more than one customer, unless the company can demonstrate that the water within the main circulates on a monthly basis or less.

(H) "Distribution main" means a pipe that transports or distributes water from the supply system to the service lines of a water customer.

(I) "Major operational event" means a significant change to a system's normal operations.

(J) "Non-revenue water" means the components of system input volume that are not billed and produce no revenue. Non-revenue water equals unbilled authorized consumption plus apparent and real losses.

(K) "Outage" means any interruption of a company system, other than a customer service line, which causes the cessation of water service.

(L) "Service connection" means the connection of the company's service line with the customer's service line at or near the property line, which connection enables the customer to receive service.

(M) "Tap-in" means the connecting of a company service line to the distribution or collection main.

Last updated January 8, 2024 at 2:56 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-02 General provisions.

(A) The rules and regulations contained in this chapter govern the furnishing of water and sewage disposal service and facilities to the public by waterworks companies and/or sewage disposal system companies subject to the jurisdiction of the commission.

(B) The commission may:

(1) Pursue formal action, at any time, to alter or amend this chapter.

(2) Prescribe different standards for the rendering of water service and/or sewage disposal service as deemed necessary by the commission in any proceeding.

(3) Upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

(C) If unreasonable hardship to a waterworks company, and/or sewage disposal system company, or to a customer results from the imposition of any rule in this chapter, an application may be made to the commission for either of the following:

(1) The modification of any rule(s).

(2) The temporary or permanent waiver from any rule(s).

(D) Nothing contained in this chapter relieves any waterworks company and/or sewage disposal system company from either of the following:

(1) Providing adequate service and facilities as prescribed by the commission.

(2) Meeting any of its duties or responsibilities as prescribed by these rules or by the laws of the state of Ohio.

(E) Failure by a waterworks company and/or sewage disposal system company subject to the jurisdiction of the commission to meet any of its duties and responsibilities as prescribed by these rules in this chapter or by the laws of the state of Ohio does not in and of itself constitute inadequate service on the part of the waterworks company and/or sewage disposal system company without a commission finding of inadequate service.

Last updated January 8, 2024 at 2:57 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-03 Failure to comply with the rules or commission orders.

Any waterworks company and/or sewage disposal system company that fails to comply with the rules and standards in this chapter or commission order may, after due notice, be subject to any and all of the following available under the law, including but not limited to:

(A) Forfeiture to the state of not more than ten thousand dollars for each such failure. Each day's continuance of the violation is a separate offense.

(B) Corrective action to effectuate compliance.

Last updated January 8, 2024 at 2:57 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-04 Notice and public hearing.

(A) This rule governs notice to the public and the conduct of hearings where directed by the commission to be held in cases involving an application by a waterworks company and/or sewage disposal system company for a certificate of public convenience and necessity, an application to amend a certificate, an application to transfer a certificate, or an application for abandonment of a certificate.

(B) Following the filing of any application set forth in paragraph (A) of this rule, the commission shall review the application to determine its compliance with the requirements of this chapter. If the commission determines that the application is in compliance with the commission's rules, and otherwise appears to be complete, an entry shall be issued which accepts the application, and directs the manner in which public notice of the application is to be accomplished. If the commission determines that the application is not in compliance with the commission's rules, or is otherwise incomplete, an entry shall be issued which directs the manner in which the applicant shall file such information as is necessary to bring the application into compliance or to complete the application.

(C) Unless otherwise set forth by entry, the applicant, in applications set forth in paragraph (A) of this rule, shall fulfill all of the following notice requirements:

(1) If public notice is to be accomplished other than by publication of legal notice in a newspaper of general circulation in the area affected by the application, the manner in which public notice of the application is to be accomplished shall be set forth in the entry accepting the application.

(2) If public notice is to be accomplished by newspaper publication:

(a) The applicant shall give notice by publication, once per week for two weeks, in every county affected by the application. Within each affected county, publication must be made in a newspaper published, and of general circulation, within such county.

(b) Publication expense shall be borne by the applicant.

(c) Proof of publication of an appropriate notice shall be filed with the commission pursuant to the deadline established within the entry calling for publication.

(d) Unless otherwise directed by entry, the legal notice which the applicant must publish in applications covered by paragraph (A) of this rule, shall:

(i) State the fact that such application has been filed with the commission along with a brief description of the purpose of the application.

(ii) Set forth the rates proposed to be charged and collected, except in abandonment application cases in which rates are not being proposed, and shall describe the specific area to be served. The published description need not be stated in terms of metes and bounds; however, it shall be in sufficient detail to enable a member of the public to determine the boundary of the service area(s).

(iii) Contain the name and complete post office address of the applicant.

(iv) Contain a statement which sets forth the docket number which the commission has assigned to the application, as well as the commission's post office address, and which indicates that additional information concerning the application may be obtained by contacting the public utilities commission of Ohio.

(v) Provide for a period of time within which affected persons or entities may file with the commission, a written statement which both describes the nature of their interest in the application and requests that a hearing be held on the application. Unless otherwise ordered by the commission, this period of time shall include at least fourteen days from the last date upon which publication may be made pursuant to the entry calling for publication.

(vi) In the case of an application for a certificate of public convenience and necessity, meet the requirements set forth in rule 4901:1-15-05 of the Administrative Code.

(vii) In the case of an application to amend a certificate, meet the requirements set forth in rule 4901:1-15-07 of the Administrative Code.

(viii) In the case of an application to transfer a certificate, meet the requirements set forth in rule 4901:1-15-09 of the Administrative Code.

(e) If, within fourteen days from the last date on which publication may be made pursuant to the entry calling for publication, or such other period as may be established within the entry calling for publication, the commission receives from any affected person or entity a written request for a hearing on an application set forth in paragraph (A) of this rule, the commission may schedule and hold a public hearing on the application on a date and at a time and place to be established by the commission. The commission may proceed to decide the case without holding a hearing, on the basis of the information contained in the application and the affidavits and information submitted to the commission by the applicant. The commission may, upon its own motion, schedule and hold a public hearing on the application at any time during its pendency.

(3) Entries accepting applications set forth in rule 4901:1-15-04 of the Administrative Code shall be served upon the applicant, any affected person or entity who has requested a hearing, and upon the board of county commissioners of any county and the chief executive authority of any municipal corporation served or proposed to be served by the application.

(4) Notwithstanding the provisions of rule 4901-1-08 of the Administrative Code, an officer or partner of the applicant shall attend any hearing held in a case involving an application set forth in paragraph (A) of this rule. Failure of an officer or partner to be present at the hearing is cause for dismissal of the application.

Last updated January 8, 2024 at 2:58 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-05 Application for certificate of public convenience and necessity.

(A) Any person, firm, or corporation desiring to obtain a certificate of public convenience and necessity authorizing such person, firm, or corporation to construct and/or operate a waterworks system and/or a sewage disposal system or to expand the area in which such a system is operated, shall file an application in the form and with the content specified in this rule. The required number of copies to be filed with the commission of applications made pursuant to this rule is set forth in rule 4901-1-02 of the Administrative Code.

(B) All applications and exhibits shall be typewritten, filed electronically pursuant to paragraph (D) of rule 4901-1-02 of the Administrative Code, printed, or reproduced by some other equally legible and permanent process on good quality paper, eight and one-half inches by eleven inches nominal size.

(C) Applications and exhibits must be signed by the applicant or his/her attorney and shall show the complete post office address of the person whose signature is affixed. If the applicant is a partnership, one partner may sign for all; if a corporation, the president, a vice-president, secretary, or other duly authorized officer may sign. The applicant shall serve a copy of the application, the exhibits, and all other filings upon the Ohio environmental protection agency (OEPA) at Columbus, Ohio, and shall indicate this service on the copies filed with the commission. Any of the exhibits which are currently on file with the OEPA may be omitted.

(D) The following exhibits shall be filed with each application:

(1) Exhibit one

(a) If applicant is a corporation, it shall file both of the following:

(i) A list of the officers, directors, and the ten largest shareholders of the corporation, the address of each, and the number of shares held by each. If there are not as many as ten shareholders, a statement to that effect.

(ii) The nature, character, and extent of the interest, if any, of any of the above officers, directors, or shareholders in any other waterworks company and/or sewage disposal system company, or in any other partnership or corporation that holds an interest in any other waterworks company and/or sewage disposal system company.

(b) If applicant is a partnership, it shall file both of the following:

(i) Name and address of each partner.

(ii) The nature, character, and extent of the interest, if any, of any partner in any other waterworks company and/or sewage disposal system company, or in any other partnership or corporation that holds any interest in any other waterworks company and/or sewage disposal system company.

(c) If applicant is an individual, it shall file the same information for an individual owner of a waterworks company and/or a sewage disposal system company as required by paragraphs (D)(1)(b)(i) and (D)(1)(b)(ii) of this rule for a partnership application.

(d) If any person, firm, or corporation purports to guarantee the obligations of the applicant, the person, firm, or corporation shall file a disclosure including both of the following:

(i) Identification of such person, firm, or corporation by name and complete post office address.

(ii) A detailed balance sheet (net worth statement) for such person, firm, or corporation.

(e) Further, if any developer of all or part of the area for which applicant requests a certificate of public convenience and necessity has any interest in, or control over, the applicant, the developer shall file a disclosure including all of the following:

(i) Identification of such developer by name and complete post office address.

(ii) A detailed balance sheet (net worth statement) of such developer.

(iii) The nature and extent of the developer's interest in applicant and the means by which control is exercised over applicant.

(2) Exhibit two

A certified copy of the articles of incorporation and any amendments if applicant is a corporation, or a copy of the partnership agreement if applicant is a partnership.

(3) Exhibits three, three A, and three B

A financial statement (balance sheet) showing in detail applicant's assets, liabilities, and net worth as of a date no more than one month prior to the date the application was filed (exhibit three), and projected to exist as of the date when construction will be completed and the system or systems will be ready for operation (exhibit three A).

(4) Exhibits four and four A

Pro forma income statements for applicant's first (exhibit four) and fifth (exhibit four A) contemplated full years of operation, showing in reasonable detail for each of those years applicant's anticipated operating revenues, expenses, and net income available for fixed charges.

(5) Exhibit five

A multi-page document (tariff) setting forth all of applicant's proposed rates, charges, and rules and regulations.

(6) Exhibit six

A metes and bounds description of the area in which service is to be rendered pursuant to the authority sought and a map based upon the metes and bounds description. The map offered as exhibit six to any application shall be drawn or reproduced to a scale with no greater than one thousand feet equaling one inch. The scale shall be shown in a written statement or by a legend on the map and also bear a title block indicating the name of the owner of the system or systems shown, the type or types of system(s) shown, the date of preparation of the map, and the contact information of the individual responsible for its accuracy and completeness.

(7) Exhibit seven

(a) A written description of the proposed waterworks system and/or sewage disposal system and the component parts of the system prepared by a registered engineer licensed to practice in Ohio. For a waterworks system, the description shall show the engineer's estimate of the maximum hour, maximum day, and average day demands on the waterworks system and compare such demand estimates with the corresponding capabilities of all the components of the proposed waterworks system. For a sewage disposal system, the description shall include, but not be limited to, statements of the design capacities of the components of the sewage disposal system facilities and of the maximum hourly and average inflows to the facilities which are anticipated.

(b) A description of the type of pipe to be used in the water distribution system or in the sewage collection and transmission system, including the type of material from which the pipe is to be fabricated and the type or types of joints to be used.

(8) Exhibit eight

A statement evidencing that, in the case of a waterworks system, the proposed facilities are capable of providing a minimum static pressure of thirty-five pounds per square inch at normal operating conditions at all curb stops.

(9) Exhibit nine

A statement evidencing that the company's system of mains shall be of adequate size to permit the installation and proper operation of public fire hydrants. Except as provided in rule 4901:1-15-30 of the Administrative Code, such public fire hydrants need be installed only if they are paid for by the proper public authority, agency, or entity ordering the installation for both the capital cost and the cost of maintaining and operating the hydrants.

(10) Exhibit ten

A statement evidencing that the company will avoid dead ends in the distribution mains so far as possible, and provide facilities for flushing, where dead ends are unavoidable.

(11) Exhibit eleven

A statement evidencing that, in the case of a sewage disposal system, the mains and laterals proposed are of adequate size and are to be laid with such flow lines as to permit an expeditious flow from the point of the origin at the customer's premises to the point of treatment or disposal. If land contours are not such as to permit transport of the outflow by gravity, adequate lift stations or other adequate facilities shall be provided as a part of the applicant's system. If, in lieu of or as an adjunct to such lift stations, force pumps are proposed to be installed to move sewage discharge away from a customer's premises, a full description of the equipment and of the manner and means of its operation shall be included.

(12) Exhibit twelve

(a) An estimate(s) in full detail of the cost of construction of the waterworks system and/or sewage disposal system shown and described in paragraph (D) of this rule, in exhibits six and seven. This estimate shall be prepared and signed by the person who prepared and presented exhibit seven.

(b) The commission may request the applicant to present, the cost of feasible alternatives to the proposed waterworks and/or sewage disposal system such as connection to an existing system or use of alternate processes and material, together with reasons for the choice which was selected.

(13) Exhibit thirteen

A statement of the financing plan by which applicant proposes to fund the construction or acquisition of its proposed waterworks system and/or sewage disposal system and to secure working capital. Such statement shall show the amount of equity capital applicant expects to have or to secure by the issuance of equity securities; the amount of capital it expects to secure by the issuance of notes or bonds; the source and terms of the equity funds; the terms of the notes or bonds; and any sums that applicant expects will be voluntarily contributed.

(14) Exhibit fourteen

A statement evidencing that applicant has in its treasury sufficient unobligated paid-in capital or internally generated funds and/or has commitments from a responsible financial organization, satisfactory to the commission, which will enable it to secure through the issuance of securities, approved by the commission, all additional financing necessary to complete construction of and place into operation its proposed utility system. Sufficient unobligated paid-in capital or internally generated funds is presumed to be that equal to at least forty per cent of the estimated cost of construction of the utility plant. To overcome such presumption, the applicant must show by competent evidence that it otherwise has sufficient unobligated paid-in capital funds and satisfactory financial commitments to complete construction of and place into operation its proposed system.

(15) Exhibit fifteen

A statement evidencing that, at the rates proposed in applicant's tariff as filed with the application and based upon a pro forma income statement also filed with the application, applicant will have sufficient revenues to enable it to meet its operating and maintenance expenses, to begin establishing a depreciation reserve, to pay all taxes, to establish an adequate reserve for contingencies, and to pay interest on any outstanding debt.

(16) Exhibit sixteen

If OEPA approval is necessary for the construction of the facilities described in the application, a written statement to the commission from an official of the OEPA, stating that the OEPA has approved general plans for the proposed waterworks system and/or sewage disposal system and that it would approve acceptable final detail plans upon notification that the commission has granted to the applicant a certificate of public convenience and necessity for the construction and operation of the system or systems. In the event that approval of final detail plans is not readily available or cannot be obtained from the OEPA, the commission may grant a certificate of public convenience and necessity contingent upon approval by the OEPA of final detail plans.

(17) Exhibit seventeen

(a) A proposed construction and installation schedule stating in number of days of expected elapsed time of both of the following:

(i) The time between the issuance of the certificate as applied for and the start of active and continued construction of the facilities.

(ii) The time between the date upon which active and continued construction is started and the date of its completion in condition to render the proposed service.

(b) A statement that the applicant will complete all waterworks system and/or sewage disposal system facilities required to adequately serve the entire area for which the certificate of public convenience and necessity is sought and that the completion date will be as stated in paragraph (D)(17)(a)(ii) of this rule, unless work is interrupted by weather or by other conditions beyond applicant's control.

(18) Exhibit eighteen

A statement that there is a present and continuing need by the public in the area encompassed by the application for facilities and services of the type which applicant proposes to provide.

(19) Exhibit nineteen

A statement evidencing that no existing agency, publicly or privately owned or operated, would or could economically and efficiently provide the facilities and services needed by the public in the area which is the subject of the application.

(20) Exhibit twenty

A statement describing the public convenience to be served by means of granting a certificate of public convenience and necessity to applicant, and a list of the counties and any municipal corporations proposed to be served in whole or in part.

(21) Exhibit twenty-one

A proposed legal notice containing all the information required by paragraphs (C)(2)(d)(i) to (C)(2)(d)(v) of rule 4901:1-15-04 of the Administrative Code.

(22) Exhibit twenty-two

An affidavit attesting to and adopting all filings submitted with the application. The affiant shall not be the applicant's attorney, but may be any other person qualified to sign the application pursuant to paragraph (C) of this rule.

Last updated January 8, 2024 at 2:58 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-06 Fiduciary operation of waterworks companies and/or sewage disposal system companies.

Upon the occurrence of a change in the operation of a waterworks company and/or sewage disposal system company under the jurisdiction of the commission, such that a personal representative, surviving partner, receiver, trustee or other fiduciary continues the operation of the company, written notice setting forth the change in the operation of the company and explaining the reason for the change shall be filed with the commission within thirty days.

Last updated July 13, 2023 at 2:25 PM

History

Effective: March 24, 2003
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-07 Amendment of certificates for waterworks companies and/or sewage disposal system companies.

(A) Before extending a waterworks system and/or a sewage disposal system beyond the boundaries of the area for which a certificate of public convenience and necessity has previously been granted, the holder of the certificate shall apply to the commission for an amendment to the certificate for the proposed expansion area.

(B) Public hearing on and notice of an application to amend a certificate of public convenience and necessity shall be governed by rule 4901:1-15-05 of the Administrative Code. If the event requiring the certificate to be amended, results in a change in the information required by rule 4901:1-15-05 of the Administrative Code, this information shall be updated and filed along with the below information:

(1) A statement stating whether or not additional construction (excluding any main extensions) will be necessary to serve the new territory. If new construction will be required, the applicant shall file:

(a) A general description of the facility to be constructed. If the applicant is proposing a self-contained water or sewer plant or system, the applicant shall file the information required by paragraph (D)(7) of rule 4901:1-15-05 of the Administrative Code.

(b) The approximate cost of the additional facility.

(d) A statement explaining how soon, after construction is commenced, the applicant will be able to initiate service to the amended service area.

(C) If a waterworks company and/or sewage disposal system company operating in a grandfathered area within the state of Ohio proposes to extend the boundaries of the system(s) to serve additional territory, and if the company is not the holder of a certificate of public convenience and necessity for the area presently served, the company shall apply to the commission for a certificate of public convenience and necessity for the existing and proposed expansion area as required by rule 4901:1-15-05 of the Administrative Code.

Note: The commission will interpret the phrase "or expanding", as used in section 4933.25 of the Revised Code, as referring to territorial expansion of a service area.

(D) Amendment for limitation of service.

If, after a certificate of public convenience and necessity has been granted by the commission, the holder of the certificate finds themselves unwilling or unable to meet the full requirements for service as stated in the application, the holder shall apply to the commission for an amended certificate in which authority to render waterworks service and/or sewage disposal service may be limited in accordance with their capabilities.

Last updated January 8, 2024 at 2:59 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-08 Abandonment, cancellation, and substitution of service.

Applications by waterworks companies and/or sewage disposal system companies for authority to abandon, cancel, or substitute all or any portion of their service shall comply with the requirements set forth in paragraphs (B) and (C) of rule 4901:1-15-05 of the Administrative Code, and shall fulfill all the following requirements:

(A) The application for abandonment must be filed in accordance with sections 4905.20 and 4905.21 of the Revised Code.

(B) The application shall contain a complete description of the nature of any operations proposed to be abandoned, cancelled, or substituted and the portion or portions of the service area to be abandoned, cancelled, or substituted and shall set forth the reasons for the abandonment, cancellation, or substitution.

(C) The application shall be accompanied by an affidavit attesting to and adopting all filings submitted with the application. The affiant shall not be the applicant's attorney, but may be any other person qualified to sign the application pursuant to paragraph (C) of rule 4901:1-15-04 of the Administrative Code.

(D) A copy of the application shall be served by the applicant upon the OEPA at Columbus, Ohio, and this service shall be indicated on the copies of the application filed with the commission.

(E) Public hearing on and notice of an application filed under this rule shall be governed by rule 4901:1-15-04 of the Administrative Code.

Last updated January 8, 2024 at 2:59 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-09 Transfer of certificate with property transfer.

(A) No certificate of public convenience and necessity to construct and/or operate a waterworks company and/or sewage disposal system company may be transferred or assigned unless the transaction is first approved by the commission.

(B) An application for approval of the transfer of a certificate of public convenience and necessity to construct and/or operate a waterworks system and/or sewage disposal system shall be a joint application, and at its discretion, the commission may provide for a public hearing upon notice of an application as set forth by rule 4901:1-15-04 of the Administrative Code.

(C) Any application for approval of the transfer of a certificate of public convenience and necessity to construct and/or operate a waterworks system and/or a sewage disposal system shall include a conformed copy (or copies) of all agreements pertinent to the transfer that have been or will be entered into between the transferor and the transferee. This shall include all documents pertaining to the transfer of ownership or control of the waterworks system and/or sewage disposal system specified in the certificate to be transferred.

(D) By an entry or order issued by the commission, the transferee will file, in its name, new tariff documents which show the same rates, charges, and rules and regulations as those shown in the tariff documents currently filed with the commission by the transferor, except for the changes ordered by the commission.

(E) If any individual, partnership, or corporation proposes to acquire a waterworks system and/or sewage disposal system from an individual, partnership, or corporation which has constructed or owned and operated the system(s) without authority from the commission, and if the entity acquiring the system is, or will become by such acquisition, a public utility subject to commission jurisdiction, an application for a certificate of public convenience and necessity to operate a waterworks company and/or sewage disposal system company shall be filed with the commission. The application shall fulfill all the requirements of rule 4901:1-15-05 of the Administrative Code governing the filing of an application for a certificate of public convenience and necessity.

(F) If the acquiring entity is the holder of a certificate of public convenience and necessity issued by this commission to construct or operate a waterworks system and/or sewage disposal system and the entity being acquired is also the holder of a certificate of public convenience and necessity from the commission, an application to transfer the certificate for the area to be acquired shall be filed. If transferring the certificate results in a change in the information required by rule 4901:1-15-05 of the Administrative Code, this information shall be updated, and filed along with the following information:

(1) An executive summary of the terms and conditions of the transfer.

(2) A copy of the transfer contract.

(3) The details of the acquiring entity's financing plan to purchase or lease the plant to be transferred.

(4) A general description of the acquiring entity's operations plan noting the changes from the transferor's present operation.

Last updated January 8, 2024 at 3:00 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-10 Construction, maintenance of plant and equipment, and interruption notification for planned outages and flushings.

(A) All improvements or additions to any system of a waterworks company and/or sewage disposal system company involving construction which would alter the capacity of such system, by one per cent or more of that system's design capacity, shall be indicated in writing by the company to the director of the commission's service monitoring and enforcement department prior to construction. The director of the service monitoring and enforcement department will determine whether the associated construction plans, and specifications, also need to be submitted. All facilities and equipment shall be identified either on the plan or engineering drawings, or written in detail in an attached report. If applicable, the OEPA approval letter indicating acceptance of the plans, specifications, and engineering drawings shall be submitted by the company to the director of the service monitoring and enforcement department prior to construction. The items required to be submitted pursuant to this paragraph may be provided either in hard copy or electronically via the internet in a manner prescribed by the director of the service monitoring and enforcement department.

(B) Maintenance of plant and equipment:

(1) Each waterworks company and/or sewage disposal system company shall have and follow a system-specific maintenance plan and schedule to include, but not be limited to, source-of-supply, treatment, distribution, and storage facilities. Commission staff may review the plan and schedule at the closest related facility.

(2) Each waterworks company and/or sewage disposal system company shall make repairs consistent with industry-accepted utility engineering standards and using industry accepted materials. Individuals performing work must have the necessary training and qualifications, and have any required certifications for the specific work being performed.

(3) Each waterworks company shall avoid dead ends in the distribution mains so far as possible. If such dead ends exist, the waterworks company shall provide facilities for flushing. Flushing facilities shall be sized to provide at least a flow velocity of 2.5 feet per second.

(4) Each waterworks company shall flush each of its mains at least annually, or in the case of dead-end mains, at least twice annually.

(5) Each waterworks company shall establish a valve and hydrant inspection program which includes operating valves and hydrants through their full cycle. Plant and pumping station valves and valves on transmission mains or at critical locations on distribution mains shall be kept in good operating condition and shall be inspected at least annually. Valves on local distribution system mains shall be inspected every two years. Valves and hydrants found to be inoperable shall be repaired or replaced. Valve covers shall be maintained at or above grade level and not paved over. The company shall maintain records of the date and type of each inspection and all maintenance. These records shall be available for review by the commission staff at the company's plant(s).

(6) Each waterworks company's storage tank(s) shall be inspected by a person or firm qualified to inspect storage tanks at least every five years. Commission staff may review these records at the company's plant(s).

(7) Each sewage disposal system company shall annually inspect each of its manholes. Manholes and sewer lines shall be kept in good operating condition. Manhole covers shall be maintained at or above grade level and not paved over. The company shall maintain inspection records to include, but not be limited to, the date, location, inspector, and condition of each manhole, and all maintenance performed on the manholes and collection system. Commission staff may review these records at the closest related facility.

(1) Each waterworks company and/or sewage disposal system company shall notify, either in hard copy or electronically via the internet, the commission's director of the service monitoring and enforcement department and the Ohio consumers' counsel at least two days in advance of all:

(a) Planned outages affecting one hundred customers or ten per cent of the system's customers whichever number is smaller and expected to last over four hours;

(b) Major operational events; or

(2) Each waterworks company and/or sewage disposal system company shall notify affected customers at least three days in advance of any planned outages or planned main flushings. The notice shall be given to the customer(s), delivered in writing, or by notice printed in a newspaper of general circulation serving the community or by an obvious sign posting in the company's affected service territory. Two days advance notice shall be permitted if delivered electronically to the commission's staff and the Ohio consumers' counsel and delivered telephonically to customers. The notice shall state the date and estimated duration of the outage or flushing for affected area(s) and a local or toll-free telephone number that customers may call with questions. If a waterworks company and/or sewage disposal system company has a web site, then it must post on its web site any planned outage by the date of the outage.

Last updated January 8, 2024 at 3:00 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-11 Access to customer's premises.

(A) No tariffs of waterworks companies and/or sewage disposal system companies shall contain provisions by which a company, its employees, or agents have or will claim the right to enter into the dwelling or structure of any customer except by permission granted by a person holding himself or herself as being responsible for the dwelling or structure.

(B) This rule shall not be construed to prevent a company from discontinuing service, as specified in rule 4901:1-15-27 of the Administrative Code, to a customer for the unreasonable denial of access to a dwelling or structure required for the rendering of utility service in accordance with a company's tariff approved by the commission. This rule also shall not be construed as limiting or eliminating property rights granted to waterworks companies and/or sewage disposal system companies by easements or other estates or interests in land.

(C) Any employee or agent of a company seeking access to the dwelling or structure of a customer shall voluntarily identify himself or herself, provide proper company photo identification, and state the reason for the visit. The employee or agent shall, in all cases, direct himself or herself to a person holding himself or herself as being responsible for the dwelling or structure. Entrance will not be sought or gained by subterfuge or force.

Last updated July 13, 2023 at 2:26 PM

History

Effective: March 24, 2003
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-12 Emergency operations.

(A) Each waterworks company and/or sewage disposal system company shall make every reasonable effort to have on site, within twenty-four hours of a failure of any system component that would prohibit the company from providing service to any of its customers, necessary back-up equipment to keep its system in operation. The company shall maintain a current inventory record and a list of sources of back-up equipment.

(B) Each waterworks company and/or sewage disposal system company shall have posted both in its plant(s) and office(s) a list of procedures to be followed in the event of a failure of its system as described in paragraph (A) of this rule. The names, addresses, and telephone numbers of key operating personnel and contractors shall be posted in a conspicuous area. This list shall be updated at least annually.

(C) Each waterworks company and/or sewage disposal system company shall make every effort to avoid service outages. When an outage occurs, service shall be restored as quickly as possible, consistent with safe procedures.

(D) In the event of an unplanned service outage affecting one hundred customers or ten per cent of the system's customers, whichever number is smaller, and expected to last over four hours, or a major operational event, each waterworks company shall promptly notify the commission's director of the service monitoring and enforcement department or the director's designee. The notification, either in hard copy or via the internet electronically, shall include, but not be limited to, the system affected, outage location, estimated number of customers affected, the steps taken to notify the affected customers, action taken or to be taken to restore service, and the approximate time when service will be restored. The company shall update the commission's director of the service monitoring and enforcement department of the situation and indicate the approximate length of time it will take to restore service and any boil advisory information.

(E) In the event of a sewerage back-up in a collection main, or a major operational event, each sewage disposal system company shall promptly notify the commission's director of the service monitoring and enforcement department. The notification shall include, but not be limited to the system affected, back-up location, estimated number of customers affected, action taken or to be taken to eliminate the back up, and the approximate length of time when the back-up will be eliminated. The required notification shall be provided either in hard copy or electronically via the internet.

Last updated January 8, 2024 at 3:01 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-14 Records and reports.

(A) Unless otherwise authorized by the commission, all records required by these rules shall be made available to the commission or its authorized representatives within ten business days of the date requested and comply with appendix A to rule 4901:1-9-06 of the Administrative Code.

(B) Access to records and business activities includes such records and activities as would allow the commission staff to effectively monitor Ohio-specific customer calls made to the waterworks company and/or sewage disposal system company other than small waterworks companies and/or sewage disposal system companies of fifteen thousand customers or less. Access includes the ability of commission staff to adequately monitor waterworks company's and/or sewage disposal system company's customer call center interactions with Ohio customers either at a location in Ohio or in a manner agreed to by the commission staff. Staff may monitor customer/consumer calls of waterworks companies and/or sewage disposal system companies without the customer service representative's knowledge of the monitoring.

(C) All waterworks companies' records, shall be retained as set forth in this rule and in appendix A to rule 4901:1-9-06 of the Administrative Code. Records include, but are not limited to, interruptions, outages, main flushings, and pertinent service-related tests.

(D) Each waterworks company and/or sewage disposal system company shall keep a customer record showing revenues by customer account, billing dates, meter reading data when applicable, a designation of the applicable rate schedule, and any additional information required in the computing of bills. The customer record shall also illustrate, by customer account, the revenues generated by each miscellaneous charge. Such record(s) shall be retained for a minimum of three years.

(E) Each waterworks company and/or sewage disposal system company shall investigate and maintain a record of all consumer complaints made either in person, in writing, or by telephone. The record shall include the name and address of the customer or consumer, identification of the specific water and/or wastewater system serving the customer or consumer, the date and nature of the issue, and the date and nature of the resolution.

(F) Waterworks company and/or sewage disposal system company operation records:

(1) Each waterworks company shall maintain a record of the amount of water pumped into the distribution system each day. Each sewage disposal system company shall maintain a record of the amount of wastewater effluent discharged from the plant.

(2) Each waterworks company and/or sewage disposal system company shall keep a current maintenance log of equipment pertaining to production, treatment, distribution, storage, and collection facilities, specifying type and date of maintenance.

(3) Each waterworks company and/or sewage disposal system company shall keep a record of the operation of its plant, which so far as practical, shall show such details of plant operation as may be necessary to substantially reproduce the daily history of its operation. The records shall be maintained in accordance with rule 4901:1-9-06 of the Administrative Code.

(4) Each waterworks company shall maintain records of flushing which include, but are not limited to:

(a) Date of flushing.

(b) Location of flushing.

(d) Maintenance or repair made or needed of flushing facilities.

(G) Engineering maps and records:

(1) Each waterworks company and/or sewage disposal system company shall maintain current service territory maps.

(2) Each waterworks company shall maintain current service area maps, drawings, and other records illustrating the location of all pumping stations, sources of supply, treatment facilities, storage facilities and their capacity, mains, valves, curb stops, pressure gauges, fire hydrants, and the date of construction of all principal items of plant and extensions of mains.

(3) Each sewage disposal system company shall maintain current service area maps, drawings, and other records illustrating the location of all points at which effluent enters streams or watersheds, lift stations, manholes, treatment facilities, collection lines, and the date of construction of all principal items of plant and extensions of mains.

(H) Quarterly operating reports

Each waterworks company and/or sewage disposal system company shall provide to the commission's director of the service monitoring and enforcement department a quarterly operating report for each of its systems containing system performance information, system maintenance information, and customer service information. The reports necessary under this chapter will be provided either in hard copy or electronically via the internet in a manner prescribed by the commission.

Last updated January 8, 2024 at 3:01 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-15 Minimum contents of a waterworks company and/or sewage disposal system company tariff.

(A) As a part of its tariff(s), each waterworks company and/or sewage disposal system company shall maintain on file with the commission all of the following:

(1) The items required by section 4905.30 of the Revised Code.

(2) A statement that nothing within the company's tariff shall take precedence over the rules set forth in this chapter, unless otherwise specifically ordered by the commission pursuant to rule 4901:1-15-02 of the Administrative Code.

(3) A table of contents.

(4) A complete tariff subject index in alphabetical order, showing the organization of the tariff and the effective date of each subject.

(5) A definition section with the words or phrases to be defined in alphabetical order.

(6) Rate schedule(s) and miscellaneous charge(s).

(7) A copy of each type of application-for-service form used by the company.

(8) Rules and regulations under which service is furnished shall include, but not be limited to:

(a) Provisions addressing company service lines.

(b) Provisions addressing customer service lines.

(d) Service connection and tap-in provisions.

(e) Meter installation, if applicable.

(f) Curb stops, main extensions, and access to premises.

(g) Complaints.

(9) Provisions addressing bills and payments which includes, but is not limited to, billing intervals and procedures, due date(s), and late payment procedures.

(10) Provisions addressing contracts for service which includes, but is not limited to, contracts for service, special contracts, temporary service, and customer deposits.

(B) Each tariff sheet of the tariffs of each waterworks company and/or sewage disposal system company shall contain all of the following:

(1) Company name at top left page.

(2) P.U.C.O. number at top center page.

(3) Sheet and revision numbers at top right page. Section number, where applicable, shall appear below sheet and revision numbers.

(4) Issued date at bottom left page.

(5) Authorizing docket case number, and date of the commission order approving the tariff or revision at bottom center page.

(6) "Issued by" statement at bottom center page.

(7) Effective date at bottom right page.

(C) A copy of each type of bill form used by the company and a copy of the company's notification of customer rights shall be maintained on file with the commission and include the date of filing at the bottom of the documents. The documents shall be attached to the back of the company's tariff(s). The attachment shall not be considered an official part of the tariff and, therefore, shall not bear any tariff page markings.

Last updated January 8, 2024 at 3:02 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-16 Notification of customer rights.

(A) Each waterworks company and/or sewage disposal system company shall provide, at the time service is initiated, to new customers and upon the request of an existing customer a summary of their rights and obligations under these rules. The notice shall include current information, be in plain language, and shall be delivered to customers separately by mail or in person. Electronic notice shall be provided, if requested by the customer. The notice shall include, but not be limited to, all of the following:

(1) A description of the complaint procedures available at the waterworks company and/or sewage disposal system company and the commission. The notice shall clearly state the means by which a complaint can be made to the company, including a local or toll free telephone number. The notice shall further include the following statement:

If your complaint is not resolved after you have called (name of utility), or for general utility information, residential and business customers may contact the public utilities commission of Ohio PUCO for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service).

(2) A listing of the rights and obligations of customers relating to the installation of service, payment of bills, disconnection of service, reconnection of service, and testing of meters and of the utility's business office and availability of customer representatives.

(3) A description of the customer's rights regarding the holding and demanding of security deposits by the company; and any other methods used by the company to establish a residential customer's creditworthiness, as set forth in the company's tariff and in Chapter 4901:1-17 of the Administrative Code.

(4) A statement that the customer has a right to see a proper company photo identification whenever company employee(s) or agent(s) seek access to the customer's premise(s).

(5) A statement that the company's rates, rules, and regulations (tariff) are available for review upon request.

(6) Customer notification of the availability of a medical certificate.

(7) A statement that the commission has adopted a comprehensive set of minimum standards for waterworks companies and/or sewage disposal system companies, as set forth in this chapter which is available from the company or from the commission for review upon request.

(B) A waterworks company and/or sewage disposal system company that initiates or changes its notification of customer rights under these rules, shall file the proposed notification with the commission for approval. If the commission does not act upon a waterworks company's and/or sewage disposal system company's proposed notification of customer rights within forty-five days, it shall become effective on the forty-sixth day after the initial filing is made with the commission. Approved notifications of customer rights shall be filed with the commission in the company's "TRF" docket.

Last updated July 13, 2023 at 2:26 PM

History

Effective: November 2, 2017
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-17 Business offices.

(A) All waterworks companies and/or sewage disposal system companies shall provide both an address to which a customer may write and a local or toll-free number a customer may call to obtain information relating to services, rates, and the customer's bill.

(B) All waterworks companies and/or sewage disposal system companies shall maintain a staffed business office located in the customer's local service territory or provide a knowledgeable company representative with the authority to resolve disputes, to meet, by timely appointment, with customers in their local service territory to discuss billing- or service-related concerns.

(C) Each waterworks company and/or sewage disposal system company shall notify its customers, the commission, and the Ohio consumers' counsel of any planned change of address or telephone number of the company at least thirty days prior to the change. If a waterworks company and/or sewage disposal system company has a web site, then it must post on its web site any planned change of address or change of telephone number of the company by the date of the change. In the event of an unplanned change, the company shall notify the commission and the Ohio consumers' counsel immediately, change its website as soon as practicable, and notify its customers as soon as possible, but not later than thirty days after it has notified the commission. The required notifications to the commission and the Ohio consumers' counsel shall be provided either in hard copy or electronically via the internet in a manner prescribed by the commission.

(D) An authorized agent is any individual or business designated by the waterworks company and/or sewage disposal system company to act as its representative in the conduct of its business, including the collection of monies and the issuance of receipts for payments of bills. When a customer pays a bill at the waterworks company and/or sewage disposal system company business office or to an authorized agent, that payment, including any partial payment, shall be credited to the customer's account as of the date it was received by the waterworks company and/or sewage disposal system company or an authorized agent.

Any charge or fee added to a customer's bill by an authorized agent must be reasonable. Each waterworks company and/or sewage disposal system company shall maintain records of such charges or fees for two years.

Last updated January 8, 2024 at 3:02 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-18 Public information.

(A) Each waterworks company and/or sewage disposal system company shall provide to the customer within ten business days after the request, each of the following:

(1) Rules of Chapter 4901:1-15 of the Administrative Code, that pertain to the customer's concern.

(2) Publicly announced information concerning present and intended future availability of services.

(3) Services and rates as proposed in pending tariff(s) or rate case filing(s).

(4) All tariffs and rules applicable to the customer's concern in the company's service area.

(Upon agreement with the customer, a company may provide the information on its web site or by e-mail.)

(B) Each waterworks company and/or sewage disposal system company shall make available, immediately upon inquiry, the current telephone number(s) and address(es) of the agency(ies) regulating the company.

Last updated July 13, 2023 at 2:26 PM

History

Effective: August 22, 2008
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-19 Meter reading, inspecting, testing, and the location of meters.

(A) This rule only applies to waterworks companies and/or sewage disposal system companies providing metered service. Each company shall read customer meters at least once during a three-month period unless access to the meter is unobtainable. If access to a meter is unobtainable on a quarterly basis, then each company must read each customer's meter at least once per year. The reading of a generator-type or pulse-type remote meter device does not satisfy this requirement.

(B) Inspecting and testing

(1) All billing meters and testing equipment shall comply with the industry accuracy standards such as those set forth by the American water works association.

(2) Each company shall perform routine testing of billing meters and maintain records of individual meters. Such records shall contain numerical identification of the meter, meter size, testing conditions, test results, testing date, and name of the meter tester.

(3) Each company shall perform either an on-site or bench meter test once every three years, without charge, if requested by the customer. The meter test shall be performed within thirty days from the request. The company may request a reasonable justification for a meter test. Results of an on-site meter test shall be provided to the customer at the time of the test. Should the on-site meter test indicate primary meter inaccuracy, the primary meter shall be removed and bench tested in accordance with the accuracy standards set forth in paragraph (B)(1) of this rule. If an on-site meter test is conducted or, if the primary meter is removed for off-site testing, the company shall provide the customer the test results and any associated billing adjustments in writing. If the primary meter fails to meet the accuracy standards, the company shall, within thirty days, perform any necessary billing adjustments.

(4) The customer has the right to be notified of the scheduled test date and, at the customer's request, the customer or the customer's representative may be present when the meter test is performed.

(5) Records of all tests shall be maintained for a period of not less than three years.

(1) The company shall have the right to determine the location of the meter so that it is easily accessible for reading and maintenance, and protected from freezing and mechanical damage.

(2) When a number of meters are grouped, every meter shall be tagged to indicate the particular customer served by it.

(3) When a meter is located inside a home or other building, the company may install a remote register or dial on the exterior of the home or other building.

Last updated January 8, 2024 at 3:03 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-20 Quality and adequacy of service.

(A) Each waterworks company and/or sewage disposal system company shall provide service to the public in its service territory twenty-four hours per day, every day, except as provided for elsewhere in this chapter.

(B) Each waterworks company and/or sewage disposal system company shall:

(1) Comply with its approved tariff(s) on file with the commission.

(2) Place the responsibility for the technical operation and maintenance of the system(s) under the charge of an "operator of record" who holds a certificate of a level at least equal to that of the classification of the waterworks system and/or sewage disposal system as designated by the OEPA, or has obtained authorization from the director of the OEPA.

(1) Furnish potable water that is of a safe and satisfactory quality for all domestic use and that is in compliance with federal and state requirements for drinking water.

(2) Ensure that each service connection shall have a curb stop or other means of isolating the service connection and that each customer can be disconnected without affecting another customer.

(3) Maintain a minimum static pressure delivered to the curb stop during normal operating conditions of thirty-five pounds per square inch.

(4) Not allow pressure to exceed one hundred twenty-five pounds per square inch at the curb stop.

(5) Minimize water loss in the water system distribution system by operating a water loss control program meeting the minimum criteria outlined herein.

(a) For water systems that have less than three thousand total active and inactive service connections, the water company shall:

(i) Calculate and determine water loss volume in gallons per service connection per day per system average operating pressure (gals/connection/day/psi) based on a rolling twelve month average in each of its system(s) and report on the quarterly report.

(ii) Establish a target water loss volume (TWLV) in gallons per service connection per day per system operating pressure (gals/connection/day/psi) for each of its system(s) based on a minimum of twelve months of data. The TWLV shall be reviewed and approved by staff annually.

(iii) Determine the percentage of water loss from the water system based on a rolling twelve month average in each of its system(s) and report on the quarterly report. The water company should also provide appropriate water loss information to commission staff upon request.

(b) The percentage of water loss is the water loss volume divided by the total system delivery volume.

The water loss volume is the total system delivery volume minus metered consumption volume minus non-metered water loss volume. Where:

(i) Total system delivery volume (in gallons) of water delivered into the water distribution in gallons.

(ii) Metered consumption volume (in gallons) including both revenue and non-revenue water as measured by a metering device

(iii) Non-metered water loss volume (in gallons) includes water usage for firefighting purposes, flushing, tank draining, street cleaning, sewer flushing, plant usage, and water loss from surfacing water leaks repaired within five days of becoming aware of the water leak.

(i) Determine the economic level leakage and develop a water loss remedial program based on the economic level leakage to achieve a water loss equal to or less than fifteen per cent or shall justify for staff's approval a more economically realistic goal based on a cost/benefit analysis.

(ii) Determine the economic level leakage and develop a water loss remedial program based on the economic level leakage to achieve a specific water loss volume per connection per day per psi for staff's review and approval.

(d) For water systems with more than three thousand total service connections or a service connection of more than sixteen service connections per mile of distribution main, the water company shall:

(i) Calculate the infrastructure leakage index (ILI) annually using the American water works association's "M36 Water Audits and Loss Control Programs" (fourth edition, 2016) software. Non-revenue water is the preferred metric for this calculation.

(ii) Utilize preliminary target ILI's established by commission staff for each system based on criteria set forth in the American water works association's "M36 Water Audits and Loss Control Programs" (fourth edition, 2016). The preliminary target ILI may be adjusted based on the calculated economic level of leakage when a system's annual ILI exceeds or is equal to the preliminary target ILI.

(iii) Determine the economic level of leakage and develop a water loss remedial program based on the economic level of leakage.

(iv) Not be required to calculate the economic level of leakage when the calculated annual ILI for a system is equal to or less than 3.0.

(e) Water systems shall only be required to decrease system water loss to the economic level of leakage.

(f) Submit an annual water loss control program report documenting the requirements above to the commission with supporting documents by March thirty-first of the year following the reporting year.

(D) Each sewage disposal system company shall:

(1) Make all reasonable efforts to design, operate, and maintain its system so as to avoid at all times any blockage in the system.

(2) Make every effort to eliminate infiltration that may allow flows other than wastewater to enter the collection system.

(3) Maintain its system in a safe and sanitary manner.

(E) When a waterworks company and/or sewage disposal system company is not able to meet the requirements of Chapter 4901:1-15 of the Administrative Code, the company shall notify the director of the service monitoring and enforcement department immediately, unless otherwise provided in Chapter 4901:1-15 of the Administrative Code, after the company becomes aware of its inability to meet these standards. The company shall investigate, take appropriate corrective action, and provide a report of such activities to the commission's director of the service monitoring and enforcement department within thirty calendar days after originally notifying the commission. The required notification and report shall be provided either in hard copy or electronically via the internet in a manner prescribed by the commission.

Last updated January 8, 2024 at 3:03 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-21 Service applications and contracts.

(A) Any waterworks company and/or sewage disposal system company that offers customers or potential customers contracts in writing, or by telephone, or by making application through the company's web site shall not obligate the customer to do more than the following:

(1) Accept the service applied for.

(2) Use and pay for such service in accordance with specific conditions set forth on the form or in the company's tariff.

(B) A company that chooses to offer customers an application for service through its web site, and requires these customers to provide proprietary information, shall ensure that the web site is secure. The customer must also be provided with the option to print a copy of the application.

(C) In addition, the following statement shall appear on the company's application form, or on applications made available through the company web site. Customers or potential customers applying for service by telephone do not waive any of the below stated rights.

"Signing of this form by a customer for water or sewer service shall in no case be deemed to constitute a waiver by the customer of any rights or privileges granted or guaranteed to him/her by the laws or constitution of the state of Ohio or by those of the United States." This statement shall be positioned on the form directly above the space provided for the customer's signature and, shall be in type larger than that used in other parts of the form.

Last updated July 13, 2023 at 2:26 PM

History

Effective: August 22, 2008
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-22 Liability - customer to company and/or company to customer or others.

No tariffs of a waterworks company and/or sewage disposal system company shall incorporate exculpatory clauses, which purport to limit or eliminate liability on the part of the company to its customers or others as a result of willful misconduct. No waterworks company and/or sewage disposal system company tariffs shall incorporate provisions which purport to establish liability on the part of the company's customers for acts or failures to act involving a company's facilities, which are beyond the control of the customer.

Last updated January 8, 2024 at 3:04 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-23 Customer bill format.

(A) Each customer bill shall be accurate and rendered at regular intervals and contain the following information:

(1) Customer name, billing address, service address, and account number.

(2) Company name, telephone number(s), and mailing address.

(3) Address or P.O. box where payment may be made.

(4) Billing date.

(5) Payment due date.

(6) Amount due if paid on or before due date.

(7) Amount due if paid after due date.

(8) Miscellaneous charges and credits, if any.

(9) If metered service is provided, previous and current meter readings and billed volume.

(10) Dates of service covered by bill.

(11) The applicable rate schedule or a statement to the effect that the applicable rate schedule will be furnished on request.

(12) A distinct marking to identify an estimated bill.

(13) The current local or toll free telephone number of the commission's call center or the following statement for all waterworks companies and sewage disposal system companies that serve fifteen thousand or more customers, (companies that serve less than fifteen thousand customers, shall work with staff):

"If your complaint is not resolved after you have called (name of provider), or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service).

(B) A waterworks company and/or sewage disposal system company that initiates or changes its customer bill format under this chapter shall file the proposed sample bill format with the commission for approval. If the commission does not act upon a waterworks company's and/or sewage disposal system company's sample bill format within forty-five days, it shall become effective on the forty-sixth day after the initial filing is made with the commission. Approved bill formats shall be filed with the commission in the company's "TRF" docket.

Last updated July 13, 2023 at 2:27 PM

History

Effective: November 2, 2017
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-24 Billing and billing adjustments.

(A) All bills shall be mailed or, if requested by the customer, e-mailed no later than the billing date.

(B) All bills and notices shall be sent to the premises served unless otherwise requested by the customer in writing or unless e-mail notices have been requested by the customer.

(C) If a meter is found to be inaccurate or an estimated bill is issued, the bill shall be based on average historical consumption during corresponding periods for that specific customer. If consumption history for the customer does not exist, the same system class average consumption shall be used.

(D) If a bill is found to have been improperly calculated, a credit or charge shall be made by the company within thirty days or on the next bill.

(E) The company shall allow a customer up to the same period of time for which the customer was previously undercharged to pay any additional charges found proper due to inaccurate meters or incorrect bill calculation, unless the inaccuracy is caused by the customer.

Last updated July 13, 2023 at 2:27 PM

History

Effective: August 22, 2008
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-25 Payment responsibilities.

Failure to receive bills or notices does not relieve the customer of responsibilities or obligations set forth in the bills or notices.

Last updated January 8, 2024 at 3:04 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-26 Past due bills.

(A) All bills shall be due not less than fourteen days from the billing date as shown on the bill. The billing date shall be no earlier than the postmark on the billing mailer or, if e-mailed, the date that the e-mail is sent. If not paid by the due date shown on the bill, the bill will be considered past due and may be subject to a late payment charge, if any, as set forth in the company's tariff(s) and as approved by the commission.

(B) Service may be subject to disconnection for nonpayment.

Last updated January 8, 2024 at 3:05 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-27 Disconnection procedures.

(A) Service may not be refused or disconnected to any customer or refused to any applicant for service unless the company complies with all of the disconnection procedures contained in this rule. Service shall not be disconnected to any customer unless the disconnection conditions in this rule may be specifically applied to that customer.

(B) Service may be refused or disconnected to any customer or refused to any applicant for service as stated in this paragraph. In an instance where a customer's service could be disconnected under more than one of the following conditions, the minimum notice provision (which includes no notice) will be provided.

(1) No notice is required in any of the following instances:

(a) For tampering with any main, service line, meter, curb stop, curb box, seal, or other appliance under the control of, or belonging to, the company.

(b) For connecting the service line or any pipe directly or indirectly connected to it with any other source of supply or with any apparatus which may, in the opinion of the company, contaminate the company's water supply or threaten the integrity of the system.

(c) For any other violation of or failure to comply with the regulations of the company which may in the opinion of the company or any public authority, create an emergency situation.

(2) The customer must be given not less than twenty-four hours written notice before service is disconnected when any of the following conditions exist:

(a) For the use of water for any purpose not stated in the application, or for the discharge of any type of sewage not stated in the application, or for the use of either service upon any premises not stated in the application.

(b) To prevent waste or reasonably avoidable loss of water.

Personal delivery of the notice to the customer's premise shall first be attempted. If personal service cannot be accomplished at that time, then the notice shall be securely attached to the premises in a conspicuous manner.

(3) The customer must be given not less than fourteen days written notice before service is disconnected when any of the following conditions exist:

(a) For nonpayment of any tariffed charges when due or within any additional period for payment permitted by the company, or for not making a deposit as required. Disconnection of service for nonpayment may not occur prior to fourteen days after the due date.

(b) For any violation of, or failure to comply with, the regulations of the company other than stated in paragraph (B)(1) of this rule.

(d) For denial to the company of reasonable access to the premises for the purpose of reading, inspection, replacement, or maintenance of the meter.

(e) For violation of federal, state, or local laws or ordinances where such violation affects the provision of utility service by a waterworks company and/or sewage disposal system company.

(C) Service may not be refused or disconnected to any customer or refused to any applicant for service for any of the following reasons:

(1) Failure to pay for service furnished to a customer(s) formerly receiving service at the premises, unless the former customer(s) continues to reside at the premises.

(2) Failure to pay for a class of service different from the service provided for the account in question.

(3) Failure to pay any amount which, according to established payment dispute and resolution procedures, is in bona fide dispute.

(4) Failure to pay any charge not specified in the company's tariff.

(D) A notice of disconnection shall clearly state all of the following:

(1) The earliest date when disconnection could occur.

(2) The reason(s) for disconnection.

(3) The action the customer must take in order to avoid the disconnection.

(4) The total amount required to be paid, which shall not be greater than the past due balance.

(5) The address and local or toll-free telephone number of the office of the waterworks company and/or sewage disposal system company that the customer may contact in reference to his or her account.

(6) The current address and local or toll-free telephone number of the commission's call center and a statement that commission staff is available to render assistance with unresolved complaints, as well as the contact information for the Ohio consumers' counsel and a statement that it is available to render assistance with unresolved complaints of residential customers.

(7) A statement that failure to pay the amount required by the date specified on the notice may result in an additional charge for reconnection.

(8) As applicable, a statement that there is a dishonored payment balance on the account and that the company may deny the customer's use of medical certificates if that balance is not paid.

(E) If a landlord is responsible for payment of the bill, notice of disconnection of service shall be given to the consumer at least ten days before disconnection could occur. In a multiunit dwelling, written notice shall be placed in a conspicuous place.

(F) The company shall provide disconnection of service notice to one additional consenting party, with the customer's written authorization, for those customers desiring such additional notification.

(G) A waterworks company and/or sewage disposal system company complying with the conditions set forth in this rule may disconnect service during its normal business hours as stated in its tariff; however, no disconnection for past due bills or for not making a deposit as required may be made after twelve thirty p.m. on the day preceding a day that all services necessary for reconnection are not regularly performed or available.

(H) On the day of disconnection of service, the company shall provide the customer with personal notice. If the customer is not at home, the company shall provide personal notice to an adult consumer. If neither the customer nor an adult consumer is at home, the company shall attach written notice to the premises in a conspicuous location prior to disconnecting service. Those company employees or agents who disconnect service at the premises may or may not, at the discretion of the company, be authorized to make extended payment arrangements. Company employees or agents who disconnect service shall be authorized to complete one of the following:

(1) Accept payment in lieu of termination.

(2) Dispatch an employee to the premises to accept payment.

(3) Make available to the customer a means to avoid disconnection.

(I) Waterworks and sewage disposal system companies shall comply with the following medical certification provisions:

(1) In accordance with the certification requirements of this rule, the company shall not disconnect residential service for nonpayment for either of the following situations:

(a) If the disconnection of service would be especially dangerous to the health of any consumer who is a permanent resident of the premises.

(b) When the disconnection of service would make operation of necessary medical or life-supporting equipment impossible or impractical.

(2) The medical condition or the need for medical or life-supporting equipment shall be certified to the company by a licensed physician, physician assistant, clinical nurse specialist, certified nurse practitioner, certified nurse mid-wife, or local board of health physician.

(3) The company shall act in accordance with the following medical requirements:

(a) Upon request of any residential consumer, the company shall provide a medical certification form to the customer or to any health care professionals identified in paragraph (I)(2) of this rule. The company shall use the medical certification form posted on the commission's website.

(b) The certification of the medical condition required by paragraph (I)(1) of this rule shall be in writing and shall include the name of the person to be certified; a statement that the person is a permanent resident of the premises in question; the name, business address, and telephone number of the certifying party; and a signed statement by the certifying party that the disconnection of service will be especially dangerous to the health of the a permanent resident of the premises.

(c) Initial certification by the certifying party may be by telephone if written certification is forwarded to the company within seven calendar days.

(d) Certification shall prohibit disconnection of service for thirty calendar days.

(e) If a medical certificate is used to avoid disconnection, the customer shall enter into an extended payment plan prior to the end of the medical certification period or be subject to disconnection. The initial payment on the plan shall not be due until the end of the certification period.

(f) If service has been disconnected for nonpayment within twenty-one calendar days prior to the certification of either a special danger to the health of a qualifying resident or the need for medical or life-supporting equipment, the company shall restore service to the residence once the certifying party provides the required certification to the company and the customer agrees to an extended payment plan.

(g) If certification is provided to the company prior to three-thirty p.m., the company shall restore the customer's service within the same day. If the certification is received after three-thirty p.m., the company shall reconnect service by the earliest time possible on the following business day. Also, if the certification is received after three-thirty p.m. on a day that precedes a day on which all services necessary for the customer to arrange and the company to perform reconnection are not regularly performed, the company shall make an effort to restore service by the end of the day

(h) A customer may renew the certification two additional times (thirty days each) by providing additional certificates to the company. The total certification period may not exceed ninety days per household in any twelve-month period.

(4) The company shall give notice of the availability of medical certification to its residential customers by means of bill inserts or special notices.

(5) If there is an outstanding balance for a dishonored payment on the customer's account, the company may refuse the medical certification, so long as notice has been given to the customer in accordance with paragraph (D) of this rule.

(J) Each company shall maintain records that clearly set forth the basis for its decision to terminate service for a fraudulent act, tampering, unauthorized reconnection, or theft of service, and the steps taken under this rule.

Last updated July 13, 2023 at 2:27 PM

History

Effective: November 2, 2017
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-28 Reconnection of service.

(A) A waterworks company and/or sewage disposal system company shall reconnect previously disconnected service, unless prevented by circumstances beyond the company's control, or unless a customer requests otherwise, by the close of the following regular company business day after any of the following:

(1) Receipt by the company of the full amount of arrears for which service was disconnected, including any required deposit or reconnection charge.

(2) The elimination of conditions that warranted disconnection of service.

(3) Agreement by the company and the customer on a deferred payment plan and a payment, if required under the plan.

(B) If service is discontinued and the customer wishes to guarantee the reinstatement of service the same day on which payment is rendered, both of the following conditions apply:

(1) If reinstatement of service is requested the same day, the customer must notify the company no later than twelve thirty p.m., and the customer must make payment in the company's business office or provide proof of payment. If payment is made after twelve-thirty p.m. on a day that precedes a holiday or weekend the waterworks or sewage disposal company should make every effort to reconnect service on the same day.

(2) The company may require that the customer sign an agreement to pay the company's incurred costs for reinstatement of service if it occurs after normal company business hours. This fee shall be collected at the time reinstatement of service arrangements are made or rendered with the customer's next billing at the company's discretion.

(C) If a guarantor is required in order to reestablish service, the guarantor must sign an acknowledgement of willingness to accept the responsibility for payment of the customer's bill in case of the customer's default.

(D) A waterworks company and/or sewage disposal system company may not insist upon payment of any current bill, excluding any reconnection charge, before restoring service under this rule unless that bill is more than fourteen days past due.

(E) Notwithstanding the foregoing paragraphs, if a sewage disposal company has physically disconnected the service line from the collection main, or if reconnection otherwise requires excavation or installation of a service line, reconnection shall be performed as soon as practicable.

Last updated January 8, 2024 at 3:05 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-29 Relationships with nonutility entities.

(A) Owners, directors, officers, or employees of a waterworks company and/or sewage disposal system company may not use their utility position as a means to benefit themselves financially by providing service to a customer through a nonutility entity, unless they disclose to the customer the nature of their interest in the nonutility entity providing the service and the customer has the option of selecting an alternative entity to perform or provide the service.

(B) Where installation of service facilities is performed, not by a waterworks company and/or sewage disposal system company itself, but in whole or in part, by a nonutility entity in which any of the waterworks company and/or sewage disposal system company's owners, directors, officers, or employees has an interest, the waterworks company and/or sewage disposal system company must include in the notification to its customers required by rule 4901:1-15-16 of the Administrative Code, a disclosure of the nature of the relationship which exists between the company and the nonutility entity. Such disclosure must also be made by the utility to a customer when a request to install or provide utility service is initiated.

(C) Where installation of service facilities is performed, not by a waterworks company and/or sewage disposal system company itself, but in whole or in part, by a nonutility entity in which any of the waterworks company and/or sewage disposal system company's owners, directors, officers, or employees has an interest, the contract for performance by the nonutility entity, and all billing and collection pursuant to such contract, shall be between the entity performing the installation and the customer requiring installation of the service facilities, and not between the waterworks company and/or sewage disposal system company and either its customer or the nonutility entity performing the work.

(D) A waterworks company and/or sewage disposal system company may administer fees relating to the installation of service facilities when such installation is not performed by the company. Such fees shall be tariffed fees and shall be charged directly to the customer regardless of which nonutility is chosen to perform such installation.

Last updated July 13, 2023 at 2:27 PM

History

Effective: August 22, 2008
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-30 Main extensions and related facilities.

If a waterworks company and/or sewage disposal system company enters into a main extension agreement, the following provisions shall constitute the standards for the extension of water mains and sewer mains and related facilities by a company. These provisions are not intended to prohibit the extension of water mains and sewer mains and related facilities at the initiative of the waterworks company and/or sewage disposal system company.

(A) All agreements entered into concerning main extensions, related facilities or both, funded by contributions in aid of construction, advances in aid of construction, or some combination of both, shall be in writing and signed by the company and the parties involved or the duly authorized agents of each. These written agreements shall embody in their terms and conditions the provisions of this rule.

(B) Waterworks companies and/or sewage disposal system companies shall extend mains and related facilities to serve new customers subject to the provisions of this rule.

(1) "Main extension" means an extension, including any fire hydrants if fire protection is provided by the waterworks company, from the nearest existing adequate main along a route determined in accordance with reasonable utility engineering practices to a point perpendicular to the most remote structure to be served fronting the main extension.

(2) "Related facilities" means all fittings, valves, connections, and other facilities associated with the main extension and required in accordance with reasonable utility engineering practices to provide service to a point perpendicular to the most remote structure to be served fronting the main extension.

(D) Any main extensions and related facilities shall become the property of the waterworks company and/or sewage disposal system company.

(E) The size, type, quality of material, and location of main extensions and related facilities shall be specified by waterworks company and/or sewage disposal system company, and construction shall be done by the company or by contractors acceptable to the company.

(F) The design and route of main extensions shall be determined by the waterworks company and/or sewage disposal system company in accordance with generally accepted utility engineering practices. The length of the main extension shall be determined by measuring from the nearest existing adequate main along a route determined in accordance with generally accepted utility engineering practices to a point perpendicular to the most remote structure to be served fronting the main extension.

(G) Prior to entering into an agreement concerning the extension of mains, related facilities or both, funded by contributions in aid of construction, advances in aid of construction, or some combination of both, a waterworks company and/or sewage disposal system company shall estimate the total of the costs of the main extension, related facilities, and tax or tax impact in accordance with this rule. Such estimate shall be included in the terms and conditions of the agreement. The company shall include in the estimate only that portion of the main extension and related facilities necessary, in accordance with reasonable utility engineering practices, to provide adequate service to the applicant, including provisions for public fire protection. If the company installs mains or related facilities with a capacity in excess of that required to provide adequate service to the applicant, the company shall bear the cost of such oversizing.

(H) The main extension agreement shall embody one of the following methods of payment and the selection of the method shall be at the discretion of the company:

(1) The applicant for a main extension shall be required to advance to the waterworks company and/or sewage disposal system company, before construction is commenced, the estimated total cost of the main extension, related facilities, and tax impact, if applicable. The tax impact shall be calculated by the following method:

Tax impact = [C/(1-R)] - C

C = Dollar value of taxable contribution or advance in aid of construction.

R = Decimal equivalent of applicable marginal rate of federal income tax on value of taxable contributions and advances.

The entire advance including any tax impact shall be subject to refund as provided in paragraph (K) of this rule.

(2) The applicant for a main extension shall be required to advance to the waterworks company and/or sewage disposal system company, before construction is commenced, the estimated total cost of the main extension and related facilities. The cost of the extension and related facilities minus any tax shall be subject to refund as provided in paragraph (K) of this rule. The tax shall be calculated by the following method:

Tax = C x R

C = definition in paragraph (H)(1) of this rule.

R = definition in paragraph (H)(1) of this rule.

(I) All amounts over actual cost shall be refunded and all amounts under actual cost shall be paid within sixty days after completion of the extension.

(J) When more than one applicant is involved, the amount of the advance in aid of construction shall be divided equally among the applicants unless otherwise agreed by the applicants.

(K) Refunds of advances in aid of construction made pursuant to this rule shall be made in accordance with the following method. The waterworks company and/or sewage disposal system company shall pay each year to the party making an advance in aid of construction, or to that party's assignees or other successors in interest where the company has received notice of such assignment or succession, an amount equal to twenty per cent of the total gross annual revenue from water or sewage service to each bona fide customer, other than a subsequent applicant whose service line is connected to main or extension lines covered by the main extension agreement, for a period of not less than fifteen years. Agreements under this rule may provide that any balance of the amount advanced pursuant to the agreement remaining at the end of the fifteen-year period shall still remain payable, in whole or in part, and in such manner as is set forth in the agreement. A balance remaining at the end of the fifteen-year period shall otherwise become nonrefundable.

(L) When more than one applicant is involved, the amount refunded shall be divided among the applicants in proportion to their original advance in aid of construction.

(M) The aggregate refunds under this rule shall in no event exceed the total of the refundable advances in aid of construction. No interest shall accrue on any amounts advanced.

(N) The commission will not approve the transfer of any certificate of public convenience and necessity where the transferor has entered into extension agreements, unless it is demonstrated to the commission that the transferor has agreed to satisfy the refund agreement, or that the transferee has assumed and has agreed to pay the transferor's obligation under the agreements.

(O) A waterworks company and/or sewage disposal system company shall not be required to extend mains unless the prospective customer guarantees in writing, to the company that service will be accepted within thirty days following completion of the main extension, or such longer period as the company and the prospective new customer agree.

(P) A waterworks company and/or sewage disposal system company shall provide temporary service, provided that the applicant for such service agrees in writing to pay in advance to the company the company's estimate of the cost of labor and materials less salvage value on removal for installing and removing such service.

Last updated July 13, 2023 at 2:27 PM

History

Effective: August 22, 2008
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-31 Subsequent connections, service connections, and tap-ins.

(A) If and when at any time during the term of a main extension agreement involving refundable advances in aid of construction pursuant to rule 4901:1-15-30 of the Administrative Code, the owner (hereafter referred to as the subsequent applicant) of any lot abutting the main extension, who was not a party to the main extension agreement, requests service, the waterworks company and/or sewage disposal system company shall collect in advance from each such subsequent applicant funds equal to the total foot frontage of the lot to receive service multiplied by the per-foot frontage charge.

(1) The per-foot frontage charge shall be determined by dividing the total refundable amount of the advance in aid of construction by the total foot frontage of the lots capable of receiving service from the extension.

(2) In the event that the total of the amount already refunded under paragraph (K) of rule 4901:1-15-30 of the Administrative Code, plus the subsequent applicant's fee calculated under paragraph (A) of this rule exceeds the total refundable amount of the advance in aid of construction, the amount collected from the subsequent applicant shall be the difference between the total refundable amount of the advance in aid of construction and the cumulative amount refunded under paragraph (K) of rule 4901:1-15-30 of the Administrative Code.

(3) The waterworks company and/or sewage disposal system company shall refund money collected pursuant to this paragraph to the parties to the main extension agreement, or to their assignees or other successors in interest where the company has received notice of such assignment or succession in proportion to their original deposits. This refund shall be in addition to that provided for in paragraph (K) of rule 4901:1-15-30 of the Administrative Code.

(4) The waterworks company and/or sewage disposal system company shall enter into a written agreement with the subsequent applicant.

(5) Refunds of subsequent applicant fees made pursuant to this rule shall be made in accordance with this method. The waterworks company and/or sewage disposal system company shall pay each year to the subsequent applicant, or to that party's assignees or other successors in interest where the company has received notice of such assignment or succession, an amount equal to twenty per cent of the total gross annual revenue from water or sewage service to each bona fide subsequent applicant whose service line is connected to main or extension lines covered by the main extension agreement. Refunds will terminate when the entire amount of the subsequent applicant's fee has been refunded or when the cumulative amount refunded pursuant to paragraph (K) of rule 4901:1-15-30 of the Administrative Code equals the refundable amount of the advance in aid of construction, or until fifteen years after the date of the main extension agreement, whichever is earliest. Agreements under this rule may provide that any unrefunded balance remaining at the end of the fifteen year period shall still remain payable, in whole or in part, and in such manner as is set forth in the agreement. A balance remaining at the end of the fifteen year period shall otherwise become nonrefundable.

(B) Tariffs of waterworks companies and/or sewage disposal system companies may include provisions governing charges for service connections and tap ins, but in no event shall these provisions require anything more than reimbursement to the companies of the actual, out-of-pocket costs of connecting service.

Last updated July 13, 2023 at 2:28 PM

History

Effective: August 22, 2008
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-32 Uniform system of accounts for waterworks and sewage disposal companies.

(A) The commission adopts the three uniform systems of accounts prepared by the "National Association of Regulatory Utility Commissioners," as described in paragraph (B) of this rule, and requires all waterworks companies under its jurisdiction to conform their accounting practices to the applicable uniform system.

(B) Waterworks companies should use the uniform systems of accounts that were adopted by the "National Association of Regulatory Utility Commissioners" in 1973. The three systems of accounts in the series are entitled:

(1) "Uniform System of Accounts for Class A and B Water Utilities," (utilities having annual operating revenues of two hundred fifty thousand dollars or more).

(2) "Uniform System of Accounts for Class C Water Utilities," (utilities having annual operating revenues of over fifty thousand dollars but less than two hundred fifty thousand dollars).

(3) "Uniform System of Accounts for Class D Water Utilities," (utilities having annual operating revenues of less than fifty thousand dollars).

(C) The commission adopts the two uniform systems of accounts prepared by the "National Association of Regulatory Utility Commissioners" as described in paragraph (D) of this rule, and requires all sewage disposal companies under its jurisdiction to conform their accounting practices to the applicable uniform system.

(D) Sewage disposal companies should use the uniform systems of accounts that were adopted by the "National Association of Regulatory Utilities Commissioners" in 1976 (classes A and B) and 1977 (classes C and D). The two systems of accounts in the series are entitled:

(1) "Uniform System of Accounts for Classes A and B Sewer Utilities 1976," (utilities having annual sewer operating revenues of two hundred fifty thousand dollars or more).

(2) "Uniform System of Accounts for Classes C and D Sewer Utilities 1977," (class C utilities having annual sewer operating revenues of over fifty thousand dollars but less than two hundred fifty thousand dollars and class D utilities having annual sewer operating revenues of less than fifty thousand dollars).

Last updated July 13, 2023 at 2:28 PM

History

Effective: November 2, 2017
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-33 Complaints and complaint handling procedures.

(A) Each waterworks company and/or sewage disposal system company shall accept and process both oral and written complaints.

(B) Each company shall investigate each complaint in a fair and complete manner and report the results to the customer, either orally or in writing, within ten business days after the date of the receipt of the complaint.

(D) If the complainant is not satisfied with the company's report(s), the company shall promptly inform the customer of the availability of the commission's complaint handling procedures, including the then current address and the local or toll-free telephone number of the commission's call center.

(E) Each company shall, in addition to the requirements imposed by any other provisions of this chapter, make a fair and complete investigation of any customer's complaint referred by the commission.

(F) Each company shall submit a report to the commission within ten business days after the receipt of a commission request for information concerning a complaint(s). The report shall outline the company's investigation and any corrective measure(s) taken. The company shall submit reports in writing upon commission request.

Last updated July 13, 2023 at 2:28 PM

History

Effective: November 2, 2017
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-34 Water conservation restriction regulation.

(A) Conditions beyond the control of the waterworks companies may necessitate waterworks companies to impose water usage restrictions to ensure that the supply is adequate for public fire service and/or basic human needs.

(B) A waterworks company must notify the commission's director of the service monitoring and enforcement department of any proposed water usage restrictions. Subsequent to this notification the restrictions may be implemented immediately. The required notification may be provided either in hard copy or electronically via the internet in a manner prescribed by the commission.

(C) Within two business days following the implementation of water restrictions, the company shall file with the director of the service monitoring and enforcement department a detailed description outlining the restrictions. The commission may suspend the restrictions if the commission finds the restrictions to be unreasonable or discriminatory.

(D) When it is determined, in the opinion of the waterworks company, that a threat to the integrity of its water supply exists, the waterworks company may implement restrictions on water consumption as necessary to reserve a sufficient water supply for public fire protection and/or basic human needs as follows:

(1) Level 1 - partial ban on all lawn watering.

(2) Level 2 - complete ban on all lawn watering, car washing, and pool filling.

(3) Level 3 - ban on all nonessential uses of water.

All levels implemented include the restriction in the lower levels of conservation. (level 3 includes levels 1 and 2.)

(E) During times of restricted use, the restriction shall be enforced in a nondiscriminatory manner and in accordance with the following standards:

(1) Customers violating the established usage restrictions shall first be given an immediate written notice. This notice shall describe in detail the offense and shall describe the procedures to be followed if the customer is found in violation again during the time of curtailment. The waterworks company shall afford the customer a reasonable opportunity to comply with the policy.

(2) The waterworks company may discontinue all or any part of its service to any customer who has been given written notice of violation and is found again to be in violation.

(3) If a customer whose service has been disconnected for violation of curtailment procedures requests a reconnection, such reconnection may only be made after the customer:

(a) Has paid a regular business hours reconnection or turn-on fee as set forth in the waterworks company's tariff as approved by the commission, except that the charge for any service turned on at the request of a customer after regular business hours or on Saturdays, Sundays, or holidays will be at actual cost.

(b) Has corrected any conditions, circumstances, or practices in violation of the curtailment regulations of the waterworks company.

(F) The curtailment of water usage shall not entitle the customer to a deduction in the amount of his/her water charges during the time of the curtailment.

(G) The waterworks company shall provide notice to all of its customers prior to implementing the water usage restrictions.

(H) Each waterworks company implementing water usage restrictions shall, until the restriction is lifted, file a report with the director of the service monitoring and enforcement department every thirty days stating the number of disconnections and the particular usage restriction violation causing the disconnection, and any other problems relating to the water usage restrictions. The required report may be provided either in hard copy or electronically via the internet in a manner prescribed by the commission.

Last updated January 8, 2024 at 3:05 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-15-35 Information requirements for infrastructure improvement surcharge filings.

An application filed by a waterworks company and/or a sewage disposal system company for an infrastructure improvement surcharge under section 4909.172 of the Revised Code, should contain the basic information necessary to support the company's rate request and shall conform to the information filing requirements set forth in the appendix to this rule. If the company believes that additional information is necessary to support its case, the company should supplement its application. Also, the commission staff may require a company to supply information to supplement these requirements during the course of the staff's investigation.

View Appendix

Last updated January 8, 2024 at 3:06 PM

History

Effective: June 28, 2023
Promulgated Under: 111.15

Chapter 4901:1-16 Gas Pipeline Safety

Ohio Adm.Code 4901:1-16-01 Definitions.

As used in this chapter:

(A) "Chief" means of the gas pipeline safety program manager on staff at the commission or his/her designee.

(B) "Commission" means the public utilities commission of Ohio.

(C) "Contiguous property" includes, but is not limited to, a manufactured home park as defined in 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.

(D) "Gas" means natural gas, flammable gas, or gas which is toxic or corrosive.

(E) "Gas pipeline safety (GPS) proceeding" means a commission-ordered investigation of any incident, violation, or possible noncompliance with the pipeline safety code.

(F) "Incident" has the same meaning as in the Natural Gas Pipeline Safety Act.

(G) "Intrastate gas pipeline facility" includes any new and existing pipelines, rights-of-way, and any equipment, facility, or building used in the transportation of gas either wholly or partly within this state or from an interstate gas pipeline in Ohio to a direct sales customer in Ohio buying gas for its own consumption.

(H) "Leak indication" means a result from a remote leak detection system that requires further field investigation to determine whether a leak exists.

(I) "MAOP" means the maximum pressure at which a pipeline or segment of a pipeline may be operated under the Natural Gas Pipeline Safety Act or under sections 4905.90 to 4905.96 of the Revised Code.

(J) "Master meter system" means a pipeline system that distributes gas within a contiguous property for which the system operator purchases gas for resale to consumers, including tenants. Such pipeline system supplies consumers who purchase the gas directly through a meter, or by paying rent, or by other means. The term includes a master meter system as defined in 49 C.F.R. 191.3, as effective on the date referenced in paragraph (D) of rule 4901:1-16-02 of the Administrative Code. The term excludes a pipeline within a manufactured home, mobile home, or a building.

(K) "Natural Gas Pipeline Safety Act" means the Natural Gas Pipeline Safety Act of 1968, 82 Stat. 720, 49 U.S.C.A. App. 1671 et. seq., as amended, and the rules adopted by the United States department of transportation pursuant to the Natural Gas Pipeline Safety Act of 1968, including 49 C.F.R. 40, 191, 192, and 199 as effective on the date referenced in paragraph (D) of rule 4901:1-16-02 of the Administrative Code.

(L) "Operator" means:

(1) A gas company as defined by division (D) of section 4905.03 of the Revised Code.

(2) A natural gas company, including a producer of gas which does business as a natural gas company pursuant to division (E) of section 4905.03 of the Revised Code.

(3) A pipeline company, when engaged in the business of transporting gas by pipeline as defined by division (F) of section 4905.03 of the Revised Code.

(4) A public utility that is excepted from the definition of "public utility" under division (A)(2) or (A)(3) of section 4905.02 of the Revised Code, when engaged in supplying or transporting gas by pipeline within this state.

(5) Any person who owns, operates, manages, controls, leases, or maintains an intrastate gas pipeline facility or who engages in the transportation of gas. This includes, but is not limited to, a person who owns, operates, manages, controls, leases, or maintains a master meter system within this state.

"Operator" does not include an ultimate consumer who owns a service line on the real property of that ultimate consumer.

(M) "Person" means any individual, corporation, business trust, estate, trust, partnership, association, firm, joint venture, or municipal corporation and includes any trustee, receiver, assignee, or personal representative thereof.

(N) "Pipeline" means all parts of those physical facilities through which gas moves in transportation, including pipe, valves, and other appurtenance attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies.

(O) "Pipeline safety code" means 49 C.F.R 40, 191, 192, and 199 as effective on the date referenced in paragraph (D) of rule 4901:1-16-02 of the Administrative Code; sections 4905.90 to 4905.96 of the Revised Code; this chapter; and commission orders issued thereunder.

(P) "Remote leak detection" means the use of leak detection equipment that surveys a wide area such as a mobile vehicle mounted leak detection system or a satellite-based leak detection system.

(Q) "Safety audit" is defined as set forth in section 4905.90 of the Revised Code.

(R) "Safety inspection" includes the following inspections, surveys, and testing of a master meter system which are authorized by the pipeline safety code, and includes mapping, if accurate maps are not available from the operator, and pipe locating, if the operator could not locate pipelines in its system.

(1) Testing of cathodic protection of metallic pipelines.

(2) Sampling of combustible gas to determine the proper concentration of odorant in distribution pipelines, unless records of the natural gas company performing the safety inspection show that the concentration of odorant in the gas transported to or near the master meter system conforms with the pipeline safety code.

(3) Gas leak surveys.

(4) Inspection and servicing of pressure regulating devices.

(5) Testing or calculation of the capacity of pressure relief devices.

(6) Inspection and servicing of critical valves.

(7) Inspection of underground vaults housing pressure regulating/limiting equipment and ventilating equipment.

(S) "Staff" means the commission employees to whom responsibility has been delegated for enforcing and administering the gas pipeline safety requirements contained in this chapter and the Revised Code.

(T) "Transportation of gas" means the gathering, transmission, or distribution of gas by pipeline, or the storage of gas within this state.

Last updated May 21, 2026 at 7:45 AM

History

Effective: May 21, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-16-02 Purpose and scope.

(A) The rules contained in this chapter prescribe:

(1) Gas pipeline safety and drug and alcohol testing requirements to protect the public safety.

(2) Procedures for the staff to administer and enforce the pipeline safety code.

(B) This chapter also governs gas pipeline safety proceedings to:

(1) Investigate and determine an operator's compliance with applicable sections of the pipeline safety code.

(2) Investigate and determine whether intrastate gas pipeline facilities are hazardous to human life or property, as provided in 49 U.S.C. 60112, as effective on the date referenced in paragraph (D) of this rule.

(3) Review settlement agreements and stipulations by the staff and operators.

(4) Issue and enforce compliance orders.

(5) Issue emergency orders without notice or prior hearing when immediate action is needed to protect the public safety.

(6) Assess forfeitures.

(7) Direct the attorney general to seek enforcement of commission orders, including orders assessing forfeitures, and to seek appropriate remedies in court to protect the public safety.

(D) Each citation contained with this chapter that is made to a section of the United States Code (U.S.C.) or a regulation in the code of federal regulations (C.F.R.) incorporates by reference the particular version of the cited matter that was effective on January 1, 2026. The U.S.C. and C.F.R. provisions can generally be found in public libraries or electronically at govinfo.gov. As is necessary, the commission will open a docket for the purpose of considering the adoption of new or revised provisions adopted by the United States department of transportation (USDOT), including consideration of rule clarifications issued by the USDOT.

(E) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

Last updated May 21, 2026 at 7:46 AM

History

Effective: May 21, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-16-03 Adoption of United States department of transportation gas pipeline safety regulations.

The commission hereby adopts the gas pipeline safety regulations of the United States department of transportation contained in 49 C.F.R. 40, 191, 192 and 199 as effective on the date referenced in paragraph (D) of rule 4901:1-16-02 of the Administrative Code.

Last updated July 10, 2026 at 11:21 AM

History

Effective: June 20, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-16-04 Records, maps, inspections, leak management, and service line abandonment.

(A) Each operator shall maintain all records necessary to ensure compliance with applicable sections of the pipeline safety code, and keep such records readily available for inspection by the commission, its staff, or its authorized representative(s).

(1) Unless otherwise provided by this chapter, each operator shall retain records for three years to show compliance with the requirements of the Pipeline Safety Code.

(2) Each operator shall retain records of each leak survey, as required by 49 C.F.R. 192.723 as effective on the date referenced in paragraph (D) of rule 4901:1-16-02 of the Administrative Code, for five years.

(B) Except for an operator of a master meter system, each operator shall establish and maintain maps of the operator's service area which identify the operator's intrastate gas pipeline facilities, excluding service lines as defined in 49 C.F.R. 192.3 as effective on the date referenced in paragraph (D) of rule 4901:1-16-02 of the Administrative Code.

(C) Each operator shall permit the commission, its staff, and authorized representative(s) to: enter its intrastate gas pipeline facilities; and to inspect, and copy records and maps, which the commission, its staff, or its authorized representative(s) may require to administer and enforce the pipeline safety code.

(D) Each operator shall investigate and classify all potential leaks to determine the location, extent, and potential hazard of migrating gas utilizing leak detection equipment. As used in this rule, leak detection equipment means any properly calibrated device capable of detecting and measuring the concentration of natural gas in the atmosphere. The operator shall classify all hazardous leaks immediately and classify all other leaks within two business days of discovery. All leak indications from remote leak detection systems are to be evaluated with a calibrated piece of equipment capable of measuring the concentration of natural gas in the atmosphere within a timeframe specified in the operator's written procedures adopted in accordance with 49 CFR Part 192.605. Leak surveys completed in accordance with 49 CFR Part 192.706 and 192.723 using remote technology are not considered complete surveys until all leak indications have been evaluated. Leaks are classified as follows:

(1) A grade-one classification represents an indication of leakage presenting an existing or probable hazard to persons or property, and requires immediate repair or continuous action until the conditions are no longer hazardous.

(2) A grade-two classification represents an indication of leakage recognized as being nonhazardous at the time of detection, but requires scheduled repair based upon the severity and/or location of the leak.

(3) A grade-three classification represents an indication of leakage recognized as being nonhazardous at the time of detection and can be reasonably expected to remain nonhazardous.

(E) Upon discovery of the corresponding leak(s) from above, each operator shall take the following actions:

(1) Take continuous action on leaks classified as grade one to protect life and property until the condition is no longer hazardous. Continuous action is defined as having personnel at the scene of the leak with leak detection equipment attempting to locate the source of the leak and taking action to prevent migration into structures, sewers, etc.

Leaks classified as grade one may be reclassified by performing a physical action to the pipeline (clamp, replacement, tape wrap, etc.) or pipeline facility. Venting, holes, aerators, or soil purging of a leak are not considered physical actions to the pipeline.

All below grade hazardous leaks repaired or reclassified, other than by the replacement of the affected section of pipe, must be reevaluated after allowing the soil to vent and stabilize but not more than thirty calendar days after such physical action.

(2) Repair or clear leaks classified as grade two no later than fifteen months from the date the leak is discovered, unless the pipeline containing the leak is replaced within twenty-four months from the date the leak is discovered. If a replacement project that will clear a leak classified as grade two is cancelled after the fifteenth month after classification of the leak(s), the associated leak(s) must be cleared within forty-five days of the cancellation of the project, not to exceed twenty-four months from the date of the leak classification. Leaks classified as grade two shall be reevaluated at least once every six months until cleared.

(3) Reevaluate leaks classified as grade three during the next scheduled survey or within fifteen months from the date of the last inspection, whichever is sooner, and continue to reevaluate such leaks on that same frequency until there is no longer any indication of leakage, the leak is reclassified, or the pipeline is replaced.

(F) Each operator shall establish a program to identify and replace, as necessary, its cast iron distribution pipeline system based on past operation, maintenance and leak history of the pipeline.

(G) Beginning August 5, 2023, each operator will have a plan for tracking and abandoning inactive service lines and will have a copy of its plan available for inspection. The plan will include the following:

(1) A service line is considered inactive and ready for abandonment when gas has not been billed to any customers served by the line for a period of thirty-six months.

(2) Beginning October 25, 2025, inactive service lines will be abandoned within twelve months of becoming inactive unless the operator determines there is a reasonable prospect for future use.

(3) Until a service line is abandoned the service line will be treated as active for the purpose of applying the requirements of the pipeline safety code.

(4) Unrecorded inactive service lines discovered in the course of leakage surveillance, construction, maintenance or inspection of facilities will be abandoned as soon as practicable but no later than twelve months after discovery. Unrecorded inactive service lines that are not abandoned upon discovery will also be fully located and leak surveyed within ten days of discovery and incorporated into maps of the operator's service area until they are properly abandoned.

Last updated May 21, 2026 at 7:46 AM

History

Effective: May 21, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-16-05 Notice and reports of service failures and incidents; twenty-four hour contacts; and post-incident testing.

(A) Telephone notice of incidents and service failures.

(1) Operators shall notify the state of Ohio on all incidents by calling 1-844-OHCALL1 (1-844-642-2551) within one hour of discovery unless notification within that time is impracticable under the circumstances. This includes any telephone notice which is required to be made to the United States department of transportation pursuant to 49 C.F.R. 191.5 as effective on the date referenced in paragraph (D) of rule 4901:1-16-02 of the Administrative Code.

(2) Operators shall notify the state of Ohio on all service failures, which involve an interruption of service to one hundred or more customers for a period of two hours or more, by calling 1-844-OHCALL1 (1-844-642-2551) within one hour after discovery unless notification within that time is impracticable under the circumstances.

(B) Written reports.

(1) All written reports required to be made to the United States department of transportation pursuant to the regulations in 49 C.F.R. 191 as effective on the date referenced in paragraph (D) of rule 4901:1-16-02 of the Administrative Code, shall be submitted concurrently to the chief.

(2) Each operator shall submit a written report of the cause(s) of a service failure, where ascertainable, and actions taken to minimize the possibility of a recurrence where appropriate. The report shall be submitted to the chief within sixty days after discovery of the service failure, unless the operator:

(a) For good cause, shows more time is needed.

(b) Submits interim reports at intervals of not more than sixty days until a final report is submitted.

(1) Each operator shall submit a twenty-four hour contact report to the chief not later than March fifteenth of each year identifying the contact information for its emergency contact personnel and any available emergency hotline number.

(2) Each operator shall, within a reasonable time, notify the chief in writing of any change to the information contained in the report.

(D) To the extent necessary to carry out its responsibilities under the pipeline safety code, the commission or its staff may require testing of any intrastate gas pipeline facility which is involved in an incident. After making a good faith effort to negotiate a mutually acceptable plan with the owner of the pipeline facility, the commission or its staff may require the operator or choose an independent laboratory to test such pipeline facility.

Last updated May 21, 2026 at 7:46 AM

History

Effective: May 21, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-16-06 Construction reports.

(A) Each operator shall submit reports for each important addition of its intrastate gas pipeline facilities. As used in this rule, an "important addition" means construction or alteration of a contiguous section of an operator's intrastate gas pipeline facility within a defined time frame, which involves an expenditure of either:

(1) More than five hundred thousand dollars.

(2) An amount which is more than ten per cent of the value of the operator's intrastate gas pipeline facility, provided such amount exceeds one hundred thousand dollars.

(B) Each operator shall submit two reports for each important addition on the form provided by the commission.

(1) The first report not later than fourteen days and not sooner than sixty days before construction work will start.

(2) The second report not later than seven days after construction work has been completed.

(C) Distribution operators shall incorporate new construction, including riser installation, as a part of their operator qualification program as described by 49 C.F.R. 192, Subpart N, as effective on the date referenced in paragraph (D) of rule 4901:1-16-02 of the Administrative Code.

Last updated May 21, 2026 at 7:46 AM

History

Effective: May 21, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-16-07 Master meter systems and safety inspections.

(A) Each operator of a master meter system shall establish and maintain maps which identify its distribution pipeline system.

(B) Each operator of a master meter system shall file an annual report on its system on the form provided by the commission. This annual report shall be submitted to the chief not later than March fifteenth of each year.

(1) Unless otherwise provided in this paragraph, each operator of a master meter system shall conduct safety inspections as required by the pipeline safety code.

(2) The commission may direct or order a natural gas company which distributes gas to a master meter system to perform a safety inspection on that system when the public interest so requires, or when an operator of a master meter system:

(a) Has violated paragraph (B) or (C)(1) of this rule; or

(b) Requests an inspection.

The staff shall notify such natural gas company by letter and mail a copy of the notice to the operator of the master meter system.

(3) Each operator of a master meter system shall permit employees and agents of the natural gas company performing the safety inspection to review the operator's maps and records.

(4) Each natural gas company shall submit a report of its findings of the safety inspection to the chief within thirty days after the inspection.

(D) A natural gas company may terminate service to a master meter system or a gas pipeline facility within a master meter system, in compliance with divisions (G) and (H)(1) of section 4905.94 of the Revised Code, for the following hazardous conditions.

(1) Grade one leaks according to rule 4901:1-16-04 of the Administrative Code.

(2) A fire or explosion near or at a gas pipeline facility.

(3) A gas pipeline facility damaged by a natural disaster, such as flooding, or by excavation activities near or at the gas pipeline facility.

(E) The natural gas company may recover all reasonable, actual expenses incurred for performing a safety inspection by direct billing the operator of the master meter system.

(F) Tariffs.

(1) Each natural gas company may file an application with the commission for approval of a schedule of rates and charges for its customers to recover the reasonable and actual expenses of:

(a) Performing safety inspections.

(b) Disconnecting and reconnecting service to a master meter system under this rule.

(2) A natural gas company may recover expenses under its tariff if:

(a) The company direct billed the operator of the master meter system.

(b) The company made a good faith effort and followed regular procedures in collecting the debt.

(G) Nothing in this rule relieves an operator of a master meter system from complying with this chapter.

Last updated July 10, 2026 at 11:21 AM

History

Effective: June 20, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-16-08 Service of notices and investigative reports.

(A) This rule governs service of:

(1) Notices of probable noncompliance, proposed compliance orders, proposed forfeitures and amendments thereto under rule 4901:1-16-09 of the Administrative Code.

(2) Notices of hazardous facility and amendments thereto under rule 4901:1-16-10 of the Administrative Code.

(3) Gas pipeline safety investigative reports under rule 4901:1-16-12 of the Administrative Code.

(B) The staff shall make service upon an operator by certified United States mail, courier service, electronic mail, or personal service. Service is effective upon receipt by any employee, agent of, or person designated by the operator. Unless otherwise provided in this paragraph, service upon an operator shall be made at the address designated as the service address in the operator's most recent annual report to the chief.

(1) If the service address is not disclosed on the most recent annual report or has changed since the most recent annual report was submitted to the chief, service shall be made at any business address disclosed in documents or papers submitted by the operator to the commission.

(2) If the operator has not disclosed its service address or business address to the commission, service shall be made at any business address of the operator.

(C) If service under paragraph (B) of this rule is returned with an endorsement showing failure of delivery, or is not returned within twenty-one days, then service may be made by ordinary United States mail and is effective on the date of mailing.

Last updated July 10, 2026 at 11:21 AM

History

Effective: June 20, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-16-09 Notice of probable noncompliance; proposed compliance order; and/or proposed forfeiture.

(A) After an inspection or investigation, the staff may issue a notice of probable noncompliance.

(B) The staff may issue with the notice of probable noncompliance or separately thereafter:

(1) A proposed compliance order.

(2) A proposed forfeiture.

(C) The staff may issue an amended notice of probable noncompliance, proposed compliance order, or proposed forfeiture at any time prior to the commencement of a gas pipeline safety proceeding brought pursuant to rule 4901:1-16-12 of the Administrative Code, in order to modify or include additional probable noncompliances or violations, facts, proposed forfeitures and proposed compliance orders. This rule should not be construed to prevent the staff, during the course of a gas pipeline safety proceeding, from seeking a finding of violations not listed in the notice or amended notice of probable noncompliance, from rescinding or refraining from seeking a finding of violations, or from seeking a compliance order or proposed forfeiture that varies from previous notices issued under this rule, provided that the staff's proposed findings and/or violations relate to the same incident, investigation, or safety audit(s).

(D) Any notice of probable noncompliance, proposed compliance order, proposed forfeiture, or amendments thereto shall be served pursuant to rule 4901:1-16-08 of the Administrative Code.

(E) The staff findings contained in the notice of probable noncompliance, proposed compliance order, or proposed forfeiture represent the results of the staff investigation. Such findings are not intended to represent the views of the commission or otherwise bind the commission.

Last updated July 10, 2026 at 11:22 AM

History

Effective: July 12, 2010
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-16-10 Hazardous pipeline facilities: inspection and notice.

(A) After an inspection or investigation, the staff may issue a notice of hazardous facility. The notice may include a proposed compliance order.

(B) The staff may issue an amended notice or proposed compliance order at any time prior to the commencement of a gas pipeline safety proceeding brought pursuant to rule 4901:1-16-12 of the Administrative Code in order to modify or include additional hazards, facts, and proposed compliance orders. This rule should not be construed to prevent the staff, during the course of a gas pipeline safety proceeding, from seeking a finding of hazardous facility not listed in the notice or amended notice, from rescinding or refraining from seeking a finding of hazardous facilities, or from seeking a compliance order that varies from previous notices issued under this rule, provided that the staff's proposed findings and/or violations relate to the same incident, investigation, or safety audit(s).

(C) Any notice of hazardous facility, proposed compliance order, or amendments thereto shall be served pursuant to rule 4901:1-16-08 of the Administrative Code.

(D) The staff findings contained in the notice and proposed compliance order represent the results of the staff investigation. Such findings are not intended to represent the views of the commission or otherwise bind the commission.

Last updated July 10, 2026 at 11:22 AM

History

Effective: July 12, 2010
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-16-11 Settlement agreements and stipulations.

(A) If the staff and operator reach agreement regarding any of the following: the occurrence of a noncompliance; the occurrence of a hazardous condition of a facility; the violation of a commission order; a compliance order or remedy; or the amount of a forfeiture, compromise forfeiture, or other payment, the agreement may be reduced to writing in a settlement agreement and/or stipulation. Such agreement shall be signed by the operator or its attorney, and an authorized representative of the staff. Except as otherwise provided in paragraphs (B) and (E) of this rule, the settlement agreement and/or stipulation shall not be effective until it is filed with the commission and approved by the commission.

(B) If the settlement agreement and/or stipulation provides for the payment of a forfeiture, compromise forfeiture, or other payment by the operator of ten thousand dollars or less, the agreement shall be fully binding upon the commission and the operator upon its execution.

(C) Unless contained in or otherwise provided in a settlement agreement and/or stipulation, no statement or conduct during settlement negotiations is admissible in any other commission proceeding regarding the noncompliance, hazardous facility, or violation.

(D) Where the operator has demonstrated to the staff that the violation(s) listed in the notice, or amended notice, of probable noncompliance or gas pipeline safety investigative report has been corrected and where the operator submits full payment of the proposed forfeiture prior to the execution of a written settlement agreement and/or stipulation, or final commission order, the violation(s) listed in such notice of probable noncompliance shall be considered by the commission as part of the operator's history of violations in determining the appropriate forfeiture for any future violation.

(E) If the operator pays a proposed forfeiture of more than ten thousand dollars without executing a written settlement agreement and/or stipulation, the payment shall be fully binding upon the commission and the operator when approved by the commission.

Last updated July 10, 2026 at 11:22 AM

History

Effective: June 20, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-16-12 Commission proceedings.

(A) The commission may initiate a gas pipeline safety proceeding after:

(1) An incident has occurred.

(2) A notice of probable noncompliance is served.

(3) A notice of hazardous facility is served.

(B) The commission shall conduct gas pipeline safety proceedings in accordance with Chapter 4901-1 of the Administrative Code.

(C) Unless otherwise ordered by the commission or an attorney examiner assigned to the gas pipeline safety proceeding, the staff shall file with the commission and serve upon the operator a written report of investigation in each gas pipeline safety proceeding within ninety days after service of the entry which initiates the gas pipeline safety proceeding. The gas pipeline safety investigative report shall include: staff findings on any alleged incident, noncompliances, hazardous conditions, or violation of a commission order, whether included in any initial notice or amended notice; staff's findings on operator policies and practices; and the staff's recommendations.

(D) The commission shall hold an evidentiary hearing to consider the alleged incident(s), noncompliances, hazardous conditions and violations of a commission order. The hearing may include evidence on the issues of corrective action and compliance orders, forfeitures, enforcement of a commission order, and other remedies.

(E) The staff shall prove the occurrence of an incident, noncompliance, hazardous condition of a facility, or violation of a commission order by a preponderance of the evidence.

(F) If, after a hearing, the commission finds an operator has violated or is violating an applicable provision of the pipeline safety code, the commission may consider all factors set forth in section 4905.95 of the Revised Code, including when determining the amount of any proposed civil forfeiture. In addition, the commission may order an operator to terminate service to an operator of a master meter system who has violated the pipeline safety code.

(G) This rule shall not apply to emergency orders approved by the commission under paragraph (C) of rule 4901:1-16-13 of the Administrative Code.

Last updated July 10, 2026 at 11:22 AM

History

Effective: June 20, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-16-13 Emergency proceedings.

(A) The commission may initiate an emergency gas pipeline safety proceeding consistent with section 4905.95 of the Revised Code.

(B) The commission shall conduct such proceedings in accordance with Chapter 4901-1 of the Administrative Code, except where inconsistent with this rule.

(C) Prior to a hearing under this rule, the commission may, without notice, find an emergency exists, may order the attorney general to seek remedies as provided in section 4905.96 of the Revised Code, and shall provide for an expedited hearing to begin no later than thirty days thereafter.

The order shall remain in effect no longer than forty days after the date it was approved.

Last updated July 10, 2026 at 11:22 AM

History

Effective: July 12, 2010
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-16-14 Payment of forfeitures and payments made pursuant to stipulation.

(A) All forfeitures ordered by the commission or any payments made pursuant to stipulation shall be paid by certified check or money order made payable to "Public Utilities Commission of Ohio," and shall be mailed or delivered to:

"Public Utilities Commission of Ohio

180 East Broad Street

Columbus, Ohio 43215-3793"

(B) The commission shall deposit such payments in the state treasury to the credit of the general revenue fund.

(C) No operator may recover any forfeiture or other payment made pursuant to stipulation in any pending or subsequent proceeding before the commission.

Last updated July 10, 2026 at 11:22 AM

History

Effective: June 20, 2023
Promulgated Under: 111.15

Chapter 4901:1-17 Establishment of Credit for Residential Service

Ohio Adm.Code 4901:1-17-01 Definitions.

For purposes of this chapter, the following definitions shall apply:

(A) "Applicant" means any person who requests or makes application with a utility company for any of the following residential services: electric, gas, natural gas, waterworks, or sewage disposal.

(B) "Class of service" means a description of utility service furnished to a customer used to denote its use either as residential or nonresidential.

(C) "Consumer" means any person who is an ultimate user of the electric, gas, natural gas, waterworks, or sewage disposal utility services.

(D) "Customer" means any person who enters into an agreement, whether by contract or under a tariff, to purchase: electric, gas, natural gas, waterworks, or sewage disposal utility service.

(E) "Fraudulent act" means an intentional misrepresentation or concealment by the customer or consumer of a material fact that the electric, gas, natural gas, waterworks, or sewage disposal system utility company relies on to its detriment. "Fraudulent act" does not include tampering.

(F) "Past due" means any utility bill balance that is not paid by the bill due date.

(G) "Percentage of income payment plan plus" (PIPP plus) means the income-based payment plan for low-income, residential customers served by a regulated gas or natural gas utility company.

(H) "Regulated service" means a service offering regulated by the commission.

(I) "Tampering" means to interfere with, damage, or by-pass a utility meter, conduit, or attachment with the intent to impede the correct registration of a meter or the proper functions of a conduit or attachment so as to reduce the amount of utility service that is registered on the meter. Tampering includes the unauthorized reconnection of an electric, gas, natural gas, or waterworks meter or a conduit or attachment that has been disconnected by the utility company.

(J) "Utility company" means all persons, firms, or corporations in the business of providing electric, gas, natural gas, waterworks, or sewage disposal service to consumers as defined in section 4905.03 and division (G) of section 4929.01 of the Revised Code.

Last updated October 1, 2026 at 10:00 AM

History

Effective: October 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-17-02 General provisions.

(A) The rules in this chapter apply to all electric, gas, natural gas, waterworks, and sewage disposal utility companies who provide service to residential customers.

(B) Nothing contained in this chapter shall in any way preclude the commission from any of the following:

(1) Altering or amending, in whole or in part, these rules and regulations.

(2) Prescribing different standards for the establishment of credit for utility service as deemed necessary by the commission in any proceeding.

(3) Waiving any requirement, standard, or rule set forth in this chapter for good cause shown, as supported by a motion and supporting memorandum. The application for a waiver shall include the specific rule(s) requested to be waived. If the request is to waive only a part or parts of a rule, then the application should identify the appropriate paragraphs, sections, or subsections to be waived. The waiver request shall provide sufficient explanation, for each rule provision sought to be waived, to allow the commission to thoroughly evaluate the waiver request.

(C) The rules of this chapter supersede any inconsistent provisions, terms, and conditions of utility company tariffs. A utility company may adopt or maintain tariffs providing greater protection for customers or consumers.

(D) Each utility company shall establish and maintain written credit procedures consistent with these rules that allow an applicant for residential service to establish, or an existing residential customer to reestablish, credit with the utility company. The procedures should be equitable and administered in a nondiscriminatory manner. The utility company, without regard to race, color, religion, gender, national origin, age, handicap, or disability, shall base its credit procedures upon the credit risk of the individual as determined by the utility company without regard to the collective credit reputation of the area in which the residential applicant or customer lives. The utility company shall make its current credit procedures available to applicants and customers upon request and shall provide this information either verbally or in writing, based upon the applicant's or customer's preference.

(E) The rules of this chapter allow the use of electronic transactions and all notices, if the customer and the utility company are both in agreement with such use, and such use is consistent with commission requirements or guidelines. The customer does not affirmatively consent to electronic notices by merely paying the bill electronically. The customer may withdraw consent to communicate electronically at any time.

Last updated September 21, 2026 at 9:58 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-17-03 Establishment of credit.

(A) Each utility company may require an applicant for residential service to satisfactorily establish financial responsibility. If the applicant has previously been a customer of that utility company, the utility company may require the residential applicant to establish financial responsibility pursuant to paragraph (C) of rule 4901:1-17-04 of the Administrative Code. Each utility company may use a credit check, pursuant to paragraph (A)(2) of this rule, as the first criterion by which an applicant may establish financial responsibility. If the results of the credit check, at the time of the application do not establish financial responsibility for the applicant or the applicant refuses to provide his/her social security number, each utility company shall then advise the applicant of each of the remaining criteria available under this rule to establish financial responsibility. If the utility company requires an applicant to provide additional information to establish financial responsibility, such as identification or written documentation, then the utility company shall confirm with the applicant when it receives the requested information. An applicant's financial responsibility will be deemed established if the applicant meets any one of the following criteria:

(1) The applicant is the owner of the premises to be served or of other real estate within the territory served by the utility company and has demonstrated financial responsibility under either of the following conditions:

(a) With respect to that property, if the applicant owns only the premises to be served.

(b) With respect to any other real estate within the service territory served by the utility company, if the applicant owns multiple properties.

(2) The applicant demonstrates that he/she is a satisfactory credit risk by means that may be quickly and inexpensively checked by the utility company. Under this provision, the utility company may request the applicant's social security number in order to obtain credit information and to establish identity. The utility company may not refuse to provide service if the applicant elects not to provide his/her social security number. If the applicant declines the utility company's request for a social security number, the utility company shall inform the applicant of all other options for establishing creditworthiness.

(3) The applicant demonstrates that he/she has had the same class and a similar type of utility service within a period of twenty-four consecutive months preceding the date of application, unless utility company records indicate that the applicant's service was disconnected for nonpayment during the last twelve consecutive months of service, or the applicant had received two consecutive bills with past due balances during that twelve-month period and provided further that the financial responsibility of the applicant is not otherwise impaired.

When an applicant requests a copy of his/her payment history to satisfy paragraph (A)(3) of this rule, each utility company shall provide a customer, at his/her request, written information reflecting the customer's payment history. The utility company shall provide this information within five business days of this request.

(4) The applicant makes a cash deposit to secure payment of bills for the utility company's service as prescribed in rule 4901:1-17-05 of the Administrative Code. Utility companies are prohibited from requiring percentage of income payment plan customers to pay a security deposit.

(5) The applicant furnishes a creditworthy guarantor to secure payment of bills in an amount sufficient for a sixty-day supply for the service requested. If a third party agrees to be a guarantor for a utility customer, he or she shall meet the criteria as defined in paragraph (A) of this rule or otherwise be creditworthy. The guarantor and/or the utility company shall also comply with the following:

(a) The guarantor shall be a customer of the utility company.

(b) The guarantor shall sign the written guarantor agreement provided by the commission in appendix A to this rule, which will also be posted on the commission's website. The utility company shall provide the guarantor with a copy of the signed agreement upon request and shall keep the original on file during the term of the guaranty.

(d) The utility company shall send a notice to the guarantor when the guaranteed customer requests a transfer of service to a new location. The transfer of service notice shall display all of the following information:

(i) The name of the guaranteed customer.

(ii) The address of the current guaranteed customer's service location.

(iii) A statement that the transfer of service to the new location may affect the guarantor's liability.

(iv) A statement that, if the guarantor does not want to continue the guaranty at the new service location, the guarantor must provide thirty days' written notice to the utility company to end the guaranty.

(e) Under the circumstances where a guarantor's utility service is subject to disconnection, the utility company shall, within ten calendar days, advise the customer who provided the guarantor that the guarantor's responsibility to the customer's account will end by a specific date (thirty days from the date of the notice to the guaranteed customer). The utility company shall also advise the customer that, prior to the specific end date stated in the notice, he/she must reestablish credit through one of the alternate means set forth in paragraph (A) of this rule, or be subject to disconnection according to the applicable disconnection rules in Chapter 4901:1-15 of the Administrative Code (waterworks and/or sewage disposal) and Chapter 4901:1-18 of the Administrative Code (electric, gas, and natural gas).

(f) The guarantor shall not be on the PIPP plus, graduate PIPP plus, or have PIPP arrearages. If a guarantor enrolls in these programs, the customer no longer qualifies to be a guarantor and the previously guaranteed customer will be required to provide another form of security.

(B) The establishment of credit under the provisions of these rules, or the reestablishment of credit under the provisions of rule 4901:1-17-04 of the Administrative Code, shall not relieve the applicant or customer from compliance with the regulations of the utility company regarding advance payments and payment of bills by the due date, and shall not modify any regulations of the utility company as to the discontinuance of service for nonpayment.

(C) Upon default by a customer who has furnished a guarantor as provided in paragraph (A)(5) of this rule, the utility company may pursue collection actions against the defaulting customer and the guarantor in the appropriate court, or the utility company may transfer the defaulting customer's bill to the guarantor's account. The defaulted amount transferred to the guarantor's account shall not be greater than the amount billed to the defaulting customer for sixty days of service or two monthly bills. After thirty days from the transfer, the utility company may make the guarantor subject to disconnection procedures, if the amount transferred still remains unpaid.

(D) An applicant who owes an unpaid bill for previous residential service, whether the bill is owed as a result of service provided to that applicant or is owed under a guarantor agreement, shall not have satisfactorily established or reestablished his/her financial responsibility as long as the bill remains unpaid.

4901:1-17-03 Appendix

Appendix: Guarantor agreement form https://puco.ohio.gov/wps/portal/gov/puco/utilities/electricity/resources/guarantor-form

View Appendix

Last updated October 1, 2026 at 10:00 AM

History

Effective: October 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-17-04 Deposit to reestablish creditworthiness.

(A) A utility company may require a customer to make a deposit or an additional deposit on an account, as set forth in this rule and pursuant to rules 4901:1-17-03 and 4901:1-17-05 of the Administrative Code, to reestablish creditworthiness for tariffed service based on the customer's credit history on that account with that utility company. The utility company may require a customer whose service has been disconnected to pay a deposit, in addition to any charges under the applicable reconnection rules in Chapter 4901:1-15 of the Administrative Code (waterworks and/or sewage disposal) and Chapter 4901:1-18 of the Administrative Code (electric, gas, and natural gas).

(B) After considering the totality of the customer's circumstances, a utility company may require a deposit if the customer has not made full payment or payment arrangements for two consecutive bills containing a past due balance for regulated services provided by that utility company.

(C) A utility company may require a deposit if the applicant for service was a customer of that utility company, during the preceding twelve months, and had service disconnected for nonpayment, a fraudulent act, tampering, or unauthorized reconnection.

Last updated September 21, 2026 at 9:58 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-17-05 Deposit administration provisions.

(A) No utility company, as defined in this chapter shall require a cash deposit to establish or reestablish credit in an amount in excess of one-twelfth of the estimated charge for regulated service(s) provided by that utility company for the ensuing twelve months, plus thirty per cent of the monthly estimated charge. Each utility company, upon request, shall furnish a copy of rules 4901:1-17-03 to 4901:1-17-06 of the Administrative Code, to the applicant/customer from whom a deposit is required. If a copy of rules 4901:1-17-03 to 4901:1-17-06 of the Administrative Code is provided to the applicant/customer, the utility company shall also provide the name, address, website address, and telephone number of the public utilities commission of Ohio.

(B) Upon receiving a cash deposit, the utility company shall furnish to the applicant/customer a receipt that displays all of the following information:

(1) The name of the applicant/customer.

(2) The address of the premises to be served.

(3) The billing address for the service.

(4) The amount of the deposit and a statement that the rate of interest to be paid on the deposit will be not less than three per cent per annum if the deposit is held for one hundred eighty days or longer.

(C) Each utility company shall accrue interest at a rate of at least three per cent per annum per deposit held for one hundred eighty days or longer. Interest shall be paid to the customer when the deposit is refunded or deducted from the customer's final bill. A utility company shall not be required to pay interest on a deposit it holds for less than one hundred eighty days. No utility company shall be required to pay additional interest on a deposit after discontinuance of service, if the utility company has made a reasonable effort to refund the deposit. A utility company shall dispose of any unclaimed deposit, plus accrued interest, in conformity with Chapter 169. of the Revised Code.

Last updated September 21, 2026 at 9:58 AM

History

Effective: November 1, 2010
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-17-06 Refund of deposit and release of guarantor.

(A) After discontinuing service, the utility company shall promptly apply the customer's deposit, including any accrued interest, to the final bill. The utility company shall promptly refund to the customer any deposit, plus any accrued interest, remaining, unless the amount of the refund is less than one dollar. A transfer of service from one customer location to another within the service area of the utility company does not prompt a refund of the deposit or a release of the guarantor.

(B) The utility company shall review each account holding a deposit or a guarantor agreement every twelve months and promptly refund the deposit, plus any accrued interest in accordance with paragraph (A) of this rule, or release the guarantor, if the account meets the following criteria:

(1) The customer has paid his/her bills for service for twelve consecutive months without having had service disconnected for nonpayment.

(2) The customer has not had more than two occasions in the preceding twelve months on which his/her bill was not paid by the due date.

(3) The customer is not delinquent in the payment of his/her bills at the time of the review.

(C) The utility company shall promptly return the deposit, plus any accrued interest in accordance with paragraph (A) of this rule, upon the customer's request at any time the customer's credit has been otherwise established or reestablished, in accordance with this chapter of the Administrative Code.

(D) Once the customer satisfies the requirements for release of the guarantor, pursuant to paragraph (B) of this rule, the utility company shall notify the guarantor in writing, within thirty days, that the guarantor is released from all further responsibility for the account.

(E) If a guarantor submits a written request to the utility company for a release of financial responsibility related to a customer's account, the utility company shall, within ten calendar days, advise the customer who provided the guarantor that the guarantor's responsibility to the customer's account will end by a specific date (thirty days from the receipt of the guarantor's request). The utility company shall also advise the customer that prior to the specific end date of the guarantor's responsibility, he/she must reestablish creditworthiness through an alternate means as prescribed by paragraph (A) of rule 4901:1-17-03 of the Administrative Code, or be subject to disconnection according to the applicable disconnection rules in Chapter 4901:1-15 of the Administrative Code (waterworks and/or sewage disposal) and Chapter 4901:1-18 of the Administrative Code (gas and natural gas).

Last updated September 21, 2026 at 9:58 AM

History

Effective: November 1, 2010
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-17-07 Record of deposit.

Each utility company holding a cash deposit shall maintain, for at least three years after the deposit is refunded or otherwise disposed of in accordance with applicable law, a record that displays all of the following information:

(A) The name and current or last known billing address of each depositor.

(B) The amount and date of the deposit.

Last updated September 21, 2026 at 9:58 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-17-08 Applicant and/or customer rights.

(A) Each utility company that requests a cash deposit shall notify the applicant/customer of all options available to establish credit as listed in paragraph (A) of rule 4901:1-17-03 of the Administrative Code.

(B) If an applicant for gas or natural gas service indicates that his/her household income is such that the applicant may be eligible for the gas percentage of income payment plan (PIPP) program, the gas or natural gas utility company shall advise the applicant that he/she may apply for the gas PIPP program, in accordance with rule 4901:1-18-12 of the Administrative Code.

(C) If a utility company requires a cash deposit to establish or reestablish service and the applicant/customer expresses dissatisfaction with the utility company's decision, the utility company shall inform the applicant/customer of the following:

(1) The reason(s) for its decision and how the deposit was calculated.

(2) How to contest the utility company's decision.

(3) The right to have the utility company's decision reviewed by an appropriate utility company supervisor.

(4) The right to have the commission staff verify whether the utility company's decision complies with these rules, and provide the applicant/customer the telephone number, address, and the website address of the public utilities commission of Ohio as stated below:

"If you wish to have the commission staff review the company's decision for a security deposit, you may call the Public Utilities Commission of Ohio for assistance at 1-800-686-7826 (toll free) from 8:00 a.m. to 5:00 p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service)."

(D) Upon request, each utility company shall send the information required by paragraph (C) of this rule to the applicant/customer, in writing, within five business days of the request.

Last updated October 1, 2026 at 10:00 AM

History

Effective: October 1, 2026
Promulgated Under: 111.15

Chapter 4901:1-18 Termination of Residential Service

Ohio Adm.Code 4901:1-18-01 Definitions.

For purposes of this chapter, the following definitions shall apply:

(A) "Applicant" means any person who requests or makes application with a utility company for any of the following residential services: electric, gas, or natural gas.

(B) "Arrearages" means for each percentage of income payment plan plus (PIPP plus) customer such customer's accrued charges at the time the customer enrolls in the PIPP plus program, plus accumulated charges while enrolled in PIPP plus, but does not include current or past due monthly PIPP plus payments.

(C) "Bona fide dispute" means a complaint registered with the commission's call center or a formal complaint filed with the commission's docketing division.

(D) "Collection charge" means a tariffed charge assessed to a residential customer by a utility company when payment or proof of payment is given to a utility company authorized agent or employee sent to disconnect the service and who is authorized to accept payment in lieu of disconnection.

(E) "Commission" means the public utilities commission of Ohio.

(F) "Consumer" means any person who is an ultimate user of electric, gas, or natural gas utility service.

(G) "Customer" means any person who enters into an agreement, whether by contract or under a tariff, to purchase electric, gas, or natural gas utility service.

(H) "Customer premise" means the service address where the customer receives the residential electric, gas, or natural gas utility service.

(I) "Default" means the failure to make the required payment on an extended payment plan by the due date.

(J) "Extended payment plan" means an agreement between the customer and the company that requires the customer to make payments over a set period of time to the company on unpaid amounts owed to the company.

(K) "Former percentage of income payment plan plus customer" (former PIPP plus customer) means a customer that (1) remains within the gas or natural gas utility company's service territory; (2) either elects to terminate participation in the PIPP plus program or is no longer eligible to participate in the PIPP plus as a result of an increase in the household income or change in the household size; and (3) is not in a graduate PIPP plus.

(L) "Fraudulent act" means an intentional misrepresentation or concealment by the customer or consumer of a material fact that the electric, gas, or natural gas utility company relies on to its detriment. "Fraudulent act" does not include tampering.

(M) "Graduate percentage of income payment plan plus customer" (graduate PIPP plus customer) means a customer who was previously enrolled in a PIPP plus and who meets the requirements, as set forth in rule 4901:1-18-16 of the Administrative Code, to participate in the transitional phase of the income-based payment plan for low-income, residential customers served by regulated electric, gas, and natural gas utility companies.

(N) "Household income" has the meaning attributed to it by the Ohio department of development, office of community services, in the administration of the home energy assistance program.

(O) "On-time payment" means for the purpose of applying incentive credits, a PIPP plus installment received by the gas or natural gas company prior to the date that the next bill is issued.

(P) "Percentage of income payment plan plus" (PIPP plus) means the income-based payment plan for low-income, residential customers served by regulated electric, gas, and natural gas utility companies.

(Q) "PIPP plus anniversary date" means the calendar date by which the PIPP plus customer must be current on his or her income-based PIPP plus payments to continue participation in PIPP plus. The anniversary date shall be at or about every twelve months from when the customer enrolled in PIPP plus. This date is used to calculate when any missed income-based PIPP plus payments are due for continued PIPP plus program participation. This date is used to review and recalculate the arrearage credit, if necessary.

(R) "PIPP plus customer" means the customer currently enrolled in PIPP plus.

(S) "PIPP plus reverification date" means the calendar date by which the PIPP plus customer must document his or her household income and household size to continue participation in the PIPP plus program or participate in the graduate PIPP plus program. The reverification date shall be every twelve months from when the customer last reverified.

(T) "Tampering" means to interfere with, damage, or by-pass a utility meter, conduit, or attachment with the intent to impede the correct registration of a meter or the proper functions of a conduit or attachment so as to reduce the amount of utility service that is registered on the meter. Tampering includes the unauthorized reconnection of an electric, gas, or natural gas meter, or a conduit or attachment that has been disconnected by the utility company.

(U) "Utility company" means all persons, firms, or corporations engaged in the business of providing electric, gas, or natural gas service to consumers as defined in division (A)(06) of section 4928.01, section 4905.03, and division (G) of section 4929.01 of the Revised Code, respectively.

(V) "Winter heating season" means the time period from November first through April fifteenth.

Last updated October 1, 2026 at 10:01 AM

History

Effective: October 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-18-02 General provisions.

(A) The rules in this chapter apply to all electric, gas, and natural gas utility companies that provide service to residential customers, including residential consumers in master-metered premises, and residential consumers whose utility services are included in rental payments.

(B) Nothing contained in this chapter shall in any way preclude the commission from any of the following:

(1) Altering, or amending, in whole or in part, the rules and regulations in this chapter.

(2) Prescribing different standards for the disconnection and reconnection of electric, gas, or natural gas service as deemed necessary by the commission.

(3) Waiving any requirement, standard, or rule set forth in this chapter for good cause shown, as supported by a motion and supporting the memorandum. The application for a waiver shall include the specific rule(s) requested to be waived. If the request is to waive only a part or parts of a rule, then the application should identify the appropriate paragraphs to be waived. The waiver request shall provide sufficient explanation, by rule, to allow the commission to thoroughly evaluate the waiver request.

(C) Except as set forth in this rule, the rules of this chapter supersede any inconsistent provisions, terms, and conditions of electric, gas, and natural gas companies' tariffs. Electric, gas, and natural gas companies may adopt or maintain tariffs providing greater protection for customers or consumers.

(D) The rules in this chapter allow the use of electronic transactions and all notices, if the customer and the utility company are both in agreement regarding such use and such use is consistent with commission requirements or guidelines. The utility company shall advise the customer that if he/she chooses this option, the disconnection notice will only be provided electronically. The customer does not affirmatively consent to electronic notices by merely paying the bill electronically. The customer may withdraw consent to communicate electronically at any time.

Last updated September 21, 2026 at 9:58 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-18-03 Reasons for disconnecting residential electric, gas, or natural gas service.

Electric, gas, or natural gas utility companies under the jurisdiction of the commission may disconnect service to residential customers only for the following reasons:

(A) When a customer/consumer uses electricity, gas, or natural gas in a manner detrimental to the service to other consumers.

(B) When providing service is in conflict or incompatible with any order of the commission, court of law, laws of the state of Ohio or any political subdivision thereof, or of the federal government or any of its agencies.

(C) When the customer has moved from the service location, and the property owner is subject to notice under paragraph (A)(3)(d) of rule 4901:1-18-06 of the Administrative Code.

(D) When supplying electricity, gas, or natural gas creates a safety hazard to consumers or their premises, the public, or to the company's personnel or facilities or where, because of conditions beyond the consumer's premises, disconnection of the supply of electricity, gas, or natural gas is reasonably necessary. The company shall not restore service until the hazardous condition(s) has been corrected.

(E) When a customer, consumer, property owner, landlord, or his/her agent does any of the following:

(1) Prevents utility company personnel from reading the meter for a year or more.

(2) After notice and a reasonable period of time, prevents utility company personnel from accessing, calibrating, maintaining, or replacing the utility company's meter, metering equipment, or other utility company property used to supply service.

(3) Resorts to any fraudulent act to obtain electric, gas, or natural gas service, is the beneficiary of the fraudulent act, or tampers with the utility company's meter, metering equipment, or other property used to supply the service.

(F) For repairs, provided that notice to customers is given prior to scheduled maintenance interruptions in excess of four hours.

(G) Upon the request of the customer. If the customer is a landlord, then the provisions of paragraph (K) of rule 4901:1-18-08 of the Administrative Code, shall also apply.

(H) For nonpayment of regulated services provided by the utility company, including nonpayment of security deposits.

(I) For good cause shown.

Last updated September 21, 2026 at 9:58 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-18-04 Delinquent bills.

(A) Individually metered residential service accounts will be considered delinquent and subject to the utility company's disconnection procedures for nonpayment if the account meets one of the following criteria:

(1) The customer has not made full payment or arrangements for payment by the due date, for any given bill containing a previous balance for regulated services provided by the utility company.

(2) The customer is in default on an extended payment plan.

(3) The customer fails to make the initial payment on an extended payment plan.

(B) The minimum payment necessary in order to avoid the disconnection procedures shall not be greater than the delinquent amount, i.e., that portion of the bill that represents a previous balance for regulated services provided by the utility company.

Last updated September 21, 2026 at 9:58 AM

History

Effective: November 1, 2010
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-18-05 Extended payment plans and responsibilities.

(A) Upon contact by a customer whose account is delinquent or who desires to avoid a delinquency, the utility company shall inform the customer that it will make reasonable extensions or other extended payment plans appropriate for both the customer and the utility company. If the customer proposes payment terms, the utility company may exercise discretion in the acceptance of the payment terms based upon the account balance, the length of time that the balance has been outstanding, the customer's recent payment history, the reasons why payment has not been made, and any other relevant factors concerning the customer including health, age, and family circumstances.

(B) If the customer fails to propose payment terms acceptable to the utility company, the utility company shall then advise the customer of the availability of all of the following extended payment plans and the percentage of income payment plan plus (PIPP plus). If a customer requests additional information about PIPP plus, the utility company shall inform the customer of the eligibility requirements as set forth in paragraphs (B) and (C) of rule 4901:1-18-12 of the Administrative Code (gas PIPP plus) or to Chapter 122:5-3 of the Administrative Code (electric PIPP plus), provide the customer with a copy of PIPP plus literature and direct the customer to the toll-free telephone number of the Ohio department of development which the customer may call to identify the local energy assistance provider or other community-based nonprofit organization designated by the Ohio department of development to offer services in the customer's service area. In addition to PIPP plus, the extended payment plans are:

(1) One-sixth plan - A plan that requires six equal monthly payments on the past due balances in addition to full payment of the current bill.

(2) One-ninth plan - A plan that requires nine equal monthly payments on the past due balances in addition to a budget payment plan for the projected monthly bills, which will end nine months from the initial payment. The budget portion of the payments may be adjusted periodically during the nine-month period as needed.

(3) Winter heating season plan - In addition to the one-sixth and one-ninth plans in this paragraph, during the winter heating season, the utility company shall offer to any customer not already on a payment plan, the one-third payment plan for any bills that include any usage occurring from November first to April fifteenth of each year. The one-third plan requires payment of one-third of the balance due each month (past due balances plus the current bill). For any outstanding balance remaining after the last one-third bill has been rendered, the utility company shall remove the customer from the one-third payment plan and shall offer the customer the option to pay the balance, or to enter into one of the other plans in this paragraph, or to enroll in PIPP plus, provided that he/she meets the qualifications for that PIPP plus plan.

(C) A customer who is in default on an agreed-upon extended payment plan in paragraph (A) of this rule shall be offered the payment plans in paragraph (B) of this rule and PIPP plus, provided that he/she meets the qualifications for that plan. A customer who is in default on one of the extended payment plans in paragraph (B) of this rule shall be offered PIPP plus, provided that he/she meets the qualifications for the PIPP plus plan. If a customer is having difficulty complying with any payment plan and requests that the utility company review that payment plan, the utility company may agree to modify the payment plan to meet both the customer's and utility company's needs.

(D) For customers without arrearages, the utility company shall also offer a budget plan (a uniform payment plan).

(E) If a customer informs the utility company of a medical problem, the utility company shall inform the customer of the medical certification program as provided in paragraph (C) of rule 4901:1-18-06 of the Administrative Code.

(F) A customer's failure to make any payment under one of the payment plans in paragraph (B) of this rule or PIPP plus shall entitle the utility company to disconnect service in accordance with the procedures set forth in rule 4901:1-18-06 of the Administrative Code.

(G) The utility company shall advise the customer, who enters into an extended payment plan, that it will provide the customer with the terms of the plan in writing. The utility company shall also advise the customer that failure to make a payment under the extended payment plan may result in the disconnection of service in accordance with the procedures set forth in rule 4901:1-18-06 of the Administrative Code.

(H) No utility company shall charge late payment fees to customers that are current on the payment plans identified in paragraph (A) or (B) of this rule or PIPP plus.

Last updated September 21, 2026 at 9:58 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-18-06 Disconnection procedures for electric, gas, and natural gas utilities.

(A) If a residential customer is delinquent, as defined in paragraph (A) of rule 4901:1-18-04 of the Administrative Code, in paying for regulated services, the utility company may, after at least fourteen days' notice, disconnect the customer's service during normal utility company business hours in compliance with all of the following conditions.

(1) No disconnections for nonpayment shall be made after twelve-thirty p.m. on the day preceding a day on which all services necessary for the customer to arrange and the utility company to perform reconnection are not regularly performed.

(2) On the day of disconnection of service, the utility company shall provide the customer with personal notice. If the customer is not at home, the utility company shall provide personal notice to an adult consumer. If neither the customer nor an adult consumer is at home, the utility company shall attach written notice to the premises in a conspicuous location prior to disconnecting service.

(3) Third-party or guarantor notification.

(a) Each utility company shall permit a residential customer to designate a third party to receive notice of the pending disconnection of the customer's service and any other delinquent payment reminder notices sent to the customer. If the customer has a guarantor, the guarantor shall receive notice of the pending disconnection of the guaranteed customer's service and any other delinquent payment reminder notices sent to the guaranteed customer, pursuant to rule 4901:1-17-03 of the Administrative Code. The utility company shall notify the third party or the guarantor at least fourteen days prior to disconnecting the customer's service.

(b) The utility company shall inform the third party that his/her receipt of such notices does not constitute acceptance of any liability by the third party for payment for service provided to the customer unless the third party has also agreed, in writing, to be a guarantor for the customer.

(c) In compliance with division (E) of section 4933.12 and division (D) of section 4933.121 of the Revised Code, if the utility company plans to disconnect the residential utility service of a customer for the nonpayment of his/her bill, and that customer resides in an Ohio county in which the department of job and family services has provided the utility company with a written request for notification of residential service disconnection prior to the disconnection, then the utility company shall provide, during the period of the fifteenth of November to the fifteenth of April, the appropriate county department of job and family services with a listing, electronically if feasible, of those customers whose service will be disconnected for nonpayment. This information will include at a minimum, the customer's first name, middle initial, last name, service address, and county of residence, and shall be made available to the county department of job and family services simultaneous with the generation of any ten-day disconnection notices being distributed to customers. The county department of job and family services may use this information to assist customers in the payment of delinquent utility bills in an effort to avoid disconnection of service.

(d) Upon the request of a property owner or the agent of a property owner, each utility company shall provide the property owner or the agent of a property owner with at least three days' advance notice when service to his/her property is to be disconnected either at the request of a residential customer who is a tenant or for nonpayment.

(4) Utility company employees or agents of the utility company who disconnect service at the premises may or may not, at the discretion of the utility company, be authorized to make extended payment arrangements. Utility company employees or agents who disconnect service shall be authorized to complete one of the following:

(a) Accept payment in lieu of disconnection.

(b) Dispatch an employee to the premises to accept payment.

(5) The disconnection notice may be mailed separately or included on the regular monthly bill. If the notice is included on the regular monthly bill, it shall be prominently identified as a disconnection notice. The following information shall be clearly displayed either on the disconnection notice or in documents accompanying the disconnection notice:

(a) The delinquent billing account number, the total amount required to prevent disconnection of the regulated services provided by the utility company, and/or any security deposit owed at the time of the notice.

(b) The earliest date when disconnection may occur.

(c) The local or toll-free number and address of the utility company's office for customers to contact about their account.

(d) The following statement:

"If you have a complaint in regard to this disconnection notice that can not be resolved after you have called (name of utility company), or for general utility company information, residential and business customers may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service).

(e) A statement that the customer's failure to pay the amount on the disconnection notice at the utility company's office or to one of its authorized agents before the date specified on the disconnection notice may require payment of a security deposit and a charge for reconnection. The statement shall also include the amount of the security deposit and the reconnection charge.

(f) If applicable, a statement that the failure to pay charges for nontariffed products or services may result in the loss of those products and/or services.

(g) An explanation of the payment plans and options available to a customer whose account is delinquent, as provided in this rule and rule 4901:1-18-05 of the Administrative Code, and percentage of income payment plan (PIPP plus), pursuant to rule 4901:1-18-12 of the Administrative Code, and, when applicable, rule 4901:1-18-09 of the Administrative Code.

(h) If disconnection of service is to occur as a result of nonpayment, a statement that a medical certification program and forms are available from the utility company for customers or consumers where the disconnection of service would be especially dangerous to the health of those persons.

(i) A statement that a listing of the utility company's authorized payment agents is available by calling the utility company's toll-free customer service number.

(B) No utility company shall disconnect the service of a customer for nonpayment where the date of disconnection occurs within the period of November first through April fifteenth, unless the utility company completes each of the following:

(1) Makes contact with the customer or other adult consumer at the premises ten days prior to disconnection of service by personal contact, telephone, or hand-delivered written notice. Utility companies may also make contact by sending the notice by regular, U.S. mail; however, such notice must allow three calendar days for mailing. This additional notice shall extend the date of disconnection, as stated on the fourteen-day notice required by paragraph (A) of this rule, by ten additional days.

(2) Informs the customer or adult consumer that sources of federal, state, and local government aid for payment of utility bills and for home weatherization are available at the time the utility company delivers the notice required in paragraph (A) or (B)(1) of this rule, and provides sufficient information to allow the customer to further pursue available assistance.

(3) Informs the customer of the right to enter into any of the payment plans set forth in paragraph (B) of rule 4901:1-18-05 of the Administrative Code, or to enroll in PIPP plus. If the customer does not respond to the notice described in paragraph (B)(1) of this rule, or refuses to accept a payment plan or fails to make the initial payment on a payment plan referenced in this paragraph, the utility company may disconnect service after the ten-day notice expires.

(1) In accordance with the certification requirements of this rule, the utility company shall not disconnect residential service for nonpayment for either of the following situations:

(a) If the disconnection of service would be especially dangerous to the health of any consumer who is a permanent resident of the premises.

(b) When the disconnection of service would make operation of necessary medical or life-supporting equipment impossible or impractical.

(2) The medical condition or the need for medical or life-supporting equipment shall be certified to the utility company by a licensed physician, physician assistant, clinical nurse specialist, certified nurse practitioner, certified nurse-midwife, or local board of health physician.

(3) The utility company shall act in accordance with the following medical certification requirements:

(a) Upon request of any residential consumer, the utility company shall provide a medical certification form to the customer or to any of the health care professionals identified in paragraph (C)(2) of this rule. The utility company shall use the medical certification form posted on the commission's website.

(b) The certification of the medical condition or the need for the medical or life-supporting equipment required by paragraph (C)(1) of this rule shall be in writing and shall include the name of the person to be certified; a statement that the person is a permanent resident of the premises in question; the name, business address, and telephone number of the certifying party; a statement of the need for the medical or life-supporting equipment, if applicable; and a signed statement by the certifying party that disconnection of service will be especially dangerous to the health of a permanent resident of the premises.

(c) Initial certification by the certifying party may be by telephone if written certification is forwarded to the utility company within seven calendar days.

(d) Certification shall prohibit disconnection of service for thirty calendar days.

(f) If service has been disconnected for nonpayment within twenty-one calendar days prior to the certification of either a special danger to the health of a qualifying resident or the need for medical or life-supporting equipment, the utility company shall restore service to that residence once the certifying party provides the required certification to the utility company and the customer agrees to an extended payment plan.

(g) If certification is provided to the utility company prior to three-thirty p.m., the utility company shall restore the customer's service within the same day. If the certification is received after three-thirty p.m., the utility company shall reconnect service by the earliest time possible on the following business day. Also, if the certification is received after three-thirty p.m. on a day that precedes a day on which all services necessary for the customer to arrange and the utility company to perform reconnection are not regularly performed, the utility company shall make an effort to restore service by the end of that day.

(h) A consumer may renew the certification two additional times (thirty days each) by providing additional certificates to the utility company. The total certification period may not exceed ninety days per household in any twelve-month period.

(4) The electric utility company shall give notice of availability of medical certification to its residential customers by means of bill inserts or special notices at the beginning of the winter heating period and at the beginning of the summer cooling period. The natural gas utility company shall give notice of the availability of medical certification to its residential customers by means of bill inserts or special notices at the beginning of the winter heating period.

(5) If there is an outstanding balance for a returned check on the customer's account, the utility company may refuse the medical certification, so long as notice has been given to the customer in accordance with rules 4901:1-10-20 and 4901:1-13-09 of the Administrative Code. Such notice shall also advise the customer that there is a returned check balance on the account and that the utility company may deny the customer's use of medical certificates if that balance is not paid.

(D) This provision is to address circumstances where an electric, gas, or natural gas utility company cannot gain access to disconnect service at a particular service location after receiving a request for disconnection from the customer of record.

(1) If the utility company is denied access to disconnect service, the utility company may subsequently disconnect the utility service in accordance with the provisions of paragraph (I) of rule 4901:1-18-03 of the Administrative Code.

(2) If the property in question is a multi-unit dwelling, then the electric, gas, or natural gas utility company shall comply with the provisions of rule 4901:1-18-08 of the Administrative Code.

(3) The customer of record requesting termination of service will not be financially responsible for the utility service consumed from the date of move-out, unless the customer of record is the individual who denied the utility company's access to disconnect service or the customer of record continues to reside at the premises. The utility company may require the customer to affirm in writing the date on which the customer vacated the premises.

(E) This provision is to address circumstances where an electric, gas, or natural gas utility company elects to leave the utility service on at a particular service location for the utility company's convenience after receiving a request for disconnection from the customer of record.

(1) If the new resident does not contact the utility company to establish service, the utility company may subsequently disconnect the utility service in accordance with the fraud provisions in paragraph (B) of rule 4901:1-10-20 of the Administrative Code (electric) and paragraph (B) of rule 4901:1-13-09 of the Administrative Code (gas and natural gas).

(2) Under the circumstance where the new resident becomes an applicant for service and is required to pay a deposit to establish financial responsibility, the utility company must advise the applicant of the date that the utility service may be disconnected for nonpayment of the deposit.

(3) Under either circumstance where the new resident becomes a consumer of the electric, gas, or natural gas service that was left on by the utility company, the consumer will be financially responsible for the utility service consumed from the date of move-in.

(F) A landlord/property owner may elect to leave the utility service on at a particular service location for the landlord/property owner's convenience under the provisions of a landlord reversion agreement with the electric, gas, or natural gas utility.

(1) The landlord/property owner shall be given a copy of the relevant terms and conditions of the landlord reversion agreement, including specific terms identifying when the service will revert to the landlord/property owner's name, and any costs of such service.

(2) Under the circumstance where a new resident becomes an applicant for service and is required to pay a deposit to establish financial responsibility, the utility company must advise the applicant of the date that the utility service may be disconnected for nonpayment of the deposit.

(3) Under the circumstance where the new resident becomes a consumer of the electric, gas, or natural gas service that was left on by virtue of the landlord/reversion agreement, the consumer will be financially responsible for the utility service consumed from the date of move-in, as indicated in the terms of the lease agreement.

(G) Upon request of the customer, the utility company shall provide an opportunity for review of the initial decision to disconnect the service. The utility company shall review the circumstances surrounding the disconnection, escalate the review to an appropriate supervisor if requested, and inform the customer of the decision upon review as soon as possible. At the customer's request, the utility company shall respond in writing.

(H) The utility company when contacted by the commission's staff shall respond to an inquiry concerning an imminent disconnection or actual disconnection within one business day. At the request of commission staff, the utility company shall respond in writing. Commission staff will notify the customer of the utility company's response.

(I) The utility company shall include in its tariff its current standard practices and procedures for disconnection, including any applicable collection and reconnect charges. Any utility company proposing changes to its disconnection notice shall submit a copy to commission staff for review.

Last updated October 1, 2026 at 10:01 AM

History

Effective: October 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-18-07 Reconnection of service.

(A) Upon payment or proof of payment of the delinquent amount, as defined in rule 4901:1-18-04 of the Administrative Code, and as stated on the disconnection notice, or of an amount sufficient to cure the default on an extended payment plan or the percentage of income payment plan plus (PIPP plus) and applicable reconnection charge, the utility company shall reconnect service that has been disconnected for nonpayment pursuant to the following provisions:

(1) For customers disconnected from service for ten business days or less, the utility company may assess a reconnection charge and shall reconnect service by the close of the following regular utility company working day. Pursuant to rule 4901:1-18-05 of the Administrative Code, the amount sufficient to cure the default for customers on extended payment plans shall include all amounts that would have been due and owing under the terms of the applicable extended payment plan, absent default, on the date that service is reconnected. Under paragraph (D)(2)(b) of rule 4901:1-18-12 of the Administrative Code, the amount sufficient to cure the default for PIPP customers includes all amounts that would have been due for any missed PIPP plus payments, but not more than the arrearage balance.

(2) For customers disconnected from service for more than ten business days, the utility company may treat the customers as new customers and connect service consistent with the timeframes in rules 4901:1-10-09, 4901:1-13-05 and paragraph (C) of rule 4901:1-17-04 of the Administrative Code. In addition, the utility company may assess the customer a reconnection charge in accordance with approved tariffs. Pursuant to paragraph (D)(2)(b) of rule 4901:1-18-12 of the Administrative Code, PIPP plus customers shall be required to pay any missed PIPP plus payments but not more than the arrearage balance. PIPP plus customers shall not be required to pay a deposit pursuant to rule 4901:1-18-15 of the Administrative Code.

(B) If service is disconnected for nonpayment for no more than ten business days, to guarantee the reconnection of service the same day on which payment is rendered:

(1) The customer must provide proof of payment, as required in paragraph (A)(1) of this rule to the utility company no later than twelve-thirty p.m.

(2) If the customer requests that reconnection occur after normal business hours, and such service is offered by the utility company, the utility company may require the customer to pay or agree to pay the utility company's approved tariff charges for after-hours reconnection. The utility company may collect this fee prior to reconnection or with the customer's next monthly billing.

(C) The utility company shall not assess a reconnection charge unless the utility company has actually disconnected the service. The utility company may, however, assess a collection charge if the collection charge is part of the utility company's approved tariff. A collection charge shall not be assessed more than once per billing cycle.

(D) If the utility company accepts a guarantor in order to reestablish service, it shall follow all of the requirements of paragraph (A)(5) of rule 4901:1-17-03 of the Administrative Code.

(E) This provision addresses cases of tampering and unauthorized reconnection of services.

(1) When a utility company has disconnected a meter in connection with alleged tampering, or unauthorized reconnection of a gas, or electric meter, conduit, or attachment of a utility, there shall be a rebuttable presumption that the person in possession or control of the meter, conduit, or attachment at the time the tampering or reconnection occurred is the party obligated to pay for the service rendered through the meter, conduit, or attachment.

(2) If the responsible party does not contest the disconnection under the circumstances stated in this paragraph or paragraph (E)(3) of rule 4901:1-18-03 of the Administrative Code the company need not restore service until the party has completed each of the following:

(a) Given satisfactory assurance that the fraudulent or tampering act has been discontinued.

(b) Paid to the utility company an amount estimated by the company to be reasonable compensation for unauthorized usage obtained and not paid for at the time of disconnection.

(d) Paid all other fees and charges authorized by tariff resulting from the fraudulent act or tampering.

(3) The provisions of paragraph (E)(2) of this rule do not apply in situations where the responsible party, as determined by paragraph (E)(1) of this rule, is either a tenant or consumer who no longer resides at the premises or a property owner who has taken possession of the property after the tampering or unauthorized reconnection occurred.

(4) In the event the responsible party was a tenant who no longer resides at the premises where the tampering took place, the utility company may deny service to that party in accordance with the provisions of paragraph (E)(2) of this rule.

Last updated October 1, 2026 at 10:01 AM

History

Effective: October 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-18-08 Landlord-tenant provisions.

This rule is to address circumstances where the utility company knows that the customer is the landlord for a multi-unit dwelling (i.e., tenants who receive master-metered services) or for a single-occupancy dwelling where the utilities are included in the rent. A utility company may disconnect the utility service of these consumers, for nonpayment by the landlord, only in accordance with the following:

(A) The utility company shall give a notice of disconnection of service to the landlord/agent at least fourteen days before the disconnection would occur. If, at the end of the fourteen-day notice period, the customer has not paid or made payment arrangements for the bill to which the fourteen-day notice relates, the utility company shall then make a good faith effort by mail, or otherwise, to provide a separate ten-day notice of pending disconnection to the landlord/agent, to each unit of a multi-unit dwelling (i.e., each tenant who receives master-metered service), and to single-occupancy dwellings where the utilities are included in the rent. This ten-day notice shall be in addition to the fourteen-day notice given to the landlord/agent. This notice requirement shall be complied with throughout the year. In a multi-unit dwelling, written notice shall also be placed in a conspicuous place.

(B) The utility company shall also provide all of the following information in its ten-day notice:

(1) A summary of the remedies tenants may choose to prevent disconnection or to have service reconnected.

(2) A statement to inform tenants that a list of procedures and forms to prevent disconnection or to have service reconnected are available from the utility company upon request. A model form of the tenants' ten-day notice is attached as appendix A to this rule.

(C) The utility company shall inform any consumer inquiring about the notice, posted pursuant to paragraph (A) of this rule, of the amount due for the current month's bill and that the disconnection of service may be prevented if the consumer(s) makes a single payment to the utility company in the amount of the current month's bill.

(D) The utility company shall credit to the appropriate account any payment made by tenants equal to or exceeding the landlord's current bill for those premises. The utility company is under no obligation to accept partial payment from individual tenants. The utility company may choose to accept only a single payment from a representative acting on behalf of all the tenants.

(E) No utility company shall disconnect service to master-metered premises, or to a single-occupancy dwelling where utilities are included in the rent, when all of the following actions take place:

(1) A tenant delivers to the utility company a copy of the written notice required by division (A) of section 5321.07 of the Revised Code, signed by fifty per cent or more of the tenants of the occupied dwelling units in a multi-unit dwelling, or the tenant in a single-occupancy dwelling, which notice shall designate the imminent disconnection of utility service (as shown by the disconnection notices received) as a reason for the notice.

(2) A tenant informs the utility company in writing of the date of the last day on which rent may be paid before a penalty is assessed or the date on which default on the lease or rental agreement can be claimed.

(3) The tenants timely invoke the remedies provided in divisions (B)(1) and (B)(2) of section 5321.07 of the Revised Code, including but not limited to:

(a) Depositing all rent that is due and thereafter becomes due to the landlord, with the clerk of the municipal or county court having jurisdiction.

(b) Applying to the court for an order to use the rent deposited to remedy the condition or conditions specified in the tenant's notice to the landlord (including but not necessarily limited to payment to the utility company rendering the disconnection notice).

(F) Each utility company that delivers notice pursuant to paragraph (A) of this rule shall provide to each tenant, upon request, the procedures to avoid disconnection or to have service reconnected as described in appendix B to this rule. The forms referenced in appendix B to this rule shall be made available by the utility company and also will be available on the commission's website at http:// www.puco.ohio.gov/PUCO/rules or by contacting the commission's call center at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays. Hearing or speech impaired customers may contact the commission via 7-1-1 (Ohio relay service). The utility company shall also identify for the tenant any resources in the community where he/she can obtain assistance in pursuing his/her claim, including but not limited to:

(1) The telephone number(s) of the local legal services program (in cities over one hundred thousand served by that utility company).

(2) The toll-free number(s) for the Ohio state legal services association.

(3) The toll-free number(s) of the office of consumers' counsel.

(4) The telephone number(s) of the local bar association.

(5) The telephone number(s) of the local tenant organization(s).

(G) If a utility company disconnects service to consumers whose utility services are included in rental payments or who are residing in master-metered premises, the company shall comply with the following:

(1) The utility company, upon inquiry, shall inform the consumer that service will be reconnected upon payment of the amount due for the current month's bill plus any reconnection charge if the payment is made within fourteen days of disconnection.

(2) The utility company shall continue service at the premises as long as the tenant's representative continues to pay for each month's service (based upon actual or estimated consumption) by the due date of the bill for that service.

(3) The utility company shall also reconnect service for those consumers who, within fourteen days of the disconnection of service, invoke the provisions of section 5321.07 of the Revised Code, as specified in paragraph (E) of this rule.

(4) If the consumers choose to have their service reconnected by paying the current month's bill and payment is not made by the due date each month, the utility company shall post the notice in a conspicuous location on the premises and make a good faith effort by mail or otherwise to notify each household unit of a multi-unit dwelling, or tenant receiving service in the master-metered premises, or tenant in a single-occupancy dwelling, of the impending service disconnection. The utility company is not required to reconnect service pursuant to this paragraph where the landlord resides on the premises.

(H) The utility company shall provide service to a master-metered premise only if the customer is the landlord/owner of the premises. Company acceptance of new applications for service to master-metered premises requires the landlord/owner to provide to the company an accurate list specifying the individual mailing addresses of each unit served at the master-metered premises.

(I) The utility company may charge the landlord/owner of the master-metered premises, or of a single-occupancy dwelling, a reasonable fee, as set forth in the utility company's tariffs, designed to pay the utility company's incurred cost for providing the notice to tenants required by paragraph (A) of this rule.

(J) The utility company has the burden of collecting from the landlord/owner any billed amounts unpaid at the next billing cycle.

(K) If a customer, who is a property owner, landlord, or the agent of a property owner, requests disconnection of service when residential tenants reside at the premises, the utility company shall perform both of the following actions:

(1) Provide at least a ten-day notice prior to the disconnection of service by mail to the residential tenants or by posting the notice in conspicuous places on the premises.

(2) Inform such customer of the customer's liability for all utility service consumed during the ten-day notice period.

(L) Notwithstanding any notice requirement for a utility company under paragraph (K) of this rule and paragraph (A)(3)(d) of rule 4901:1-18-06 of the Administrative Code, a utility company will not be found to have violated these rules if either the following occurs:

(1) The utility company uses reasonable efforts to determine the status of the customer/consumer as either a property owner, landlord, the agent of a property owner, or a tenant.

(2) The customer/consumer misrepresents the status of the customer/consumer as the property owner, the landlord, the agent of a property owner, or a tenant.

(M) If service is disconnected without notice where the utility is not made aware of a landlord-tenant situation, the utility company shall promptly restore service and provide proper notification as required by the rules in this chapter.

View AppendixView AppendixView Appendix

Last updated October 1, 2026 at 10:01 AM

History

Effective: October 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-18-09 Combination utility companies.

(A) The residential customers and consumers of a combination utility company that provides both natural gas and electric service shall have the same rights pursuant to Chapter 4901:1-18 of the Administrative Code as customers and consumers who are served by separate natural gas and electric companies. In the event of disconnection or pending disconnection of both gas and electric services, a residential customer of a combination utility company has the right to choose to retain or have reconnected both utility services or one service, either gas or electric.

(B) A combination utility company shall apply the payments from residential customers to their gas and electric accounts separately and shall apportion the payments based on the total balance for each service, including any arrearage plus the current month's charge(s). For purposes of applying these payments:

(1) For customers billed only for services provided by the combination utility company, the utility company shall apply payments first to past due amounts, then to current regulated charges, and finally to any nontariffed charges.

(2) For customers billed by the combination utility company for any competitive services provided by either a competitive retail natural gas supplier and/or a competitive retail electric provider, the utility company shall apply payments as provided for under paragraph (H) of rule 4901:1-10-33 of the Administrative Code.

(C) Whenever a residential customer receiving both gas and electric service from a combination utility company has received a disconnection of service notice, the utility company shall give the customer each of the following options:

(1) An extended payment plan for both gas and electric as provided for in rule 4901:1-18-05 of the Administrative Code.

(2) An extended payment plan to retain either gas or electric service as chosen by the customer. Such extended payment plan shall include an extended payment plan as provided in rule 4901:1-18-05 of the Administrative Code.

(D) If a residential customer of a combination utility company who has entered into one extended payment plan for both gas and electric service receives a disconnection of service notice and notifies the utility company of an inability to pay the full amount due under such plan, the utility company shall offer the customer, if eligible pursuant to paragraph (B) of rule 4901:1-18-05 of the Administrative Code, another payment plan to maintain both services. The utility company shall give the customer the opportunity to retain only one service by paying the defaulted payment plan portion for either the gas or electric service, as selected by the customer.

(E) If both the gas and electric service of a residential customer of a combination utility company have been discontinued for nonpayment, the utility company shall reconnect both services, or either service, as designated by the customer, pursuant to rule 4901:1-18-07 of the Administrative Code.

(F) The combination utility company shall in its disconnection of service notice, as provided for in Chapter 4901:1-18 of the Administrative Code, advise combination residential customers of their rights to select the service(s) for retention or reconnection as provided for in paragraphs (C), (D), and (E) of this rule. The notice shall state with specificity the conditions under which customers may exercise their rights and shall state the telephone number and business address of a utility company representative to be contacted to inquire about those rights.

(G) For a customer who has received a disconnection of service notice and who contacts the combination utility company, the utility company shall inform the customer of the total past due amount for each service, and with respect to the extended payment plans available under this rule, the monthly payment due on the past due amount for each service.

Last updated September 21, 2026 at 9:58 AM

History

Effective: November 1, 2010
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-18-10 Insufficient reasons for refusing service or for disconnecting service.

The utility company shall not refuse service to or disconnect service to any applicant/customer for any of the following reasons:

(A) Failure to pay for service furnished to a former customer unless the former customer and the new applicant for service continue to be members of the same household.

(B) Failure to pay for nonresidential service.

(C) Failure to pay any amount which is in bona fide dispute. Where the customer has registered a complaint with the commission's call center or filed a formal complaint with the commission that reasonably asserts a bona fide dispute, the utility company shall not disconnect service if the customer pays either the undisputed portion of the bill, if known or can reasonably be determined, or the amount billed for the same billing period in the previous year.

(D) Failure to pay any nontariffed service charges, including competitive retail electric service.

Last updated September 21, 2026 at 9:58 AM

History

Effective: November 1, 2010
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-18-11 Restrictive language prohibition.

Except as provided in Chapter 4901:5-37 and rule 4901:5-25-06 of the Administrative Code, or other commission-approved curtailment provisions, no gas, natural gas, or electric utility company shall deny service to a prospective customer or discontinue service to a present customer because the utility company would be or is providing only auxiliary, stand-by, or emergency service as an alternative energy source.

Upon application to and approval by the commission, a gas, natural gas, or electric utility company may file a separate applicable tariff containing rates which reflect the costs incurred by that company to provide such services.

Last updated September 21, 2026 at 9:58 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-18-12 Percentage of income payment plan program eligibility for gas utility service.

(A) Rules 4901:1-18-12 to 4901:1-18-17 of the Administrative Code, apply to PIPP plus for residential service from a gas or natural gas utility company. PIPP plus rules and requirements for residential electric utility service are located in Chapter 122:5-3 of the Administrative Code.

(B) A customer is eligible for PIPP plus if the customer meets one of the following criteria:

(1) Annual household income is one hundred seventy-five per cent or less than the federal poverty guidelines for the corresponding household sizes.

(2) The household income for the thirty days prior to enrollment, if annualized, is one hundred seventy-five per cent or less than the federal poverty guideline for the corresponding household size.

(C) If the customer meets the income eligibility requirements, as set forth in paragraph (B) of this rule, to participate in PIPP plus, the customer must also:

(1) Apply for all public energy assistance for which the customer is eligible.

(2) Apply for and accept all weatherization programs for which the customer is eligible.

(3) Sign and submit a release to the Ohio department of development and the affected jurisdictional gas or natural gas utility company giving permission for that entity to receive information from any public or private agency that provides income or energy assistance to the customer, or from any member of the customer's household, and/or from any public or private employer of the customer or member of the customer's household as it relates to PIPP plus eligibility.

(4) Notify the local agency designated by the Ohio department of development, within thirty days, of any change in income or household size.

(D) In addition to the requirements set forth in paragraphs (B) and (C) of this rule, a PIPP plus customer must also periodically reverify his/her eligibility.

(1) All PIPP plus customers must provide proof of eligibility to the Ohio department of development of the household income at least once every twelve months at or about the customer's PIPP plus reverification date. The customer shall be accorded a grace period of sixty days after the customer's PIPP plus reverification date to reverify eligibility.

(2) Except as provided in this paragraph, the PIPP plus customer must be current on his/her income-based PIPP plus payments at the customer's PIPP plus anniversary date to be eligible to remain on PIPP plus for the subsequent twelve months. The customer will have one billing cycle after the PIPP plus anniversary date to pay any missed PIPP plus payments before being removed from the program. Missed PIPP plus payments include:

(a) Any delayed payments as a result of the customer's prior use of a medical certificate in accordance with paragraph (C) of rule 4901:1-18-06 of the Administrative Code.

(b) Any missed payments, including PIPP plus payments which would have been due for the months the customer is disconnected from gas utility service up to a maximum of twenty-four months. The amount due also shall not exceed the amount of the customer's arrearage and shall be paid prior to the restoration of utility service.

(3) PIPP plus customers who have been dropped from the PIPP plus program due to nonpayment or not meeting the terms of the program (e.g. failure to reverify or to bring account current at the anniversary date) and who were otherwise eligible for PIPP plus, may re-enroll in the program after all missed PIPP plus payments have been cured, up to a maximum of twenty-four payments. This includes missed PIPP plus payments for any months in which the customer's service was maintained while not on the program (less any payments made by the customer) or service was disconnected. The dropped PIPP plus customer is not eligible for any incentives or credits in accordance with rule 4901:1-18-14 of the Administrative Code for payments made pursuant to this rule. The amount due shall not exceed the amount of the customer's arrearage.

(4) All PIPP plus customers must also provide proof of eligibility to the gas or natural gas utility company upon request. No gas or natural gas utility company shall request such proof without justification.

(E) Upon the customer's enrollment in PIPP plus and at reverification, the gas or natural gas utility company shall provide the customer with a copy of PIPP plus literature including, at a minimum, the customer's monthly payment, service address, current arrearages, nonrecurring fees, timely payment incentives, reverification requirements including the customer's anniversary date, and customer responsibilities when the customer is no longer eligible for the program.

Last updated September 21, 2026 at 9:58 AM

History

Effective: November 24, 2022
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-18-13 Payment requirements for percentage of income payment plan customers.

(A) The payment requirements for a percentage of income payment plan plus (PIPP plus) or graduate PIPP plus customer, as referenced in Chapter 4901:1-18 of the Administrative Code, shall be calculated as follows:

(1) PIPP plus. Each PIPP plus customer shall be billed five per cent of his/her household income or ten dollars, whichever is greater, per billing cycle by the jurisdictional gas or natural gas utility company that provides the customer with his/her source of heat.

(2) Graduate PIPP plus. Each graduate PIPP plus customer shall be billed the average of the customer's most recent PIPP plus income-based payment and the customer's budget bill amount, per billing cycle by the jurisdictional gas or natural gas utility company that provides the customer with his/her source of heat.

(B) Customers who are also enrolled in the PIPP plus program for their electric utility service should refer to Chapter 122:5-3 of the Administrative Code for the applicable payment requirement(s).

(C) Any money provided to the jurisdictional gas or natural gas utility company by a public or private entity for the purpose of paying utility bills shall not be considered as household income when calculating PIPP plus eligibility.

(1) Home energy assistance program (HEAP). Money provided from HEAP, or a similar program, shall not be counted as part of the monies paid by the customer to meet the monthly PIPP plus income-based payment requirement. These monies shall first be applied to the customer's arrearages and then held to be applied to future arrearages. Monies shall not be directly remitted to PIPP customers.

(2) Money other than HEAP or emergency HEAP (E-HEAP), or money provided on a monthly basis by a public or private agency for the purpose of paying utility bills shall first be applied to the customer's defaulted current monthly payment obligation, if any, then applied to the customer's current monthly income-based payment obligation, and, lastly, shall be applied to the customer's arrearages.

Last updated September 21, 2026 at 9:58 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-18-14 Incentive programs for percentage of income payment plan plus and graduate percentage of income payment plan plus customers.

(A) Percentage of income payment plan plus (PIPP plus) and graduate PIPP plus customers shall be provided the incentive of a reduction in their outstanding arrearages in return for making on-time payments.

(1) PIPP plus customer. Each time the PIPP plus customer makes his/her required income-based on-time payment or more, as determined pursuant to rule 4901:1-18-13 of the Administrative Code, to the gas or natural gas utility company, the gas or natural gas utility company shall reduce the customer's account arrearage by the difference between the amount of the required income-based payment and the current monthly bill plus one twenty-fourth of the customer's accumulated arrearages, as calculated at the time of enrollment or in the event of late or missed payments, at the anniversary date.

(2) Graduate PIPP plus customer. Each time the graduate PIPP plus customer makes his/her required payment or more, as determined pursuant to rule 4901:1-18-13 of the Administrative Code, to the gas or natural gas utility company, the gas or natural gas utility company shall reduce the customer's account arrearage by the difference between the amount of the required payment and the current monthly bill plus one-twelfth of the customer's accumulated arrearages, as calculated at the time of enrollment in the graduate PIPP plus program.

(B) If a PIPP plus or graduate PIPP plus customer's account balance becomes a credit balance, the customer will no longer be eligible for incentive credits until such time that the account balance is no longer a credit.

If the credit balance is not a result of any incentive credits, any PIPP plus payment credit balance may be refunded to the customer upon request. At the time of such refund, the gas or natural gas utility company shall remove the account from PIPP plus and inform the customer of the availability of a more suitable payment plan option (e.g., budget payment plan). If the customer wishes to re-enroll in PIPP plus, the company shall follow the requirements set forth in paragraph (E) of rule 4901:1-18-15 of the Administrative Code.

(C) At the completion of the graduate PIPP plus plan, the gas or natural gas company shall review the account to determine if a credit balance appears. If the credit balance is a result of incentive credits as outlined in paragraph (A) of rule 4901:1-18-14 of the Administrative Code the gas or natural gas utility company shall apply those credits as an offset to the PIPP plus rider.

Last updated September 21, 2026 at 9:58 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-18-15 General percentage of income payment plan provisions.

(A) A PIPP plus customer who is current on his/her PIPP plus payments shall not be disconnected, refused reconnection, or denied a transfer of service to a new address, based solely on outstanding arrearages accrued while in the PIPP plus program.

(B) No gas or natural gas utility company shall require a deposit on PIPP plus customer accounts or new or reconnected accounts where the customer has signed up for PIPP plus. The gas or natural gas utility company may assess the customer the deposit if it is determined that the customer is ineligible for PIPP plus. Any deposit paid by a customer prior to signing up for PIPP plus, to initiate, retain, or restore service, shall, upon enrollment in PIPP plus, be credited to the customer's outstanding arrearage.

(D) The gas or natural gas utility company shall include the PIPP plus customer's anniversary date on each monthly bill.

(E) A PIPP plus customer who voluntarily leaves PIPP plus and who was otherwise eligible for PIPP plus, and then within twelve months re-enrolls in PIPP plus must pay the PIPP plus payments due for the months the customer received service but was not on the program, less payment made by the customer during the same time period.

(F) A PIPP plus customer who voluntarily leaves PIPP plus with no outstanding arrearages and who was otherwise eligible for PIPP plus, and then re-joins PIPP plus after twelve months, the customer would be required to pay his or her first PIPP plus payment. If the customer re-joins PIPP plus after twelve months and has outstanding arrearages at the time he/she left the PIPP plus program, the customer would be required to pay the missed PIPP plus payments for the number of months, up to a maximum of twenty-four months, that he or she was not enrolled in PIPP plus, less any payments made by the customer up to the amount of the customer's arrearages at the time he/she left the PIPP plus program.

(G) Post PIPP plus. The gas or natural gas utility company shall offer on the final bill a payment agreement for PIPP plus customers with arrearages who are closing their utility account due to:

(1) Moving beyond the gas or natural gas company's service territory,

(2) Transferring to a residence where utility service is not in the former PIPP plus customer's name, or

(3) Moving to a master-metered residence.

The monthly payment shall be no more than the total accumulated arrearage divided by sixty. Each time the former PIPP plus customer makes his or her required payment by the due date, the company shall reduce the account arrearage by one-twelfth. This payment agreement is available to the former PIPP plus customer for twelve months from the time the account finals.

Last updated September 21, 2026 at 9:58 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-18-16 Graduate percentage of income payment plan program.

(A) Percentage of income payment plan plus (PIPP plus) customers that remain within the gas or natural gas utility company's service territory shall automatically be enrolled in the graduate PIPP plus program when one of the following occurs:

(1) The customer elects to terminate participation in the PIPP plus program.

(2) The customer is no longer eligible to participate in PIPP plus as a result of an increase in the household income or a change in the household size.

(B) PIPP plus customers removed from the program due to fraudulent enrollment in the PIPP plus program are not eligible to participate in graduate PIPP plus.

(C) Any graduate PIPP plus customer who tampers with the gas or natural gas utility company's meter, metering equipment, or other property, or is the beneficiary of such act, shall comply with the requirements of paragraphs (E)(2)(a) to (E)(2)(d) of rule 4901:1-18-07 of the Administrative Code.

(D) To be eligible for graduate PIPP plus, a former PIPP plus customer must be current with his/her income-based payments on the gas or natural gas utility company account or cure any missed PIPP plus payments within two billing cycles of the customer's removal from PIPP plus.

(E) Upon enrollment in graduate PIPP plus, the gas or natural gas utility company shall provide the graduate PIPP plus customer with a copy of the graduate PIPP plus participation requirements including, at a minimum, the customer's monthly payment plan over the next twelve months or the remaining term of the graduate PIPP program, service address, mailing address, the account arrearage at graduate PIPP plus initiation, applicable fees, if any, arrearage credit, and the customer's responsibilities.

(F) Upon enrollment in graduate PIPP plus, the customer shall be provided the incentive of a reduction in their outstanding arrearages in return for continuing to make timely payments of the amount due, as set forth in rule 4901:1-18-14 of the Administrative Code.

(G) The graduate PIPP plus customer shall be billed the average of his/her income-based PIPP plus payment and the customer's budget bill amount, calculated using the utility company's normal methodology, ([PIPP plus payment + budget bill amount] 2) for the twelve billing cycles following enrollment in the program or the remaining term of the graduate PIPP program. The transition payment shall be based on the income and household size immediately prior to the PIPP plus customer becoming ineligible for PIPP plus or electing to terminate participation in PIPP. After twelve billing cycles, the graduate PIPP plus customer is no longer eligible for arrearage credits. At the conclusion of graduate PIPP, any remaining arrearage on the customer's account may become due and the customer may be placed on one of the extended payment plans in rule 4901:1-18-05 of the Administrative Code. If the arrearage remains on the customer's account and the customer fails to make extended payment arrangements, the gas or natural gas utility company may initiate disconnection procedures for failure to pay the remaining arrearage.

(H) An active or former graduate PIPP plus customer may re-enroll in PIPP plus at any time, provided that he or she meets the income qualifications. The active or former graduate PIPP plus customer must be current with his or her graduate PIPP plus payments or cure any missed graduate PIPP plus default prior to re-enrollment in PIPP plus.

(I) No gas or natural gas utility company shall require a deposit on graduate PIPP plus customer accounts while the customer is enrolled in graduate PIPP plus. The gas or natural gas utility company may assess the customer a deposit, pursuant to rule 4901:1-17-04 of the Administrative Code, if the customer elects to terminate participation in graduate PIPP plus or the customer's participation in PIPP plus is terminated.

(J) No gas or natural gas utility company shall apply late fees to a graduate PIPP plus customer's account.

Last updated September 21, 2026 at 9:58 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-18-17 Removal from or termination of customer participation in the percentage of income payment plan plus.

(A) The gas or natural gas utility company shall remove a percentage of income payment plan plus (PIPP plus) customer from PIPP plus when the customer fails to comply with the requirements set forth in paragraph (B), (C), or (D) of rule 4901:1-18-12 of the Administrative Code.

(B) If a customer is removed from PIPP plus for failure to timely reverify eligibility and fails to reverify and re-enroll in PIPP plus or to qualify for graduate PIPP plus pursuant to paragraph (D) of rule 4901:1-18-16 of the Administrative Code, the entire account arrearage will become due. The gas or natural gas utility company shall offer the customer an extended payment plan pursuant to paragraph (B) of rule 4901:1-18-05 of the Administrative Code. If the customer fails to make payment under the agreed payment plan, the former PIPP plus customer's service may be subject to disconnection in accordance with rules 4901:1-18-03 to 4901:1-18-06 of the Administrative Code.

(C) Fraudulent act. The gas or natural gas utility company shall terminate a customer's participation in PIPP plus or graduate PIPP plus when it is determined by the gas or natural gas utility company that the PIPP plus or graduate PIPP plus customer was fraudulently enrolled in the program or when the customer is found to be non-compliant by the Ohio department of development. The customer shall be required to pay the gas or natural gas utility company the difference between any PIPP plus and/or graduate PIPP plus income-based payments made and the actual bill amount and to pay any arrearage credits accrued for timely payments during the period the customer was fraudulently enrolled in PIPP plus and/or graduate PIPP plus. The gas or natural gas utility company shall credit such amounts received to the company's PIPP rider. The customer shall not be eligible to participate in PIPP plus, graduate PIPP plus, or to receive any other benefits available to PIPP plus customers or graduate PIPP plus customers for twenty-four months from when the customer is removed from PIPP plus or graduate PIPP plus and until any demand for restitution is satisfied. For this twenty-four month period, the gas or natural gas utility company shall treat such customer as subject to rules 4901:1-18-01 to 4901:1-18-11 of the Administrative code, should the customer return to the gas or natural gas utility company.

(D) Any PIPP plus customer who tampers with the gas or natural gas utility company's meter, metering equipment, or other property, or is the beneficiary of such act, shall comply with the requirements of paragraphs (E)(2)(a) to (E)(2)(d) of rule 4901:1-18-07 of the Administrative Code. Furthermore, to clarify the application of paragraph (E)(2)(b) of rule 4901:1-18-07 of the Administrative Code, the amount of the arrearages generated by the unauthorized usage shall be removed from the customer's arrearages and shall be paid by the customer before service is restored. Any usage charges previously credited to the customer as a result of the arrearage crediting program shall be reversed and are also due before service shall be restored.

Last updated September 21, 2026 at 9:58 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Chapter 4901:1-19 Alternative Rate Plan; Exemptions

Ohio Adm.Code 4901:1-19-01 Definitions.

(A) "Alternative rate plan" means a method, alternate to the method provided in section 4909.15 of the Revised Code, for establishing rates and charges for a distribution service or for a commodity sales service or ancillary service that is not exempt pursuant to section 4929.04 of the Revised Code. Alternative rate plans may include, but are not limited to, methods that provide adequate and reliable natural gas services and goods in this state; minimize the costs and time expended in the regulatory process; tend to assess the costs of any natural gas service or goods to the entity, service, or goods that cause such costs to be incurred; afford rate stability; promote and reward efficiency, quality of service, or cost containment by a natural gas company; provide sufficient flexibility and incentives to the natural gas industry to achieve high quality, technologically advanced, and readily available natural gas services and goods at just and reasonable rates and charges; or establish revenue decoupling mechanisms. Alternative rate plans also may include, but are not limited to, automatic adjustments based on a specified index or changes in a specified cost or costs.

(B) "Ancillary service" means a service that is ancillary to the receipt or delivery of natural gas to consumers, including, but not limited to, storage, pooling, balancing, and transmission.

(C) "Applicant" means a natural gas company, as defined in division (G) of section 4929.01 of the Revised Code, that has filed an application under either section 4929.04 or 4929.05 of the Revised Code.

(D) "Choice-eligible customer" means a customer who is eligible, according to a natural gas company's tariffs, to choose the customer's retail natural gas supplier, and who is not enrolled in the percentage of income payment plan program or any successor program.

(E) "Choice-ineligible customer" means a customer who is ineligible, according to a natural gas company's tariffs, to choose the customer's retail natural gas supplier, but who is not enrolled in the percentage of income payment plan program or any successor program.

(F) "Commodity sales service" means the sale of natural gas to consumers, exclusive of any distribution or ancillary service.

(G) "Consumer" means any person or association of persons purchasing, delivering, storing, or transporting, or seeking to purchase, deliver, store, or transport, natural gas, including industrial consumers, commercial consumers, and residential consumers, but not including natural gas companies.

(H) "Default commodity sales service" means commodity sales service supplied to choice-eligible customers who have not chosen their retail natural gas supplier, choice-ineligible customers, or PIPP-enrolled customers.

(I) "Distribution service" means the delivery of natural gas to a consumer at the consumer's facilities, by and through the instrumentalities and facilities of a natural gas company, regardless of the party having title to the natural gas.

(J) "Exit the merchant function" means the complete transfer of the obligation to supply default commodity sales service for choice-eligible customers from a natural gas company to retail natural gas suppliers without the occurrence of a competitive procurement process.

(K) "Market" means the set of all actual and potential buyers and sellers of a particular product.

(L) "PIPP-enrolled customer" means a customer who is enrolled in the natural gas utility's percentage of income payment plan program or any successor program.

(M) "Product" means commodity sales and/or ancillary goods or services.

(N) "Reasonably available alternatives" means buyers have access to a product that is available soon enough, priced low enough, with quality high enough, under comparable terms and conditions to permit its substitution as an alternative.

(O) "Relevant market" means the market for the product that is the subject of an application for exemption.

(P) "Transmission" means the act or process of transporting the commodity in bulk from a source or sources of supply to principal parts of the system or to other utility systems.

Last updated October 7, 2024 at 1:04 PM

History

Effective: June 15, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-19-02 Purpose and scope.

(A) This chapter governs the filing, consideration, and implementation of an application made pursuant to section 4929.04 of the Revised Code to exempt any commodity sales service or ancillary service of a natural gas company from all provisions of Chapter 4905. of the Revised Code with the exception of section 4905.10, Chapter 4909., and Chapter 4935. with the exception of sections 4935.01 and 4935.03; from sections 4933.08, 4933.09, 4933.11, 4933.123, 4933.17, 4933.28, and 4933.32 of the Revised Code; and from any rule or order issued under those chapters or sections, including the obligation under section 4905.22 of the Revised Code, to provide the commodity sales service or ancillary service, subject to divisions (D) and (E) of section 4929.04 of the Revised Code.

(B) This chapter also governs the filing and consideration of an application made pursuant to section 4929.04 of the Revised Code by a natural gas company to exit the merchant function.

(C) This chapter also governs the filing and consideration of an application made pursuant to section 4929.05 of the Revised Code, by a natural gas company to request approval of an alternative rate plan. The applicant has the burden to document and demonstrate in its alternative rate plan filing that the applicant is in compliance with section 4905.35 of the Revised Code, that the applicant is in substantial compliance with the state's natural gas regulatory and economic policy specified in section 4929.02 of the Revised Code, that the applicant is expected to continue to be in substantial compliance with section 4929.02 of the Revised Code, after implementation of its alternative rate plan, and that the alternative rate plan is just and reasonable.

(D) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

Last updated October 7, 2024 at 1:04 PM

History

Effective: June 15, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-19-03 Filing requirements for exemption applications filed pursuant to section 4929.04 of the Revised Code.

(A) Notice of intent.

The applicant shall notify the commission staff by letter addressed to the directors of the rates and analysis department and the service monitoring and enforcement department of its intent to file an application at least thirty calendar days prior to the expected date of filing.

(B) Form of an application.

(1) An exemption application must be supported by direct testimony.

(2) All direct testimony and exhibits supporting the application shall be filed with the application, unless the application is being filed in conjunction with an application for an increase in rates under section 4909.18 of the Revised Code, in which case the direct testimony and exhibits may be filed within fourteen days of the filing of the application.

(3) The applicant shall provide a copy of its application and supporting testimony to the office of the consumers' counsel and each party of record in its previous alternative rate plan or rate case proceeding. Such copies may be provided either in hard copy or by electronic service.

(4) The applicant shall provide or cause to be provided a copy of the application to any person upon request. Such copies may be provided either in hard copy or by electronic service, if electronic service is feasible and the requestor consents to electronic service.

(5) Exemption applications are designated by the commission's docketing division using the case purpose code "EXM."

(1) The applicant shall provide a detailed description of each commodity sales service(s) and/or ancillary service(s) for which the applicant is requesting an exemption.

(2) If the applicant is proposing to implement an auction or other competitive procurement process for provision of default commodity sales service, the applicant shall provide a detailed description of whether the proposed auction or competitive procurement process is consistent with previous commission orders considering exemption applications as well as best industry practices.

(3) The applicant shall include a detailed discussion as to how the approval of the proposed exemption(s) will promote the policy of the state under section 4929.02 of the Revised Code.

(4) The applicant shall provide a discussion showing that the requested exemption(s) does not involve undue discrimination for similarly situated customers. The applicant shall provide a description of the internal process for addressing customer complaints and inquiries. The applicant shall also include the name of a contact person to work with the commission staff. This person shall have the authority to resolve customer complaints and inquiries received by commission staff.

(5) The applicant shall include a detailed discussion of why the applicant believes it is currently subject to effective competition in the provision of each commodity sales service or ancillary service for which it is requesting an exemption and/or a detailed discussion of why the applicant believes the customers in the relevant market currently have reasonably available alternatives to each commodity sales service or ancillary service for which it is requesting an exemption. Detailed discussions shall include all supporting documentation which shall include empirical data.

(6) The applicant shall submit a proposed separation plan to ensure to the maximum extent practicable that operations, resources, and employees involved in providing or marketing exempt commodity sales services or ancillary services are operated and accounted for separate from nonexempt operations. The applicant shall provide a detailed discussion of its proposed separation plan.

(7) The applicant shall submit a proposed code of conduct which governs both the applicant's adherence to the state policy specified in section 4929.02 of the Revised Code, and its sharing of information and resources between those employees involved in the provision or marketing of exempt commodity sales services or ancillary services, and those employees involved in the provision or marketing of nonexempt commodity sales services or ancillary services.

(8) The applicant shall provide one scored copy each of all proposed tariff schedules where applicable (schedule E-1) which have all proposed changes underscored and current tariff schedules to which changes are proposed (schedule E-2).

(9) The applicant shall provide the rationale underlying the proposed changes to the tariff (schedule E-3), referencing the appropriate current or proposed rate schedules to which the rationale is applicable and using the proper schedule and page number. Changes common to multiple rate forms need only be discussed once.

(10) The applicant shall provide a list and description of all dockets in which there are special arrangements with customers that involve natural gas commodity service, which customers may be affected by the application.

Last updated October 15, 2024 at 11:20 AM

History

Effective: October 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-19-04 Procedures for exemption applications filed pursuant to section 4929.04 of the Revised Code.

(A) During the processing of the application, the commission may dismiss any application which does not substantially comply with the filing requirements of rule 4901:1-19-03 of the Administrative Code.

(B) After notice and a period for public comment, the commission shall conduct a hearing upon an application by a natural gas company with fifteen thousand or more customers for an exemption of any commodity sales service or ancillary service. The commission may, upon its own motion, conduct a hearing upon such an application by a natural gas company with fewer than fifteen thousand customers.

(C) Discovery shall be served no later than twenty calendar days prior to hearing unless a different deadline has been specified in an order of the commission for the purposes of a specific proceeding.

Last updated October 7, 2024 at 1:04 PM

History

Effective: September 29, 2013
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-19-05 Filing requirements and procedures for applications to exit the merchant function.

(A) During the processing of the application, the commission may dismiss any application which does not substantially comply with the filing requirements of this rule.

(B) Notice of intent.

(1) An exit-the-merchant-function application must be supported by direct testimony.

(3) The applicant shall provide a copy of its application and supporting testimony to the office of the consumers' counsel and each party of record in its previous exemption proceeding. Such copies may be provided either in hard copy or by electronic service.

(4) The applicant shall provide or cause to be provided a copy of the application to any person upon request. Such copies may be provided either in hard copy or by electronic service if electronic service is feasible and the requestor consents to electronic service.

(5) Exit-the-merchant-function applications are designated by the commission's docketing division using the case purpose code "EMF."

(D) Exhibits to an exit-the-merchant-function application.

(1) The applicant shall demonstrate that the retail natural gas suppliers providing default commodity sales service to the natural gas company's choice-eligible customers have done so reliably for at least two consecutive heating seasons through a competitive procurement process.

(2) The applicant shall provide details of the proposed assignment and transfer of choice-eligible customers to retail natural gas suppliers for default commodity sales service.

(3) The applicant shall provide an accounting of the costs to implement the exit-the-merchant-function plan.

(4) The applicant shall provide a plan for customer education regarding the exit-the-merchant-function plan, which shall include efforts to encourage customers to choose retail natural gas suppliers before the company fully exits the merchant function.

(5) The applicant shall demonstrate that the application satisfies section 4929.04 of the Revised Code and is just and reasonable.

(E) The applicant may request recovery of its reasonable costs of exiting the merchant function.

(F) The commission shall order such procedures as it deems necessary, consistent with these rules, in its consideration of an application to exit the merchant function.

(G) Review of the application.

(1) It is the applicant's burden to show that the application satisfies paragraph (D)(5) of this rule.

(2) Any party opposing an exit-the-merchant-function plan may present evidence to the commission that the application to exit the merchant function does not meet the criteria in paragraph (D)(5) of this rule.

(3) If the commission finds that the applicant has failed to meet the criteria in paragraph (D)(5) of this rule, no exit from the merchant function shall be granted.

Last updated October 15, 2024 at 11:21 AM

History

Effective: October 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-19-06 Filing requirements for alternative rate plan applications filed pursuant to section 4929.05 of the Revised Code.

(A) Notice of intent.

(B) Form of an application.

(1) An alternative rate plan application must be supported by direct testimony.

(5) Alternative rate plan applications are designated by the commission's docketing division using the case purpose code "ALT."

(1) For alternative rate plan applications that are for an increase in rates, applicants shall submit the exhibits described in divisions (A) to (D) of section 4909.18 of the Revised Code and the schedules and other information described in the standard filing requirements pursuant to rule 4901-7-01 of the Administrative Code unless otherwise waived by paragraph (D) of rule 4901:1-19-02 of the Administrative Code. Except as otherwise provided in rule 4901:1-19-13 of the Administrative Code or as otherwise determined by the commission, an alternative rate plan application that does not use the same billing determinants and revenue requirement authorized by the commission in the applicant's most recent rate case proceeding is considered an application for an increase in rates.

(a) The applicant may use up to nine months of forecasted data for its unadjusted test year operating income statement. The forecasted data shall use the corporate budget which has been approved by the highest level of officers of the applicant and is utilized to manage and operate the applicant on a day-to-day basis. Adjustments the applicant believes are necessary to make the corporate budget more appropriate for ratemaking purposes are to be presented on schedule C-3. Failure to use the corporate budget as the basis of the forecasted portion of the test year may result in the commission finding that the application is deficient.

(b) The applicant may request, no later than the filing of the application, to file a two-month update to provide actual financial data and significant changes in budgeted data (to be fully documented).

(2) For any alternative rate plan application, regardless of whether the plan is for an increase in rates, the applicant will have the burden of proof to document, justify, and support its plan and shall provide the following information. This additional information is considered to be part of the standard filing requirements for a natural gas company filing an alternative rate plan that is for an increase in rates.

(a) The applicant shall provide a detailed alternative rate plan, which states the facts and grounds upon which the application is based, and which sets forth the plan's elements, transition plans, and other matters as required by these rules. This exhibit shall also state and support the rationale for the initial proposed tariff changes for all impacted natural gas services. The applicant will also identify which section(s) of the Revised Code the application is being filed under and how the application complies with each identified section of the Revised Code.

(b) If the applicant has been authorized to exempt any services, the applicant shall provide a listing of the services which have been exempted, the case number authorizing such exemption, a copy of the approved separation plan(s), and a copy of the approved code(s) of conduct.

(c) The applicant shall provide a detailed discussion of how potential issues concerning cross-subsidization of services have been addressed in the plan.

(d) The applicant shall provide a detailed discussion of how the applicant meets the conditions of division (A) of section 4929.05 of the Revised Code.

(e) The applicant shall submit a list of witnesses sponsoring each of the exhibits in its application.

Last updated October 15, 2024 at 11:21 AM

History

Effective: October 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-19-07 Procedures for alternative rate plan applications.

(A) The following procedures and timelines shall be used to determine the date of acceptance for an application for purposes of calculating the time periods provided in section 4929.07 of the Revised Code. The procedures and timelines are consistent with those contained in chapter II, paragraph (A)(4)(c) of appendix A to rule 4901-7-01 of the Administrative Code, which are used to determine the date of a rate case application's acceptance by the commission.

(1) The commission staff will inform the applicant by letter within thirty calendar days of the date of the original docketing of the application whether the application as originally filed is in technical compliance, is substantially in compliance or fails to substantially comply with the filing requirements. The letter will indicate any defects or deficiencies with the filing requirements.

(2) If the application is in technical compliance, the application shall be deemed to have been filed as of the date the original application was filed.

(3) If the application is in substantial compliance, the applicant shall file its response to the commission staff's letter within fifteen calendar days. The application is considered filed as of the date of the original application if the applicant's response places the application in technical compliance.

(4) If the application does not substantially comply, the application shall be considered as having been filed as of the date upon which the supplemental information rendering the application in technical compliance with the filing requirements was filed.

(B) Commission entry accepting alternative rate plan application.

(1) Within sixty days from the date of the original docketing of the application with the commission, the commission will issue an entry indicating whether the application has complied with the filing requirements. The commission shall consider supplemental information docketed by the applicant in determining the completeness of the filing.

(2) During the processing of the application, the commission may dismiss any application which does not substantially comply with the filing requirements of rule 4901:1-19-06 of the Administrative Code.

(3) Provided the applicant has complied with paragraph (A)(3) of this rule, if the commission issues no entry within sixty calendar days from the date of the original docketing of the application, the application shall be considered in compliance with the filing requirements and as having been filed as of the date of the original docketing of the application for purposes of calculating the time periods provided in section 4929.07 of the Revised Code.

(C) The commission staff will file a written report which addresses, at a minimum, the justness and reasonableness of the proposed alternative rate plan.

(D) At its discretion, the commission may conduct a hearing to consider the application. If the commission, at its discretion, conducts local public hearings, such hearings are subject to the procedural parameters set forth in section 4903.083 of the Revised Code.

(E) Intervention is subject to section 4903.221 of the Revised Code and rule 4901-1-11 of the Administrative Code.

(F) Objections.

(1) Objections must:

(a) Be filed with the commission and served on all parties within thirty calendar days after the filing of the written report by the commission staff.

(b) Specifically designate those portions of the staff report and/or the application that are considered to be objectionable and explain the objection.

(2) Intervenors shall segregate their objections into two areas:

(a) Objections to the staff report for issues discussed in the staff report and any other issues relating to the review of the reasonableness of the proposed alternative rate plan; and

(b) Objections to the applicant's application for issues relating to the applicant's proposed alternative rate plan to the extent the issue was not addressed in the staff report.

(G) Discovery shall be that time period applicable to general rate proceedings pursuant to paragraph (B) of rule 4901-1-17 of the Administrative Code. Any motions or requests to change the timing of discovery shall be fully supported. Except as otherwise provided herein, discovery shall proceed according to Chapter 4901-1 of the Administrative Code.

Last updated October 7, 2024 at 1:04 PM

History

Effective: June 15, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-19-08 Notice of intent to implement the exemption, exit-the-merchant-function plan, or alternative rate plan (or withdraw the application).

(A) Within thirty calendar days after the date of issuance of a commission order granting approval of an exemption, an exit-the-merchant-function plan, or alternative rate plan under section 4929.04 or 4929.05 of the Revised Code, or within twenty calendar days after the issuance of a rehearing entry or the denial by operation of law of an application for rehearing pursuant to section 4903.10 of the Revised Code, whichever is later, the applicant shall either:

(1) File with the commission a notice of the applicant's intention to implement the exemption, exit-the-merchant-function plan, or alternative rate plan as directed by the commission in its order, and a final and redline copy of the applicant's revised rate schedules.

(2) Withdraw the exemption, exit-the-merchant-function plan, or alternative rate plan application if the commission modifies or does not approve the application as filed.

(B) If the applicant files a notice of intent to implement the exemption, exit-the-merchant-function plan, or alternative rate plan as approved by the commission, it shall serve that notice on all parties to the proceeding which authorized the exemption, exit-the-merchant-function plan, or alternative rate plan.

Last updated October 15, 2024 at 11:21 AM

History

Effective: October 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-19-09 Implementation of an exit-the-merchant-function plan.

(A) A natural gas company that has an approved exit-the-merchant-function plan shall continue to supply default commodity sales service for choice-ineligible customers and PIPP-enrolled customers after the natural gas company's choice-eligible customers have been transferred to retail natural gas suppliers pursuant to the approved plan. Natural gas commodity for choice-ineligible customers and PIPP-enrolled customers shall be procured by a competitive procurement process.

(B) A natural gas company that has an approved exit-the-merchant-function plan shall retain the natural gas company's distribution function, including safety, but is not responsible for supplying default commodity sales service to any choice-eligible customer. However, the natural gas company may use best efforts to be the provider of last resort.

Last updated October 7, 2024 at 1:05 PM

History

Effective: June 15, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-19-10 Consumer protection for exemption and exit-the-merchant-function plans.

Retail natural gas suppliers assigned a choice-eligible customer shall:

(A) Not charge that customer any more than the retail natural gas supplier's posted standard variable rate, which the supplier shall submit to the commission and which the commission shall post on its web site.

(B) Not charge that customer a termination fee if the customer chooses another retail natural gas supplier.

(C) Not require that the customer remain a customer of that retail natural gas supplier for a minimum period of time beyond the first month in which that customer is assigned to the retail natural gas supplier.

(D) Keep the assigned customer's personal, billing, account number, and usage information confidential except to the natural gas company with the distribution function or as otherwise provided under commission rules.

Last updated October 7, 2024 at 1:05 PM

History

Effective: June 7, 2019
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-19-11 Abrogation or modification of an order granting an exemption, exit-the-merchant-function plan, or alternative rate plan.

(A) The commission may, upon its own motion or upon the motion of any person adversely affected by an exemption, exit-the-merchant-function plan, or alternative rate plan, including the natural gas company operating under the exemption or plan, and after notice and hearing pursuant to division (A) of section 4929.08 of the Revised Code, modify or abrogate any order granting the exemption, exit-the-merchant-function plan, or alternative rate plan under section 4929.04 or 4929.05 of the Revised Code, where both of the following conditions exist:

(1) The commission determines that the findings upon which the order was based are no longer valid and that the modification or abrogation is in the public interest.

(2) The modification or abrogation is not made more than eight years after the effective date of the order, unless the affected natural gas company consents.

(B) The commission may order such procedures as it deems necessary, consistent with this chapter, in its consideration of whether to modify or abrogate an order granting an exemption, exit-the-merchant-function plan, or alternative rate plan.

(C) If the commission has issued an order approving an exemption under section 4929.04 of the Revised Code, the natural gas company will not be required to provide default commodity sales service through a purchased gas adjustment clause, unless the commission determines that market conditions are not competitive or that the physical supply of natural gas commodity has been compromised by unforeseen circumstances. The commission may issue orders or directives imposing temporary measures necessary for the provision of default commodity sales service and set an expedited hearing on the orders or directives. Any such orders or directives are drawn as narrowly as possible to accomplish the purpose of protecting the public on an interim basis. The commission takes all possible steps to ensure that the temporary measures remain in place only long enough to remedy noncompetitive market conditions or resumption of the ordinary function of the physical supply of natural gas commodity. A natural gas company may request recovery of all costs reasonably incurred by the company in complying with any temporary measures imposed under this chapter.

Last updated October 7, 2024 at 1:05 PM

History

Effective: June 15, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-19-12 Progress reports for alternative rate plans.

The commission may request that an applicant provide progress reports during the term of its authorized alternative rate plan. The commission may order such procedures as it deems necessary, consistent with this chapter, regarding such progress reports, including the frequency, form, and content of such reports.

Last updated October 7, 2024 at 1:05 PM

History

Effective: June 15, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-19-13 Initiation or continuation of an alternative rate plan.

(A) A natural gas company may request approval of an alternative rate plan by filing an application under section 4909.18 of the Revised Code, regardless of whether the application is for an increase in rates.

(B) An alternative rate plan filed by a natural gas company under section 4929.05 of the Revised Code that proposes to initiate 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 commission in the company's most recent rate case proceeding and the plan also establishes, continues, or expands an energy efficiency or energy conservation program.

(C) An alternative rate plan filed by a natural gas company under section 4929.05 of the Revised Code that seeks authorization to continue a previously approved alternative rate plan is considered an application not for an increase in rates. An alternative rate plan that proposes material or substantial changes to a previously approved alternative rate plan is not considered as seeking authorization to continue a previously approved alternative rate plan.

Last updated October 7, 2024 at 1:12 PM

History

Effective: June 15, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-19-14 Compliance provision.

Nothing in these rules limits the ability of the commission and/or its staff to obtain whatever information deemed appropriate to monitor the compliance with a commission order issued under Chapter 4929. of the Revised Code or to carry out the responsibilities of the commission and/or its staff under Title 49 of the Revised Code.

Last updated October 7, 2024 at 1:12 PM

History

Effective: June 7, 2019
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-19-15 Assessment of costs and enforcement.

The commission may, in its discretion, assess the costs of hearing or investigation on a non-consenting applicant or any other party pursuant to section 4903.24 of the Revised Code. On a case-by-case basis, the commission may prescribe such costs, restrictions, or other enforcement measures as it deems necessary for any applicant failing to comply with any of the rules of this chapter.

Last updated October 15, 2024 at 11:28 AM

History

Effective: October 15, 2024
Promulgated Under: 111.15

Chapter 4901:1-21 Competitive Retail Electric Service Providers

Ohio Adm.Code 4901:1-21-01 Definitions.

As used in chapter:

(A) "Aggregation" means combining the electric load of multiple retail customers via an agreement with the customers or formation of a governmental aggregation pursuant to section 4928.20 of the Revised Code for the purpose of purchasing retail electric generation service on an aggregated basis.

(B) "Aggregator" means a person, certified by the commission, who contracts with customers to combine the customers' electric load for the purpose of purchasing retail electric generation service on an aggregated basis.

(C) "Billing and collection agent" has the same meaning as set forth in division (A)(2) of section 4928.01 of the Revised Code.

(D) "Biomass power" means a renewable generation resource that is primarily derived from the combustion of organic matter. Biomass fuels may be solid, liquid, or gas and are derived from feedstocks. Examples of such feedstocks include, but are not limited to: agricultural crops and residues, industrial wood and logging residues, farm animal wastes, the organic portion of municipal solid waste, and methane gas from landfills.

(E) "Commission" means the public utilities commission of Ohio.

(F) "Competitive retail electric service" (CRES) has the same meaning as set forth in division (A)(4) of section 4928.01 of the Revised Code, and includes the services provided by an electric services company, retail electric generation providers, power marketers, power brokers, aggregators, and governmental aggregators.

(G) "Complaint" means any customer/consumer contact when such contact necessitates follow-up by or with the supplier of electric service or electric utility to resolve a point of contention.

(H) "Consumer" means a person who uses CRES.

(I) "Contract" means an agreement between a customer and an electric services company that specifies the terms and conditions for provision of CRES or services.

(J) "Certified electric services company" means a person or entity, under certification by the commission, who supplies or offers to supply CRES. This term does not apply to an electric distribution utility in its provision of standard offer generation service.

(K) "Customer" means a person who contracts with or is solicited by a CRES provider for the provision of CRES.

(L) "Customer energy usage data" means data collected from a customer's meter, which is identifiable to a retail customer.

(M) "Deposit" means a sum of money a CRES provider collects from a customer as a precondition for initiating service.

(N) "Direct solicitation" means face-to-face solicitation of a customer initiated by a certified electric services company at a place other than the normal place of business of the provider.

(O) "Distribution service" means the physical delivery of electricity to consumers through facilities provided by an electric distribution utility.

(P) "Electric cooperative" has the same meaning as set forth in division (A)(5) of section 4928.01 of the Revised Code.

(Q) "Electric distribution utility" has the same meaning as set forth in division (A)(6) of section 4928.01 of the Revised Code.

(R) "Electric generation service" means retail electric generation service.

(S) "Electric utility" has the same meaning as set forth in division (A)(11) of section 4928.01 of the Revised Code.

(T) "Environmental disclosure data" means both generation resource mix and environmental characteristics.

(U) "Governmental aggregation program" means the aggregation program established by the governmental aggregator with a fixed aggregation term, which shall be a period of not less than one year and no more than three years.

(V) "Governmental aggregator" has the same meaning as set forth in division (A)(13) of section 4928.01 of the Revised Code.

(W) "Mercantile customer" has the same meaning as set forth in division (A)(19) of section 4928.01 of the Revised Code.

(X) "Net metering" has the same meaning as set forth in division (A)(31) of section 4928.01 of the Revised Code.

(Y) "OCC" means the Ohio consumers' counsel.

(Z) "Other sources" means known electric energy generation resources that cannot reasonably be included within any of the specific fuel categories.

(AA) "Person" has the same meaning as set forth in division (A)(24) of section 4928.01 of the Revised Code.

(BB) "Postmark" means a mark, including a date, stamped or imprinted on a piece of mail which serves to record the date of its mailing, which in no event can be earlier than the date on which the item is actually deposited in the mail. For electronic mail, postmark means the date the electronic mail was transmitted.

(CC) "Power broker" means a person certified by the commission, who provides power brokerage.

(DD) "Power brokerage" means assuming the contractual and legal responsibility for the sale and/or arrangement for the supply of retail electric generation service to a retail customer in this state without taking title to the electric power supplied.

(EE) "Power marketer" means a person, certified by the commission, who provides power marketing services.

(FF) "Power marketing" means assuming the contractual and legal responsibility for the sale and provision of retail electric generation service to a retail customer in this state and having title to electric power at some point during the transaction.

(GG) "Residential customer" means a customer of a competitive retail electric service for residential purposes.

(HH) "Retail electric service" has the same meaning as set forth in division (A)(27) of section 4928.01 of the Revised Code.

(II) "Retail electric generation service" means the provision of electric power to a retail customer in this state through facilities provided by an electric distribution utility and/or a transmission entity in this state. The term encompasses the services performed by retail electric generation providers, power marketers, and power brokers, but does not encompass the service provided by an electric utility pursuant to section 4928.14 or division (D) of section 4928.35 of the Revised Code.

(JJ) "Small commercial customer" means a commercial customer that is not a mercantile commercial customer.

(KK) "Solicitation" means any communication intended to elicit a customer's agreement to purchase or contract for a CRES.

(LL) "Staff" means the commission staff or its authorized representative.

(MM) "Toll-free" means telephone access provided to a customer without toll charges to the customer.

(NN) "Unknown purchased resources" means electric energy generation resources neither owned nor operated by a competitive retail generation supplier where the electric energy generation source(s) or process cannot be identified after making all reasonable efforts to identify the source or process used to produce the power.

Last updated July 15, 2024 at 8:28 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-02 Purpose and scope.

(A) The rules in this chapter:

(1) Apply to persons offering or providing any retail electric service which has been declared competitive pursuant to section 4928.03 of the Revised Code including retail electric generation, aggregation, power marketing, and power brokerage.

(2) Are intended to:

(a) Provide minimum standards for service quality, safety, and reliability.

(b) Provide consumers with sufficient information to make informed decisions about competitive retail electric service (CRES).

(c) Protect consumers against misleading, deceptive, unfair, and unconscionable acts and practices in the marketing, solicitation, and sale of CRES and in the administration of any contract for that service.

(B) After notice and, if necessary, an opportunity for hearing, the commission may require CRES providers to take any appropriate action necessary to comply with these rules and the state's policy as stated in section 4928.02 of the Revised Code upon:

(1) The commission's own motion.

(2) Formal or informal complaints brought to the commission.

(3) The application of any CRES provider.

(C) The commission may, upon an application or a motion by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown. Any CRES provider requesting a waiver of any requirement in this chapter shall serve notice of the request upon the Ohio consumers' counsel and all electric utilities operating in Ohio.

(D) The rules in this chapter do not relieve CRES providers from complying with all applicable federal, state, and local laws.

(E) The rules in this chapter supersede any inconsistent provisions, terms, and conditions of each CRES provider's contracts or other documents describing service offerings for customers or potential customers in Ohio.

Last updated July 15, 2024 at 8:28 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-03 General provisions.

(A) Competitive retail electric service (CRES) providers shall not engage in unfair, misleading, deceptive, or unconscionable acts or practices related to, without limitation, the following activities:

(1) Marketing, solicitation, or sale of a CRES.

(2) Administration of contracts for CRES.

(3) Provision of CRES, including interactions with consumers.

(B) CRES providers shall not cause or arrange for the disconnection of distribution service, or employ the threat of such actions, as a consequence of contract termination, customer nonpayment, or for any other reason.

(C) CRES providers shall not change or authorize the changing of a customer's supplier of retail electric service without the customer's prior consent, as provided for under rule 4901:1-21-06 of the Administrative Code. For the purpose of procuring CRES, this requirement does not apply to governmental aggregation pursuant to division (A) of section 4928.10 of the Revised Code, or for programs funded by the universal service fund for whom the Ohio development services agency procures electric services pursuant to section 4928.52 of the Revised Code or the assignment of contracts where such assignment occurs in accordance with the rules in Chapter 4901:1-24 of the Administrative Code.

(D) For the purposes of market monitoring and providing the public comparative information from CRES providers' residential contract offers, CRES providers shall furnish in a manner designated by the director of the service monitoring and enforcement department, at least one current offer for posting on the apples-to-apples chart within four calendar days of making such offers to Ohio customers.

Last updated July 31, 2024 at 1:54 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-04 Records and record retention.

(A) Each competitive retail electric service provider shall establish and maintain records and data sufficient to:

(1) Verify its compliance with the requirements of any applicable commission rules.

(2) Support any investigation of customer complaints.

(B) Unless otherwise prescribed in this chapter, all such records should be retained for no less than two years.

(C) Unless otherwise prescribed by the commission or its authorized representatives, all such records shall be provided to the staff within three business days of its request.

Last updated July 15, 2024 at 8:29 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-05 Marketing, solicitation, and customer information.

(A) Each competitive retail electric service (CRES) provider that offers retail electric generation service to residential or small commercial customers shall provide, in marketing materials that include or accompany a service contract, sufficient information for customers to make intelligent cost comparisons against offers they receive from other CRES providers.

Offers shall at a minimum include:

(1) For fixed-rate offers, the cost per kilowatt hour for generation service and, if applicable, transmission service.

(2) For per cent-off discounted rates, an explanation of the discount and the basis on which any discount is calculated.

(3) For variable rate offers, a clear and understandable explanation of the factors that will cause the price to vary, including any related indices, and how often the price can change.

(4) For flat-monthly rate offers, a specific listing of the rate to be charged per month for the duration of the contract.

(5) The amount of any other recurring or nonrecurring CRES provider charges.

(6) A statement that the customer will incur additional service and delivery charges from the electric utility.

(7) A statement of any contract contingencies or conditions precedent.

(B) No CRES provider may engage in marketing, solicitation, or sales acts, or practices which are unfair, misleading, deceptive, or unconscionable in the marketing, solicitation, or sale of a CRES. Such unfair, misleading, deceptive, or unconscionable acts or practices include, but are not limited to, the following:

(1) Soliciting customers to enroll at either of the following times:

(a) After suspension, rescission, or conditional rescission of its certification by the commission.

(b) After denial of certification renewal by the commission.

(2) Failing to comply with paragraph (A) or (B) of this rule.

(3) Failing to provide in or with its advertisements and promotional materials that make an offer for sale, a toll-free telephone number (and address for printed materials) which the potential customer may call or write to request detailed information regarding the price, terms, conditions, limitations, restrictions, and, if applicable, environmental characteristics of the service offered.

(4) Soliciting via telephone calls initiated by the CRES provider (or its agent) without first taking both of the following actions:

(a) Obtaining the list of Ohio individuals who have requested to be placed on the federal trade commission's "do not call" registry by the appropriate area code.

(b) Obtaining monthly updates of the federal trade commission's "do not call" registry for the appropriate area code.

(5) Engaging in telephone solicitation of individuals who have been placed on the federal trade commission's "do not call" registry and who are not otherwise exempted.

(6) Engaging in telephone solicitation to residential customers either before nine a.m. or after nine p.m.

(7) Engaging in direct solicitation to residential customers where the CRES provider's sales agent fails to wear and display a valid CRES provider photo identification. The format for this identification shall be preapproved by the staff.

(8) Advertising or marketing offers that:

(a) Claim that a specific price advantage, savings, or guarantee exists if it does not.

(b) Claim to provide a CRES when such an offer is not a bona fide offer to sell such services.

(c) Offer a fixed price for CRES without disclosing the cost per kilowatt hour and all recurring and nonrecurring charges.

(d) Offer a variable price for CRES without disclosing all recurring and nonrecurring charges.

(e) Fail to disclose all material limitations, exclusions, contract contingencies, conditions precedent and offer expiration dates.

(f) Offer a variable price for competitive retail electric service that is not based on verifiable factors.

(g) Fail to conspicuously disclose an affiliate relationship with an existing Ohio electric utility.

(h) Lead the customer to believe that the CRES provider is soliciting on behalf of or is an agent of an Ohio electric utility when no such relationship exists.

(9) Marketing, advertising, or claiming that the environmental characteristics of any generation service energy source(s) provide an environmental advantage that does not exist.

(10) Engaging in any solicitation that will lead the customer to believe that the CRES provider is soliciting on behalf of or is an agent of any entity other than the CRES provider.

(11) Engaging in direct solicitation to customers without complying with all applicable ordinances and laws of the customer's jurisdiction.

(C) CRES providers shall perform criminal background checks on all employees and agents engaged in door-to-door marketing and enrollment. The criminal background check shall be done by an independent contractor and the CRES provider shall confirm that the independent contractor has performed a comprehensive criminal background check on its employees or agents in accordance with this rule.

(D) In the absence of local ordinances or regulations and to ensure the safety of all involved, CRES providers, and their agents shall not conduct door-to-door marketing, solicitation, or enrollment outside the hours of nine a.m. to seven p.m.

Last updated July 15, 2024 at 8:29 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-06 Customer enrollment and consent.

(A) Except as provided in paragraph (B) of this rule, competitive retail electric service (CRES) providers shall coordinate customer enrollment with the electric utility in accordance with the procedures set forth in the applicable electric utility tariff. Enrollment requests submitted to the electric utility must contain customer account information, unless the utility's tariff authorizes the use of alternative information for enrollment purposes. CRES providers must use a version of an eligible-customer list, as prescribed in paragraph (F) of rule 4901:1-10-29 of the Administrative Code, made available within the last twelve months, unless otherwise stated in the electric utility's tariff, when marketing to and enrolling customers.

(B) Percentage of income payment plan (PIPP) customers will be coordinated exclusively by the Ohio development services agency pursuant to section 4928.54 of the Revised Code.

(1) CRES providers are prohibited from knowingly enrolling PIPP and arrearage crediting program customers.

(2) Customers pending enrollment with a CRES provider who subsequently become approved for PIPP or the electric utility's arrearage crediting program shall not be switched to the CRES provider.

(3) Electric utility customers who have switched to a CRES provider and subsequently become approved for the electric utility's arrearage crediting program shall be transferred to the electric utility's standard offer service at the next regularly scheduled meter read date after the electric utility enrolls the customer in the program.

(4) Until the Ohio development services agency has in place a mechanism for the administration and operation of the low-income customer assistance programs, customers who have switched to a CRES provider and subsequently become approved for PIPP shall be transferred to the electric utility's standard offer service at the next regularly scheduled meter read date after the electric utility receives notice of the customer's participation in PIPP. Such customers shall not be assessed switching fees.

(5) When the host electric utility is not purchasing the receivables of the affected CRES provider, the CRES provider shall submit to the host electric utility the pre-PIPP arrearages for the PIPP participant within sixty calendar days of the customer's transfer to the electric utility's standard offer service or the Ohio development services agency's selected CRES provider pursuant to section 4928.54 of the Revised Code.

(C) CRES providers are prohibited from enrolling potential customers without their consent and proof of that consent as delineated in paragraph (E) of this rule. This requirement does not apply to automatic governmental aggregation pursuant to division (A) of section 4928.20 of the Revised Code and PIPP customers who will be coordinated exclusively by the Ohio development services agency pursuant to section 4928.54 of the Revised Code.

(D) CRES providers must verify customer's identity at the time of enrollment and must maintain proof of verification. The following forms of identification may be used to verify a customer's identity:

(1) "Customer account information," as that term is defined in division (A) of section 4928.103 of the Revised Code;

(2) A valid form of government-issued identification issued to the customer; or

(3) A sufficient alternative form of identification that allows the CRES provider to establish the customer's identity accurately.

(E) Residential and small commercial enrollment.

(1) Mailings, facsimiles, and direct solicitation.

(a) Where enrollment occurs by direct solicitation, as proof of verification required under paragraph (D) of this rule, CRES providers must obtain the customer's signature acknowledging such verification occurred and must indicate which of the three types of forms of identification acceptable under paragraphs (D)(1), (D)(2), and (D)(3) of this rule was used for verification.

(b) Where enrollment occurs by mail, facsimile, or direct solicitation, the customer's signature on a contract shall constitute consent.

(c) Consistent with rule 4901:1-21-05 of the Administrative Code, prior to entering into a contract for service, CRES providers shall provide each customer with enrollment documents that contain, at a minimum, understandable pricing, the terms and conditions of service, the dollar amount of all recurring and nonrecurring charges (including any fees for early termination of the contract), the applicable generation resource mix and environmental characteristics, and the duration of the contract.

(d) Before obtaining a signature from the applicant, CRES providers shall provide each customer a reasonable opportunity to read all enrollment documents and shall answer any and all questions posed by any applicant about information contained in the documents.

(e) Immediately upon obtaining the customer's signature, CRES providers shall provide the applicant a legible copy of the signed contract. This provision does not apply to direct mail enrollments where the CRES provider has already provided the customer with a separate, complete copy of the terms and conditions for the customer's records. The copy of the terms and conditions must be identical to the signed copy returned by the customer and include a matching version number.

(f) Where enrollment occurs by direct solicitation, customers shall be advised both verbally and in the contract that: (i) the electric utility will be sending a confirmation notice of the transfer of service; (ii) they are allowed seven calendar days to rescind the contract; and, (iii) the customer must contact the electric utility to rescind the contract.

(g) The CRES provider shall not initiate the switch of a customer's electric service with the electric utility prior to the completion of the enrollment transaction with the customer.

(h) The CRES provider shall send an electronic enrollment request to the electric utility within three business days following completion of the enrollment transaction with the customer, unless a later start date is agreed to in the contract.

(i) CRES providers conducting contract sales to residential customers through door-to-door solicitation shall provide for independent third-party verification (TPV) to ensure the validity of the enrollment prior to submission to the electric utility. The TPV shall be conducted in accordance with paragraph (E)(2)(a) of rule 4901:1-21-06 of the Administrative Code, excluding paragraph (E)(2)(a)(vi) of rule 4901:1-21-06 of the Administrative Code and the process shall include the following:

(i) The sales agent shall contact the party responsible for the TPV at the conclusion of the sales transaction and provide the necessary contract tracking information to initiate the TPV process.

(ii) The independent third-party verifier must confirm with the customer that the sales agent has left the property of the customer. The sales agent is not to return before, during, or after the TPV process.

(iii) The independent third-party verifier shall structure the TPV interview to give the customer adequate time to respond to questions and shall not lead the customer in their response.

(iv) The CRES provider must retain the audio recording of the customer's enrollment for one year after the contract with the customer is terminated.

(j) Terms and conditions print specifications

The terms and conditions must be provided to the residential customer at the time of sale. Paper copies of terms and conditions must be printed in dark ink on white or pastel paper and be ten-point type or greater. Electronic copies of the signed contract may be provided in the following conditions:

(i) The customer has agreed to receive an electronic copy of the contract and provides his/her electronic mail address.

(ii) The TPV conducted in accordance with paragraph (E)(1)(i) of this rule shall include a verbal statement and the customer's acknowledgment that the customer consents to receive a copy of the terms and conditions via electronic mail.

(iii) The customer is offered an unsigned paper copy which includes a version number that matches the signed electronic copy.

(iv) The terms and conditions are electronically mailed to the customer at the time of sale.

(v) The CRES provider shall provide a mechanism by which both the submission and receipt of the electronic terms and conditions are recorded by time and date.

(k) The representative of a CRES provider shall leave the premises of a customer when requested to do so by the customer or the owner or occupants of the premises.

(l) CRES providers shall remove a customer's name from the marketing/sales database upon the customer's request.

(2) Telephonic enrollment

(a) To enroll a residential or small commercial customer telephonically, a CRES provider shall make a date and time stamped audio recording verifying before the completion of the telephone call, at a minimum, all of the following:

(i) The CRES provider's or independent third-party verifier's identity and the exact purpose of the call.

(ii) A verbal statement and the customer's acknowledgement that the call is being recorded.

(iii) A verbal statement and the customer's acknowledgement that the CRES provider is not the customer's current electric utility company and that the customer may choose to remain with the electric utility company or enroll with another CRES provider.

(iv) A verbal question and the customer's acknowledgement that the customer wishes to enroll with the provider.

(v) A verbal question and the customer's acknowledgement that the customer is the customer of record at the customer's electric utility or is authorized to switch providers by the customer of record.

(vi) In accordance with rule 4901:1-21-12 of the Administrative Code, a verbal statement and the customer's acceptance of each of the principal terms and conditions for the service that will be provided, including, but not limited to, all of the following:

(a) The service(s) that will be provided.

(b) The price.

(d) An approximate service commencement date.

(e) The contract termination date, and any fees for customer cancellation prior to such date.

(f) Any material limitations, exclusions, contract contingencies, or conditions precedent.

(g) Any fees or costs to the customer.

(h) Whether or not the CRES provider offers budget billing for the generation portion of the bill.

(i) If applicable, whether the provider will perform a credit check and require a deposit, including the amount.

(j) Who will bill for the provider's service(s).

(vii) A verbal statement and the customer's acknowledgement that the provider will, within one business day, send the customer a written contract that details the terms and conditions that were summarized in the telephone call.

(viii) A verbal statement and the customer's acknowledgement that the customer has seven calendar days from the postmark date of the electric utility's confirmation notice to cancel the contract without penalty and a reminder that the electric utility will give the customer a cancellation number to confirm any cancellation of the contract during the cancellation period.

(ix) A toll-free telephone number the customer can call to cancel the contract.

(x) If applicable, a verbal request for and the customer's provision of the customer's account information, as defined in division (A) of section 4928.103 of the Revised Code.

(xi) A verbal request for and the customer's provision of the customer's mailing address.

(xii) A unique enrollment confirmation number.

(b) Following telephonic enrollment, the CRES provider shall comply with all of the following:

(i) Within one business day, send the customer a written contract that details the terms and conditions summarized in the telephone call and the generation resource mix and environmental characteristics information pursuant to rule 4901:1-21-09 of the Administrative Code. Such contract shall in no way alter the terms and conditions to which the customer agreed in the telephone call.

(ii) Retain the audio recording of the customer's enrollment for one year after the contract with the customer is terminated.

(iii) Provide a copy of the audio recording to the customer within three business days of a request.

(c) The CRES provider shall send an electronic enrollment request to the electric utility no sooner than three business days and no later than five business days after sending the customer the written contract, unless a later start date is agreed to in the contract.

(d) The CRES provider shall not initiate the switch of a customer's electric service with the electric utility prior to the completion of the enrollment transaction with the customer.

(e) If a CRES provider during a telephone enrollment engages an electric utility on a three-way call, the CRES provider shall immediately disclose they are present on the call with the customer.

(3) Internet enrollment.

(a) Where enrollment occurs by internet, prior consent shall be obtained by encrypted customer input on a provider's internet web site.

(b) The internet enrollment web site shall, at a minimum, include all of the following:

(i) A copy of the CRES provider's customer contract with all terms and conditions as set forth in rule 4901:1-21-12 of the Administrative Code.

(ii) A conspicuous statement, within the body of the electronic version of the contract, that residential and small commercial customers may cancel their enrollment within seven calendar days following a confirmation notice from the electric utility.

(iii) A statement that the electric utility will be sending a confirmation notice of the transfer of service and that the customer should contact the electric utility to rescind the contract and a reminder that the electric utility will give the customer a cancellation number to confirm any cancellation of the contract during the cancellation period.

(iv) A conspicuous prompt for the customer to print or save a copy of the contract.

(c) The CRES provider shall not initiate the switch of a customer's electric service with the electric utility prior to the completion of the enrollment transaction with the customer.

(d) The CRES provider shall send an electronic enrollment request to the electric utility within three business days following completion of the enrollment transaction with the customer, unless a later start date is agreed to in the contract.

(e) Any electronic version of the contract shall be identified by version number, in order to ensure the ability to verify the particular contract to which the customer assents.

(f) Throughout the duration of the contract, the CRES provider shall retain and, within three business days of the customer's request, provide to the customer an electronic mail message, paper copy, or facsimile of the terms and conditions of the numbered contract version to which the customer assents.

(g) The CRES provider shall require the customer to complete an electronic customer consent form in a format retrievable by the CRES provider that includes the following:

(i) The customer's agreement to the terms and conditions.

(ii) An electronic agreement version number.

(iii) The name of the CRES provider.

(iv) The date the customer electronically enrolled.

(v) The name of the account holder.

(vi) The electric utility account number or other customer identification number provided by the electric utility and used for customer choice purposes.

(vii) The account holder's U.S. mailing address.

(h) The CRES provider shall provide a mechanism by which both the submission and receipt of the electronic customer consent form are recorded by time and date.

(i) After the customer completes the electronic customer consent form, the internet enrollment process shall disclose conspicuously that the customer has been enrolled and the CRES provider shall provide the customer a unique enrollment confirmation number.

(F) In customer enrollment, if the electric distribution utility rejects a customer from enrollment, the CRES provider shall notify the customer within five business days from the electric distribution company's notification of rejection that the customer will not be enrolled or enrollment will be delayed, along with the reason(s) therefor.

Last updated October 5, 2026 at 9:12 AM

History

Effective: October 5, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-07 Credit and deposits.

(A) Each competitive retail electric service (CRES) provider must establish reasonable and nondiscriminatory creditworthiness standards and may require a deposit or other reasonable demonstration of creditworthiness from a customer as a condition of providing service.

(B) In the application of such standards, deposits, or creditworthiness procedures, the CRES provider shall:

(1) Disclose in service contracts with customers its policies regarding creditworthiness and deposits, including the amount of any deposit, the allocation of the deposit, and the return of any deposit balance.

(2) Accept a reasonable and nondiscriminatory cash deposit as sufficient evidence of the customer's creditworthiness to initiate service.

(3) Disclose whether interest will be paid on deposits, and the applicable rate of interest.

(4) Provide the customer a receipt for any deposit within ten business days of the date that the deposit is collected.

(5) Return the deposit within seven business days if the customer cancels the contract during the rescission period.

(6) Apply the deposit to the final bill and promptly refund any excess to the customer when service is terminated.

(7) Not require an applicant to pay the balance due another CRES provider as a condition of establishing credit or providing competitive retail electric service.

Last updated July 31, 2024 at 1:54 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-08 Customer access, slamming complaints, and complaint handling procedures.

(A) Customer access

(1) Each competitive retail electric service (CRES) provider shall ensure customers reasonable access to its service representatives to make inquiries and complaints, discuss charges on customer bills, terminate competitive service, and transact any other pertinent business.

(2) Telephone access shall be toll-free or local, and afford customers prompt answer times during normal business hours.

(3) Each CRES provider shall provide a twenty-four hour automated telephone message instructing callers to report any service interruptions or electrical emergencies to their electric utility.

(B) Customer complaints

(1) Each CRES provider shall investigate customer complaints (including customer complaints referred by the electric utility) and provide a status report within three business days following receipt of the complaint to:

(a) The customer, when the complaint is made directly to the CRES provider.

(b) The customer and staff, when a complaint is referred to the CRES provider by the staff.

(2) If an investigation is not completed within ten business days, the CRES provider shall provide status reports, either orally or in writing, to the customer, or if applicable, to the customer and staff. Such status reports shall be provided at three business-day intervals until the investigation is complete, unless agreed to otherwise.

(3) The CRES provider shall inform the customer, or the customer and staff, of the results of the investigation, orally or in writing, no later than three business days after completion of the investigation. The customer or staff may request the report in writing.

(4) If a residential or small commercial customer disputes the CRES provider's report, the CRES provider shall inform the customer that the staff is available to help resolve informal complaints. The CRES provider shall provide the consumer with the current address, the toll-free number of the commission's call center, the telephone number through which hearing and speech impaired customers may contact the commission, and the commission's website.

(5) Each CRES provider shall retain records of customer complaints, investigations, and complaint resolutions for one year after the occurrence of such complaints.

(6) Each CRES provider shall make good faith efforts to resolve disputes, and cooperate with the resolution of any joint issues with the electric utility.

(1) A slamming complaint is a customer's allegation that the customer's supplier of electric service has been switched without the customer's authorization.

(2) If a customer contacts the CRES provider alleging that the customer's supplier has been switched without the customer's authorization, the CRES provider shall take the following actions:

(a) Provide the customer with the enrollment information contained in its records.

(b) Refer the customer to the commission and provide the customer with the commission's current address, the toll-free number of the commission's call center, the telephone number through which hearing and speech impaired customers may contact the commission, and the commission's website.

(c) Cooperate with staff in any subsequent investigations of the slamming complaint, including assisting staff in determining the amount of any restitution owed to the customer pursuant to paragraph (C)(5) of this rule if the customer was switched without authorization from the customer's supplier of electric service.

(3) If a customer initiates a slamming complaint with staff within thirty calendar days after being issued a bill from the alleged slammer, the customer shall not be required to pay the current charges assessed by the alleged slammer until the staff determines that the change in the customer's electric service provider was authorized.

(4) Except as provided in rules 4901:1-21-16 and 4901:1-21-17 of the Administrative Code, if the CRES provider cannot produce valid documents confirming that the customer authorized the switch, there shall be a rebuttable presumption that the customer was switched without authorization. Such documents shall include one of the following, in conformance with the requirements of rule 4901:1-21-06 of the Administrative Code:

(a) A signed contract, in the case of direct enrollment.

(b) An audio recording, in the case of telephonic enrollment.

(5) If staff determines that the customer was switched without authorization, the CRES provider responsible for initiating the switch shall by the end of the succeeding billing period following the customer's return to the correct supplier of electric service, take all three of the following actions:

(a) Credit or refund to the customer any fees previously charged for switching the customer to and from the correct supplier of electric service.

(b) Either of the two following actions:

(i) If reported to staff within the thirty calendar days after being issued a bill from the alleged slammer, absolve the customer of any liability for charges assessed by the slamming CRES provider to the customer and refund to the customer any charges collected from the customer.

(ii) If reported to staff more than thirty calendar days after being issued a bill from the alleged slammer, credit the customer any fees the slamming CRES provider charged in excess of the amount the customer would have paid its previous supplier of electric service for the same usage.

(c) If the customer can not be returned to the original contract terms with its previous supplier of electric service, the slamming CRES provider shall credit or refund to the customer the value of the customer's contract with the customer's previous supplier of electric service for the remaining term of the contract immediately prior to the slam.

(6) In the event the customer was switched without authorization, the customer's previous CRES provider shall take all of the following actions:

(a) Re-enroll the customer without penalty under such customer's original contract price and terms, including substantially similar inducements to enter such contract. If the original CRES provider is unable to return the customer to the original contract price, the original CRES provider may enroll the customer in a new contract pursuant to the provisions of rule 4901:1-21-06 of the Administrative Code, or the customer may select a new CRES provider, or return to the electric utility's standard offer service.

(b) Issue the customer a credit on the first bill following the customer's re-enrollment, for any exit fees previously charged the customer as a result of the unauthorized switch, or directly reimburse the customer for such fees.

(7) If staff informs the CRES provider that a customer was switched without the customer's authorization, the CRES provider that improperly initiated the switch shall within thirty calendar days reimburse the prior CRES provider and the electric utility for any reasonable incremental costs incurred by them to correct the unauthorized switch.

(8) If staff determines that a customer's service was switched without the customer's authorization, staff will notify the electric utility of such determination. After such notification, and if the electric utility is not at fault, the electric utility may then seek reimbursement from the CRES provider that improperly initiated the switch for any incremental costs incurred by the electric utility to correct the unauthorized switch including any switching fees. The electric utility shall provide the CRES provider an itemized list of any such incremental costs.

(9) If correcting an unauthorized switch involves returning the customer to its previous CRES provider, the electric utility shall make the corrective switch at the next regularly scheduled meter reading date following receipt of the enrollment request from the previous CRES provider. Such corrective switch shall be made in accordance with the electric utility's normal practices and procedures for switching customers, except that the electric utility shall not charge or shall credit to the customer any switching fees and the electric utility is not required to issue the customer the notice mentioned in paragraph (F)(1) of rule 4901:1-10-29 of the Administrative Code.

(10) If correcting an unauthorized switch involves returning the customer to the electric utility's standard offer service, the electric utility shall make the corrective switch at the next regularly scheduled meter reading date in accordance with the electric utility's normal practices and procedures for switching customers, except that the electric utility shall not charge or shall credit to the customer any switching fees and that the electric utility is not required to issue the customer the notice mentioned in paragraph (F)(1) of rule 4901:1-10-29 of the Administrative Code.

(11) If, as part of correcting an unauthorized switch, a customer who was taking standard offer service from the electric utility at the time of the unauthorized switch is returned to standard offer service, the customer shall not be subject to any minimum stay or other commission-approved alternative for returning customers, unless the customer would have been subject to such a requirement had the unauthorized switch not occurred.

(12) If the electric utility switches a CRES provider's customer to the electric utility's standard offer service without authorization by the customer, without the authorization of the appropriate CRES provider or pursuant to a commission order, the electric utility shall take all of the following actions:

(a) Not charge, or shall credit the customer, any switching fees and shall return the customer to the previous CRES provider, making the corrective switch at the next regularly scheduled meter reading date following receipt of the enrollment request from the previous CRES provider.

(b) By the next billing cycle, take all three of the following actions:

(i) Credit or refund to the customer any fees previously charged for switching the customer to the CRES provider.

(ii) Either of the two following actions:

(a) If reported to staff within thirty calendar days after being issued a bill by the alleged slammer, absolve the customer of any liability for any charges assessed by the slamming electric utility to the customer and refund to the customer any charges collected from the customer.

(b) If reported to staff more than thirty calendar days after being issued a bill by the alleged slammer, credit the customer any fees the slamming electric utility charged in excess of the amount the customer would have paid its previous CRES provider for the same usage.

(iii) If the customer can not be returned to the original contract terms with its previous CRES provider, the slamming electric utility shall credit or refund to the customer, the value of the customer's contract with the customer's previous supplier of electric service for the remaining term of the contract immediately prior to the slam.

(c) Reimburse the CRES provider for any incremental costs incurred by the CRES provider to correct the unauthorized switch, within thirty calendar days of receiving an itemized invoice of the incurred incremental costs.

Last updated July 15, 2024 at 8:33 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-09 Environmental disclosure.

(A) This rule establishes a process by which customers are assured of receiving information, in a timely and consistent manner, concerning the approximate retail electric generation resource mix and environmental characteristics associated with electrical power offered in Ohio's competitive marketplace.

(B) This rule applies to all competitive retail electric service (CRES) providers of retail electric generation service. CRES providers offering or providing more than one contract for power supplies shall disclose the appropriate generation resource mix and environmental characteristics for each such contract.

(1) Contents of environmental disclosure data shall include:

(a) Approximate generation resource mix, which consists of the following:

CRES providers shall specifically identify each of the following generation sources used in their generation of power: biomass power, coal-fired power, hydro power, natural gas-fired power, nuclear power, oil-fired power, other sources, solar power, and wind power.

CRES providers shall exercise all reasonable efforts to identify the power source or resources used to generate the power in question and maintain documentation sufficient to demonstrate the steps taken to make such identification.

(b) Environmental characteristics, which consists of the following:

CRES providers shall report the environmental characteristics typically associated with the generation of power being offered under each supply contract.

CRES providers shall also report the air emissions of nitrogen oxides, sulfur dioxide, and carbon dioxide associated with the generation of power being offered under the supply contract.

In addition, CRES providers shall report the generation of high- and low-level radioactive waste associated with the power being offered under the supply contract.

(2) Methodology for determining environmental disclosure data shall include:

(a) At the time of certification, CRES providers shall submit for commission review their proposed methodology for determining their environmental disclosure data.

(b) The actual environmental disclosure data, to be provided quarterly, shall be verifiable. CRES providers shall maintain documentation sufficient to demonstrate the accuracy of the actual environmental disclosure data.

(c) When calculating the generation resource mix, the CRES provider shall assume that purchased energy has the same generation resource mix as the regional generation resource mix for the twelve-month period of June first to May thirty-first, as provided by the CRES provider's regional transmission organization or independent system operator.

(3) Each CRES provider shall submit to staff for its review and approval a proposal for incorporating the use of any renewable energy credits (RECs) into its annual and quarterly environmental disclosures. The proposal should include statements, when applicable, showing:

(a) That the CRES provider sold RECs from one of its electric generating facilities.

(b) That the CRES provider purchased RECs as a means of complying, in part or whole, with a renewable energy resource benchmark under the state's alternative energy portfolio standard requirements.

(c) Whether the CRES provider complied with the renewable energy resource benchmark under the state's alternative energy portfolio standard requirements.

(4) Timing for disclosing environmental data:

(a) Certified CRES providers shall annually project their environmental disclosure data for the current calendar year.

(b) Certified CRES providers shall make quarterly comparisons of actual to projected environmental disclosure data.

(c) In order to comply with the above directives, each certified CRES provider should disclose such data each year according to the following schedule:

January - disclose projected data for current calendar year.

March - disclose actual data for the prior calendar year, compared to projected data for prior calendar year.

June - disclose actual data for the period January through March of current year, compared to projected data for current calendar year.

September - disclose actual data for the period January through June of current year, compared to projected data for current calendar year.

December - disclose actual data for the period January through September of current year, compared to projected data for current calendar year.

(D) Environmental disclosure to customers shall include:

(1) Content:

Each customer shall receive environmental disclosure data, as detailed in paragraph (C) of this rule.

(2) Format:

The environmental disclosure data shall be provided in a standardized format to facilitate comparisons by customers and should be disclosed in not less than ten-point type. The presentation of this data shall comply with each of the following requirements:

(a) A pie chart illustrating on a percentage basis the various generation resources, as detailed in paragraph (C)(1)(a) of this rule, used in the generation of the power offered under the contract. The percentages shall be rounded to the nearest one-half per cent. The pie chart shall include the use of shading and labels, instead of colors, to more clearly communicate the information as set forth in appendices A and B to this rule. To the extent the pie chart included in appendices A and B to this rule cannot be replicated, CRES providers should exercise reasonable efforts to simulate the required shading to the extent possible.

(b) A table illustrating the typical environmental characteristics associated with the generation resource categories detailed in paragraph (C)(1)(a) of this rule.

The general categories and assumptions to be depicted in the table are as follows:

Biomass power - results in air emissions and solid waste.

Coal-fired power - results in air emissions and solid waste.

Hydro power - results in wildlife impacts.

Natural gas-fired power - results in air emissions and solid waste.

Nuclear power - results in radioactive waste.

Oil-fired power - results in air emissions and solid waste.

Other sources - results in unknown impacts.

Solar power - results in no significant impacts.

Wind power - results in wildlife impacts.

(c) A bar chart presenting the product-specific air emissions, along with a regional average emission reference. The product-specific emission rates shall appear as a percentage of the average regional emission rate for each of the three types of air emissions, with percentages being calculated from comparison of product-specific and average regional emission rates on a basis of pounds emitted per megawatt hour.

(d) The figures reflecting the generation of radioactive wastes shall be presented in a table. High-level radioactive waste shall be reported in pounds per one thousand kilowatt hour (kWh), while low-level radioactive waste is to be reported in cubic feet per one thousand kWh. Any radioactive waste greater than zero but less than ".0001" shall be depicted as <0.0001.

For use in the implementation of this rule, the following definitions will apply:

High-level radioactive waste - means nuclear fuel that has been removed from a nuclear reactor.

Low-level radioactive waste - means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in section 11(E)(2) of the "Atomic Energy Act of 1954," 68 Stat. 921, 42 U.S.C. 2014(e)(2), as amended by the Price-Anderson Amendments Act of 2005, 119 Stat. 779.

(e) The annual projection of approximate generation resource mix and environmental characteristics should appear as depicted in the example provided in appendix A to this rule. The regional average data, if available, will be updated by the commission by December first of each year or as conditions warrant. The quarterly comparisons of actual environmental disclosure data to projected environmental disclosure data, comprised of data specific to the power offered under the contract, should appear as depicted in the example provided in appendix B to this rule.

(f) Each CRES provider shall maintain records detailing the magnitude of each environmental characteristic associated with the power offered under the contract, with such details being provided to customers upon request and may be included on a CRES provider's website.

(g) A CRES provider may include other information that it feels is relevant to the required environmental disclosure data, provided this additional information is distinctly separated from the required information and the accuracy of any additional information may be readily verified with sufficient documentation.

(3) Timing:

(a) Annual projection.

The CRES provider, at its election, shall either post on its website or mail a printed copy to each customer under contract, its most recent projection of environmental disclosure data, consistent with the schedule presented in paragraph (C)(4) of this rule and the format depicted by appendix A to this rule.

(b) Quarterly comparisons of actual to projected data.

The comparison of actual to projected environmental disclosure data shall be provided to customers on a quarterly basis, consistent with both the schedule presented in paragraph (C)(4) of this rule and the format depicted by appendix B to this rule.

These items will be disclosed to customers via the CRES provider's website, bill inserts, or by separate mailing.

(E)

Any annual projection and quarterly comparisons of environmental disclsure data provided to staff should be identical in content and format to that provided to customers.

(F) The generation resource mix disclosed pursuant to this rule should not be used as an indicator of the CRES provider's compliance with section 4928.64 of the Revised Code.

Last updated July 15, 2024 at 8:34 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-10 Customer information.

(A) Upon customer request and if the competitive retail electric service (CRES) provider possesses such information, a CRES provider shall timely provide to the customer, no more than twice within a twelve-month period, up to twenty-four months of the customer's payment history without charge.

(B) CRES providers shall not disclose a customer's account number without the customer's consent and proof of that consent as delineated in paragraph (E) of this rule, or appropriate order, except for the following purposes:

(1) A CRES provider's collections and credit reporting activities.

(2) Participation in programs funded by the universal service fund, pursuant to section 4928.52 of the Revised Code, such as the percentage of income payment plan programs.

(3) Governmental aggregation, pursuant to section 4928.20 of the Revised Code.

(4) Assignment of a customer contract to another CRES provider.

The CRES provider must use the consent form set forth in paragraph (D) of this rule unless authorization is obtained electronically.

(C) CRES providers shall not disclose a customer's social security number without the customer's written consent as delineated in paragraph (E) of this rule, or a court order, except for the following purposes:

(1) A CRES provider's own credit evaluation.

(2) Electric utility's or CRES provider's own collection and/or credit reporting.

(3) Participation in programs funded by the universal service fund, pursuant to section 4928.52 of the Revised Code, such as the percentage of income payment plan programs.

(4) Assignment of a customer contract to another CRES provider.

(D) CRES providers shall not disclose a customer's energy usage data that is more granular than the monthly historical consumption data, provided in paragraph (E)(1) of rule 4901:1-10-29 of the Administrative Code, without the customer's written consent as delineated in paragraph (E)(1) of this rule, or appropriate order.

(E) Customer information release consent format.

(1) Written consent shall be on a separate piece of paper, be clearly identified on its face as a release of personal information and all text appearing on the consent form shall be in at least sixteen-point type. The following statement should appear prominently on the consent form, just prior to the signature, in type darker and larger than the type in surrounding sentences: "I realize that under the rules and regulations of the public utilities commission of Ohio, I may refuse to allow (name of the CRES provider) to release the information set forth above. By my signature, I freely give (name of the CRES provider) permission to release the information designated above." The written consent form for the release of customer energy usage data shall specify the identity of any recipients of the data, type and granularity of the data being collected, and uses for which the data is being collected. Forms requiring a customer to circle or to check off preprinted types of information to be released may not be used.

(2) Electronic consent shall be in a substantially similar format to the written consent in paragraph (E)(1) of this rule. The following statement shall appear prominently: "I realize that under the rules and regulations of the public utilities commission of Ohio, I may refuse to allow (name of the CRES provider) to release the information set forth above. By providing my electronic signature, I freely give (name of electric utility) permission to release the information designated above."

Last updated July 15, 2024 at 8:34 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-11 Contract administration.

(A) Competitive retail electric service (CRES) providers, except automatic governmental aggregation pursuant to division (A) of section 4928.20 of the Revised Code, and percentage of income payment plan customers for whom the Ohio development services agency procures electric services pursuant to section 4928.52 of the Revised Code, shall arrange for the provision of competitive retail electric service by contracting with their customers. In their administration of such contracts, CRES providers are prohibited from engaging in unfair, deceptive, misleading, and unconscionable acts and practices.

(B) CRES providers shall arrange for the provision of CRES to residential and small commercial customers in compliance with rule 4901:1-21-06 of the Administrative Code.

(C) CRES providers shall maintain copies of individual customer contracts for no less than two years after each such contract terminates. Copies may be saved in electronic formats if such preserves the image of the original signatures on signed documents.

(D) In its administration of residential and small commercial contracts, a CRES provider shall also comply with the following requirements:

(1) A CRES provider shall not assign customer contract(s) to another CRES provider without:

(a) Providing a minimum of fourteen calendar days written notice to the director of the service monitoring and enforcement department or the director's designee and any affected electric utility before the contract assignment, with such notice including:

(i) The name of the CRES provider to whom the contracts will be assigned.

(ii) The type of contracts to be assigned (i.e., residential, small commercial).

(iii) The number of contracts to be assigned.

(iv) The electric utility service territories involved.

(v) The date of the proposed assignment.

(vi) A copy of the customer notification.

(b) Providing written notice to the customer prior to the customer's next bill that includes a statement that following the assignment the customer's service will continue under the same rates, terms, and conditions established under the original contract and includes the new CRES provider's name, toll-free number, and address.

(2) When assigned a contract previously administered by another CRES provider, the CRES provider to whom the contract is assigned shall comply with all terms and conditions in effect for the contract before the assignment occurred.

(3) A CRES provider shall comply in a timely manner with all valid notices from customers to cancel or terminate the contract as provided for by the contract and by these rules.

(4) A CRES provider shall assign a number to each version of its standard contract form (including changes in contract price), retain such forms for no less than two years.

(E) Residential and small commercial customers shall have the right to rescind their contracts, within seven calendar days following the postmark date on the electric utility's confirmation notice:

(1) By calling the electric utility at the designated local or toll-free number

(2) By written notice to the electric utility, which is effective as of the date of the postmark.

(F) Contract renewals

(1) The provisions of this paragraph apply to residential and small commercial contracts that contain automatic renewal clauses except those which renew on a month-to-month basis.

(2) For contracts that contain an early termination or cancellation option with no fee for early termination or cancellation, upon renewal, the CRES provider shall, in a separate notice, notify customers of such expiration at least forty-five calendar days, but not more than ninety calendar days, in advance of the contract expiration date. Such notice shall accurately describe or highlight any changes and state that the customer contract will renew at the specified rate unless the customer affirmatively cancels the contract. Such notices must clearly and accurately describe the manner in which the customer may cancel the contract and the time during which the customer must act to cancel the contract.

(a) The notice shall be made by separate mailing (envelope or postcard), with the front cover stating: "Important notice regarding your electric service contract."

(b) The notice shall, at a minimum, state any renewal period and how the customer may terminate, renew, and/or extend the contract.

(3) For contract renewals that contain an early termination or cancellation option with a fee of twenty-five dollars or less for early termination or cancellation, upon renewal, the CRES provider shall provide the customer with two separate notices that accurately describe or highlight any changes and state that the customer contract will renew at the specified rate unless the customer affirmatively cancels the contract. Such notices must clearly and accurately describe in understandable language the manner in which the customer may cancel the contract and the time during which the customer must act to cancel the contract. The first notice shall be in writing in accordance with the requirements of this rule and be provided at least forty-five calendar days, but no more than ninety calendar days in advance of the contract expiration date. The second notice may be in writing in accordance with paragraphs (F)(2)(a) to (F)(2)(c) of this rule, by telephone, by a notice on the customer's monthly bill, or by electronic mail. The second notice shall be provided at least thirty-five calendar days in advance of the contract expiration and contain the rate at which the customer contract will renew, or in the case of a variable rate, the applicable formula.

(a) In the event that the CRES provider provides the second notice by telephone, the CRES provider or opt-in governmental aggregator must confirm that the customer of record is on the line, clearly explain both the new contract price and the manner in which the customer may cancel the contract, record the entire conversation, and retain such recording in a manner consistent with rule 4901:1-21-06 of the Administrative Code.

(b) In the event that the CRES provider provides the second notice on the customer's monthly bill, such notice must be in a different color, highlighted, or otherwise differentiated from the remainder of the bill.

(i) State "Important notice regarding your electric service contract" in the subject area of the message.

(ii) Be from an electronic mail address that is readily identifiable as the CRES provider.

(iii) Includes a mechanism by which both the submission and receipt of the renewal notice is recorded by date and time.

(d) This paragraph shall not apply to contract renewals which renew on a month-to-month basis.

(4) For contract renewals that contain an early termination or cancellation option with a fee greater than twenty-five dollars for early termination or cancellation or which contain no option for early termination or cancellation, upon renewal, the CRES provider shall notify the customer of any changes, describe or highlight each change, and also obtain the customer's affirmative consent to such changes pursuant to any of the enrollment procedures established in rule 4901:1-21-06 of the Administrative Code. In addition, the CRES provider shall notify the customer that no response will result in the customer automatically reverting to the electric utility unless the customer chooses another CRES provider. The notice shall be provided at least forty-five calendar days, but not more than ninety calendar days in advance of the contract expiration date, and comply with paragraphs (F)(2)(a) to (F)(2)(c) of this rule. This paragraph shall not apply to contract renewals which renew on a month-to-month basis.

(G) The CRES provider shall furnish written notice to residential and small commercial customers of pending contract expiration between forty-five and ninety calendar days before the contract expires. Such notice shall be made by separate mailing (envelope or postcard), or by conspicuously placed bill message or bill insert, with the front cover of such mailing containing the following statement: "Important notice regarding your electric service contract's expiration." This notice may be combined with a renewal notice specified in paragraph (F) of this rule. This paragraph does not apply to the expiration of contract periods of one month or less.

If the contract does not contain an automatic renewal clause, the notice shall include a statement that the customer will automatically default to the electric utility's standard offer service if the customer does not re-enroll with the current CRES provider or enroll with another CRES provider.

(H) In instances where the customer and the CRES provider agree to a material change to an existing contract, the CRES provider shall obtain proof of consent and provide details of the revised contract terms and conditions as delineated in paragraph (D) of rule 4901:1-21-06 of the Administrative Code.

(I) No CRES provider contract shall limit a residential or small commercial customer's right to make formal or informal complaints to the commission. A CRES provider shall not require a residential or small commercial customer as part of the terms of service to engage in alternative dispute resolution.

Last updated July 15, 2024 at 8:34 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-12 Contract disclosure.

(A) All competitive retail electric service (CRES) provider customer contracts shall include, but not be limited to, the following information:

(1) If applicable, a notification that the electric utility may charge switching fees to the customer.

(2) A notification that the customer has the right to request from the CRES provider, twice within a twelve-month period, up to twenty-four months of the customer's payment history without charge.

(B) All CRES provider contracts with residential and small commercial customers shall include, but not be limited to, the following information (to be stated in clear and understandable language):

(1) The CRES provider's name, mailing address, internet address (if applicable), and a toll-free telephone number (with hours of operation and time-zone reference) for customer contacts.

(2) The services to be provided by the CRES provider and those to be provided by the electric utility, including which entity will bill for those services.

(3) The number of days a customer has to cancel such contract without penalty and the methods for customers to make such cancellation by contacting the electric utility (orally, electronically, and in writing).

(4) The respective policies, procedures, and any penalties for contract termination by the CRES provider and by the customer after the cancellation period.

(5) A notification that the CRES provider may terminate the contract on at least fourteen calendar days written notice should the customer fail to pay the bill or fail to meet any agreed-upon payment arrangements.

(6) The customer's right to terminate the contract without penalty in one of the following circumstances:

(a) If the customer moves outside the CRES provider's service area or into an area where the CRES provider charges a different price.

(b) If the contract allows the CRES provider to terminate the contract for any reason other than the customer's failure to pay or the occurrence of a force majeure event, including but not limited to, a change in any governing law or regulation that physically prevents or legally prohibits the CRES provider from performing under the terms of the contract.

(7) An itemized list and explanation of all prices and all fees associated with the service such that:

(a) For fixed-rate offers, such information shall, at minimum, include the cost per kilowatt hour for generation service, and, if applicable, transmission service.

(b) For per cent-off discounted rates, an explanation of the discount and the basis on which any discount is calculated.

(i) A clear and understandable formula, based on publicly available indices or data that the CRES provider will use to determine the rate that will be charged. In the event that the CRES provider chooses to follow this option, the indices or data on which the price is based must be clearly identified in the contract terms and conditions.

(ii) A clear and understandable explanation of the factors that will cause the price to vary including any related indices and how often the price can change. In the event that the CRES provider chooses to follow this option, no early termination fee may be charged.

(d) For offers based upon kilowatt hours, the unit price per kilowatt hour.

(e) For flat-monthly rate offers, a specific listing of the rate to be charged per month for the duration of the contract.

(8) The amount of any other recurring or nonrecurring CRES provider charges and a statement that the customer will incur additional service and delivery charges from the electric utility.

(9) The terms and conditions of service, including any restrictions, limitations, contingencies, or conditions precedent associated with the service or product offered.

(10) Procedures for handling complaints and disputes, including the following statement:

(11) The Ohio consumers' counsel (OCC) represents residential utility customers in matters before the PUCO. The OCC can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.pickocc.org."

(12) Billing intervals and any late payment fees.

(13) Contract duration, including the estimated starting and expiration dates and a commitment that service shall begin with the next available meter reading after processing of the request by the electric utility and the CRES provider;

(14) If the contract contains an automatic renewal provision and the terms of such provision do not require the customer's affirmative consent, a conspicuous, highlighted statement indicating that the CRES provider can renew this contract without the customer's affirmative consent even when there is a change in the rate or other terms and conditions.

(15) Any credit, deposit, and collection procedures, including terms and conditions associated with the return of any deposit at the time of contract termination.

(16) For generation service contracts, an incorporation by reference of information (accompanying the contract) regarding the approximate generation resource mix and environmental characteristics of the power supplies.

(17) Who will bill for the CRES provider's service(s).

(18) A notification that the CRES provider is prohibited from disclosing a customer's social security number and/or account number(s) without the customer's consent except for the CRES provider's own collections and credit reporting, participation in programs funded by the universal service fund pursuant to section 4928.52 of the Revised Code, or assigning a customer contract to another CRES provider.

(19) A statement informing customers that if they switch back to (name of electric utility) they may or may not be served under the same rates, terms, and conditions that apply to other customers served by the electric utility.

(20) A statement indicating to the customer whether the CRES provider offers budget billing for the generation portion of the bill.

(21) A statement informing customers that the failure to pay electric utility charges may result in the customer being disconnected in accordance with the electric utility tariff.

(22) If, due to a change in market conditions, the CRES provider wishes to lower the price per kilowatt hour charged to the customer under an existing contract, it may do so without consent provided there are no other changes to the terms and conditions to the contract.

Last updated October 22, 2024 at 8:20 AM

History

Effective: October 21, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-13 Net metering contracts.

(A) An electric services company providing retail electric generation service may offer net metering to its customers by developing a contract for net metering that is consistent with the requirements of rules 4901:1-21-11 and 4901:1-21-12 of the Administrative Code. Such contract shall be made available upon request to qualifying customer generators.

(1) A qualifying customer generator is one whose generating facilities are:

(a) Fueled by solar, wind, biomass, landfill gas, or hydropower, or use a microturbine or a fuel cell.

(b) Located on a customer generator's premises.

(d) Intended primarily to offset part or all of the customer generator's requirements for electricity.

(2) Notwithstanding paragraph (A)(1) of this rule, a hospital, as defined in section 3701.01 of the Revised Code, may become a qualifying customer generator by meeting the requirements of paragraphs (A)(1)(b) and (A)(1)(c) of this rule.

(3) Net metering arrangements shall be made available regardless of the date the customer's generating facility was installed.

(B) Net metering shall be accomplished using a single meter capable of registering the flow of electricity in each direction. A customer's existing single-register meter that is capable of registering the flow of electricity in both directions satisfies this requirement. If the customer's existing electrical meter is not capable of measuring the flow of electricity in two directions, the customer generator shall be responsible for all expenses involved in purchasing and installing such a meter.

Last updated July 31, 2024 at 1:54 PM

History

Effective: June 29, 2009
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-14 Customer billing and payments.

(A) This rule applies to competitive retail electric service (CRES) bills that do not include any electric utility charges. Requirements for consolidated billing appear in rule 4901:1-21-18 of the Administrative Code.

(B) A CRES provider may bill customers directly for competitive retail electric services or arrange for the electric utility to bill customers for such services according to a tariff approved by the commission.

(C) Residential and small commercial customer bills issued by or for CRES providers shall be accurate and understandable, be rendered at monthly intervals consistent with those of the customer's electric utility, and contain sufficient information for customers to compute and compare the total cost of competitive retail electric service(s). Such bills shall also include:

(1) The customer's name, billing address, service address, electric utility account number, and, if applicable, the CRES account number.

(2) The dates of service covered by the bill, an itemization of each type of competitive service covered by the bill, any related billing components, the charge for each type of service, and any other information the customer would need to recalculate the bill for accuracy.

(3) The applicable billing determinants, including beginning meter reading(s), ending meter reading(s), demand meter reading(s), multiplier(s), consumption(s), and demands.

(4) For customer generators with net-metering contracts, a statement of the net-metered generation.

(5) The unit price per kilowatt hour charged for competitive service, as calculated by dividing the current-period competitive service charges by the current-period consumption, or, if applicable, the flat-monthly rate.

(6) An identification of the provider of each service appearing on the bill.

(7) A notice in boldface type containing clear explanation for any change of providers, rates, terms, or conditions of service, with such notice appearing on the first two consecutive bills following the occurrence of any such changes, excluding the first billing after the starting date of competitive retail electric service.

(8) The amount billed for the current period, any unpaid amounts due from previous periods, any payments or credits applied to the customer's account during the current period, any late payment charges or gross and net charges, if applicable, any nonrecurring charges, and the total amount due and payable.

(9) The due date for payment to keep the account current. Such due date shall be no less than:

(a) Fourteen calendar days after the postmark date on the bill for residential customers. For residential bills issued from outside the state of Ohio, the due date shall not be less than twenty-one calendar days after the postmark date.

(b) Twenty-one calendar days after the postmark date on the bill for nonresidential customers.

(10) The current balance of the account, if a residential customer is billed according to a budget plan.

(11) Options and instructions on how customers may make their payments.

(12) For each provider whose charges appear on the bill, a listing of the provider's toll-free telephone number and address for customer billing questions or complaints.

(13) The following notice:

"If your complaint is not resolved after you have called (name of CRES provider), or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service).

(14) The applicable electric utility's twenty-four hour local or toll-free numbers for reporting service emergencies.

(15) An identification of estimated bills or bills not based upon actual end-of-period meter readings for the period.

(16) An explanation of any codes and abbreviations used.

(D) If applicable, each CRES provider shall, upon request, provide customers with the name and street address/location of the nearest payment center and/or authorized payment agent.

(E) If applicable, when a customer pays the bill at a payment center or to an authorized payment agent, such payment shall be credited to the customer's account as of the day it is received by such payment center or agent.

(F) Each CRES provider shall establish policies and procedures for handling billing disputes and requests for payment arrangements.

(G) Each CRES provider shall credit any customer partial payments in the following order:

(1) Billed and past due CRES provider charges.

(2) Billed and due current CRES provider charges.

(3) Other past due and current non-regulated charges.

(H) Any CRES provider wishing to issue billing statements online shall comply with the following guidelines:

(1) A customer shall not be required to use online billing.

(2) No enrollment or usage fees shall be assessed to a customer who chooses to receive bills and/or customer information online.

(3) The online billing statement shall include all requirements listed in paragraph (C) of this rule.

(4) The CRES provider shall maintain a secure and encrypted site that is to be accessed only by the customer of record after completing a secure registration process.

(5) Any fees to accept online payments shall be clearly disclosed in payment window(s).

(6) Any payment made online shall be treated as a payment made at the company's business office and be posted to the account in accordance with paragraph (E) of this rule with the time needed to post the payment to the account clearly stated.

(7) If a customer chooses to use online billing, the customer shall not be restricted to making payments online in the future. All payment methods shall continue to be available to the customer.

Last updated July 15, 2024 at 8:34 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-15 Noncompliance with rules or orders.

(A) Any competitive retail electric service (CRES) provider that fails to comply with Chapter 4928. of the Revised Code, any rule in this chapter, or any commission order adopted thereunder may, after opportunity for hearing, be subject to any and all of the following available under the law, including but not limited to:

(1) Forfeiture to the state of not more than ten thousand dollars for each such failure. Each day's continuance of the violation is a separate offense.

(2) Suspension, rescission, conditional rescission, or revocation of the CRES provider's certificate or denial of a request for renewal of a certificate.

(3) Rescission of a customer contract.

(4) Restitution or damages to the customer/consumer.

(B) Enforcement of any rule in this chapter or any commission order adopted thereunder will be conducted in accordance with Chapter 4901:1-23 of the Administrative Code.

Last updated July 31, 2024 at 1:54 PM

History

Effective: June 29, 2009
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-16 Formation and operation of an opt-out governmental aggregation.

(A) Prior to applying for certification from the commission, a governmental aggregator seeking to form an opt-out aggregation shall complete all of the requirements specified in divisions (A) to (C) of section 4928.20 of the Revised Code, including adopting an ordinance or resolution authorizing an opt-out aggregation, conducting a general or special election in accordance with division (B) of section 4928.20 of the Revised Code for authorization from electors to form the aggregation, and approving a plan for operation and governance of the aggregation as specified by division (C) of section 4928.20 of the Revised Code.

(B) The operation and governance plan adopted shall detail the services to be provided under the aggregation and specify all customer rights and obligations under the aggregation. The plan shall be sufficiently detailed to allow customers to readily understand the services that the governmental aggregator is to provide and to compare those services to similar services provided by competitive suppliers. The governmental aggregator shall write the plan in clear and plain language so that customers can easily understand it and, at a minimum, contain all of the following:

(1) A detailed description of services that the governmental aggregator is to provide under the aggregation, noting whether the service is to be provided directly by the governmental aggregator or by a party contracted by the governmental aggregator.

(2) A description of the processes that the governmental aggregator will use to determine the rates that will be charged, including the applicable surcharge that may be charged to customers pursuant to division (I) of section 4928.20 of the Revised Code.

(3) A description of the process that the governmental aggregator will use to notify customers if the governmental aggregator chooses to implement division (J) of section 4928.20 of the Revised Code, including a description of the potential impact on the customers in the aggregation program.

(4) A detailed description of the governmental aggregator's plan for providing the required opt-out disclosure notices to customers. The plan shall describe the steps that the governmental aggregator will take to ensure that all eligible customers residing within the governmental aggregator's boundaries are notified. The plan shall also identify the time frames associated with the opt-out disclosure notice.

(5) A detailed description of the process for developing the pool of customer accounts that will be included in the aggregation, including the steps that the governmental aggregator will take to identify and exclude from the pool customers who have opted out of the aggregation and customers that are otherwise ineligible.

(6) A detailed description of the governmental aggregator's opt-out process and opt-out methodologies. The process shall include provisions for customers to opt out, including returning a postcard or similar notice to the governmental aggregator. The process may include, in addition, other opt-out methods, such as telephonic or internet notice, provided that these alternative methods allow for verification of a customer's election to opt out of the aggregation.

(7) A detailed description of the customer classes that the governmental aggregator intends to include in its aggregation pool.

(8) The governmental aggregator's plan for billing customers, including an identification of billing intervals and the identity of the entity that will transmit the bill to the customer.

(9) A listing of any credit or deposit procedures and policies that the governmental aggregator will employ in the event the customer fails to pay its bill(s).

(10) A detailed description of the governmental aggregator's customer service procedures and dispute resolution processes, including notice of the customer's right to contact the commission and the commission's toll-free number and telephone number through which hearing and speech impaired customers may contact the commission. These procedures and processes shall comply with the requirements specified in rule 4901:1-21-08 of the Administrative Code.

(11) A detailed description of the policies associated with a customer moving into the aggregation or within the aggregation where the electric utility considers the customer that is moving to be a new customer. If the policies provide that these customers will be automatically included in the aggregation, the governmental aggregator shall provide the customer an opportunity to opt out of the aggregation in accordance with the procedures set forth in rule 4901:1-21-17 of the Administrative Code.

(12) A detailed description of the policies associated with a customer moving within the aggregation where the customer is not assigned a new account number by the electric utility. A customer in these circumstances shall maintain the rate that the customer was charged at its previous location or, if the rate at the new location is higher than at the customer's previous location, the customer shall have the opportunity to opt out of the aggregation without penalty, pursuant to the procedures set forth in rule 4901:1-21-17 of the Administrative Code.

(13) A description of the governmental aggregator's policies regarding the ability of a customer who has previously opted out of the aggregation to join the aggregation, including identification of any associated conditions.

(C) A governmental aggregator shall keep its operation and governance plan available for public inspection and shall, upon request, provide a copy of the plan to any existing or potential customer of the aggregation.

(D) A governmental aggregator shall not alter its operation and governance plan in any way that materially affects the customers of the aggregation without first providing notice to all affected customers and providing these customers the opportunity to opt out of the aggregation according to the procedures established for the initial opt-out disclosure notice set forth in rule 4901:1-21-17 of the Administrative Code. The notice shall set forth the changes to the plan, inform the customer of its right to opt out of the aggregation without penalty, and identify the method and time frame for the customer to opt out.

(E) Notwithstanding paragraph (D) of this rule, if a governmental aggregator elects not to receive standby service from the electric utility under an approved electric security plan during the term of the governmental aggregation program pursuant to division (J) of section 4928.20 of the Revised Code, the governmental aggregation shall not alter its governmental aggregation program in a manner that would require conducting an additional opt-out for the duration of its governmental aggregation program.

(F) No governmental aggregator shall send an opt-out disclosure notice to potential customers of an aggregation prior to the governmental aggregator being certified by the commission as a competitive retail electric service provider.

(G) A governmental aggregator may choose to have the CRES provider perform certain functions as the governmental aggregator's agent. However, the governmental aggregator is still responsible for ensuring that the requirements of this chapter are met.

Last updated July 15, 2024 at 8:34 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-17 Opt-out disclosure requirements.

(A) Prior to including a customer's electric account or accounts in an aggregation, a governmental aggregator shall provide each customer written notice that the customer's account(s) will be automatically included in the aggregation unless the customer affirmatively opts out of the aggregation. The notice, clearly marked from the outside "important notice regarding your electric service" written in plain language, shall, at a minimum, include:

(1) A summary of the actions that the governmental entity took to authorize the aggregation.

(2) A description of the services that the governmental aggregator will provide under the aggregation.

(3) Disclosure of the price that the governmental aggregator will charge customers for electric generation service. For fixed-rate contracts, the governmental aggregator shall provide the price per kilowatt hour, and if applicable, for generation and transmission service. If the governmental aggregator offers a variable rate, the governmental aggregator shall provide an understandable description of the factors that will cause the price to vary (including any associated indices) and disclose how frequently the rate will change. If the governmental aggregator charges different rates to different rate classes within the aggregation, the governmental aggregator shall disclose the applicable rate(s) to customers within each rate class.

(4) An itemized list and explanation of all fees and charges that are not incorporated into the rates charged for electricity generation that the governmental aggregator will charge to the customer for participating in the aggregation, including any early termination penalties and any surcharges, or portions thereof, that may be assessed pursuant to division (I) of section 4928.20 of the Revised Code. The early termination penalties shall not apply to a customer that moves out of the governmental aggregator's territory.

(5) Disclosure of the dates covered by the governmental aggregation program, including an estimated service commencement date, and notice that the customer may opt out of the aggregation at least every three years without penalty.

(6) A statement informing customers that choose to opt out of the governmental aggregation program prior to the commencement of the governmental aggregation program that they will be served by the standard service offer established pursuant to section 4928.14 of the Revised Code or until the customer chooses an alternative supplier of electric service.

(7) A statement informing customers that, if they switch back to (name of electric utility), they may not be served under the same rates, terms, and conditions that apply to other customers served by the electric utility.

(8) If the governmental aggregator elects not to receive standby service from the electric utility under an approved electric security plan during the term of the governmental aggregation program pursuant to division (J) of section 4928.20 of the Revised Code, a statement informing customers that any customer returning to the electric utility after the commencement of the governmental aggregation program will pay the market price of power incurred by the electric utility to serve that consumer plus the amount attributable to the electric utility's compliance with the alternative energy resource provisions of section 4928.64 of the Revised Code, unless such customer becomes ineligible pursuant to paragraph (E)(1)(a) or (E)(1)(g) of this rule, or any customer who moves within the aggregation boundaries where the electric utility considers the customer that is moving to be a new customer.

(9) Disclosure of any credit and/or deposit policies and requirements.

(10) Disclosure of any limitations or conditions on customer acceptance into the aggregation.

(11) A description of the process and associated time period for customers to opt out of the aggregation. The process shall include provisions for customers to return a postcard or similar notice to the governmental aggregator or its agent. The process may include, in addition, other opt-out methods, such as telephonic or internet notice, provided that these alternative methods allow for verification of a customer's election to opt out of the aggregation. The time period for a customer to choose to opt out of the aggregation shall extend at least twenty-one days from the date of the postmark on the written notice. If a customer's return postcard or notice is postmarked before the opt-out deadline has elapsed, the customer shall be deemed to have opted out of the aggregation.

(12) A local or toll-free telephone number, with the available calling hours, that customers may call with questions regarding the formation or operation of the aggregation.

(B) At least every three years from the establishment of its governmental aggregation program, a governmental aggregator shall provide notice to all customers served by the governmental aggregation of their right to opt out of the aggregation and take service pursuant to the electric utility's standard service offer without penalty. This notice shall follow the procedures established for the initial opt-out notice set forth in this rule and prominently disclose to customers all changes to the terms and conditions associated with the aggregation. The governmental aggregator shall not send an opt-out notice to the same customer account during the period covered by the aggregation where such customer account has previously opted out.

(C) No governmental aggregator or electric services company serving a governmental aggregation may impose any terms, conditions, fees, or charges on any customer served by a governmental aggregation unless the particular term, condition, fee, or charge was clearly disclosed to customers at the time the customer chose not to opt out of the aggregation.

(D) List of eligible governmental aggregation customers.

(1) To assist in the preparation and dissemination of required opt-out notices, a governmental aggregator that is certified by the commission shall request that an electric utility provide, for all customers residing within the governmental aggregator's boundaries, including those customers who have opted off the pre-enrollment list, the following information:

(a) An updated list of names, addresses, account numbers, rate codes, percentage of income payment plan codes, load data, and other related customer information, consistent with the information that is provided to other CRES providers.

(b) An identification of customers who are currently in contract with an electric services company or in a special arrangement with the electric utility.

(2) The governmental aggregator shall use the list of eligible aggregation customers to distribute its opt-out notices within thirty calendar days of the date the list is received from the electric utility.

(3) The governmental aggregator shall remove from its list of eligible aggregation customers the accounts of customers who appear on the commission's "do not aggregate" list sixty calendar days prior to the distribution of its opt-out notice.

(4) The governmental aggregator shall not, without the customer's consent or an appropriate order, disclose or use for any purpose, other than formation and operation of its aggregation, a customer's account number, social security number, or any information regarding customers who opted off of an electric utility's pre-enrollment list. Before a governmental aggregator releases any customer account number, service delivery identification number, or any information related to a customer who has opted off of an electric utility's pre-enrollment list for any purpose other than those specified in this rule, unless the release is pursuant to a court or commission order, the governmental aggregator shall obtain the customer's written consent or electronic authorization. Before a governmental aggregator releases a customer's social security number for any purpose other than those specified in this rule, unless the release is pursuant to a court order, the governmental aggregator shall obtain the signature of the customer on a written release. The release shall be on a separate form and be clearly identified on its face as a release of personal information, with all text appearing on the release being in at least sixteen-point type. The following statement shall appear prominently on the release, just prior to the signature, in type darker and larger than the type in surrounding sentences: "I realize that under the rules and regulations of the public utilities commission of Ohio, I may refuse to allow (name of aggregator) to release the information set forth above. By my signature, I freely give (name of aggregator) permission to release the information designated above." The information that the governmental aggregator seeks to release shall be specified on the form. Forms requiring a customer to circle or to check off preprinted types of information to be released may not be used.

(E) Notice of governmental aggregation and opt-out notice.

(1) Each governmental aggregator shall ensure that only eligible customers are included in its aggregation. For purposes of this rule, the following customers are not eligible and shall not be included in an aggregation:

(a) A customer that is not located within the governmental aggregator's boundaries.

(b) A customer who appears on the commission's "do not aggregate" list.

(d) A customer in contract with a certified electric services company other than the current supplier of the governmental aggregation.

(e) A customer that has a special arrangement with the electric utility.

(f) A mercantile customer that has not provided affirmative consent to join the aggregation.

(g) A customer who enrolls in the percentage of income payment plan pursuant to section 4928.52 of the Revised Code.

(2) If accounts of customers who appear on the commission's "do not aggregate" list, accounts from outside the governmental aggregator's governmental boundaries, accounts of customers who have opted out of the aggregation, accounts of customers in contract with an electric services company, accounts of customers with a special arrangement under Chapter 4901:1-38 of the Administrative Code, or accounts of mercantile customers who did not opt into the governmental aggregation are switched to the governmental aggregation, the governmental aggregator shall promptly inform the customer and take all necessary actions to have the customer switched back to the customer's former service provider. In addition, if the customer's former rate was less than the rate charged by the governmental aggregator, then the governmental aggregator shall reimburse the customer the difference between the customer's former rate and the governmental aggregator's rate multiplied by the customer's usage during the time that the customer was served by the governmental aggregator.

(3) If a customer is enrolled in a governmental aggregation program at the time the customer first appears on the "do not aggregate" list, the governmental aggregator shall remove the customer from the governmental aggregation program at the next opt-out opportunity that is available to the customer under section 4928.20 of the Revised Code.

(4) If a mercantile customer was enrolled in an opt-out governmental aggregation program that the mercantile customer subsequently became ineligible for, the governmental aggregator shall remove the mercantile customer from the governmental aggregation program at the next opt-out opportunity that is available to the customer under section 4928.20 of the Revised Code unless that mercantile customer affirmatively consents to remain in the governmental aggregation program.

(F) The governmental aggregator shall docket with the commission's docketing division the final opt-out and any supplemental opt-outs no more than thirty days but no less than ten days prior to sending the opt-outs to customers. The notice to the commission shall include the beginning and ending dates of the twenty-one day opt-out period and the identification of the selected CRES provider.

(G) Upon its election for its customers to not receive standby service from the electric utility pursuant to the electric utility's approved electric security plan for those customers who return to the electric utility during the governmental aggregation program, a governmental aggregator shall file written notice with the commission and the electric utility. Such notice shall explain the process that the governmental aggregator will use to notify customers, including a description of the potential impact on customers in the aggregation program.

Last updated July 15, 2024 at 8:35 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-18 Consolidated billing requirements.

(A) This rule applies to a competitive retail electric service (CRES) provider that issues customers a consolidated electric bill that includes both electric utility and CRES provider charges for electric services. Nothing in this rule affects the obligations of the electric utility to provide disconnection notices.

(B) A supplier agreement between an electric utility and a CRES provider must provide that if the CRES provider collects customer payments on behalf of the electric utility, the customer's liability to the electric utility ceases to the extent of the payment made and applicable to the customer's account.

(C) Consolidated bills shall be accurate, rendered at monthly intervals, and contain clear and understandable form and language. All consolidated customer bills issued by or on behalf of an electric utility and a CRES provider must include at least the following information:

(1) The customer's name, billing address, and service address.

(2) The electric utility's twenty-four hour, local or toll-free number for reporting service emergencies.

(3) The dates of the service period covered by the bill.

(4) Current electric charges, separated from gas charges, if these charges appear on the same bill, but only to the extent that the biller provides both electric and gas services.

(5) Applicable billing determinants: beginning meter read, ending meter read, demand meter read, multipliers, consumption, and demand.

(6) Identification of estimated bills.

(7) Any nonrecurring charge(s).

(8) Net-metered usage for customer generators, if applicable.

(9) Each charge for nontariffed and/or nonregulated service or product, if applicable, and the name and toll-free number of each provider of such service(s).

(10) Amount due for previous billing period.

(11) Total payments, late payment charges or gross/net charges, and total credits applied during the billing period.

(12) Total consolidated amount due and payable, or, if applicable, the total consolidated budget bill amount.

(13) Due date for payment to keep the account current. The due date for residential bills shall not be less than fourteen calendar days from the date of postmark. For residential bills being issued from outside the state of Ohio the due date shall not be less than twenty-one calendar days.

(14) Name and address of company to whom payments should be made.

(15) The following notice:

"If your complaint is not resolved after you have called your electric supplier and/or your electric utility, or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll-free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service).

The Ohio consumers' counsel (OCC) represents residential utility customers in matters before the PUCO. The OCC can be contacted at 1-877-742-5622 (toll-free) from eight a.m. to five p.m. weekdays, or at http://www.pickocc.org."

(16) An explanation of codes and abbreviations used.

(18) The price-to-compare for residential bills and a notice that such customers can obtain a written explanation of the price-to-compare from their electric utility.

(1) Electric utility account number.

(2) Applicable rate schedule.

(3) A numerical statement of the customer's historical consumption for each of the preceding twelve months, and both the total and average consumption for such twelve-month period.

(4) Specific tariffed charges to the extent applicable: customer charge, delivery charge, transition charge, shopping incentive or shopping credit, and other conceptually similar tariffed charges.

(5) If the customer is on a budget plan with the electric utility only, the monthly budget amount and current balance of electric utility account.

(6) Current charges.

(7) The electric utility's local or toll-free number and address for questions and complaints.

(1) Customer's CRES account number, if different from the electric utility account number.

(2) To the extent applicable, itemization for each charge including: for fixed-price offers, the unit price per kWh for competitive service; for all other offers for electric generation service, an explanation of how the rate is derived; and any other information the customer would need to recalculate the bill for accuracy.

(3) If the customer is on a budget plan with the CRES provider only, the monthly budget amount and the current balance of the CRES account.

(4) Current charges.

(5) A highlighted notice of any change in rates, terms, or conditions appearing on the first two consecutive bills following the occurrence of any such changes and a clear explanation of each change.

(6) For flat-monthly rate offers, a specific listing of the rate to be charged per month for the duration of the contract.

(F) Consolidated bill format. Any new consolidated bill format proposed by a CRES provider shall be filed with the commission for approval. If an application for a consolidated bill format is not acted upon by the commission within forty-five days after it is filed, the consolidated bill format shall be deemed approved on the forty-sixth day after filing.

(G) Transfer of customer billing information.

(1) The non-billing electric utility shall furnish the applicable required bill content information to the billing party in a timely manner and in a mutually agreed upon electronic format for inclusion in the consolidated customer bill.

(2) The billing CRES provider shall include in the consolidated bill all required bill content information furnished by the nonbilling electric utility.

(H) Partial payment priority.

(1) A customer's partial payment shall be credited in the following order:

(a) Billed and past due CRES provider charges or, if applicable, CRES provider payment arrangement or past due CRES provider budget billing.

(c) Billed and due current electric utility distribution and transmission charges or current electric utility budget billing.

(d) Billed and due current CRES provider charges or current CRES provider budget billing.

(e) Other past due and current nonregulated charges, excluding CRES charges.

(2) Exceptions to the partial payment priority.

(a) Payments in full of the undisputed amount related to a bona fide dispute do not constitute partial payments. Payments made on accounts for which there is a bona fide dispute shall be credited to the undisputed portion of the account.

(b) If a customer pays an agreed-upon electric utility and/or CRES budget payment amount, then that payment shall be considered payment in full for the current bill.

(I) Upon the customer's switch from a CRES provider, the billing party shall identify for the customer and state on the bill as of what date the billing party will no longer remit payments to the previous CRES provider and any outstanding balance due to the previous CRES provider.

(J) Any CRES provider wishing to issue consolidated billing statements online shall comply with the following guidelines:

(1) A customer shall not be required to use online billing.

(2) No enrollment or usage fees shall be assessed to a customer who chooses to receive bills and/or customer information online.

(3) The online billing statement shall include all requirements listed in paragraphs (C), (D), and (E) of this rule.

(4) The CRES provider shall maintain a secure and encrypted site that is to be accessed only by the customer of record after completing a secure registration process.

(5) Any fees to accept online payments shall be clearly disclosed in payment window(s).

(6) Any payment made online shall be treated as a payment made at the company's business office and be posted to the account in accordance with paragraph (E) of rule 4901:1-21-14 of the Administrative Code. The time needed to post the payment shall be clearly stated.

(7) If a customer chooses to use online billing, the customer shall not be restricted to making payments online in the future. All payment methods shall continue to be available to the customer.

Last updated July 15, 2024 at 8:35 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-19 Disclosures of renewable energy resource compliance costs.

(A) As used in this rule, "renewable energy resource" has the meaning set forth in division (A)(37) of section 4928.01 of the Revised Code.

(B) Each competitive retail electric service (CRES) provider shall list on all customer bills sent by the CRES provider that do not include electric distribution utility (EDU) charges the individual customer cost of compliance with the renewable energy resource requirements for the applicable billing period

The cost of compliance with the renewable energy resource requirements shall be calculated as the customer's usage in megawatt-hours for the applicable billing period, multiplied by the statutory percentage requirement pursuant to division (B)(2) of section 4928.64 of the Revised Code for the year in which the bill is issued, multiplied by the average of the Ohio renewable energy credit (REC) costs for CRES providers as reported in the commission's most recent compliance report provided to the general assembly.

(C) Each CRES provider shall list on all customer bills sent by the CRES provider that include both EDU and CRES provider charges (consolidated bills) the cost of compliance with the renewable energy resource requirements, calculated as set forth in paragraph (B) of this rule, for the applicable billing period.

(D) Each of these costs shall be listed on each customer's monthly bill as a distinct line item.

Last updated July 15, 2024 at 8:35 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-20 Notification Requirements for Fixed Introductory Rate Contracts.

(A) For purposes of this rule, "small commercial customer" excludes customers that receive electric service pursuant to a nonresidential tariff if any of the following apply:

(1) The customer's demand for electricity exceeds twenty-five kilowatts within the last twelve months;

(2) The customer does one or both of the following:

(a) Manages multiple electric meters and, within the last twelve months, the electricity demand for at least one of the meters is twenty-five kilowatts or more; or

(b) The customer has, at the customer's discretion, aggregated the demand for the customer-managed meters.

(B) If a competitive retail electric service (CRES) supplier offers a residential or small commercial customer a contract for a fixed introductory rate that converts to a variable rate upon the expiration of the fixed rate, the CRES supplier shall send two notices to each residential and small commercial customer that enters into such a contract. Each notice shall provide all of the following information to the customer:

(1) The fixed rate that is expiring under the contract;

(2) The expiration date of the contract's fixed rate;

(3) The address for the commission web site that, as a comparison tool, lists rates offered by CRES suppliers; and

(4) A statement explaining that on each customer's bill is a price-to-compare notice that lists the utility's standard service offer price.

(C) The second notice shall include all of the requirements in paragraph (B) of this rule and shall also identify the initial rate to be charged upon the contract's conversion to a variable rate.

(D) The notices shall be sent by standard United States mail or electronically with a customer's verifiable consent, as follows:

(1) The CRES supplier shall send the first notice not earlier than ninety days, and not later than sixty days, prior to the expiration of the fixed rate.

(2) The CRES supplier shall send the second notice not earlier than forty-five days, and not later than fifteen days, prior to the expiration of the fixed rate.

(E) A CRES supplier shall provide an annual notice, by standard United States mail or electronically with a customer's verifiable consent, to each residential and small commercial customer that has entered into a contract with the CRES supplier that has converted to a variable rate upon the expiration of the contract's fixed introductory rate. The notice shall provide all of the following information to the customer:

(1) The customer is currently subject to a variable rate;

(2) Other fixed rate contracts are available; and

(3) The commission web site that, as a comparison tool, lists rates offered by CRES suppliers.

(F) CRES suppliers shall ensure that all notices required under paragraphs (B) to (E) of this rule comply with the following:

(1) The notices must use clear and unambiguous language in order to enable the customer to make an informed decision; and

(2) The notices must be designed in a way to ensure that they cannot be confused with marketing materials.

Last updated January 5, 2026 at 8:23 AM

History

Effective: January 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-21-21 Certified request for return of mercantile customer to the standard service offer.

(A) For purposes of this rule, "certified request" means a request from a CRES supplier on the commission form identified in paragraph (C) of this rule, or an equivalent EDI transaction, to an EDU for the expedited return to the EDU's standard service offer of a mercantile customer under a voluntary service agreement with the CRES supplier that explicitly authorizes the expedited return of the mercantile customer to the EDU's standard service offer, as authorized under section 4928.105 of the Revised Code.

(B) A CRES supplier should provide seven calendar days' notice to the mercantile customer and EDU prior to submitting a certified request to an EDU, unless a different timeframe is agreed to between the parties in the voluntary service agreement that explicitly authorizes the expedited return.

Last updated July 20, 2026 at 10:41 AM

History

Effective: July 20, 2026
Promulgated Under: 111.15

Chapter 4901:1-22 Interconnection Services

Ohio Adm.Code 4901:1-22-01 Definitions.

As used in this chapter:

(A) "Administrative law judge" (ALJ) has the same meaning attributed to attorney examiner and refers to the positions authorized under section 4901.18 of the Revised Code.

(B) "Applicant" means the person requesting interconnection service either originally or through subsequent transaction or other agreement as the owner or operator of a distributed energy resource as defined in paragraph (J) of this rule.

(C) "Application" means a request to an electric distribution utility (EDU) using the format set forth on the website of the public utilities commission of Ohio for interconnection of a distributed energy resource to the electric distribution system owned by the EDU.

(D) "Area network" means a type of electric distribution system served by multiple transformers interconnected in a distribution secondary network circuit, which is generally used in large metropolitan areas that are densely populated, in order to provide highly reliable service. Area networks may also be described as "grid networks" or "street networks."

(E) "Area electric power system" (area EPS) means an EPS that serves local EPSs, as defined in institute of electrical and electronics engineers (IEEE) standard 1547 (2018). For purposes of this chapter, an EDU's distribution system itself will always be considered an area EPS.

(F) "Automatic sectionalizing device" means any self-contained, circuit-opening device used in conjunction with a source-side protective device, which features automatic reclosing capability.

(G) "Calendar day" means any day, including Saturday, Sunday, and legal holidays.

(H) "Commission" means the public utilities commission of Ohio.

(I) "Competitive retail electric service" means a component of retail electric service that is competitive as provided under division (B) of section 4928.01 of the Revised Code.

(J) "Distributed energy resource" (DER) is a source of electric power that is not directly connected to a bulk power system. DER includes both generators and energy storage technologies capable of exporting active power to an electrical power system (EPS) either by itself or together with an equipment package that is necessary for compliance with IEEE standard 1547.

(K) "Distribution secondary network" means an AC distribution system where the secondaries of the distribution transformers are connected to a common network for supplying electricity directly to consumers. There are two types of secondary networks: area networks (also referred to as grid networks or street networks) and spot networks.

(L) "Electric distribution utility" or "EDU" has the same meaning as division (A)(6) of section 4928.01 of the Revised Code.

(M) "Equipment package" means individual or multiple devices assembled to facilitate operation of the DER including switchgear, inverters, or other interface devices.

(N) "Electric power system" (EPS) means facilities that deliver electric power to a load. An EPS may include generation and may contain only load, only generation, or a mix of load and generation.

(O) "Energy storage" means technology that stores energy as potential, kinetic, chemical or thermal energy that can be released at a later time to produce electric power, including, without limitation, batteries, flywheels, electrochemical capacitors, compressed-air storage and thermal storage devices.

(P) "Export capacity" means the maximum nameplate rating of a DER in alternating current (AC); except where such capacity is limited using a means of limiting electrical export as defined in an EDU's technical interconnection and interoperability requirements (TIIR).

(Q) "Hybrid facility" means a facility that includes both a resource for the generation of electricity and energy storage that is used only to offset the applicant's power usage when onsite generation is not available or when disconnected from the grid as a backup source, not to inject active power to the area EPS (i.e., "non-exporting" energy storage).

(R) "Interconnection" means the physical connection of the applicant's DER to the EDU's system for the purpose of electrical power transfers.

(S) "Interconnection service" means the services provided by an EDU or transmission provider for the applicant's DER.

(T) "Limited export" means the exporting capability of a DER whose export capacity is limited by the use of any configuration or operating mode as defined in an EDU's TIIR.

(U) "Line section" means either that portion of an EDU's electric system connected to a customer bounded by automatic sectionalizing devices, the end of the distribution line, or a line segment identified as appropriate for study by a utility engineer.

(V) "Local electric power system" (local EPS) is an EPS contained entirely within the single premises or group of premises, as defined in IEEE standard 1547 (2018).

(W) "Material modification" means any substantial alteration to the design or construction of a DER facility that occurs after an interconnection application is deemed complete that materially impacts the cost, timing, or design of any customer interconnection facilities or upgrades, or adversely impacts other interdependent interconnection requests. "Material modifications" include but are not limited to the following:

(1) Modifications to transformer connections or grounding;

(2) Any change that creates an adverse impact to the operation, safety, or reliability of the EDU's distribution system;

(3) Changes to the location of the DER site that affect the impacted circuit or point of common coupling;

(4) Replacement of generating equipment, such as generator-type, inverters, transformers, relaying, or controls, that is not a like-for-like substitution in ratings, impedances, efficiencies, or capabilities of the equipment specified in the original or preceding interconnection request;

(5) Any change that results in noncertified devices;

(6) Any change to the operating profile of the DER which results in a change in the impact to the grid.

(X) "Minor modification" means any modification to an interconnection application that is not a material modification.

(Y) "Operating profile" means the manner in which the DER is designed to be operated, based on the generating prime mover, operating schedule, and the managed variation in output power or charging behavior. The operating profile includes any limitations set on power imported or exported at the point of common coupling and the resource characteristics, e.g., solar output profile or energy storage system operation.

(Z) "Parallel operation with the EDU's system" means all electrical connections between the applicant's DER and the EDU's system that are capable of operating in conjunction with each other.

(AA) "Point of common coupling" means the point of connection between the area EPS and the Local EPS, as defined in IEEE standard 1547 (2018).

(BB) "Relevant Minimum Load" means the lowest measured circuit or substation load coincident with the DER's production. Such load may be estimated where measurement is not readily available.

(CC) "Reliability" means the degree of performance of the elements of the electric system that results in electricity being delivered to and from an applicant in the amount desired while avoiding adverse effects on the adequacy and security of the electric supply, defined respectively as:

(1) The ability of the electric system to supply the aggregate electrical demand and energy requirements at all times, taking into account scheduled and unscheduled outages of system elements.

(2) The ability of the electric system to withstand sudden disturbances such as electric short circuits or unanticipated loss of system elements.

(DD) "Retail electric service provider" means any entity in this state that provides retail electric service as defined by division (A)(27) of section 4928.01 of the Revised Code.

(EE) "Sale for resale" means a sale of energy to an energy supplier, electric utility or a public authority for resale purposes.

(FF) "Scoping meeting" means a meeting between representatives of the applicant and the EDU conducted for but not limited to the following purposes:

(1) To discuss alternative interconnection options.

(2) To exchange information including any electric distribution system data and earlier study evaluations that would be expected to impact such interconnection options.

(3) To analyze such information.

(4) To determine the potential points of common coupling.

(GG) "Self-generator" has the same meaning as in section 4928.01 of the Revised Code.

(HH) "Spot network" means a type of electric distribution system that uses two or more inter-tied transformers to supply a distribution secondary network circuit and is generally used to supply power to a single customer or a small group of customers.

(II) "Technical Interconnection and Interoperability Requirements" or "TIIR" means commission-approved public documents, often utility-specific, which include requirements for interconnection, interoperability, DER capabilities and their utilization (settings), and grid integration (e.g., protection coordination, telemetry).

Last updated July 20, 2026 at 10:41 AM

History

Effective: July 20, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-22-02 Scope and application.

(A) The rules in this chapter are intended to do all of the following:

(1) Make compliance within this chapter not unduly burdensome or expensive for any applicant in accordance with division (A) of section 4928.11 of the Revised Code.

(2) Establish uniform nondiscriminatory, technology-neutral procedures for interconnecting DERs to an EDU's system in a manner that protects public and worker safety and system reliability.

(3) Apply in the entire territory where commission-approved tariffs apply to those situations where an applicant seeks to physically connect a DER to, and operate it in parallel with, the EDU's system.

(4) Provide three review options for an applicant's request for interconnection with the EDU including level 1, level 2, and level 3 procedures.

(B) Each EDU in the state of Ohio shall file uniform interconnection service tariffs for commission review and approval pursuant to division (A) of section 4928.11 of the Revised Code that include the procedures and technical requirements set forth in this chapter for interconnection service on a first-come, first-served basis.

(C) The rules in this chapter do not relieve any applicant from complying with all applicable federal, state, and local laws and ordinances.

Last updated May 11, 2026 at 12:59 PM

History

Effective: March 25, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-22-03 Industry standards.

(A) No later than thirty calendar days after the effective date of this rule, each EDU shall make a filing with the commission of the TIIR governing the safe, reliable, high-quality interconnection of DERs. The filing should contain appropriate criteria and interconnection parameters for a customer's DER technology and use case so as not to impose technical or economic barriers to new technology pursuant to division (A) of section 4928.11 of the Revised Code or exceed specifications for net energy metering systems pursuant to division (D) of section 4928.67 of the Revised Code. The TIIR filing should be consistent with all of the following:

(1) The institute of electrical and electronics engineers (IEEE) Std 1547-2018;

(2) The underwriters laboratories (UL) 1741-SB;

(3) The national fire and protection association (NFPA) including the national electric code (NEC), NFPA 70® NEC® 2023.

(B) If the commission does not act upon the initial filing made under paragraph (A) of this rule within sixty calendar days of the filing date, the initial filing will be deemed automatically approved on the sixty-first day after the filing date.

(1) The commission or an ALJ may suspend a filing made under paragraph (A) of this rule upon the request of staff or upon good cause shown.

(2) If the commission or an ALJ suspends a filing, the commission will:

(a) Docket its decision, notify the EDU of the reasons for such suspension, and may direct the EDU to furnish any additional information as the commission deems necessary to evaluate the TIIR filing.

(b) Act to approve or deny the technical filing within ninety calendar days from the date the TIIR filing was suspended. If the commission fails to act within ninety calendar days from the date the TIIR filing was suspended, the TIIR filing will be deemed automatically approved.

(C) If an EDU wishes to revise, amend, or modify its TIIR provisions approved by the commission under paragraph (B) of this rule, the EDU may make a filing to revise, amend, or modify its TIIR with the commission. If the commission does not act on a filing made under paragraph (C) of this rule within forty-five calendar days after the filing date, the filing will be deemed automatically approved on the forty-sixth calendar day after the filing date.

(1) The commission or an ALJ may suspend a filing made under paragraph (C) of this rule upon the request of staff or upon good cause shown.

(2) If the commission or an ALJ suspends a filing, the commission will:

(a) Docket its decision, notify the EDU of the reasons for such suspension, and may direct the EDU to furnish any additional information as the commission deems necessary to evaluate the filing.

(b) Act to approve or deny the filing within ninety calendar days from the date the TIIR filing was suspended. If the commission fails to act within ninety calendar days from the date the filing was suspended, the filing will be deemed automatically approved.

(D) An EDU will post on its website the current version of its TIIR approved by the commission under this chapter.

Last updated July 20, 2026 at 9:05 AM

History

Effective: July 20, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-22-04 General provisions.

(A) Prohibitions

(1) In accordance with the EDU's code of conduct adopted pursuant to section 4928.17 of the Revised Code, an EDU or its affiliates shall not use, without the customer's consent, such knowledge of proposed interconnection service to prepare competing proposals to the interconnection service that offer either discounted rates in return for not providing the interconnection service or competing generation.

(2) No EDU shall reject, penalize, or discourage the use or development of new technology for interconnection service in accordance with division (A) of section 4928.11 of the Revised Code.

(B) Pre-application

(1) The EDU will designate an employee or office from which information on the requirements for EDU's application review process can be obtained through an informal request by the applicant that includes discussion of the following:

(a) The applicant's proposed interconnection of a DER at a specific location on the EDU's system.

(b) Qualifications under EDU's level 1, level 2 or level 3 review procedures.

(2) In addition to the information described in paragraph (B)(1) of this rule, which may be provided in response to an informal request, an applicant may submit a formal request along with a non-refundable processing fee of three hundred dollars for a pre-application report on a proposed project at a specific site. The EDU shall provide a pre-application report to the applicant within fourteen calendar days of receipt of the written request and payment of the three hundred dollar processing fee.

(3) The pre-application report will include the following information:

(a) Total generation capacity (in megawatts, ONAN) of the substation/area bus or bank and circuit based on normal or operating ratings likely to serve the proposed site.

(b) Existing aggregate generation capacity (in megawatts), which is the in-service amount of generation,interconnected to the substation/area bus or bank and circuit likely to serve the proposed site.

(c) Aggregate queued generation capacity (in megawatts), which is the amount of generation in the queue, for the substation/area bus or bank and circuit likely to serve the proposed site.

(d) Available generation capacity (in megawatts) of the substation/area bus or bank and circuit most likely to serve the proposed site, which is the total capacity less the sum of existing aggregate generation capacity and aggregate queued generation capacity.

(e) Substation nominal distribution voltage and/or transmission nominal voltage, if applicable.

(f) Nominal distribution circuit voltage at the proposed site.

(g) Approximate circuit distance between the proposed site and the substation.

(h) Relevant line section(s) peak load estimate, and minimum load data, when available.

(i) Number and rating of protective devices and number and type (standard, bi-directional) of voltage regulating devices between the proposed site and the substation/area. Identify whether substation has a load tap changer.

(j) Number of phases available at the site and/or distance from three-phase service.

(k) Limiting conductor ratings from the proposed point of common coupling to the distribution substation.

(l) Based on the proposed point of common coupling, existing or known constraints such as, but not limited to, electrical dependencies at that location, short circuit interrupting capacity issues, power quality or stability issues on the circuit, capacity constraints, or secondary networks.

(4) The pre-application report need only include pre-existing data. A pre-application report request does not obligate the EDU to conduct a study or other analysis of the proposed generator in the event that data is not readily available. If the EDU cannot complete some of a pre-application report due to lack of available data, the EDU will provide the applicant with a pre-application report that includes the data that is available.

(1) EDUs shall process all applications for interconnection service and parallel operation with the EDU's system in a nondiscriminatory manner and in the order in which they are received.

(2) Where minor modifications to a pending application are required during the EDU's review of the application, such minor modifications do not obligate the applicant to file a new or separate application.

(3) When an application is submitted, the EDU shall determine whether the application is complete and provide the applicant with a written or email notice of receipt within fourteen calendar days for level 1 projects and twenty-one calendar days for level 2 and 3 projects after the application has been received.

(4) When the EDU determines that the application is complete, the EDU will issue a notice of receipt with the following:

(a) A copy of the applicable review process.

(b) A target date for processing the application.

(5) When the EDU determines that the application is incomplete, the EDU will issue a notice of receipt with the following:

(a) A copy of the applicable review process.

(b) A checklist or description of the information needed to complete the application.

(6) Upon receiving any necessary application materials missing from the original application, the EDU shall provide the applicant with a second, written or email notice establishing a target date for processing the application.

(7) If an EDU determines that it cannot connect the applicant's facility within the time frames stated in this chapter, it will notify the applicant in writing of that fact within fourteen calendar days after the complete application has been received. The notification must include the following:

(a) The reason or reasons interconnection service could not be performed within the time frames stated in this rule.

(b) An alternative date for interconnection service.

(8) If an applicant fails to respond to two fifteen-day notices to continue or complete the application, the EDU may deem the application to be withdrawn sixty calendar days from the date of initial application.

(D) Compliance with national industry standards

An EDU shall file tariffs for uniform interconnection service with the commission that are consistent with the TIIR filing approved under rule 4901:1-22-03 of the Administrative Code.

(E) Metering

Any metering installation, testing, or recalibration performed by the EDU at the request of the applicant for installation of the applicant's DER shall be provided consistent with the electric service and safety standards pursuant to Chapter 4928. of the Revised Code, and rule 4901:1-10-05 and, as applicable, paragraph (B) of rule 4901:1-10-28 of the Administrative Code. Interconnection requested by the applicant for the purposes of net metering must follow the commission's net metering rules promulgated pursuant to division (A)(31) of section 4928.01 of the Revised Code. Any exception to the net metering rules shall be implemented in accordance with any special metering or communication infrastructure ordered by the commission.

(F) Disposal of excess energy produced by the applicant's DER

(1) Self-generators seeking interconnection that may sell excess electricity to retail electric service providers as a competitive service, to the extent not preempted by federal law, must first seek certification from the commission consistent with section 4928.08 of the Revised Code.

(2) An applicant requesting interconnection for the purpose of selling energy as a sale for resale or as a wholesale transaction may be subject to applicable rules for regional interstate sales at wholesale prices in markets operated by independent transmission system operators or regional transmission operators under the jurisdiction of the federal energy regulatory commission.

(G) Construction or system upgrades of the EDU's system

(1) Where construction or system upgrades of the EDU's system are required by the applicant's installation of a DER, the EDU shall provide the applicant with an estimate of the timetable and the applicant's cost for the construction or system upgrades, consistent with the provisions of this chapter.

(2) All construction or distribution system upgrade costs are the interconnection applicant's responsibility.

(3) If the applicant desires to proceed with the construction or system upgrades, the applicant and the EDU shall enter into a contract for the completion of the construction or system upgrades.

(4) All construction and system upgrade cost estimates shall be clearly identified and invoices itemized.

(5) Interconnection service shall take place no later than fourteen calendar days following the completion of such construction or system upgrades, unless necessary inspections outside the control of the EDU cannot be completed within the allocated fourteen-day period.

Last updated July 20, 2026 at 10:42 AM

History

Effective: July 20, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-22-05 Application requirements for interconnection.

(A) Application forms

(1) Each applicant for interconnection to an EDU's system shall complete an application. Such application should properly identify the applicant's name, service address, and account number to be considered complete and subject to review by the EDU.

(2) The application should be submitted to the EDU serving the area where the DER is located. It should not be sent to the commission for the purposes of review and approval. Application forms are available on each EDU's website. The application form shall follow the format and content set forth on the commission's website, or in a format otherwise approved by the commission.

(B) DER equipment

(1) Each applicant shall provide to the EDU in writing a description of the applicant's DER that identifies the following:

(a) The applicant's equipment package, which is considered certified for interconnected operation if it is listed by a nationally recognized testing and certification laboratory for continuous interactive operation with a utility grid and type-tested consistent with the applicable codes and standards set forth in rule 4901:1-22-03 of the Administrative Code. An applicant's equipment package shall include the following:

(i) All interface components including switchgear, inverters, or other interface devices.

(ii) Access for the EDU for commissioning purposes.

(iii) A schedule for periodic compliance testing.

(b) The integrated generator or electric source to be used with the equipment package that meets the following criteria:

(i) Compatibility with the equipment package.

(ii) Consistency with the testing and listing specified for the equipment package.

(i) The disconnect switch is capable of isolating the DER for the purposes of safety during EDU system maintenance and during emergency conditions.

(ii) The disconnect switch should be located externally to the equipment package and be accessible to and lockable by EDU personnel, within an acceptable distance of the meter as determined by the EDU, at either the primary voltage level, which may include load-break cutouts, switches, and elbows, or at the secondary voltage level, which may include a secondary breaker or switch.

(iii) The disconnect switch is clearly labeled as a DER disconnect switch.

(iv) The disconnect switch will be provided, installed, and paid for by the applicant, whether it is an integrated feature of the equipment package or a compatible external device.

(d) For solar equipment, the photovoltaic power source and interconnecting inverter shall be clearly labeled in accordance with the standards listed in rule 4901:1-22-03 of the Administrative Code to identify the following:

(i) Nominal current.

(ii) Nominal voltage.

(iii) Maximum short-circuit current.

(2) Certified equipment does not include equipment provided by the EDU.

(1) Each applicant shall pay the interconnection fees in accordance with the EDU's tariff for the review and processing of an application, established at levels consistent with the DER size and technology as well as the location of the interconnection on the electric distribution system.

(2) The EDU's review processing fee levels will apply in accordance with the EDU's tariff to all interconnections, including those for the purposes of net metering, combined heat and power or waste heat from industrial processes, as well as any interconnections used for energy efficiency or the promotion and utilization of renewable or clean secondary fuels.

(3) Exception to the fee schedule may be determined by the EDU if the EDU invokes a fee-free feature on a nondiscriminatory basis.

(D) Material modifications

(1) At any time after an interconnection application is deemed complete, if the applicant wishes to make a modification to the application or proposed DER facility, the applicant must submit the details of the modification and any associated updated specifications or drawings to the EDU in order for the EDU to determine if the modifications are material. The EDU will make a determination within fourteen calendar days of receipt of the modification information.

(2) If the changes are determined by the EDU to be material, the applicant must submit a revised interconnection application which will be reviewed consistent with the process defined in paragraph (C) of rule 4901:1-22-04 of the Administrative Code. No material modifications may be made without approval of the revised interconnection application.

(3) Nothing in this rule prohibits an applicant from taking actions necessary to prevent harm to human health or safety or to prevent harm to the environment. An applicant may perform such actions that will result in a material modification to an existing DER facility only if the applicant submits a summary of the activities to the EDU within twenty-four hours of the action and the permittee submits a revised interconnection application to the EDU within five calendar days of the event that posed a threat to human health or safety or to the environment, or within another time frame as agreed to by the EDU. The revised interconnection application will be reviewed consistent with the process defined in paragraph (C) of rule 4901:1-22-04 of the Administrative Code.

Last updated July 20, 2026 at 10:42 AM

History

Effective: July 20, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-22-06 Level 1 review procedure.

(A) Level 1 qualifying criteria

In order for the application to be reviewed by the EDU under the level 1 review procedure, the applicant's DER must meet the following requirements:

(1) The DER uses inverter-based equipment that is certified in compliance with the IEEE and UL standards set forth in rule 4901:1-22-03 of the Administrative Code.

(2) The DER has an export capacity of twenty-five kilowatts or less.

(B) Level 1 approval criteria

(1) The EDU shall approve an application for interconnection under level 1 review procedures if the DER meets the following criteria:

(a) The applicant's proposed DER's point of common coupling is not on a transmission line or on a non-radial distribution circuit that is operated like a transmission line and served from a multi-sourced utility supply.

(b) For interconnection of a proposed DER to a radial distribution circuit, the aggregated generation, including the proposed DER, on the circuit shall not exceed one hundred per cent of the line section's Relevant Minimum Load as most recently measured at the substation or calculated for the line section.

(c) The proposed DER, in aggregation with other generation on the distribution circuit, shall not contribute more than ten per cent to the distribution circuit's maximum fault current at the point on the high voltage (primary) level nearest the proposed point of common coupling.

(d) For interconnection of a proposed DER to the load side of spot network protectors, the proposed DER must utilize an inverter-based equipment package and, aggregated together with other inverter-based generation, shall not exceed the smaller of five percent of a spot network's maximum load or fifty kilowatts.

(e) Direct current injection shall be maintained at or below five-tenths of a percent of full rated inverter output current into the point of common coupling.

(f) When a proposed DER is single phase and is to be interconnected on a center tap neutral of a two hundred forty volt service, its addition shall not create an imbalance between the two sides of the two hundred forty volt service of more than twenty percent of the nameplate rating of the service transformer.

(g) The proposed DER installation is certified to pass an applicable non-islanding test, or uses reverse power relays or other means to meet the unintentional islanding requirements of IEEE standard 1547, effective as set forth in rule 4901:1-22-03 of the Administrative Code.

(h) The proposed DER installation complies with applicable codes and standards, effective as set forth in rule 4901:1-22-03 of the Administrative Code.

(2) Having complied with the parameters set forth in paragraph (B)(1) of this rule, the applicant's proposed DER installation requires no further study by the EDU for the purpose of interconnection to the EDU's distribution system.

(1) Within twenty-one calendar days, or thirty calendar days for hybrid facilities, after the EDU notifies the applicant that it has received a complete short form interconnection service application, the EDU shall perform a review using the criteria set forth in paragraph (B)(1) of this rule, shall notify the applicant of the results, and shall include with the notification copies of the analysis and data underlying the EDU's determinations under the criteria.

(2) If the proposed interconnection fails one or more of the screening criteria, the EDU may, at its discretion, work with the applicant to modify the application to comply; otherwise, the application shall be denied. At the applicant's request, the EDU shall provide copies of the analysis and data underlying the EDU's determinations under the criteria. Upon denial of the level 1 interconnection request, the applicant may elect to submit a new application for consideration under level 2 or level 3 review procedures. If the new application is submitted within fourteen calendar days, the queue position assigned to the level 1 application shall be retained.

(3) If the proposed interconnection meets the screening criteria, the application shall be approved and the EDU will provide the applicant a standard interconnection agreement within ten calendar days after the determination. The standard interconnection agreement shall be consistent with the uniform requirements for an interconnection agreement in rule 4901:1-22-10 of the Administrative Code, and include a timetable for the physical interconnection of the applicant's proposed DER to the EDU's system.

(D) Level 1 application fee

The EDU's tariff for a level 1 fee shall not exceed fifty dollars and may be waived.

Last updated July 20, 2026 at 10:42 AM

History

Effective: July 20, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-22-07 Level 2 review procedure.

(A) Level 2 qualifying criteria

In order for the application to be reviewed by the EDU under the level 2 review procedure, the applicant's DER must meet the following requirements:

(1) The DER utilizes inverter-based equipment that is certified in compliance with the IEEE and UL standards set forth in rule 4901:1-22-03 of the Administrative Code.

(2) The DER does not meet the level 1 interconnection review requirements.

(3) The DER export capacity does not exceed the limits identified in the table below, which vary according to the voltage of the line at the proposed point of interconnection.

| Line Voltage | Export Capacity | | --- | --- | | less than or equal to 5kV | less than or equal to 500 kW | | 5kV less than or equal to 15 kV | less than or equal to 2MW | | 15 kV less than or equal to 69 kV | less than or equal to 3MW |

(B) Level 2 approval criteria

(1) The EDU shall approve an application for interconnection under level 2 review procedures if the DER meets the following criteria:

(a) The proposed DER's point of common coupling is not on a transmission line or on a non-radial distribution circuit that is operated like a transmission line and served from a multi-sourced utility supply.

(b) The proposed DER complies with applicable codes and standards, effective as set forth in rule 4901:1-22-03 of the Administrative Code.

(c) The proposed DER is not located in an area where there are known or posted transient stability limitations to generating units located in the general electrical vicinity (for example, three or four distribution busses from the point of interconnection), or the proposed DER shall not have interdependencies, known to the EDU, with earlier queued transmission system interconnection requests. The EDU shall not disclose confidential information in the application of this screen.

(d) For interconnection of a proposed DER to a radial distribution circuit, the aggregated generation, including the proposed DER, on the circuit shall not exceed one hundred per cent of the line section's relevant minimum load as most recently measured at the substation or calculated for the line section. The application of this screen addresses back feed and islanding conditions.

(e) The proposed DER, in aggregation with other DER generation on the distribution circuit, shall not contribute more than ten per cent to the distribution circuit's maximum fault current at the point on the primary voltage distribution line nearest the point of common coupling.

(f) The proposed DER, in aggregation with other DER generation on the distribution circuit, may not cause any distribution protective devices and equipment including substation breakers, fuse cutouts, and line reclosers, or other customer equipment on the electric distribution system, to be exposed to fault currents exceeding ninety per cent of the short circuit interrupting capability; nor shall an application requesting interconnection on a circuit that already exceeds ninety per cent of the short circuit interrupting capability be approved.

(g) When a proposed DER is single phase and is to be interconnected on a center tap neutral of a two hundred forty volt service, its addition shall not create an imbalance between the two sides of the two hundred forty volt service of more than twenty per cent of the nameplate rating of the service transformer.

(h) The proposed DER shall be interconnected to the EDU's primary distribution system as follows:

| Primary Distribution Line Configuration | Type of Interconnection to Primary Distribution Line | | --- | --- | | Three phase, three wire | If a three-phase or single-phase DER, interconnection must be phase-to-phase | | Three phase, four wire | If a three-phase (effectively grounded) or single phase DER, interconnection must be line-to-neutral |

(i) A review of the type of electrical service provided to the applicant, including line configuration and the transformer connection, will be conducted to limit the potential for creating over voltages on the EDU's electric distribution system due to a loss of ground during the operating time of any anti-islanding function.

(j) When the proposed DER is to be interconnected on single-phase shared secondary line, the aggregate DER generation capacity on the shared secondary line, including the proposed DER, will not exceed sixty-five per cent of the transformer nameplate rating.

(k) For interconnection of a proposed DER to the load side of spot or area network protectors, the proposed DER must utilize an inverter-based equipment package and, aggregated with other inverter-based generation, shall not exceed the lesser of five per cent of a spot or area network's maximum load or fifty kilowatts.

(l) Construction of facilities by the EDU on its own system is not required to accommodate the DER.

(1) Within thirty calendar days after the EDU notifies the applicant it has received a complete application, the EDU shall perform an initial review using the criteria set forth in paragraph (B) of this rule and shall notify the applicant of the results.

(2) If the proposed interconnection meets the screening criteria, the application shall be approved and the EDU will provide the applicant a standard interconnection agreement within ten calendar days after the determination. The standard interconnection agreement shall be consistent with the uniform requirements for an interconnection agreement enumerated in rule 4901:1-22-10 of the Administrative Code, and include a timetable for the physical interconnection of the applicant's proposed DER to the EDU's system.

(3) If the proposed interconnection fails to meet the screening criteria, but the EDU determines that the proposed DER may nevertheless be interconnected consistent with safety, reliability, and power quality standards, the EDU shall provide the applicant a standard interconnection agreement within ten calendar days after the determination and include a timetable for the physical interconnection of the applicant's proposed DER to the EDU's system.

(4) If the proposed interconnection fails to meet the screening criteria and the EDU determines that minor modifications or further study are required to interconnect the proposed DER to the EDU's system consistent with safety, reliability, and power quality standards, the EDU shall:

(a) Offer to perform facility modifications or minor modifications to the EDU's electric system (e.g., change meters, fuses, relay settings), or,

(b) Offer to perform further study if the EDU concludes that further study might determine that the proposed DER could continue to qualify for interconnection pursuant to the level 2 review process, or,

(5) At the applicant's request, the EDU shall provide copies of the analysis and the data underlying the EDU's determinations that minor modifications or further study is required.

(D) Facility or minor system modifications

(1) If facility modifications or minor system modifications are required to allow the proposed DER to be interconnected consistent with safety, reliability, and power quality standards under these procedures, the EDU shall provide the applicant with a non-binding good faith estimate of the cost to make such modifications.

(2) If the interconnection customer agrees to pay for the modifications to the EDU's system, the EDU shall provide the applicant with a standard interconnection agreement within ten calendar days. The standard interconnection agreement shall be consistent with the uniform requirements for an interconnection agreement enumerated in rule 4901:1-22-10 of the Administrative Code, and include a timetable for the physical interconnection of the applicant's proposed DER to the EDU's system.

(E) Level 2 fees

The EDU's tariff for level 2 review processing fees will include an application fee of up to one hundred dollars, plus one dollar per kilowatt of the DER's export capacity rating.

Last updated July 20, 2026 at 10:42 AM

History

Effective: July 20, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-22-08 Level 3 review procedure.

(A) Level 3 review qualifying criteria

In order for the application to be reviewed by the EDU under the level 3 review procedure, one of the following conditions must apply:

(1) The DER does not qualify or failed to meet the level 1 or level 2 interconnection review requirements.

(2) The DER does not utilize equipment that is certified in compliance with the IEEE and UL standards as set forth in rule 4901:1-22-03 of the Administrative Code.

(B) Level 3 approval criteria

(1) Level 3 review procedure uses the determinations made in the scoping meeting and any feasibility, system impact, or facilities study defined in rule 4901:1-22-09 of the Administrative Code for technical analysis of the applicant's proposed DER installation.

(2) The EDU shall approve an application for interconnection under level 3 review procedures if the EDU determines that the safety and reliability of the public utility's transmission or distribution system will not be compromised by interconnecting with the generation facility.

Within a maximum of three hundred and sixty-five calendar days (i.e., one year) after the EDU notifies the applicant it has received a complete application, inclusive of the scoping meeting and any studies defined in rule 4901:1-22-09 of the Administrative Code and their associated timeframes, the EDU shall perform a review and notify the applicant of the results.

(D) Level 3 fees

(1) The EDU's tariff for level 3 review fees will include the following:

(a) An application fee of up to one hundred dollars, plus one dollar per kilowatt of the system's export capacity.

(b) The cost of engineering work done as part of any feasibility, system impact or facilities study, billed at actual cost.

(c) The actual cost of any modifications of the EDU's system that would otherwise not be done but for the applicant's interconnection request.

(2) Within fourteen calendar days after completion of the level 3 review including any applicable feasibility, system impact or facilities studies leading to the EDU's approval for interconnection of the applicant's proposed DER installation, the EDU shall invoice the applicant for the actual costs of the studies. Within ten calendar days of collection by the EDU of the invoice for the actual costs of the studies, the EDU shall provide the applicant with a standard interconnection agreement.

Last updated July 20, 2026 at 10:43 AM

History

Effective: July 20, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-22-09 Scoping meeting and interconnection studies.

(A) Scoping meeting

(1) A scoping meeting will be held within thirty calendar days after the interconnection application is deemed complete, or as otherwise mutually agreed to by the parties. The EDU and the applicant may bring to the meeting personnel, including system engineers and other resources as may be reasonably required to accomplish the purpose of the meeting.

(2) The purpose of the scoping meeting is to discuss alternative interconnection options, to determine potential points of common coupling, to examine the applicant's proposed generator connection, or to review an applicant's pre-application report or existing studies relevant to the interconnection application. The parties shall further discuss the appropriate interconnection studies required to evaluate the interconnection of the proposed DER to the EDU's system.

(3) The scoping meeting may be waived by mutual agreement if the parties decide to proceed directly to the interconnection studies.

(B) Queuing

(1) When an interconnection request is complete, the EDU shall assign the application a queue position to establish the order in which the interconnection request will be reviewed in relation to other interconnection requests on the same or nearby sections of the EDU's system.

(2) The queue position of an interconnection request shall be used to determine the cost responsibility necessary for the construction of any facilities to accommodate the interconnection in relation to other interconnection requests on the same or nearby sections of the EDU's system.

(3) The EDU shall notify the applicant at the scoping meeting about other higher-queued applicants.

(1) One or more interconnection studies may be required by the EDU prior to interconnection of a level 3 DER including a feasibility study, a system impact study, and a facilities study.

(2) Each type of study required will include an EDU interconnection tariff fee schedule approved by the commission as set forth in rule 4901:1-22-08 of the Administrative Code.

(3) Each type of study will be the subject of a written study agreement between the applicant and the EDU that includes the following:

(a) A target date for completion of the study.

(b) A provision to share the results of the study by the EDU with the applicant.

(d) A good faith estimate of the total number of hours needed to complete the study.

(e) An estimate of the total interconnection study fee.

(4) A written study agreement may include an alternative provision that allows the required studies related to the interconnection of the DER to be conducted by a qualified third party with the consent of the EDU.

(5) By mutual agreement of the parties, a feasibility study, a system impact study, or a facilities study under level 3 procedures may be waived by the EDU.

(6) When the EDU determines, as a result of the studies conducted under a level 3 review, that it is appropriate to interconnect the DER, the EDU shall provide the applicant with a standard interconnection agreement.

(7) If the interconnection request is denied, the EDU shall provide a written explanation within seven calendar days from the denial. An applicant has thirty calendar days to cure the reasons for denial while the applicant's position in the queue is maintained.

(D) The feasibility study

(1) No later than ten calendar days after the scoping meeting or waiver of the scoping meeting, the EDU shall provide the applicant with a feasibility study agreement in accordance with the EDU's tariff to determine the feasibility of interconnecting the applicant's proposed DER at a particular point on the EDU's system. The feasibility study agreement shall include the following:

(a) An outline of the scope of the study.

(b) A non-binding good faith estimate of the cost to perform the study.

(2) The applicant has fourteen calendar days to request to waive or return the executed feasibility study agreement or the application will be deemed withdrawn.

(3) The EDU has thirty calendar days to conduct the feasibility study.

(4) A feasibility study shall include the following analyses for the purpose of identifying a potential adverse system impact to the EDU's system that would result from the interconnection:

(a) Initial identification of any circuit breaker short circuit capability limits exceeded as a result of the interconnection.

(b) Initial identification of any thermal overload or voltage limit violations resulting from the interconnection.

(d) A description and nonbinding estimated cost of facilities required to interconnect the DER to the EDU's system in a safe and reliable manner.

(5) When an applicant requests that the feasibility study evaluate multiple potential points of interconnection, additional evaluations may be required.

(6) The applicant is responsible for the actual cost of the EDU's additional evaluations.

(E) The system impact study

(1) No later than ten calendar days after the completion or waiver of the feasibility study, the EDU shall provide a distribution system impact study agreement to the applicant, using a form of system impact study agreement in accordance with the EDU's tariff that includes an outline of the scope of the study and a nonbinding good faith estimate of the cost to perform the study.

(2) If the feasibility study concludes there is no adverse system impact, or the study identifies an adverse system impact but the EDU is able to identify a remedy, no system impact study is necessary.

(3) The applicant has twenty-one calendar days to request to waive or return the executed system impact study agreement or the application will be deemed withdrawn.

(4) The EDU has one hundred five calendar days (i.e., fifteen weeks) to conduct the system impact study.

(5) A system impact study evaluates the impact of the proposed interconnection on the safety and reliability of the EDU's system. The purpose of the system impact study is to:

(a) Identify and detail the system impacts that result when a DER is interconnected without project or system modifications.

(b) Consider the adverse system impacts identified in the feasibility study, or potential impacts including those identified in the scoping meeting.

(c) Consider all DERs that, on the date the system impact study is commenced, are directly interconnected with the EDU's system.

(d) Consider the impact of pending higher-queued interconnection applications to the system as well as the position of facilities having a signed interconnection agreement that are not yet online.

(6) A system impact study performed by the EDU shall consider the following criteria:

(a) A load flow study.

(b) A short circuit analysis.

(d) Voltage drop and flicker studies.

(e) Protection and set point coordination studies.

(f) Grounding reviews.

(7) The EDU shall state the underlying assumptions of the study and show the results of the analyses to the applicant, including the following:

(a) Any potential impediments to providing the requested interconnection service.

(b) Any required distribution system upgrades and a nonbinding good faith estimate of cost and time to construct the system upgrades.

(F) The facilities study

(1) Within ten calendar days of completion or waiver of the system impact study, the EDU shall provide to the applicant a facilities study agreement in accordance with the EDU's interconnection tariff that enables the EDU to determine the interconnection facilities needed to interconnect the applicant's proposed DER at a particular point on the EDU's system.

(2) The applicant has twenty-one calendar days to request to waive or return the executed facilities study agreement or the application will be deemed withdrawn.

(3) The EDU has one hundred five calendar days (i.e., fifteen weeks) to conduct the facilities study.

(4) The facilities study agreement shall include both of the following:

(a) An outline of the scope of the study.

(b) A nonbinding good faith estimate of the cost to perform the facilities study to cover the cost of the equipment, engineering, procurement and construction work, including overheads, needed to implement the conclusions of the feasibility study and/or the system impact study to interconnect the DER.

(5) The facilities study shall identify all of the following:

(a) The electrical switching configuration of the equipment, including transformer, switchgear, meters, and other station equipment.

(b) The nature and estimated cost of the EDU's interconnection facilities and distribution upgrades necessary to accomplish the interconnection.

(6) The parties may agree to permit an applicant to separately arrange for a third party to design and construct the required interconnection facilities under the following conditions:

(a) The EDU may review the facilities to be designed and constructed by a third party under provisions included in the facilities study agreement for that purpose.

(b) The applicant and the third party separately arranging for design and construction agree to comply with security and confidentiality requirements.

(c) The EDU shall provide the applicant with all relevant information and required specifications, including make and/or model of equipment where necessary, available to permit the applicant to obtain an independent design and cost estimate for the facilities, which must be built in accordance with the specifications.

Last updated July 20, 2026 at 10:43 AM

History

Effective: July 20, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-22-10 Uniform requirements for interconnection agreements.

(A) The EDU shall provide the applicant with a standard interconnection agreement for the DER within ten calendar days following completion of project review. If applicable, the applicant is responsible for the cost of the interconnection facilities and distribution upgrades identified in the facilities study.

(B) The applicant shall have thirty calendar days or another mutually agreeable time frame after the standard interconnection agreement is received to sign and return the interconnection agreement to the EDU.

(C) If the applicant does not sign the agreement within thirty calendar days, the interconnection request will be deemed withdrawn unless the applicant requests an extension of the deadline in writing. The request for extension shall not be denied by the EDU, unless conditions on the EDU system have changed or the EDU determines that the extension will adversely impact one or more queued projects.

(D) Milestones for construction

(1) When construction is required, the interconnection of DER will proceed according to any milestones agreed to by the parties in the standard interconnection agreement.

(2) The interconnection agreement is not effective until the milestones agreed to in the standard interconnection agreement are satisfied, including the following:

(a) The DER is approved by electric code officials with jurisdiction over the interconnection.

(b) The applicant provides a certificate of completion to the EDU; or there is a successful completion of an on-site operational test within fourteen calendar days or at a mutually convenient time, unless waived. The operational test shall be observed by EDU personnel or a qualified third party with sufficient expertise to verify that the criteria for testing have been met.

(E) Insurance

(1) Any EDU interconnection agreement with the applicant shall not require additional liability insurance beyond proof of insurance or any other suitable financial instrument sufficient to meet its construction, operating and liability responsibilities in accordance with the EDU's tariff with respect to this rule. Proof of insurance may be requested by the EDU at any time.

(2) At no time shall the EDU require the applicant to negotiate any policy or renewal of any policy covering any liability through a particular insurance agent, solicitor, or broker.

(F) Alternative dispute resolution

The EDU or the applicant who is a nonmercantile, nonresidential customer may seek resolution of any disputes which may arise out the EDU tariffs filed under these rules, in accordance with Chapter 4901:1-26 of the Administrative Code, for alternative dispute resolution procedures.

(G) Site testing

The applicant must provide the EDU a reasonable opportunity to witness the testing of installed switchgear, protection system, and generator as included in the applicant's installation test plan and maintenance schedule that has been reviewed and approved by the EDU.

(H) Periodic testing

(1) The applicant is responsible for any periodic tests of the interconnection equipment (including any relays, interrupting devices, control schemes, and energy storage technology that involve protection of the EDU's system) as recommended by the applicant's equipment manufacturer or required by the IEEE Std 1547, effective as set forth in rule 4901:1-22-03 of the Administrative Code.

(2) Such periodic tests shall be included in the applicant's installation test plan and maintenance schedule that has been reviewed and approved by the EDU.

(3) The applicant shall make copies of the periodic test reports or inspection logs available to the EDU for review.

(4) Upon a written request, the EDU is to be informed of the next scheduled maintenance and be able to witness the maintenance program and any associated testing.

(I) Disconnection of the applicant's facility

Except as provided for in paragraph (J)(2) of this rule, when the EDU discovers the applicant's equipment is not in compliance with IEEE Std 1547, effective as set forth in rule 4901:1-22-03 of the Administrative Code, and such noncompliance has the potential to adversely affect the safety and reliability of the electric system, the EDU may disconnect the applicant's facility according to the following procedures:

(1) The EDU shall provide a notice to the applicant with a description of the specific noncompliance condition.

(2) The disconnection can only occur after a reasonable time to cure the noncompliance condition has elapsed.

(J) Other disconnection of the unit

(1) The applicant retains the option to temporarily disconnect from the EDU's system at any time. Such temporary disconnection does not constitute a termination of the interconnection agreement unless the applicant exercises its termination rights under the interconnection agreement.

(2) The EDU shall have the right to disconnect the applicant's unit(s) without notice in the event of an emergency or to eliminate conditions that constitute a potential hazard to the EDU personnel or the general public. The EDU shall notify the applicant of the emergency as soon as circumstances permit.

(K) Service interruption

During routine maintenance and repairs on the EDU's system consistent with Chapter 4901:1-23 of the Administrative Code, or other commission order, the EDU shall provide the applicant with a five-business-day notice of service interruption.

(L) Effective term and termination rights of an interconnection agreement

(1) An interconnection agreement becomes effective when executed by both parties and continues until terminated under any of the following conditions:

(a) The applicant terminates the interconnection agreement at any time by giving the EDU sixty calendar days prior notice.

(b) The EDU terminates the interconnection agreement upon failure of the applicant to generate or discharge energy from the applicant's DER in parallel with the EDU's system by the later of two years from the date of the executed interconnection agreement or twelve months after completion of the interconnection.

(c) Either party terminates by giving the other party at least sixty calendar days prior written notice that the other party is in default of any of the material terms and conditions of the interconnection agreement, so long as the notice specifies the basis for the termination and there is reasonable opportunity to cure the default.

(2) All applicants' installations existing on or before the effective date of this rule are exempted from the changes instituted by this rule.

(3) Upon termination of an interconnection agreement, the applicant's facilities will be disconnected from the EDU's system.

(4) The termination of the interconnection agreement does not relieve either party of its liabilities and obligations, owed or continuing at the time of the termination.

Last updated July 20, 2026 at 9:05 AM

History

Effective: July 20, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-22-11 Backup electricity supply.

Replacement electric power for the applicant shall be supplied in accordance with division (C) of section 4928.15 of the Revised Code, by either of the following:

(A) The EDU either at a tariff rate or at the market price as provided for in its tariff.

(B) By the applicant's competitive retail electric service provider at a rate to be determined by contract.

Last updated May 11, 2026 at 12:59 PM

History

Effective: July 10, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-22-12 Complaints.

All formal complaints brought by applicants or interconnection service customers pursuant to section 4905.26 of the Revised Code, will be handled according to the procedural standards set forth in Chapters 4901-1 and 4901-9 of the Administrative Code. Each EDU must provide to the commission the name and telephone number of a contact person to assist the commission staff with the resolution of informal complaints regarding provisions in Chapter 4901:1-22 of the Administrative Code.

Last updated May 11, 2026 at 12:59 PM

History

Effective: June 1, 2022
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-22-13 Exceptions.

Except where rule requirements are mandated by federal or state law, the commission may waive any provision contained in this chapter for good cause upon its own motion or upon application by a company.

Last updated May 11, 2026 at 12:59 PM

History

Effective: October 22, 2007
Promulgated Under: 111.15

Chapter 4901:1-23 Electric Reliability, Customer Service and Safety

Ohio Adm.Code 4901:1-23-01 Purpose and scope.

(A) The rules contained in this chapter prescribe procedures for staff of the public utilities commission of Ohio to administer and enforce the electric reliability, customer service, and safety code set forth in Chapters 4901:1-21 and/or 4901:1-10 of the Administrative Code and commission orders issued thereunder.

(B) This chapter also governs customer service, reliability, and safety proceedings of the public utilities commission of Ohio to:

(1) Investigate and determine an electric utility's or competitive retail electric service provider's compliance with Chapters 4901:1-21 and/or 4901:1-10 of the Administrative Code and commission orders issued thereunder.

(2) Review settlement agreements and approve stipulations by the staff and the electric utility or competitive retail electric service provider.

(3) Issue and enforce compliance orders.

(4) Assess forfeitures.

(5) Direct the attorney general to seek enforcement of commission orders, including orders authorizing forfeitures, and appropriate remedies in court to protect the public safety, reliability, and customer service.

(1) "Commission" means the public utilities commission of Ohio.

(2) "Competitive retail electric service provider" means a provider of competitive retail electric service, subject to certification under section 4928.08 of the Revised Code.

(3) "Electric utility" includes electric distribution utilities, as that term is defined in division (A)(6) of section 4928.01 of the Revised Code, and electric transmission owners.

(4) "Staff" means the commission staff or its authorized representative.

(D) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

Last updated July 31, 2024 at 1:55 PM

History

Effective: June 29, 2009
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-23-02 Staff notice of probable noncompliance, proposed corrective action, and proposed forfeiture.

(A) After an inspection, investigation, or complaint, a staff notice of probable noncompliance may be issued. The staff notice of probable noncompliance may be issued with a proposed corrective action and/or a proposed forfeiture;

(B) The staff may issue an amended notice of probable noncompliance, proposed corrective action, or proposed forfeiture at any time prior to the commencement of a compliance proceeding or other commission proceeding brought pursuant to rule 4901:1-23-05 of the Administrative Code, in order to modify or include additional probable noncompliance or violations, facts, proposed forfeitures, and proposed compliance orders. Once the commission initiates a compliance or other proceeding pursuant to rule 4901:1-23-05 of the Administrative Code, this rule does not prevent the staff during the course of such proceeding, from seeking a finding of violations not listed in the staff notice or amended staff notice of probable noncompliance (or rescinding or refraining from seeking a finding of violations) or from seeking a corrective action or proposed forfeiture that varies from previous staff notices issued under this rule, provided that the staff's proposed findings and/or violations relate to the same incident, type of incident, investigation, or audit(s).

Last updated July 15, 2024 at 9:12 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-23-03 Service of staff notices of probable noncompliance, proposed corrective action, and proposed forfeiture.

(A) Staff notices of probable noncompliance, proposed corrective actions, proposed forfeitures, and amendments thereto under rule 4901:1-23-02 of the Administrative Code and investigative reports under rule 4901:1-23-05 of the Administrative Code shall be served on the electric utility or competitive retail electric service (CRES) provider by certified United States mail. Service is effective upon receipt by any employee, agent of, or person designated by the electric utility or CRES provider. Unless otherwise provided in this paragraph, service upon an electric utility or CRES provider shall be made at the address designated as the service address in the company's most recent annual financial report, in its certification application, or certification renewal application.

(B) Each electric utility or CRES provider shall provide the commission with its current service address. If the service address has changed since the most recent annual report was submitted to the commission, or the service address or business address has not been disclosed to the commission, service shall be made at any business address known to the commission.

(C) If the service envelope is returned with an endorsement showing failure of delivery, then service may be made by ordinary United States mail and is effective on the date of mailing.

Last updated July 31, 2024 at 1:55 PM

History

Effective: June 29, 2009
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-23-04 Settlement agreements and stipulations.

(A) If staff and the electric utility or competitive retail electric service (CRES) provider reach agreement regarding the violation of a rule within this chapter or Chapter 4901:1-21 or 4901:1-10 of the Administrative Code, the violation of a commission order, a proposed corrective action or remedy, or the amount of a forfeiture or other payment, then the agreement must be reduced to writing in a settlement agreement. Such agreement shall be signed by an officer of the company or its attorney and the assistant attorney general who serves as legal counsel for staff. Except as otherwise provided in paragraph (B) of this rule, the settlement agreement will not be effective until both of the following have occurred:

(1) The stipulation is filed with the commission for approval pursuant to a compliance or other proceeding.

(2) The stipulation is determined to be reasonable by, approved by, and made the order of the commission.

(B) If the settlement agreement provides for the payment of a forfeiture or other payment by an electric utility or CRES provider of ten thousand dollars or less, the agreement shall be deemed accepted by the commission and fully enforceable upon the electric utility or CRES provider upon its execution.

(C) Unless contained in or otherwise provided in a stipulation, no statement or conduct during settlement negotiations is admissible in any commission proceeding regarding the noncompliance.

(D) Where an electric utility or competitive retail electric service provider has demonstrated to the staff's satisfaction, as confirmed in writing by the staff, that the violation(s) listed in the staff notice (or amended staff notice) of probable noncompliance or investigative report has been corrected and where the company submits full payment of the proposed forfeiture prior to the execution of a written settlement agreement or final commission order, the violation(s) listed in such staff notice of probable noncompliance or investigative report shall only be considered by the commission as part of the company's history of violations in determining the appropriate forfeiture or corrective action for any future violation. If a company pays a proposed forfeiture of more than one thousand dollars without executing a written settlement agreement, the payment shall be fully effective when approved by and made the order of the commission.

Last updated July 15, 2024 at 9:12 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-23-05 Commission proceedings.

(A) The commission may initiate a compliance or other proceeding upon its own initiative, or after an incident has occurred, after a complaint is filed pursuant to section 4905.26 of the Revised Code, or after a staff notice of probable noncompliance is served.

(B) Such compliance or other proceedings will be conducted in accordance with Chapter 4901-1 of the Administrative Code.

(C) Unless otherwise ordered by the commission or an attorney examiner assigned to the proceeding, the staff shall file with the commission and serve upon the electric utility or competitive retail electric service (CRES) provider a written report of investigation (investigative report) in each proceeding, within forty-five calendar days after the commission issues an entry initiating a compliance proceeding. The investigative report shall present:

(1) The findings on any alleged noncompliance specified in any staff notice or amended staff notice, which may include:

(a) Noncompliances not included in any staff notice or amended staff notice, provided that such additional noncompliances relate to the same incident, investigation, or safety audit(s) referenced in the initial or amended staff notice.

(b) Staff's findings on the electric utility or CRES provider's practices and policies.

(2) Staff's recommendations for commission action.

(D) The commission shall hold an evidentiary hearing on all proceedings initiated under this rule. The hearing may include evidence on the issues of proposed corrective action, compliance orders issued by the commission, forfeitures, enforcement of a commission order, and other remedies.

(E) If, after a hearing, the commission finds an electric utility or CRES provider has violated or is violating Chapter 4928. of the Revised Code, or Chapter 4901:1-21 or 4901:1-10 of the Administrative Code, this chapter, or any order adopted thereunder, the commission, by order:

(1) Shall require the electric utility or CRES provider to comply with Chapter 4928. of the Revised Code, Chapter 4901:1-21 or 4901:1-10 of the Administrative Code, this chapter, or any commission order thereunder, and to undertake corrective action necessary to protect the public safety, reliability, and customer service. The commission is not restricted in the making of the compliance order by the terms of any proposed corrective action and/or forfeiture by staff.

(2) May assess forfeitures upon an electric utility or CRES provider of not more than ten thousand dollars for each day of each violation.

(3) May direct the attorney general to seek enforcement of commission orders, including orders authorizing forfeitures, and appropriate remedies in court.

(4) May determine other appropriate remedies to protect the public safety, reliability, and customer service.

Last updated July 15, 2024 at 9:12 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-23-06 Payment of forfeitures and other payments.

(A) All forfeitures and other payments shall be paid by certified check or money order made payable to "Treasurer, State of Ohio," and be mailed or delivered to:

"Public Utilities Commission of Ohio

Fiscal Division

180 East Broad Street

Columbus, Ohio 43215-3793"

(B) All instruments of payment should contain the identifying number of the violation/staff notice for which payment is tendered.

(C) No electric utility or competitive retail electric service provider may recover any forfeiture, or other payment in any pending or subsequent proceeding before the commission.

Last updated July 15, 2024 at 9:12 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Chapter 4901:1-24 Certification of CRES Providers

Ohio Adm.Code 4901:1-24-01 Definitions.

As used in this chapter:

(A) "Abandonment" means ceasing to provide competitive retail electric service(s) to one or more classes of customers in one or more electric distribution service territories prior to the expiration of customers' contracts.

(B) "Aggregation" means combining the electric load of multiple retail customers through an agreement with the customers or formation of a governmental aggregation pursuant to section 4928.20 of the Revised Code for the purposes of purchasing retail electric generation service on an aggregated basis.

(C) "Aggregator" means a person, certified by the commission, who contracts with customers to combine the customers' electric load for the purpose of purchasing retail electric generation service on an aggregated basis. The term, as used in this chapter, does not include a governmental aggregator.

(D) "Applicant" means a person who files an application for certification or certification renewal under this chapter.

(E) "Application form" means a form, approved by the commission, that an applicant seeking certification or certification renewal as a competitive retail electric service provider files with the commission as set forth in this chapter.

(F) "Billing and collection agent" has the meaning set forth in division (A)(2) of section 4928.01 of the Revised Code.

(G) "Certified territory" has the meaning set forth in division (A)(3) of section 4928.01 of the Revised Code.

(H) "Competitive retail electric service" (CRES) has the meaning set forth in division (A)(4) of section 4928.01 of the Revised Code, and includes the services provided by retail electric generation providers, power marketers, power brokers, aggregators, and governmental aggregators.

(I) "Commission" means the public utilities commission of Ohio.

(J) "CRES provider" means a person or entity, under certification by the commission who supplies or offers to supply a CRES.

(K) "Electric cooperative" has the meaning set forth in division (A)(5) of section 4928.01 of the Revised Code.

(L) "Electric distribution utility" has the meaning set forth in division (A)(6) of section 4928.01 of the Revised Code.

(M) "Electric services company" has the meaning set forth in division (A)(9) of section 4928.01 of the Revised Code.

(N) "Electric utility" has the meaning set forth in division (A)(11) of section 4928.01 of the Revised Code.

(O) "Filing under seal" means personally delivering to the commission's docketing division a sealed envelope containing information intended to be kept proprietary and confidential. This action must be accompanied by the filing and docketing of a "motion for protective order," pursuant to rule 4901-1-24 of the Administrative Code.

(P) "Governmental aggregator" has the meaning set forth in division (A)(13) of section 4928.01 of the Revised Code.

(Q) "Mercantile customer" has the meaning set forth in division (A)(19) of section 4928.01 of the Revised Code.

(R) "Person" has the meaning set forth in division (A)(24) of section 4928.01 of the Revised Code.

(S) "Power broker" means a person, certified by the commission, who provides power brokerage.

(T) "Power brokerage" means assuming the contractual and legal responsibility for the sale and/or arrangement for the supply of retail electric generation service to a retail customer in this state without taking title to the electric power supplied.

(U) "Power marketer" means a person, certified by the commission, who provides power marketing services.

(V) "Power marketing" means assuming the contractual and legal responsibility for the sale and provision of retail electric generation service to a retail customer in this state and having title to electric power provided at some point during the transaction.

(W) "Retail electric generation provider" means a person, certified by the commission, who provides retail electric generation service in this state.

(X) "Retail electric generation service" means the provision of electric power to a retail customer in this state through facilities provided by an electric distribution utility and/or a transmission entity in this state. The term encompasses the services performed by retail electric generation providers, power marketers, and power brokers, but does not encompass the service provided by an electric utility pursuant to sections 4928.141, 4928.142, and 4928.143 or division (D) of section 4928.35 of the Revised Code.

(Y) "Service agreement" means the initial agreement and any amendments or supplements thereto entered into by the applicant and any provider of a service necessary to transport, schedule, and deliver CRES to the retail customer (e.g., transmission service, ancillary services, scheduling coordination, and distribution service).

(Z) "Small commercial customer" means a commercial customer that is not a mercantile customer.

(AA) "Staff" means the commission staff or its authorized representative.

Last updated July 15, 2024 at 9:13 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-24-02 Purpose and scope.

Under the rules in this chapter:

(A) Any electric utility, electric services company, electric cooperative, or governmental aggregator which intends to offer or provide a competitive retail electric service (CRES) to consumers in this state shall obtain a certificate to operate from the commission prior to commencing operations.

(B) An electric cooperative or governmental aggregator that is a municipal electric utility which provides a customer both a CRES and a non-CRES through transmission or distribution facilities it solely or jointly owns or operates is not required to obtain a certificate.

(C) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

(D) These rules do not apply to a billing and collection agent if it is a fully independent agent, not affiliated with or otherwise controlled by an electric utility, electric services company, electric cooperative, or governmental aggregator subject to certification under section 4928.08 of the Revised Code, to the extent that the agent is under contract with such utility, company, cooperative, or aggregator solely to provide billing and collection for retail electric service on behalf of the utility, company, cooperative, or aggregator. Nothing in this rule exempts such utility, company, cooperative, or aggregator from liability for the acts of its billing and collection agents.

Last updated July 31, 2024 at 1:55 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-24-03 General prohibitions.

(A) No person shall offer, contract, or provide a competitive retail electric service in this state without a valid certificate.

(B) Nothing in this rule is intended to prohibit a person from conducting market research or advertisements designed solely to ascertain and raise customer awareness and/or improve name recognition.

(C) Enforcement of any rule in this chapter or commission order adopted thereunder will be conducted in accordance with Chapter 4901:1-23 of the Administrative Code.

Last updated July 31, 2024 at 1:55 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-24-04 Expired certificates.

Any CRES provider or governmental aggregator that fails to file an application for certification renewal pursuant to rule 4901:1-24-09 of the Administrative Code prior to the expiration date on the certificate must file a new application for certification under the existing certification case number and may request, no later than sixty days after the expiration date on the certificate, to extend its previous certificate for up to ninety days while the new application is reviewed. If the motion is filed in conformance with rule 4901:1-24-07 or 4901:1-24-13 of the Administrative Code, it will be deemed automatically approved unless, within three business days of filing, the commission or an attorney examiner appointed by the commission rules otherwise.

Last updated July 15, 2024 at 9:13 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-24-05 Application Content.

(A) An application for certification shall be made on forms supplied by the commission. The application forms shall provide for sufficient information to enable the commission to assess an applicant's managerial, financial, and technical capability to provide the service it intends to offer and its ability to comply with commission rules or orders adopted pursuant to Chapter 4928. of the Revised Code.

(B) The applicant shall complete the appropriate application form (e.g., retail electric generation provider, aggregator, power broker, or governmental aggregator) in its entirety and supply all required attachments, affidavits, and evidence of capability specified by the form at the time an application is filed.

(1) Retail electric generation providers and power marketers shall file general, technical, managerial, and financial information as set forth in the application. This information includes but is not limited to:

(a) Ownership and organizational descriptions.

(b) Managerial experience and capabilities.

(c) Credit ratings and relevant financial information, including financial statements, financial arrangements, and forecasted financial statements.

(d) Technical ability and experience in scheduling and providing power under contract agreements.

(e) Statements as to whether the applicant has ever been terminated from any choice program; if applicant's certification has ever been revoked or suspended; if applicant has ever been in default for failure to deliver; or if there are pending or past regulatory or judicial actions or findings against applicant or past rulings finding against the applicant.

(2) Aggregators and power brokers shall file general, managerial, and financial information as set forth in the application. This information includes but is not limited to:

(a) Ownership and organizational descriptions.

(b) Managerial experience and capabilities.

(c) Credit ratings and relevant financial information, including financial statements, financial arrangements, and forecasted financial statements.

(d) Financial capability as depicted on publicly available information and applicable credit ratings.

(e) Statements as to whether the applicant's certification has ever been revoked or suspended, or if there are pending or past regulatory or judicial actions or findings against the applicant, or past rulings finding against the applicant.

(3) Governmental aggregators shall file general information as set forth in the application. This information includes but is not limited to:

(a) Copies of its operation and governance plans.

(b) Descriptions of experience.

(C) An applicant for certification or certification renewal shall file a completed and notarized original application signed by a principal officer of the applicant and in accordance with the application instructions, the required number of conformed copies, including all supporting attachments and affidavits, with the commission's docketing division.

(1) The date that the commission's docketing division stamps an application received shall serve as the official filing date with the commission.

(2) In accordance with rule 4901:1-24-10 of the Administrative Code, the commission may deny without prejudice any application that is not complete or does not include the attachments, documentation, and affidavits required by the application form.

(3) In accordance with this chapter, in instances where information and/or documentation required by these rules is not available at the time of filing an application, an applicant may substitute a notarized affidavit by an officer of the applicant stating that the applicant will file such information and/or documentation with the commission at least ten business days prior to offering or providing any competitive retail electric service (CRES) to a customer in this state. The affidavit shall be accompanied by an explanation as to why such information is not available for inclusion with the application.

(D) All CRES providers shall include, in their certification application, the name, telephone number, and electronic mail address of a contact person who will respond to commission concerns pertaining to consumer complaints.

Last updated July 31, 2024 at 1:55 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-24-06 Affidavits.

In addition to all other affidavits required by this chapter, each applicant shall submit with its application, on forms prescribed by the commission, affidavits attesting that:

(A) The information provided by the applicant on its application form and supporting attachments is complete, true, and accurate to the best knowledge of the applicant.

(B) The applicant will timely file an annual report of its intrastate gross receipts, gross earnings, and sales of kilowatt-hours of electricity pursuant to division (A) of section 4905.10, division (A) of section 4911.18, and division (F) of section 4928.06 of the Revised Code.

(C) The applicant will timely pay any assessment made pursuant to section 4905.10, 4911.18, or division (F) of section 4928.06 of the Revised Code.

(D) The applicant will comply with all applicable commission rules or orders adopted pursuant to Chapter 4928., Title XLIX of the Revised Code.

(E) The applicant will cooperate with the commission and its staff in the investigation of any consumer complaint regarding any service offered or provided by the applicant.

(F) The applicant will comply with section 4928.09 of the Revised Code regarding consent to the jurisdiction of Ohio courts and the service of process.

Last updated July 31, 2024 at 1:55 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-24-07 Motions.

(A) Motions filed by an applicant (e.g., motions for extension of the certificate and motions for protective order) must be filed by an attorney authorized to practice law in the state of Ohio.

(B) An out-of-state attorney may seek permission to appear pro hac vice before the commission in any case upon the filing of a motion, consistent with rule 4901-1-08 of the Administrative Code.

Last updated July 15, 2024 at 9:13 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-24-08 Protective orders.

(A) An applicant may file financial statements, financial arrangements, forecasted financial statements, credit reports, and credit ratings under seal. If these exhibits are filed under seal, they will be afforded protective treatment for a period of six years from the date of the certificate for which the information is being provided.

(B) An applicant may file a motion for a protective order covering information not covered under paragraph (A) of this rule. If the motion is filed in conformance with rule 4901:1-24-07 of the Administrative Code, it will be automatically approved on the thirty-first day after the date of filing and the information will be afforded protective treatment for a period of six years from the date of the certificate for which the information is being provided, unless the commission or an attorney examiner appointed by the commission rules otherwise.

(C) At the expiration of the six-year period provided for in paragraphs (A) and (B) of this rule, the information will be automatically released into the open record.

(D) An applicant wishing to extend a protective order beyond the six-year time period provided for in paragraphs (A) and (B) of this rule must comply with paragraph (F) of rule 4901-1-24 of the Administrative Code.

Last updated July 15, 2024 at 9:13 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-24-09 Certification renewal.

(A) No less than thirty and no more than ninety calendar days prior to the expiration date indicated on the competitive retail electric service provider's certificate, the provider shall file an application with the commission for certification renewal on forms supplied by the commission.

(B) If any renewal application is filed fewer than thirty calendar days prior to the expiration date indicated on the certificate, but no later than the expiration date on the certificate, then the existing certificate automatically will be extended thirty-one days from the date of the renewal application was accepted by the commission.

(C) The applicant shall, as instructed by the renewal form, update the information supplied with an applicant's initial certification application.

Last updated July 15, 2024 at 9:13 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-24-10 Application approval or denial.

(A) If the commission does not act upon an application for certification or certification renewal within thirty days of the filing date, the application shall be deemed automatically approved pursuant to section 4928.08 of the Revised Code on the thirty-first day after the official filing date.

(1) Upon good cause shown, the commission, or an administrative law judge appointed by the commission, may suspend an application.

(2) If the commission, or an administrative law judge appointed by the commission, has acted to suspend an application, the commission will:

(a) Docket its decision, and notify the applicant of the reasons for such suspension and may direct the applicant to furnish any additional information as the commission deems necessary to evaluate the application.

(b) Act to approve or deny the application within ninety calendar days from the date that the application was suspended.

(B) In evaluating an application, the commission will consider the information contained in the applicant's application, supporting attachments and evidence, and recommendations of its staff.

(1) The applicant is managerially, financially, and technically fit and capable of performing the service it intends to provide.

(2) The applicant is managerially, financially, and technically fit and capable of complying with all applicable commission rules and orders.

(3) The applicant will provide reasonable financial assurances sufficient to protect electric distribution utility companies and the customers from default.

(D) When the commission approves an application, it will notify the applicant that its application has been approved and will issue the applicant a numbered certificate that specifies the service(s) for which the applicant is certified to provide and the dates for which the certificate is valid.

(E) Unless otherwise specified by the commission, a competitive retail electric service provider's initial or renewal certificate is valid for a period of two years, beginning and ending on the dates specified on the certificate.

(F) If the commission acts to deny, in whole or in part, an application, it will notify the applicant that its application, or parts of its application, has been denied, including the reason(s) for such denial.

Last updated September 25, 2026 at 9:09 AM

History

Effective: October 5, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-24-11 Material changes to business operations.

(A) Competitive retail electric service (CRES) providers shall inform the commission of any material change to the information supplied in a certification or certification renewal application within thirty calendar days of such material change.

(1) A CRES provider shall file such notice under the docket number assigned to the CRES provider's initial certification or most recent certification renewal application, whichever is the most recent.

(2) After notice and an opportunity for a hearing, the commission may suspend, rescind, or conditionally rescind a CRES provider's certificate if it determines that the material change will adversely affect the CRES provider's fitness or ability to provide the services it is certified to provide.

(B) Material changes to the information contained in or supplied with a certification or certification renewal application include, but are not limited to, the following:

(1) Any significant change in ownership (being an ownership interest of five per cent or more) of the applicant or CRES provider.

(2) An affiliation or change in affiliation with an electric utility in this state.

(3) Retirement or other long-term changes to the operational status of generation resources relied upon by the provider to provide retail electric generation service.

(4) Revocation, restriction, or termination of any interconnection or service agreement with a transmission entity or electric utility relied upon by a CRES provider to provide retail electric generation service.

(5) The applicant or CRES provider's bond rating falls below BBB as reported by Standard & Poor's, or below Baa3 as reported by Moody's investors service.

(6) The applicant or CRES provider has or intends to file for reorganization, protection from creditors, or any other form of bankruptcy with any court.

(7) Any judgment, finding, or ruling by a court or regulatory agency that could affect a CRES provider's fitness or ability to provide service in this state.

(8) Any change in the contact person, business address, or telephone/fax number for staff use in investigating complaints.

(9) Any change in the contact person, business address, or telephone/fax number for staff use in investigating regulatory or emergency matters.

(10) Any change in the business address, or toll-free telephone/fax number for customer service and complaints.

(11) Any change in the applicant's name or any use of a fictitious name.

Last updated July 31, 2024 at 1:56 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-24-12 Transfer or abandonment of a certificate.

(A) A competitive retail electric service (CRES) provider shall not transfer its certificate to any person without prior commission approval.

(1) A CRES provider may apply for commission approval to transfer its certificate by filing a certificate transfer application.

(2) A transfer application shall be automatically approved on the thirty-first day after filing, unless the commission acts to suspend or reject the application.

(B) A CRES provider shall not abandon the service(s) it provides under a certificate without filing an abandonment application and without commission approval. The CRES provider shall fulfill the terms of all existing contracts with customers or assign such contracts to another CRES provider prior to abandoning service.

(1) Abandonment applications should be filed under the existing certification case number at least ninety calendar days prior to the effective date on which the CRES provider will cease providing service. The application shall include copies of any notices provided pursuant to paragraphs (B)(2), (B)(3), and (B)(4) of this rule.

(2) At least ninety calendar days prior to abandoning service, a CRES provider shall provide written notice to each electric utility in whose certified territory the CRES provider operates of its intent to cease providing service. That notice shall reflect that the CRES provider has filed an abandonment application with the commission.

(3) At least ninety calendar days prior to abandoning service, a CRES provider shall provide written notice to its customers and the office of the Ohio consumer's counsel of its intent to abandon service. Such notice shall indicate the CRES provider's intent to fulfill or assign customer contracts, including the effective date of such assignment, the effective date it will cease to provide service, and should identify the commission's toll-free number as well as the number through which hearing and speech impaired customers may contact the commission. That notice shall also provide instructions to the customers on how they may obtain replacement service(s).

(4) The CRES provider shall also provide notice of its abandonment to its existing customers by separate message that is mailed or otherwise directly delivered to the customer or by notice on customer billing statements. Where the CRES provider is billing the customers, the CRES provider shall provide notice of its abandonment. Where the electric utility is providing billing, the CRES provider may negotiate with the electric utility to provide such notice of its abandonment on each billing statement rendered to existing customers. Abandonment notices shall begin at least ninety calendar days prior to the effective date of the abandonment and shall continue to provide such notice on all subsequent monthly billing statements until the service is abandoned.

(5) If the commission does not act upon the application within ninety calendar days of the filing date, the application will be deemed automatically approved on the ninety-first day after the official filing date.

Last updated July 15, 2024 at 9:14 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-24-13 Certification suspension, rescission, or conditional rescission.

(A) After notice and the opportunity for a hearing, the commission may, upon its own motion or upon complaint, suspend, rescind, or conditionally rescind a competitive retail electric service (CRES) provider's certificate, in whole or in part, for good cause shown.

(B) If the commission suspends a CRES provider's certificate:

(1) The commission will notify the CRES provider of the reasons and effective dates for such suspension and specify the actions, including associated time frames, that the CRES provider must take in order to have the suspension lifted.

(2) The CRES provider shall continue to provide all services it is obligated to provide under contract to its existing customers but it shall not advertise, offer, or contract to provide any new CRES to existing customers nor advertise, offer, or contract to provide any CRES to potential customers during the suspension, unless the commission orders otherwise. Such suspensions and related prohibitions against advertising, offering, or entering into contracts apply statewide unless otherwise ordered by the commission.

The commission will delineate the specific conditions that the CRES provider must meet and establish a date by which the conditions must be met in order for the CRES provider to avoid permanent rescission of its certificate. Unless otherwise ordered by the commission, the CRES provider shall continue to provide all services it is obligated to provide under contract to its existing customers, but it shall not advertise, offer, or contract to provide any new CRES to existing customers nor advertise, offer, or contract to provide any CRES to potential customers during the pendency of the conditional rescission.

(D) If the commission rescinds a CRES provider's certificate:

(1) The commission will notify the CRES provider of the reasons for and effective date of such rescission.

(2) Upon the effective date specified by the commission, a CRES provider whose certificate has been rescinded shall cease providing all CRES for which it is no longer certified to provide.

(3) Prior to the effective date of the certificate rescission, a CRES provider that provides retail electric generation service to customers shall cooperate fully with each electric utility in whose certified territory it provides such service to ensure that its customers will be served by another CRES provider or by the electric utility on and after the effective date of the certificate rescission.

(4) Prior to the effective date of the certificate rescission, a CRES provider whose certificate has been rescinded shall provide a written notice to each of its customers that indicates that the CRES provider's certificate has been rescinded and specifies the date(s) it will cease to provide service. Such notice shall be provided to the commission staff for its review and to the electric utility prior to customer dissemination. Such notice shall also inform customers that, if they do not choose an alternative provider, they will be served by their electric utility and shall provide instructions on how they can obtain service from an alternative CRES provider.

(E) Reasons that the commission may suspend, rescind, or conditionally rescind a CRES provider's certificate include, but are not limited to:

(1) A CRES provider's failure to timely pay any assessment made pursuant to section 4905.10, 4911.18, or division (F) of section 4928.06 of the Revised Code.

(2) A CRES provider's failure to timely file an annual report of its intrastate gross receipts and sales of kilowatt-hours of electricity pursuant to section 4905.10, 4911.18, or division (F) of section 4928.06 of the Revised Code as directed by commission rule or order.

(3) A finding by the commission that a CRES provider has materially underreported its intrastate gross receipts and/or sales of kilowatt-hours on reports required by rule 4901:1-24-07 of the Administrative Code.

(4) A finding by the commission that any information reported to the commission subsequent to granting a certificate adversely affects a CRES provider's fitness or capability to provide any service covered by its certificate.

(5) A finding by the commission that a CRES provider deliberately omitted information or knowingly provided false information on a certification or certification renewal application, including supporting attachments.

(6) A finding by the commission that a CRES provider has provided CRES to a customer without being certified by the commission to provide such service.

(7) A finding by the commission that a CRES provider has violated any applicable commission rule or order adopted pursuant to Chapter 4928. of the Revised Code.

(8) A finding by the commission that a CRES provider has failed to consent to the jurisdiction of the courts of this state or has failed to designate an agent to accept service of process pursuant to section 4928.09 of the Revised Code.

(9) A finding by the commission that a CRES provider has engaged in an anticompetitive act.

(10) A finding that a CRES provider has failed to maintain appropriate default security or has otherwise failed in a material way to adhere to requirements contained in an electric utility's tariff governing supplier requirements approved by the commission.

(11) A finding by the commission that a CRES provider has failed to comply with state laws or rules designed to protect consumers in this state or has otherwise engaged in any fraudulent, misleading, or unfair practice.

Last updated July 31, 2024 at 1:56 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-24-14 Financial security.

(A) Pursuant to a tariff filed with the commission in accordance with rule 4901:1-10-29 of the Administrative Code, a retail electric generation service provider shall maintain financial assurance sufficient to protect customers and the electric utility from default.

(B) An electric utility may require a retail electric generation service provider to furnish financial and other information contained in its tariff to determine the type and/or amount of the financial assurance required for compliance with paragraph (A) of this rule.

(C) If a retail electric generation service provider fails to maintain sufficient financial assurance to protect an electric utility from default by the retail electric generation service provider, the electric utility may apply for relief at the commission. In accordance with rule 4901:1-24-13 of the Administrative Code, the commission, upon its own motion or upon complaint, may suspend, rescind, or conditionally rescind a retail electric generation service provider's certificate for failure to maintain sufficient financial assurance at any electric utility as required by this rule.

(D) As used in this rule, "retail electric generation service provider" has the same meaning as in rule 4901:1-24-01 of the Administrative Code, but excludes a power broker or aggregator.

Last updated October 5, 2026 at 9:12 AM

History

Effective: October 5, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-24-15 Regulatory assessments.

(A) In accordance with sections 4905.10, 4911.18, and division (F) of section 4928.06 of the Revised Code, each competitive retail electric service (CRES) provider is subject to an annual assessment based upon its intrastate gross receipts or gross earnings (collectively "gross revenue") associated with the provision of each CRES which it is certified to provide.

(B) Each CRES provider that provides retail electric generation service shall, in the manner and on the date specified by the commission or its staff, file an annual report of the gross revenue derived from its intrastate sales of kilowatt-hours of electricity. For the purpose of the report, sales of kilowatt-hours of electricity are deemed to occur at the meter of a retail customer.

(C) Each CRES provider that provides a CRES(s) in addition to, or other than, retail electric generation service shall, in the manner and on the date specified by the commission or its staff, file an annual report of the intrastate gross revenue derived from its provision of such service(s). For the purpose of the report, sales of kilowatt-hours of electricity are deemed to occur at the meter of a retail customer.

(D) Each CRES provider shall maintain detailed records to support the information provided pursuant to paragraphs (B) and (C) of this rule. Such records and information are subject to audit by the commission.

(E) In instances where a CRES provider underreports its gross revenue, the commission may, in computing an assessment made pursuant to paragraph (A) of this rule, include any gross revenues that were underreported in a prior year. The commission shall also, in addition to any other penalty under the Revised Code, assess the provider interest on the amount underreported at the rate stated in section 1343.01 of the Revised Code.

(F) A governmental aggregator may authorize its electric services company, or a designated agent, to file, on its behalf, any report required by this rule.

Last updated July 31, 2024 at 1:56 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-24-16 Noncompliance with rules or orders.

In addition to penalties specified in rule 4901:1-24-13 of the Administrative Code, any person subject to certification under section 4928.08 of the Revised Code that fails to comply with any rule in this chapter or with sections 4928.01 to 4928.10 of the Revised Code or any commission order issued thereunder may be subject to any and all remedies available under the law, including but not limited to the following:

(A) Forfeiture to the state of not more than ten thousand dollars for each failure. Each day's continuance of the violation is a separate offense.

(B) Rescission of a customer contract.

Last updated July 31, 2024 at 1:56 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Chapter 4901:1-25 Market Monitoring

Ohio Adm.Code 4901:1-25-01 Definitions.

As used in this chapter:

(A) "Aggregation service" means the act of combining the electric load of multiple customers for the purposes of supplying or arranging for the supply of competitive retail electric generation service to those customers.

(B) "Aggregated group" means the municipal corporation, board of township trustees, or board of county commissioners that, by ordinance or resolution, aggregated the customers' retail electric loads within its jurisdiction.

(D) "Commission" means the public utilities commission of Ohio.

(E) "Competitive retail electric service" (CRES) has the meaning set forth in division (A)(4) of section 4928.01 of the Revised Code.

(F) "Distributed energy resources" has the same meaning as that set forth in rule 4901:1-22-01 of the Administrative Code.

(G) "Electric utility" has the same meaning as that set forth in division (A)(11) of section 4928.01 of the Revised Code.

(H) "Governmental aggregator" has the same meaning as that set forth in division (A)(13) of section 4928.01 of the Revised Code. In accordance with division (F) of section 4928.20 of the Revised Code, a governmental aggregator is not a public utility engaging in the wholesale purchase and resale of electricity, and provision of the aggregation service is not a wholesale utility transaction.

(I) "Green pricing program" has the same meaning as set forth in rule 4901:1-42-01 of the Administrative Code.

(J) "Independent power producer" means an owner of generation who sells at least a portion of the electric energy from that generation at retail.

(K) "Interconnection applicant" has the same meaning as "applicant" in paragraph (A) of rule 4901:1-22-01 of the Administrative Code.

(L) "Interconnection application" has the same meaning as "application" in paragraph (B) of rule 4901:1-22-01 of the Administrative Code.

(M) "Certificate number" means the authorized identification number of an approved certification to provide a CRES as granted to the provider by the commission in accordance with the provisions of section 4928.08 of the Revised Code.

(N) "Power marketer" has the same meaning as that set forth in rule 4901:1-24-01 of the Administrative Code.

Last updated March 25, 2024 at 9:25 AM

History

Effective: March 25, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-25-02 Market monitoring, distributed energy resource, and interconnection reporting.

(A) On a quarterly basis, each electric utility power marketer, independent power producer, and governmental aggregator subject to certification under section 4928.08 of the Revised Code shall submit market monitoring data to the commission or its staff, in an electronic format via the commission's website and according to the instructions on the commission's website.

(B) On a quarterly basis, each electric utility shall submit distributed energy resource data to the commission or its staff in electronic form according to the instructions available on the commission's website.

(C) On a quarterly basis, each electric utility shall submit data related to pending interconnection applications to the commission or its staff in electronic form according to the instructions available on the commission's website.

(D) The following information provided to the commission and/or staff for purposes of this chapter will be held as confidential.

(1) For data related to pending interconnection applications:

(a) Name and contact information of the electric utility employee who is directly responsible for processing the interconnection application and/or interacting with the interconnection applicant.

(b) Description of each interconnection request in terms of the amount and type of generation for which interconnection is being sought, and the location of the proposed interconnection.

(c) Copies of any and all written notices required by paragraphs (C)(3), (C)(4), (C)(5), (C)(6), and (C)(7) of rule 4901:1-22-04 of the Administrative Code.

(d) Description of the status of each interconnection application in terms of process steps that have been completed, process steps that remain to be completed, and any progress or lack thereof in addressing issues.

(2) For data related to CRES:

(a) Detailed information about an individual CRES supplier's generation service, including the number of generation service customers a CRES supplier has, the amount of sales in megawatt hours, and total billed revenue.

(b) The number of customers participating in CRES-offered green pricing programs, as well as the volume of participation in such programs in megawatt hours, reported by customer class.

(3) For data related to aggregation service, detailed information about individual aggregators, including the following:

(a) The electric utility's service territory for which the information is being submitted.

(b) The name of each aggregated group.

(d) The total number of customers in each aggregated group.

(e) The total number of all customers by customer class.

(f) The total number of customers.

(4) Any person may file a request for disclosure requesting disclosure of information submitted pursuant to paragraphs (D)(1), (D)(2), and (D)(3). A request for disclosure should specifically identify the information being sought. The party that submitted the information being sought will be provided three business days notice that information being held as confidential will be disclosed unless a motion for protective order is filed within three business days. To prevent disclosure, the party that submitted the information being sought may file a motion for protective order consistent with rule 4901-1-24 of the Administrative Code within the three business days. If no motion for protective order is filed, the information being sought will be disclosed on the fourth business day after the notice of disclosure.

(5) All other information submitted to the commission and/or staff will be deemed public pursuant to section 4905.07 of the Revised Code, unless accompanied by a motion for protective order consistent with rule 4901-1-24 of the Administrative Code.

(E) Nothing in this rule limits the ability of the commission, or staff, to collect additional data from any electric utility, power marketer, independent power producer, or governmental aggregator subject to certification under section 4928.08 of the Revised Code in carrying out the commission's responsibilities under Chapter 4928 of the Revised Code.

(F) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

Last updated March 25, 2024 at 9:25 AM

History

Effective: March 25, 2024
Promulgated Under: 111.15

Chapter 4901:1-26 Dispute Resolution

Ohio Adm.Code 4901:1-26-01 Purpose and scope.

The alternative dispute resolution procedures in this chapter are available for pending formal complaints between nonmercantile, nonresidential customers, on the one hand, and electric utilities, electric service companies, electric cooperatives, or governmental aggregators, on the other hand. The purpose of this chapter is to facilitate efficient resolution of pending formal complaints between nonmercantile, nonresidential customers, on the one hand, and electric utilities, electric service companies, electric cooperatives, or governmental aggregators, on the other hand. This chapter is not intended to alter or diminish the commission's (or its staff's) authority to conduct investigations and to take remedial action when deemed necessary. This chapter is not intended to alter or diminish the commission's (or its staff's) dispute resolution procedures for informal disputes.

Last updated July 18, 2024 at 9:11 AM

History

Effective: September 18, 2000
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-26-02 Definitions.

(A) "Mediation" is a voluntary, alternative dispute resolution process available to resolve formal complaints pending at the commission that are between nonmercantile, nonresidential customers, on the one hand, and electric utilities, electric service companies, electric cooperatives, or governmental aggregators, on the other hand. Under this mediation process, a neutral third party, who is independent of the parties, assists the parties in reaching their own settlement. The mediator does not have the power to impose a resolution. The role of the mediator and the goal of the process are to help the parties achieve their own resolution.

(B) "Arbitration" is a voluntary, alternative dispute resolution process available to resolve formal complaints pending at the commission that are between nonmercantile, nonresidential customers, on the one hand, and electric utilities, electric service companies, electric cooperatives, or governmental aggregators, on the other hand. Under this arbitration process, the parties present evidence and legal arguments to a neutral third party, called an arbitrator or an arbitration panel, who renders a decision.

(D) "Certified arbitration process" means a commercial arbitration process, the use of which has been approved by the commission pursuant to paragraphs (B) and (J) of rule 4901:1-26-04 of the Administrative Code for resolving disputes arising under formal complaints filed with the commission.

Last updated July 18, 2024 at 9:11 AM

History

Effective: June 12, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-26-03 Mediation.

(A) Any party to a pending formal complaint may ask the commission to mediate that matter by notifying the chief of the electric section of the commission's legal department in writing and serving a copy of the mediation request on the other party in the case.

(B) The other party to the pending formal complaint may provide a response within seven business days of service of the request for mediation. Any such response should also be served simultaneously upon the party requesting the mediation.

(C) The commission will appoint a mediator, who is independent of the parties, to conduct the mediation. The mediator may be commission personnel. The mediator will promptly contact the parties in the case and establish a time to commence mediation. The mediator will work with the parties to establish an appropriate schedule and procedure for the mediation. The mediator may receive technical assistance from commission staff.

(D) The mediator's function is to impartially encourage voluntary settlement by the parties. The mediator may schedule meetings of the parties, direct the parties to prepare for those meetings, hold private caucuses with each party, request that the parties share information, attempt to achieve a mediated resolution, and, if successful, assist the parties in preparing a written agreement.

(E) Parties submitting to mediation under this rule agree to participate, in good faith, in the mediation process for a minimum of thirty calendar days after initiation of the mediation process by the mediator and for a maximum of forty-five calendar days, unless the mediator extends that time frame.

(F) Mediations conducted under this rule are subject to Ohio confidentiality statutes (e.g., Chapter 2710. of the Revised Code).

(G) A member of the commission or a commission employee who serves as mediator, by virtue of having served in such capacity, cannot serve in a decision-making role or as a witness on matters subject to mediation in a formal commission case involving the same parties and the same issues.

Last updated July 18, 2024 at 9:11 AM

History

Effective: June 12, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-26-04 Arbitration.

(A) If all parties to the pending formal complaint agree that the dispute (or a portion thereof) should be resolved through arbitration, the parties may jointly file a request with the commission to stay the proceeding pending the arbitration, outlining with sufficient specificity the issues for which arbitration is being sought. In the joint request, the parties may seek to have the commission assign its personnel to be the arbitrator or the parties may request that the issues to be arbitrated be assigned to a commission-approved, certified arbitration process approved pursuant to paragraph (G) of this rule.

(B) If commission personnel is not the arbitrator, the parties will notify the commission once they have engaged the arbitrator.

(D) Arbitrations conducted under this rule are subject to Ohio confidentiality statutes (e.g., Chapter 2710. of the Revised Code). By electing arbitration under this rule, no appeals of any intermediary rulings made by the arbitrator are permitted.

(E) If the parties accept the arbitration award, a copy of the arbitration award need not be filed with the commission. The parties' joint motion to dismiss the complaint (or involved portion thereof) should be filed within thirty calendar days of the issuance of the arbitration award, in light of their acceptance of the award.

(F) When commission personnel acts as the arbitrator, the parties will be bound by the arbitration award, except as described in this provision. Within thirty calendar days of the issuance of an arbitration award, any party to the arbitration may seek commission review of the arbitration award, but such review will be limited to ascertaining the existence of any grounds identified in Chapter 2711. of the Revised Code, such as fraud, corruption, misconduct, impropriety, or mistake by the arbitrator. The commission may impose a briefing schedule or other procedure, where appropriate. Upon consideration of the review request, the commission may confirm, vacate, modify or enforce the arbitration award. If the commission vacates the arbitration award (in whole or in part), the commission will specify whether the matter should be remanded to the same arbitrator. Any commission decision to confirm, vacate, modify or enforce the arbitration award under this provision is subject to rehearing pursuant to section 4903.10 of the Revised Code, and any final commission decision is subject to appeal pursuant to section 4903.13 of the Revised Code.

(G) Electric utilities, electric service companies, electric cooperatives, and governmental aggregators may file an application with the commission seeking certification to use a proposed commercial arbitration process for any class of formal complaints or for all potential formal complaints. The commission staff will review such an application seeking certification to use a commercial arbitration process and recommend to the commission whether the application should be approved. The commission may approve such an application if the commission is satisfied that the commercial arbitration process is fair, cost-effective, and does not result in prejudice against any potential future parties. By approving an application pursuant to this provision, the commission retains the right to evaluate, in each individual formal complaint proceeding, whether to grant a request to stay the formal complaint proceeding pending arbitration.

Last updated July 18, 2024 at 9:11 AM

History

Effective: June 12, 2023
Promulgated Under: 111.15

Chapter 4901:1-27 Certification of Governmental Aggregators and Retail Natural Gas Suppliers

Ohio Adm.Code 4901:1-27-01 Definitions.

As used in this chapter:

(A) "Abandonment" means to cease being a retail natural gas supplier or governmental aggregator in this state.

(B) "Applicant" means a person who files an application for certification or certification renewal under this chapter.

(C) "Application form" means a form, approved by the commission, that an applicant seeking certification or certification renewal as a retail natural gas supplier or as a governmental aggregator files with the commission as set forth in this chapter.

(D) "Billing or collection agent" has the meaning set forth in division (I) of section 4929.01 of the Revised Code.

(E) "Commission" means the public utilities commission of Ohio.

(F) "Commodity sales service" has the meaning set forth in division (C) of section 4929.01 of the Revised Code.

(G) "Comparable service" has the meaning set forth in division (D) of section 4929.01 of the Revised Code.

(H) "Competitive retail natural gas service" has the meaning set forth in division (J) of section 4929.01 of the Revised Code.

(I) "Consumer" has the meaning set forth in division (E) of section 4929.01 of the Revised Code.

(J) "Contract" means an agreement between a customer and retail natural gas supplier or governmental aggregator that specifies the terms and conditions for provision of competitive retail natural gas service.

(K) "Customer" means a person who contracts with or is solicited by a retail natural gas supplier or governmental aggregator for the provision of a competitive retail natural gas service.

(L) "Existing customer" means a person who has a contract with a retail natural gas supplier or governmental aggregator for the provision of competitive retail natural gas service.

(M) "Gas company" means a company that meets the definition of a gas company set forth in section 4905.03 of the Revised Code and that also meets the definition of a public utility under section 4905.02 of the Revised Code.

(N) "Governmental aggregator" has the meaning set forth in division (K)(1) of section 4929.01 of the Revised Code. For purposes of this chapter, "governmental aggregator" specifically excludes a municipal corporation acting exclusively under Section 4 of Article XVIII, Ohio Constitution, as an aggregator for the provision of competitive retail natural gas service.

(O) "Mercantile customer" has the meaning set forth in division (L) of section 4929.01 of the Revised Code.

(P) "Natural gas company" has the meaning set forth in division (G) of section 4929.01 of the Revised Code.

(Q) "Person" has the meaning set forth in division (H) of section 4929.01 of the Revised Code.

(R) "Regulated sales service" means the provision of natural gas commodity service to consumers at the gas cost recovery rate or any alternate gas cost pricing mechanism approved by the commission pursuant to Chapter 4901:1-19 of the Administrative Code.

(S) "Regulated sales service customer" means a person who has an agreement by contract and/or tariff with a natural gas company or gas company to receive regulated sales service.

(T) "Retail natural gas aggregation service" means combining the natural gas load of multiple retail residential customers or small commercial customers via an agreement with the customers for the purpose of purchasing competitive retail natural gas service on an aggregated basis.

(U) "Retail natural gas aggregator" means a person who contracts with customers to combine the customers' natural gas load for the purposes of purchasing competitive retail natural gas service on an aggregated basis.

(V) "Retail natural gas brokerage service" means assuming the contractual and legal responsibility for the sale and/or arrangement for the supply of competitive retail natural gas service to a retail customer in this state without taking title to the natural gas.

(W) "Retail natural gas broker" means a person who provides retail natural gas brokerage service.

(X) "Retail natural gas marketing service" means assuming the contractual and legal responsibility for the sale and provision of competitive retail natural gas service to a retail natural gas service customer in this state and having title to natural gas at some point during the transaction.

(Y) "Retail natural gas marketer" means a person who provides retail natural gas marketing service.

(Z) "Retail natural gas service" has the meaning set forth in division (M) of section 4929.01 of the Revised Code.

(AA) "Retail natural gas supplier" has the meaning set forth in division (N) of section 4929.01 of the Revised Code.

(BB) "Small commercial customer" means a commercial customer which is not a mercantile customer under paragraph (P) of this rule.

(CC) "Staff" means the commission staff.

Last updated July 15, 2024 at 9:14 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-27-02 Purpose and scope.

Under the rules in this chapter:

(A) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

(B) This chapter does not apply to a billing and collection agent if it is a fully independent agent, not affiliated with or otherwise controlled by a retail natural gas supplier or governmental aggregator subject to certification under section 4929.20 of the Revised Code, to the extent that the agent is under contract with such supplier or aggregator solely to provide billing and collection for competitive retail natural gas service on behalf of the supplier or aggregator. Nothing in this rule exempts such supplier or aggregator from liability for the acts of its billing and collection agents.

Last updated July 15, 2024 at 9:14 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-27-03 General prohibitions.

(A) No retail natural gas supplier or governmental aggregator shall offer, contract for, or supply competitive retail natural gas service in this state without a valid certificate.

(B) Nothing in this rule is intended to prohibit a person from conducting market research or advertisements designed solely to ascertain and raise public awareness and/or improve name recognition.

(C) Enforcement of any rule in this chapter or commission order adopted thereunder will be conducted in accordance with Chapter 4901:1-34 of the Administrative Code.

Last updated July 31, 2024 at 1:56 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-27-04 Expired certificates.

Any retail natural gas supplier or governmental aggregator that fails to file an application for certification renewal pursuant to rule 4901:1-27-09 of the Administrative Code prior to the expiration date on the certificate must file a new application for certification under the existing certification case number and may request, no later than sixty days after the expiration date on the certificate, to extend its previous certificate for up to ninety days while the new application is reviewed. If the motion is filed in conformance with rule 4901:1-27-07 of the Administrative Code, it will be deemed automatically approved unless, within three business days of filing, the commission or an attorney examiner appointed by the commission rules otherwise.

Last updated July 15, 2024 at 9:15 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-27-05 Application content.

(A) An application for certification or certification renewal shall be made on forms supplied by the commission.

(B) The applicant shall complete the appropriate application form (e.g., retail natural gas marketer, retail gas aggregator/broker, or governmental aggregator) in its entirety and supply all required attachments, affidavits, and evidence of capability specified by the form at the time an application is filed.

(1) A natural gas marketer shall file general, technical, managerial, and financial information as set forth in the application. This information includes, but is not limited to:

(a) Ownership and organizational descriptions.

(b) Managerial experience and capabilities.

(c) Credit ratings and relevant financial information including financial statements, financial arrangements, and forecasted financial statements.

(d) Technical ability and experience in nominating, scheduling, and providing natural gas to retail customers.

(e) Proof of an Ohio office and an employee in this state in accordance with division (G) of section 4929.22 of the Revised Code.

(f) Statements as to whether the applicant has ever been terminated from any choice program; if applicant's certification has ever been revoked or suspended; if applicant has ever been in default for failure to deliver; or if there are pending or past regulatory or judicial actions against the applicant or past rulings finding against the applicant.

(2) A retail natural gas aggregator/retail natural gas broker shall file general, managerial, and financial information as set forth in the application. This information includes, but is not limited to:

(a) Ownership and organizational descriptions.

(b) Managerial experience and capabilities.

(c) Credit ratings and relevant financial information, including financial statements, financial arrangements, and forecasted financial statements.

(d) Proof of an Ohio office and an employee in this state in accordance with division (G) of section 4929.22 of the Revised Code.

(e) Financial capability as depicted on publicly available information, and applicable credit ratings.

(f) Statements as to whether the applicant's certification has ever been revoked or suspended or if there are pending or past regulatory or judicial actions against the applicant or past rulings finding against the applicant.

(3) A governmental aggregator shall file general information as set forth in the application. This information includes, but is not limited to:

(a) Copies of its operation and governance plans.

(b) Descriptions of experience.

(C) An applicant for certification or certification renewal shall file a completed and notarized original application signed by a principal officer of the applicant in accordance with the application instructions, including all supporting attachments and affidavits, with the commission's docketing division.

(1) The date that the commission's docketing division stamps an application received is the official filing date with the commission.

(2) In accordance with rule 4901:1-27-10 of the Administrative Code, the commission may deny without prejudice any application that is not complete or does not include the attachments, documentation, and affidavits required by the application form.

(3) In accordance with this chapter, in instances where information and/or documentation required by these rules is not available at the time of filing an application, an applicant may substitute a notarized affidavit by an officer of the applicant stating that the applicant will file such information and/or documentation with the commission at least ten business days prior to offering or providing competitive retail natural gas service to a customer in this state. The affidavit shall be accompanied by an explanation as to why such information is not available for inclusion with the application.

(D) All retail natural gas suppliers or governmental aggregators shall include in their certification application, the name, telephone number, and electronic mail address of a contact person who will respond to commission concerns pertaining to consumer complaints. If any of the required information relating to the contact person should change, the retail natural gas supplier or governmental aggregator shall file notice of such changes with the commission within thirty days of such material change in accordance with paragraph (B)(8) of rule 4901:1-27-11 of the Administrative Code.

Last updated July 15, 2024 at 9:15 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-27-06 Affidavits.

In addition to all other affidavits required by this chapter, each applicant shall submit with its application, on forms prescribed by the commission, affidavits attesting that:

(A) The information provided by the applicant on its application form and supporting attachments is complete, true, and accurate to the best knowledge of the applicant.

(B) The applicant will timely file an annual report of its intrastate gross receipts and sales of hundred cubic feet of natural gas pursuant to division (A) of section 4905.10, division (A) of section 4911.18, and division (B) of section 4929.23 of the Revised Code.

(C) The applicant will timely pay any assessment made pursuant to section 4905.10 or division (A) of section 4911.18 of the Revised Code.

(D) The applicant will comply with all applicable commission rules or orders adopted pursuant to Title XLIX of the Revised Code.

(E) The applicant will cooperate with the commission and its staff in the investigation of any complaint regarding any service offered or provided by the applicant.

(F) The applicant will comply with section 4929.21 of the Revised Code regarding consent to the jurisdiction of Ohio courts and the service of process.

Last updated July 31, 2024 at 1:57 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-27-07 Motions.

(A) Motions filed by an applicant (e.g., motions for extension of the certificate and motions for protective order) must be filed by an attorney authorized to practice law in the state of Ohio.

(B) An out-of-state attorney may seek permission to appear pro hac vice before the commission in any case upon the filing of a motion, consistent with rule 4901-1-08 of the Administrative Code.

Last updated July 15, 2024 at 9:15 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-27-08 Protective orders.

(B) An applicant may file a motion for protective order covering information not covered under paragraph (A) of this rule. If the motion is filed in conformance with rule 4901:1-27-07 of the Administrative Code, it will be automatically approved on the thirty-first day after the date of filing and the information will be afforded protective treatment for a period of six years from the date of the certificate for which the information is being provided, unless the commission or an attorney examiner appointed by the commission rules otherwise.

(C) At the expiration of the six-year period provided for in paragraphs (A) and (B) of this rule, the information will be automatically released into the open record.

(D) An applicant wishing to extend a protective order beyond the six-year time period provided for in paragraphs (A) and (B) of this rule must file a motion that complies with rule 4901-1-24 of the Administrative Code.

Last updated July 15, 2024 at 9:15 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-27-09 Certification renewal.

(A) No less than thirty and no more than ninety days prior to the expiration date indicated on the retail natural gas supplier's or governmental aggregator's certificate, the retail natural gas supplier or governmental aggregator shall file an application with the commission for certification renewal on forms provided by the commission.

(B) If any renewal application is filed fewer than thirty calendar days prior to the expiration date indicated on the certificate, but no later than the expiration date on the certificate, then the existing certificate automatically will be extended thirty-one days from the date the renewal application was accepted by the commission.

(C) The applicant shall, as instructed by the renewal form, update the information supplied with an applicant's initial certification application.

(D) The commission will act to approve, deny, or suspend an application for certification renewal pursuant to the same processes, standards, and timelines delineated in rule 4901:1-27-10 or 4901:1-27-13 of the Administrative Code.

Last updated July 15, 2024 at 9:15 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-27-10 Application approval or denial.

(A) If the commission does not act upon an application for certification or certification renewal within thirty days of the filing date, the application shall be deemed automatically approved pursuant to section 4929.20 of the Revised Code on the thirty-first day after the official filing date.

(1) Upon good cause shown, the commission, or an administrative law judge appointed by the commission, may suspend its consideration of an application.

(2) If the commission, or an administrative law judge appointed by the commission, acts to suspend an application, it will:

(a) Docket its decision and notify the applicant of the reasons for such suspension and may direct the applicant to furnish any additional information as the commission deems necessary to evaluate the application.

(b) Act to approve or deny the application within ninety days from the date that the application was suspended.

(B) In evaluating an application, the commission will consider the information contained in the application, supporting evidence and attachments, evidence filed by any interested parties, and recommendations of its staff.

(1) The applicant is managerially, financially, and technically fit and capable of performing the service it intends to provide.

(2) The applicant is managerially, financially, and technically fit and capable to comply with all applicable commission rules and orders.

(3) The applicant will provide reasonable financial assurances sufficient to protect natural gas companies and the customers from default.

(D) When the commission approves an application, it will issue the applicant a numbered certificate that indicates the service(s) for which the applicant is certified to provide and the dates for which the certificate is valid.

(E) Unless otherwise specified by the commission, a retail natural gas supplier's or governmental aggregator's initial or renewal certificate is valid for a period of two years, beginning and ending on the dates specified on the certificate.

(F) If the commission acts to deny an application, in whole or in part, it will docket its decision and notify the applicant that its application, or parts of its application, has been denied, including the reason(s) for such denial.

Last updated September 25, 2026 at 9:09 AM

History

Effective: October 5, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-27-11 Material changes to business operations.

(A) A retail natural gas supplier or governmental aggregator shall file with the commission notification of any material change to the information supplied in a certification or most recent certification renewal application within thirty days of such material change.

(1) A retail natural gas supplier or governmental aggregator shall file such notice under the docket number assigned to the retail natural gas supplier's or governmental aggregator's initial certification or most recent certification renewal application, whichever is the most recent.

(2) After notice and an opportunity for a hearing, the commission may suspend, rescind, or conditionally rescind a retail natural gas supplier's or governmental aggregator's certificate if it determines that the material change will adversely affect the retail natural gas supplier's or governmental aggregator's fitness or ability to provide the services for which it is certified; or to provide reasonable financial assurances sufficient to protect natural gas companies and the regulated sales service customers from default.

(B) Material changes to the information contained in or supplied with a certification or most recent certification renewal application include, but are not limited to, the following:

(1) Any significant change in ownership (being an ownership interest of five per cent or more) of the applicant or retail natural gas supplier.

(2) An affiliation with any public utility or change of an affiliation with a public utility in this state.

(3) Retirement or other long-term changes to the operational status of supply resources relied upon by the retail natural gas supplier or the retail natural gas supplier of a governmental aggregator to provide competitive retail natural gas service.

(4) Revocation, restriction, or termination of any interconnection or service agreement with a pipeline company or natural gas company relied upon by a retail natural gas supplier or the retail natural gas supplier of a governmental aggregator to provide competitive retail natural gas service.

(5) The applicant or retail natural gas supplier's bond rating falls below BBB- as reported by Standard & Poors, Duff & Phelps, or Fitch IBCA or below Baa3 as reported by Moody's investor service.

(6) The applicant or retail natural gas supplier has or intends to file for reorganization, protection from creditors, or any other form of bankruptcy with any court.

(7) Any judgment, finding, or ruling by a court or regulatory agency that could affect a retail natural gas supplier's or governmental aggregator's fitness or ability to provide service in this state.

(8) Any change in the name of the applicant's regulatory contact, the staff contact for consumer complaints, and the customer service contact, the contact's business or electronic mail address, or telephone or fax number.

(9) Any change in the applicant's name or any use of a fictitious name.

Last updated July 31, 2024 at 1:58 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-27-12 Transfer or abandonment of a certificate.

(A) A retail natural gas supplier or governmental aggregator shall not transfer its certificate to any person without prior commission approval.

(1) A retail natural gas supplier or governmental aggregator may apply for commission approval to transfer its certificate by filing a certificate transfer application.

(2) A transfer application shall be automatically approved on the thirty-first day after filing, unless the commission or attorney examiner acts to suspend or reject the application.

(B) A retail natural gas supplier or governmental aggregator shall not abandon the service(s) it provided under a certificate without filing an abandonment application and without commission approval. The retail natural gas supplier or governmental aggregator shall fulfill the terms of all existing contracts with customers or assign such contracts to another retail natural gas supplier or governmental aggregator prior to abandoning service.

(1) Abandonment applications shall be filed at least ninety days prior to the effective date that the retail natural gas supplier or governmental aggregator will cease providing service. The application shall include copies of any notices provided pursuant to paragraphs (B)(2), (B)(3), and (B)(4) of this rule.

(2) At least ninety days prior to abandoning service in the state of Ohio, a retail natural gas supplier or governmental aggregator shall provide written notice to each natural gas company in whose service area the retail natural gas supplier or governmental aggregator operates of its intent to cease providing service in the state of Ohio. That notice shall reflect that the retail natural gas supplier or governmental aggregator has filed an abandonment application with the commission.

(3) At least ninety days prior to abandoning service, a retail natural gas supplier or governmental aggregator shall provide written notice to its existing customers and the office of the Ohio consumers' counsel of its intent to abandon service. Such notice shall indicate the retail natural gas supplier's or governmental aggregator's intent to fulfill or assign customer contracts, including the effective date of such assignment, the effective date it will cease to provide service, and identify the commission's toll-free and Ohio relay service telephone numbers. That notice shall reflect that the retail natural gas supplier or governmental aggregator has filed an abandonment application with the commission. Such notice shall also inform existing customers that, if they do not choose an alternative supplier, their natural gas company will supply them under the applicable tariff service and provide instructions on how they can obtain service from an alternative retail natural gas supplier or governmental aggregator. Such notice shall be provided to the commission staff for its review and to the incumbent natural gas company, prior to customer dissemination.

(4) The retail natural gas supplier or governmental aggregator shall provide notice of its abandonment to its existing customers by separate message that is mailed or otherwise directly delivered to the customer or by notice on customer billing statements. Where the retail natural gas supplier or governmental aggregator is providing the billing, the retail natural gas supplier or governmental aggregator shall provide notice of its abandonment. Where the natural gas company is billing for the retail natural gas supplier or governmental aggregator, the retail natural gas supplier or governmental aggregator may negotiate with the incumbent natural gas company to provide such notice of its abandonment on each billing statement rendered to existing customers. Abandonment notices shall begin at least ninety days before the effective date of the abandonment and shall continue monthly until the operation is abandoned.

(5) If the commission does not act upon the application within ninety days of the filing date, the application shall be deemed automatically approved on the ninety-first day after the official filing date.

Last updated July 31, 2024 at 1:58 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-27-13 Certification suspension, rescission, or conditional rescission.

(A) After reasonable notice and the opportunity for a hearing, the commission may, upon its own motion or upon complaint, suspend, rescind, or conditionally rescind a retail natural gas supplier's or governmental aggregator's certificate, in whole or in part, for good cause shown.

(B) If the commission suspends a retail natural gas supplier's or governmental aggregator's certificate:

(1) The commission will notify the retail natural gas supplier or governmental aggregator of the reasons and effective dates for such suspension and specify the actions, including associated time frames, that the retail natural gas supplier or governmental aggregator must take in order to have the suspension lifted.

(2) The retail natural gas supplier or governmental aggregator shall continue to provide all services it is obligated to provide under contract to its existing customers, but it shall not advertise, offer, or contract to provide any new competitive retail natural gas service to existing customers, nor advertise, offer, or contract to provide any competitive retail natural gas service to potential customers during the suspension, unless the commission orders otherwise. Such suspensions and related prohibitions against advertising, offering or entering into contracts apply statewide, unless otherwise ordered by the commission.

(1) The commission will delineate the specific conditions that the retail natural gas supplier or governmental aggregator must meet and establish a date by which the conditions must be met in order for the retail natural gas supplier or governmental aggregator to avoid permanent rescission of its certificate.

(2) Unless otherwise ordered by the commission, the retail natural gas supplier or governmental aggregator shall continue to provide all services it is obligated to provide under contract to its existing customers, but it shall not advertise, offer, or contract to provide any new competitive retail natural gas service to existing customers, nor advertise, offer, or contract to provide any competitive retail natural gas service to potential customers throughout the duration of a conditional rescission of a certificate.

(D) If the commission rescinds a retail natural gas supplier's or governmental aggregator's certificate:

(1) The commission will notify the retail natural gas supplier or governmental aggregator of the reasons for and effective date of such rescission.

(2) Upon the effective date specified by the commission, a retail natural gas supplier or governmental aggregator whose certificate has been rescinded shall cease providing all competitive retail natural gas service for which it is no longer certified to provide.

(3) Before the effective date of the certificate rescission, a retail natural gas supplier or governmental aggregator that provides competitive retail natural gas service to customers shall cooperate fully with each natural gas company in whose service area it provides such service to ensure that its existing customers will be served by another retail natural gas supplier, governmental aggregator or by the natural gas company on and after the effective date of the certificate rescission.

(4) Before the effective date of the certificate rescission, a retail natural gas supplier or governmental aggregator whose certificate has been rescinded shall provide a written notice to each of its customers that indicates that its certificate has been rescinded and specifies the date(s) it will cease to provide service. Such notice shall be provided to the commission staff for its review and to the incumbent natural gas company prior to customer dissemination. Such notice shall also inform existing customers that, if they do not choose an alternative supplier, their natural gas company will supply them under the applicable tariff service and provide instructions on how they can obtain service from an alternative retail natural gas supplier or governmental aggregator.

(E) Reasons that the commission may suspend, rescind, or conditionally rescind a retail natural gas supplier's or governmental aggregator's certificate include, but are not limited to:

(1) A retail natural gas supplier's or governmental aggregator's failure to timely pay any assessment made pursuant to section 4905.10 or section 4911.18 of the Revised Code.

(2) A retail natural gas supplier's or governmental aggregator's failure to timely file an annual report of its intrastate gross receipts and sales of hundred cubic feet of gas pursuant to section 4905.10, or section 4911.18, or division (B) of section 4929.23 of the Revised Code.

(3) A finding by the commission that a retail natural gas supplier or governmental aggregator has materially underreported its intrastate gross receipts and sales of hundred cubic feet of gas on reports required by rule 4901:1-30-01 of the Administrative Code.

(4) A finding by the commission that any information reported to the commission subsequent to granting a certificate adversely affects a retail natural gas supplier's or governmental aggregator's fitness or capability to provide any service covered by its certificate.

(5) A finding by the commission that a retail natural gas supplier or governmental aggregator knowingly omitted information or knowingly provided false information on a certification or certification renewal application, including supporting attachments.

(6) A finding by the commission that a retail natural gas supplier or governmental aggregator has provided a competitive retail natural gas service without being certified by the commission to provide such service.

(7) A finding by the commission that a retail natural gas supplier or governmental aggregator has violated any applicable commission rule or order adopted pursuant to Chapter 4929. of the Revised Code.

(8) A finding by the commission that a retail natural gas supplier or governmental aggregator has failed to consent to the jurisdiction of the courts of this state or has failed to designate an agent to accept service of process pursuant to section 4929.21 of the Revised Code.

(9) A finding by the commission that a retail natural gas supplier or governmental aggregator has engaged in an anticompetitive act.

(10) A finding that a retail natural gas supplier or the retail natural gas supplier of a governmental aggregator has failed to maintain appropriate financial security or has otherwise committed an act of default as defined by a natural gas company's tariff or by agreement between the natural gas company and the retail natural gas supplier or governmental aggregator.

(11) A finding by the commission that a retail natural gas supplier or governmental aggregator has failed to comply with state laws or rules designed to protect consumers in this state, or has otherwise engaged in any fraudulent, misleading or unfair practice.

(12) A finding by the commission that a retail natural gas supplier has failed to maintain an Ohio office and an employee in this state, in accordance with section 4929.22 of the Revised Code.

Last updated July 15, 2024 at 9:16 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-27-14 Financial security.

(A) Pursuant to a tariff filed with the commission in accordance with division (A) of section 4929.20 of the Revised Code and rule 4901:1-13-14 of the Administrative Code, a retail natural gas supplier shall maintain financial assurance sufficient to protect customers and the natural gas company from default.

(B) A natural gas company may require a retail natural gas supplier to furnish financial and other information contained in the natural gas company's tariff to determine the type and/or amount of the financial assurances required for compliance with paragraph (A) of this rule.

(C) A retail natural gas supplier may bring an action before the commission seeking review of the natural gas company's determination of financial assurances requirements or may seek staff mediation as to any dispute.

(D) If a retail natural gas supplier fails to maintain sufficient financial assurances to protect a natural gas company and customers from default by the retail natural gas supplier, the natural gas company may apply for relief at the commission.

(E) As used in this rule, "retail natural gas supplier" has the same meaning as in section 4929.01 of the Revised Code, but excludes a broker or aggregator.

Last updated September 25, 2026 at 9:09 AM

History

Effective: October 5, 2026
Promulgated Under: 111.15

Chapter 4901:1-28 Aggregation with Prior Consent

Ohio Adm.Code 4901:1-28-01 Definitions.

As used in this chapter:

(A) "Commission" means the public utilities commission of Ohio.

(B) "Customer" means a person who contracts with or is solicited by a retail natural gas supplier or governmental aggregator for the provision of a competitive retail natural gas service.

(C) "Eligible governmental aggregation customer" means a person that is eligible to participate in a governmental aggregation in accordance with sections 4929.26 and 4929.27 of the Revised Code and does not include any of the following:

(1) A person that is both a distribution service customer and a mercantile customer on the date of commencement of service to the governmental aggregation, or the person becomes a distribution service customer after the service commencement date and is also a mercantile customer.

(2) A person that is supplied with commodity sales service pursuant to a contract with a retail natural gas supplier.

(3) A person that is supplied with commodity sales service as part of the percentage of income payment plan program or similar or successor program adopted by the commission under Chapter 4905. or 4929. of the Revised Code.

(4) A person that has failed to discharge, or enter into a plan to discharge, all existing arrearages owed to or being billed by the incumbent natural gas company.

(D) "Existing customer" means a person who has a contract with a retail natural gas supplier or governmental aggregator for the provision of competitive retail natural gas service.

(E) "Governmental aggregation program" means the aggregation program established by the governmental aggregator with a fixed aggregation term, which is a period of not less than one year and no more than two years.

(F) "Governmental aggregator" has the meaning set forth in division (K)(1) of section 4929.01 of the Revised Code. For purposes of this chapter, "governmental aggregator" specifically excludes a municipal corporation acting exclusively under Section 4 of Article XVIII, Ohio Constitution, as an aggregator for the provision of competitive retail natural gas service.

(G) "Mercantile customer" has the meaning set forth in division (L) of section 4929.01 of the Revised Code.

(H) "Natural gas company" has the meaning set forth in division (G) of section 4929.01 of the Revised Code.

(I) "Operations and governance plan" means a plan adopted by a governmental aggregator pursuant to division (C) of section 4929.26 of the Revised Code.

(J) "Opt off" means an action by a person to remove his/her name and associated account information from a natural gas company's pre-enrollment list.

(K) "Opt-out notice" means a notice provided to the public pursuant to section 4929.26 of the Revised Code.

(L) "Pre-enrollment list" means a list of customers and associated customer information compiled by a natural gas company pursuant to division (F) of section 4929.22 of the Revised Code and as directed by the commission.

(M) "Retail natural gas service" has the meaning set forth in division (M) of section 4929.01 of the Revised Code.

(N) "Retail natural gas supplier" has the meaning set forth in division (N) of section 4929.01 of the Revised Code.

Last updated July 15, 2024 at 9:16 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-28-02 Purpose and scope.

(A) The rules in this chapter apply to a governmental aggregator's formation and operation of an opt-out governmental aggregation pursuant to Chapter 4929. of the Revised Code and to cooperation between natural gas companies and governmental aggregators.

(B) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

(1) Establish minimum requirements for formation and operation of governmental aggregations.

(2) Establish minimum requirements for a governmental aggregator's operation and governance plan.

(3) Establish minimum requirements for a governmental aggregator's opt-out notice to customers.

(4) Foster cooperation between natural gas companies and governmental aggregators.

Last updated July 31, 2024 at 1:59 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-28-03 Formation and operation of an opt-out governmental aggregation and minimum requirements for operations and governance plans.

(A) Prior to applying for certification at the commission, a governmental aggregator that will form an opt-out aggregation shall complete all of the requirements specified in divisions (A) to (D) of section 4929.26 of the Revised Code, including adopting an ordinance or resolution authorizing an opt-out aggregation, conducting a general or special election in accordance with division (B) of section 4929.26 of the Revised Code for authorization from electors to form the aggregation, and approving a plan for operation and governance of the aggregation as specified by division (C) of section 4929.26 of the Revised Code.

(B) The operation and governance plan adopted shall detail the services that will be provided under the aggregation and specify all customer rights and obligations under the aggregation. The plan shall be sufficiently detailed to allow customers to readily understand the services that the governmental aggregator is to provide and to compare those services against similar services provided by competitive suppliers. The governmental aggregator shall write the plan in clear and plain language so that an average residential customer can easily understand it. The plan shall, at a minimum, contain all of the following:

(1) A detailed description of services the governmental aggregator is to provide under the aggregation, including noting whether the service is to be provided directly by the governmental aggregator or by a party contracted by the governmental aggregator.

(2) A description of the processes that the governmental aggregator will use to determine the rates that will be charged.

(3) A detailed description of the governmental aggregator's plan for providing the required opt-out disclosure notices to eligible governmental aggregation customers. The plan shall describe the steps that the governmental aggregator will take to ensure that all eligible governmental aggregation customers residing within the governmental aggregator's governmental boundaries are notified. The plan shall also identify the time frames associated with the notice.

(4) A detailed description of the process for developing the pool of customer accounts that may be included in the aggregation, including the steps that will be taken to identify and eliminate customers that are not eligible to participate in the aggregation and eligible governmental aggregation customers who opt out of the aggregation.

(5) The governmental aggregator's plan for billing customers, including an identification of billing intervals and the identity of the entity that will transmit the bill to the customer.

(6) A listing of any credit or deposit procedures and the policies that the governmental aggregator will employ in the event that a customer fails to pays its bill.

(7) A detailed description of the governmental aggregator's customer service procedures and dispute resolution processes, including notice of the customer's right to contact the commission and the commission's toll-free and Ohio relay service telephone numbers for its call center. These procedures and processes shall comport with the requirements specified in rule 4901:1-29-08 of the Administrative Code.

(8) A detailed description of the policies associated with a customer moving into the aggregation or within the aggregation where the incumbent natural gas company considers the customer that is moving to be a new customer. If the policies provide that these customers will be automatically included in the aggregation, the governmental aggregator shall provide the customers an opportunity to opt out of the aggregation in accordance with the procedures set forth in rule 4901:1-28-04 of the Administrative Code.

(9) A detailed description of the policies associated with a customer moving within the aggregation where the customer is not assigned a new account number by the incumbent natural gas company. A customer in these circumstances may maintain the rate that the customer was charged at its previous location or, if the rate at the new location is higher than at the customer's previous location, the customer shall have the opportunity to opt out of the aggregation without penalty, pursuant to the procedures set forth in rule 4901:1-28-04 of the Administrative Code.

(10) A description of the governmental aggregator's policies regarding the ability of a customer who had previously opted out of the aggregation to join the aggregation, including identification of any associated conditions.

(D) A governmental aggregator shall not alter its operation and governance plan in any way that would materially affect the customers of the aggregation without first providing notice to all affected customers and providing these customers the opportunity to opt out of the aggregation according to the procedures established for the initial opt-out disclosure notice set forth in rule 4901:1-28-04 of the Administrative Code. The notice shall set forth the changes to the plan, inform the customer of its right to opt out of the aggregation without penalty, and identify the method and time frame for the customer to opt out.

(E) No governmental aggregator shall send an opt-out disclosure notice to potential customers of an aggregation prior to the governmental aggregator being certified by the commission.

Last updated July 31, 2024 at 1:59 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-28-04 Opt-out disclosure requirements.

(A) Prior to including a customer's natural gas account or accounts in an aggregation, a governmental aggregator shall provide each eligible governmental aggregation customer written notice that the customer's account(s) will be automatically included in the aggregation unless the customer affirmatively opts out of the aggregation. The notice shall, at a minimum, include:

(1) The language on the front cover of the envelope or postcard providing the notice shall state "important natural gas aggregation information."

(2) A summary of the actions that the governmental entity took to authorize the aggregation.

(3) A description of the services that the governmental aggregator will provide under the aggregation.

(4) Disclosure of the price that the governmental aggregator will charge customers for competitive retail natural gas service, including:

(a) Dollars and/or cents per hundred cubic feet of gas ("Ccf") or thousand cubic feet of gas ("Mcf"), depending on the unit that is used by the natural gas company that serves the customer, if the product is based on a per-unit price. For flat-monthly rate offers, a specific listing of the rate to be charged per month for the duration of the contract.

(b) If a variable rate is offered, an understandable description of the factors that will cause the price to vary (including any associated indices) and disclosure of how frequently the rate will change.

(c) A statement that the retail natural gas supplier's or governmental aggregator's rate is exclusive of all applicable state and local taxes.

(5) If different rates will be charged to different rate classes within the aggregation, the governmental aggregator shall disclose the applicable rate(s) to customers within the various rate classes.

(6) An itemized list and explanation of all fees and charges that are not incorporated into the rates charged for natural gas that the governmental aggregator will charge the customer for participating in the aggregation, including any applicable switching fees or early termination penalties. These switching fees and/or early termination penalties shall not apply to a customer that moves out of the governmental aggregator's territory.

(7) Disclosure of the dates covered by the governmental aggregation program, including an estimated service commencement date and notice that the customer may opt out of the aggregation at least every two years without penalty.

(8) Disclosure of any credit and/or deposit policies and requirements.

(9) Disclosure of any limitations or conditions on customer acceptance into the aggregation.

(10) A description of the process and associated time period for customers to opt out of the aggregation. The process shall include provisions for customers to return a post card or similar notice to the governmental aggregator or its agent. The process may include, in addition, other opt-out methods, such as telephonic or internet notice, provided that these methods provide for verification of a customer's election to opt out of the aggregation.

(11) The time period for a customer to choose to opt out of the aggregation shall extend at least twenty-one days from the date of the post mark on the written notice. A customer's return post card or notice that is post marked before the opt-out deadline has elapsed shall be deemed to have opted out.

(12) A local or toll-free telephone number that customers can call with questions regarding the formation or operation of the aggregation, including associated calling hours.

(B) At least every two years from the establishment of its governmental aggregation program, a governmental aggregator shall provide notice to all customers served by the aggregation of their right to opt out of the aggregation without penalty. This notice shall follow the procedures established for the initial opt-out notice set forth in this rule and shall prominently disclose to customers all changes to the terms and conditions associated with the aggregation.

(C) No governmental aggregator or retail natural gas supplier serving a governmental aggregation shall impose any terms, conditions, fees, or charges on any customer served by a governmental aggregation unless the particular term, condition, fee, or charge was clearly disclosed to the customer at the time the customer chose not to opt out of the aggregation.

(D) To assist its preparation and dissemination of required opt-out notices, a governmental aggregator that is certified by the commission may request that the incumbent natural gas company provide it with customer information consistent with paragraph (A) of rule 4901:1-28-05 of the Administrative Code. The governmental aggregator shall not, without the customer's express written consent or electronic authorization or unless pursuant to a court or commission order:

(1) Disclose or use for any purpose other than formation and operation of its aggregation a customer's account number or social security number or any customer information regarding customers.

(2) Release any customer account number, social security number, or any information related to a customer without first obtaining the customer's signature on a release form. Forms requiring a customer to circle or to check off preprinted types of information to be released may not be used. The release form shall:

(a) Be on a separate piece of paper.

(b) Be clearly identified on its face as a release of personal information and contain text that shall be in at least sixteen-point type.

(c) Contain the following statements prominently, just prior to the signature, in type larger and darker than the type in the surrounding sentences: "I realize that, under the rules and regulations of the public utilities commission of Ohio, I may refuse to allow (name of aggregator) to release the information set forth above. By my signature, I freely give (name of aggregator) permission to release the information designated above."

(d) Specify on the form the information sought to be released.

(E) Each governmental aggregator shall use its best efforts to ensure that only eligible governmental aggregation customer accounts within its governmental boundaries and customers who have not opted out are included in its aggregation. If ineligible accounts, accounts from outside of the governmental aggregator's governmental boundaries, or accounts for customers who opted out of the aggregation are switched to the governmental aggregation:

(1) The governmental aggregator shall promptly contact the natural gas company to have the customer switched back to the customer's former supplier.

(2) The governmental aggregator or the natural gas company, whichever is at fault for an improper switch, shall reimburse the customer for any switching fees that were paid by the customer as a result of the improper switch.

(3) The governmental aggregator or the natural gas company, whichever is at fault for an improper switch, shall reimburse the customer for the difference between the customer's former rate and the governmental aggregator's rate multiplied by the customer's usage during the time that the customer was served by the governmental aggregator, if the customer's former rate was less than the rate charged by the governmental aggregator and the higher rate was paid by the customer.

(F) The governmental aggregator shall docket with the commission's docketing division an advance notice of the governmental aggregation opt-out program with the final opt-out or any supplemental opt-out customer notification no more than thirty days, but no less than ten days, prior to sending the opt-out notification to customers. The advanced notice to the commission shall identify the affected community and natural gas company involved, include the beginning and ending dates of the twenty-one day opt-out period, and provide the identification of the selected competitive retail natural gas service supplier.

Last updated July 31, 2024 at 1:59 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-28-05 Cooperation between natural gas companies and certified governmental aggregators.

(A) Each natural gas company, each governmental aggregator and each retail natural gas supplier of a governmental aggregator will cooperate to facilitate the proper formation and functioning of governmental aggregations. To assist a certified governmental aggregator's compliance with the opt-out disclosure notice requirements established in division (D) of section 4929.26 of the Revised Code, upon request, the incumbent natural gas company will provide, on a best-efforts basis, an updated list of eligible customers, including: names, account numbers, and service and mailing addresses for all eligible governmental aggregation customers residing within the governmental aggregator's boundaries.

(B) Governmental aggregators will use the list of eligible governmental aggregation customers to distribute opt-out disclosure notices within thirty calendar days of the date the list is received from the natural gas company.

(C) Charges and/or fees for services and information provided to governmental aggregators by natural gas companies will be published in an approved tariff filed with the commission.

(D) Unless the customer notifies the incumbent natural gas company of the customer's intent to not join a governmental aggregation by returning a confirmation notice or providing some other notice as provided by that natural gas company's tariffs, the incumbent natural gas company will switch customer accounts to or from a governmental aggregation under the same processes and time frames provided in published tariffs for switching other customer accounts.

Last updated July 15, 2024 at 9:17 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Chapter 4901:1-29 Minimum Standards for Competitive Retail Natural Gas Service

Ohio Adm.Code 4901:1-29-01 Definitions.

As used in this chapter:

(A) "Billing and collection agent" has the meaning set forth in division (I) of section 4929.01 of the Revised Code.

(B) "Ccf" means one hundred cubic feet of natural gas.

(D) "Commodity sales service" has the meaning set forth in division (C) of section 4929.01 of the Revised Code.

(E) "Competitive retail natural gas service" has the meaning set forth in division (J) of section 4929.01 of the Revised Code.

(F) "Complaint" means any customer/consumer contact when such contact necessitates follow-up by or with the retail natural gas supplier or governmental aggregator to resolve a point of contention.

(G) "Consumer" has the meaning set forth in division (E) of section 4929.01 of the Revised Code.

(H) "Contract" means an agreement between a customer and retail natural gas supplier or governmental aggregator that specifies the terms and conditions for provision of a competitive retail natural gas service.

(I) "Customer" means a person who contracts with or is solicited by a retail natural gas supplier or governmental aggregator for the provision of a competitive retail natural gas service.

(J) "Deposit" means a sum of money a retail natural gas supplier or governmental aggregator collects from a customer as a precondition for initiating service.

(K) "Direct solicitation or enrollment" means face-to-face solicitation or enrollment of a customer initiated by a retail natural gas supplier or governmental aggregator at the home of a customer or at a place other than the normal place of business of the retail natural gas supplier or governmental aggregator and includes door-to-door solicitations.

(L) "Disclosure statement" means any communication between a customer and governmental aggregator including operation and governance plans and opt-out notices.

(M) "Distribution service" has the meaning set forth in division (F) of section 4929.01 of the Revised Code.

(N) "Existing customer" means a person who has a contract with a retail natural gas supplier or governmental aggregator for the provision of competitive retail natural gas service.

(O) "Gas company" means a company that meets the definition of a gas company set forth in section 4905.03 of the Revised Code and that also meets the definition of a public utility under section 4905.02 of the Revised Code.

(P) "Governmental aggregator" has the meaning set forth in division (K)(1) of section 4929.01 of the Revised Code. For purposes of this chapter, "governmental aggregator" specifically excludes a municipal corporation acting exclusively under Section 4 of Article XVIII, Ohio Constitution, as an aggregator for the provision of competitive retail natural gas service.

(Q) "Mcf" means one thousand cubic feet of natural gas.

(R) "Mercantile customer" has the meaning set forth in division (L) of section 4929.01 of the Revised Code.

(S) "Natural gas company" has the meaning set forth in division (G) of section 4929.01 of the Revised Code.

(T) "Opt-in governmental aggregator" means those governmental aggregators who perform aggregation pursuant to section 4929.27 of the Revised Code.

(U) "Opt-out governmental aggregator" means those governmental aggregators who perform automatic governmental aggregation pursuant to section 4929.26 of the Revised Code.

(V) "Person" has the meaning set forth in division (H) of section 4929.01 of the Revised Code.

(W) "Regulated sales service customer" means a person who has an agreement by contract and/or tariff with a natural gas company or gas company to receive regulated sales service.

(X) "Residential customer" means a customer who contracts for a competitive retail natural gas service for residential purposes.

(Y) "Retail natural gas service" has the meaning set forth in division (M) of section 4929.01 of the Revised Code.

(Z) "Retail natural gas supplier" has the meaning set forth in division (N) of section 4929.01 of the Revised Code.

(AA) "Small commercial customer" means a commercial customer which is not a mercantile commercial customer under paragraph (R) of this rule.

(BB) "Solicitation" means any communication intended to elicit a customer's agreement to purchase or contract for a competitive retail natural gas service.

(CC) "Staff" means the commission staff.

(DD) "Toll-free" means telephone access provided to a customer without toll charges to the customer.

Last updated July 31, 2024 at 1:59 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-29-02 Purpose and scope.

(A) The rules in this chapter:

(1) Apply to persons offering or providing any competitive retail natural gas service as defined by division (J) of section 4929.01 of the Revised Code.

(2) Apply to the services of natural gas companies as necessary to implement the rules of this chapter.

(3) Are intended to:

(a) Provide minimum standards for service quality, safety, and reliability.

(b) Provide customers with sufficient information to make informed decisions about competitive retail natural gas service.

(c) Protect customers against misleading, deceptive, unfair, and unconscionable acts and practices in the marketing, solicitation, and sale of competitive retail natural gas service and in the administration of any contract for that service.

(d) Promote nondiscriminatory access to competitive retail natural gas services, ensure timely enrollment with retail natural gas suppliers and governmental aggregators, maintain natural gas service, and timely and correctly switch retail natural gas suppliers and governmental aggregators.

(B) After notice and an opportunity for hearing, the commission may require a retail natural gas supplier, governmental aggregator or natural gas company to take any appropriate action necessary to comply with these rules and the state's policy as stated in section 4929.02 of the Revised Code, upon any of the following:

(1) The commission's own motion.

(2) Formal complaints brought to the commission.

(3) The application of any retail natural gas supplier, governmental aggregator, natural gas company, or any person.

(C) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

(D) The rules of this chapter supersede any inconsistent provisions, terms, and conditions of the retail natural gas supplier's contracts entered into after the effective date of this chapter or other documents describing service offerings for customers or potential customers in Ohio or any inconsistencies found in the natural gas company tariffs.

(E) Enforcement of any rule in this chapter or commission order adopted thereunder will be conducted in accordance with Chapter 4901:1-34 of the Administrative Code.

(F) The rules in this chapter do not apply to transactions which involve the supplying or the arranging for the supply of natural gas service to mercantile customers. However, "mercantile customer" excludes a customer for which a declaration has been filed under division (L)(2) of section 4929.01 of the Revised Code.

(G) The governmental aggregator may choose to have the retail natural gas supplier perform certain functions as the governmental aggregator's agent. However, the governmental aggregator is still responsible for ensuring that the requirements of this chapter are met.

Last updated July 15, 2024 at 9:17 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-29-03 General provisions.

(A) A retail natural gas supplier or governmental aggregator shall not engage in unfair, misleading, deceptive, or unconscionable acts or practices related to, without limitation, the following activities:

(1) Marketing, solicitation, or sale of a competitive retail natural gas service.

(2) Administration of contracts for such service.

(3) Provision of such service, including interactions with consumers.

(B) A retail natural gas supplier shall maintain an employee and an office open for business in the state of Ohio.

(C) A retail natural gas supplier or governmental aggregator shall not cause or arrange for the disconnection of distribution service, or employ the threat of such actions, as a consequence of contract termination, customer nonpayment, or for any other reason.

(D) A retail natural gas supplier or governmental aggregator shall not change or authorize the changing of a customer's supplier of competitive retail natural gas service without the customer's prior consent, as provided for under rule 4901:1-29-06 of the Administrative Code. For the purpose of procuring competitive retail natural gas services, this requirement does not apply to automatic governmental aggregation and for the percentage of income payment program, or a commission approved exemption pursuant to division (A) of section 4929.04 of the Revised Code.

(E) For the purposes of market monitoring and providing the public comparative information from retail natural gas suppliers' residential contract offers, retail natural gas suppliers shall furnish in a manner designated by the director of the service monitoring and enforcement department, at least one current offer for posting on the apples to apples chart within four calendar days of making such offers to Ohio customers.

Last updated July 31, 2024 at 1:59 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-29-04 Records and retention.

(A) Each retail natural gas supplier and each governmental aggregator shall establish and maintain records and data sufficient to:

(1) Verify its compliance with the requirements of any applicable commission rules.

(2) Support any investigation of customer complaints.

(B) Unless otherwise prescribed in this chapter, all records required by this chapter shall be retained for no less than two years.

(C) Unless otherwise prescribed by the commission or its authorized representatives, all records required by this chapter shall be provided to the staff within three business days of its request.

Last updated July 15, 2024 at 9:17 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-29-05 Marketing, solicitation, and customer information.

(A) Each retail natural gas supplier and governmental aggregator that offers competitive retail natural gas service to customers shall provide, in marketing materials that include or accompany a service contract, sufficient information for customers to make informed cost comparisons.

(1) For fixed-rate offers, such information shall, at minimum, include:

(a) The cost per Ccf or Mcf, whichever is consistent with the incumbent natural gas company's billing format, for natural gas supply, if the product is based on a per-unit price or, for flat-monthly rate offers, a specific listing of the rate to be charged per month for the duration of the contract.

(b) The amount of any other recurring or nonrecurring retail natural gas supplier or governmental aggregator charges.

(c) A statement that the retail natural gas supplier's or governmental aggregator's rate is exclusive of all applicable state and local taxes and the incumbent natural gas company's service and delivery charges.

(2) For variable-rate offers, such information shall, at minimum, include:

(a) A clear and understandable explanation of the factors that will cause the price to vary (including any related indices) and how often the price can change.

(b) The amount of any other recurring or retail natural gas supplier or governmental aggregator charges.

(B) Competitive retail natural gas suppliers serving a natural gas company's MVR tariff customers shall provide to the customer the information required in paragraph (A) of this rule upon enrollment.

(C) A retail natural gas supplier's or governmental aggregator's promotional and advertising material shall be provided to the commission or its staff within three business days of a request by the commission or its staff.

(D) No retail natural gas supplier or governmental aggregator may engage in marketing, solicitation, sales acts, or practices which are unfair, misleading, deceptive, or unconscionable in the marketing, solicitation, or sale of a competitive retail natural gas service. Such unfair, misleading, deceptive, or unconscionable acts or practices include, but are not limited to, the following:

(1) Soliciting customers for a competitive retail natural gas service after suspension, rescission, or conditional rescission of certification by the commission or after denial of certification renewal by the commission.

(2) Failing to comply with paragraph (A) of this rule when soliciting a sale of competitive retail natural gas service and failing to disclose all terms, conditions, and limitations, including but not limited to contract length, prices, fees and termination fees, or penalties, and any discretionary charges.

(3) Failing to provide in or with its advertisements and promotional materials that make an offer for sale, a toll-free/local telephone number (and address for printed materials) which the potential customer may call or write to request detailed information regarding the price, terms, conditions, limitations, and restrictions.

(4) Soliciting via telephone calls initiated by the retail natural gas supplier or governmental aggregator (or its agent) without first obtaining the list of Ohio customers who have requested to be placed on the federal trade commission's "do not call" registry and obtaining monthly updates of the federal trade commission's "do not call" registry for the appropriate area code.

(5) Engaging in any solicitation that leads the customer to believe that the retail natural gas supplier or governmental aggregator or its agent is soliciting on behalf of or is an agent of any entity other than the competitive retail natural gas supplier or governmental aggregator.

(6) Engaging in telephone solicitation of residential customers either before nine a.m. or after nine p.m.

(7) Knowingly taking advantage of a customer's inability to reasonably protect their interests because of physical or mental infirmities, ignorance, illiteracy, or inability to understand the language of an agreement.

(8) Advertising or marketing offers that:

(a) Claim that a specific price advantage, savings, or guarantee exists if it does not.

(b) Claim to provide a competitive retail natural gas service when such an offer is not a bona fide offer to sell such services.

(c) Offer a fixed price per Ccf or Mcf, whichever is consistent with the incumbent natural gas company's billing format, for competitive retail natural gas service without disclosing all recurring and nonrecurring charges.

(d) Offer a variable price per Ccf or Mcf, whichever is consistent with the incumbent natural gas company's billing format, for competitive retail natural gas service without disclosing all recurring and nonrecurring charges.

(e) Fail to disclose all material limitations, exclusions, and offer expiration dates.

(f) Fail to fully disclose, in an appropriate and conspicuous type-size, an affiliate relationship or branding agreement on advertising or marketing offers that use an Ohio utility's name and logo.

(E) Retail natural gas suppliers or governmental aggregators when engaging in direct solicitation shall:

(1) Perform a criminal background check on all employees and agents of retail natural gas suppliers or governmental aggregators engaged in door-to-door solicitation. The criminal background check shall be done by an independent contractor and the retail natural gas suppler or governmental aggregator shall confirm that the independent contractor has performed the comprehensive criminal background check on its employees or agents in accordance with this rule.

(2) Comply with all applicable ordinances and laws of the customer's jurisdiction, when engaged in direct solicitation door-to-door. Where the applicable ordinances and laws do not limit the hours of direct solicitation door-to-door, not solicit customers before the hour of nine a.m. or after the hour of seven p.m.

(3) Leave the premises of a customer when requested to do so by the customer or the owner or occupants of the premises, when engaging in direct solicitation door-to-door.

(4) Ensure when in direct solicitation of customers that the retail natural gas supplier's or governmental aggregator's sales agent displays a valid retail natural gas supplier or governmental aggregator photo identification, preapproved by the staff. The retail natural gas supplier or governmental aggregator shall display to a customer at the first opportunity their photo identification. If a customer is enrolled by a retail natural gas supplier or governmental aggregator, the retail natural gas supplier or governmental aggregator shall offer to leave a form of identification with the customer.

Last updated July 31, 2024 at 1:59 PM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-29-06 Customer enrollment and consent.

(A) The retail natural gas supplier and governmental aggregator shall coordinate customer enrollment with the incumbent natural gas company in accordance with the procedures set forth in this chapter. Enrollment requests submitted to the incumbent natural gas company must contain customer account information, unless the incumbent natural gas company's tariff authorizes the use of alternative information for enrollment purposes. Retail natural gas suppliers must use a version of an eligible-customer list, as prescribed in paragraph (D) of rule 4901:1-13-14 of the Administrative Code, made available within the last twelve months, unless otherwise stated in the incumbent natural gas company's tariff, when marketing to and enrolling customers.

(B) A retail natural gas supplier and governmental aggregator needs consent to enroll potential customers and proof of that consent as delineated in paragraphs (E), (F), and (G) of this rule. This requirement does not apply to opt-out governmental aggregation and for the percentage of income payment program.

(C) A retail natural gas supplier or governmental aggregator is prohibited from enrolling a potential customer that has failed to discharge, or enter into a plan to discharge, all existing arrearages owed to or being billed by the incumbent natural gas company including those customers enrolled in the percentage of income payment plan plus program (PIPP plus).

(D) Competitive retail natural gas suppliers must verify the customer's identity at the time of enrollment and must maintain proof of verification. The following forms of identification may be used to verify a customer's identity:

(1) "Customer account information," as that term is defined in division (A) of section 4929.222 of the Revised Code;

(2) A valid form of government-issued identification issued to the customer; or

(3) A sufficient alternative form of identification that allows the competitive retail natural gas supplier to establish the customer's identity accurately.

(E) Mailings, facsimiles, and direct enrollment

(1) Where enrollment occurs by direct solicitation, as proof of verification required under paragraph (D) of this rule, competitive retail natural gas suppliers must obtain the customer's signature acknowledging such verification occurred and must indicate which of the three types of forms of identification acceptable under paragraphs (D)(1), (D)(2), and (D)(3) of this rule was used for verification.

(2) Where enrollment occurs by mail, facsimile, or direct solicitation, the customer's signature on a contract constitutes consent.

(3) Consistent with rule 4901:1-29-05 of the Administrative Code, prior to entering into a contract for service, a retail natural gas supplier or governmental aggregator shall provide each customer with enrollment documents that contain, at a minimum, clear and understandable pricing, terms and conditions of service, the dollar amount of all recurring and nonrecurring charges (including any fees for early termination of the contract), and the duration of the contract.

(4) Before obtaining a signature from the applicant, a retail natural gas supplier or governmental aggregator shall provide each customer a reasonable opportunity to read all enrollment documents and shall answer any and all questions posed by any applicant about information contained in the documents.

(5) Immediately upon obtaining the customer's signature, a retail natural gas supplier and governmental aggregator shall provide the applicant a legible copy of the signed contract, unless the retail natural gas supplier or governmental aggregator has already provided the customer with a separate, complete copy of the terms and conditions for the customer's records and the retail natural gas supplier or governmental aggregator has complied with paragraph (C) of rule 4901:1-29-10 of the Administrative Code.

(6) Where enrollment occurs by direct solicitation, customers shall be advised both verbally and in the contract that:

(a) The incumbent natural gas company will be sending a confirmation notice of the transfer of service.

(b) The customer is allowed a seven-business-day period from the confirmation notice postmark date to rescind the enrollment.

(7) Direct enrollment of a residential or small commercial customer door-to-door by a retail natural gas supplier or governmental aggregator must comply with the following minimum requirements:

(a) Acknowledgment forms

A retail natural gas supplier or governmental aggregator enrolling customers through door-to-door solicitation shall have the customer execute an acknowledgement form as part of and at the time of the door-to-door enrollment process. The acknowledgment form shall include, at a minimum, the following statements or questions:

(i) Did the representative state he/she was representing a [retail natural gas supplier or governmental aggregator] and was not from the natural gas company?

(ii) Did the representative explain that by signing the enrollment form you were entering into an agreement/contract for [retail natural gas supplier or governmental aggregator] to supply your natural gas?

(iii) Did the representative explain the price for natural gas under the contract you signed is _____ dollars per [Ccf or Mcf, whichever is consistent with the incumbent natural gas company's billing format] plus sales tax?

(iv) Did the representative explain that the contract term is ____ year(s)?

(v) Did the representative explain your right to cancel?

(vi) Did the representative leave two completed right to cancel notices with you?

(vii) Did the representative disclose whether or not an early termination liability fee would apply if you cancel the contract before the expiration of the contract term? If such a fee does apply to your contract, did the representative disclose the amount of the fee?

(b) Third-party verification

A retail natural gas supplier or governmental aggregator enrolling customers through door-to-door solicitation shall provide for an independent third-party verification to ensure the validity of enrollment prior to submission to the incumbent natural gas company and shall not initiate enrollment with the incumbent natural gas company without a valid independent third-party verification. The independent third-party verification shall be conducted in accordance with paragraph (F)(1) of rule 4901:1-29-06 of the Administrative Code and the process shall include the following:

(i) The representative of the retail natural gas supplier or governmental aggregator shall contact the independent third-party verifier at the conclusion of customer enrollment to initiate the independent third-party verification process.

(ii) The independent third-party verifier must confirm with the customer that the representative of the retail natural gas supplier or governmental aggregator has left the property of the customer. The representative of the retail natural gas supplier or governmental aggregator is not to return before, during, or after the independent third-party verification process.

(iii) The independent third-party verifier shall structure the independent third-party verification interview to give the customer adequate time to respond to questions and shall not prompt answers from the customer in their response.

(iv) The retail natural gas supplier or governmental aggregator must retain the audio recording of the customer's enrollment for one year after the contract with the customer is terminated.

(v) The retail natural gas supplier or governmental aggregator must provide a copy of the independent third-party verification to the incumbent natural gas company or the staff within three business days of any such request.

The terms and conditions must be provided to the residential customer at the time of sale. Paper copies of the terms and conditions must be printed in dark ink on white or pastel paper and be ten-point type or greater. Electronic copies of the signed contract may be provided in the following conditions:

(i) The customer has agreed to receive an electronic copy of the contract and provides his/her electronic mail address.

(ii) The third-party verification conducted in accordance with paragraph (E)(7)(b) of this rule shall include a verbal statement and the customer's acknowledgment that the customer consents to receive a copy of the terms and conditions via electronic mail.

(iii) The customer is offered an unsigned paper copy which includes a version number that matches the signed electronic copy.

(iv) The terms and conditions are electronically mailed to the customer at the time of sale.

(v) The retail natural gas supplier shall provide a mechanism by which both the submission and receipt of the electronic terms and conditions are recorded by time and date.

(d) Retail natural gas suppliers or governmental aggregators shall remove a customer's name from the marketing/sales database upon the customer's request.

(8) The retail natural gas supplier and governmental aggregator shall send an electronic enrollment request to the incumbent natural gas company within three business days following receipt of the contract executed by the customer, unless a later enrollment transmittal date is agreed to in the contract by the customer or if the customer rescinds the enrollment.

(F) Telephonic enrollment

(1) To enroll a customer telephonically, a retail natural gas supplier or governmental aggregator, shall make a date- and time-stamped audio recording of the sales portion of the call, if the customer is enrolled, and before the completion of the enrollment process, a date- and time- stamped audio recording by an independent third-party verifier that verifies, at a minimum, the following:

(a) The retail natural gas supplier, governmental aggregator, or the independent third-party verifier identity and the exact purpose of the call.

(b) A verbal statement and the customer's acknowledgement that the call is being recorded.

(c) A verbal statement and customer's acknowledgement that the retail natural gas supplier or governmental aggregator is not the customer's natural gas company and that the customer may choose to remain with the natural gas company's applicable tariff or default service.

(d) A verbal question and the customer's acknowledgement that the customer has given consent to enroll with the retail natural gas supplier or governmental aggregator.

(e) A verbal question and the customer's acknowledgement that the customer is the customer of record or is authorized to switch the retail natural gas supplier or governmental aggregator for the customer of record.

(f) In accordance with rule 4901:1-29-11 of the Administrative Code, a verbal statement and the customer's acceptance of each of the principal terms and conditions for the service that will be provided, including, but not limited to:

(i) The service(s) that will be provided.

(ii) The price per Ccf or Mcf, whichever is consistent with the incumbent natural gas company's billing format if the product is based on a per-unit price, or for flat-monthly rate offers, a specific listing of the rate to be charged per month for the duration of the contract.

(iii) The length of the contract term.

(iv) An approximate service commencement date.

(v) The contract termination date, and any fees for customer cancellation prior to such date.

(vi) Any material limitations, conditions, or exclusions.

(vii) Any fees or costs to the customer.

(viii) If applicable, whether the retail natural gas supplier or governmental aggregator will perform a credit check and require a deposit, including the amount.

(ix) Who will bill for the retail natural gas supplier's and governmental aggregator's service(s).

(x) The enrollment confirmation number.

(g) A verbal statement and the customer's acknowledgement that the retail natural gas supplier or governmental aggregator will, within one business day, send the customer a written contract that details the terms and conditions that were summarized in the telephone call.

(h) Customers are advised both verbally and in the contract of all of the following:

(i) The incumbent natural gas company will be sending a confirmation notice of the transfer of service.

(ii) The customer is allowed a seven-business-day period from the confirmation notice postmark date to rescind the enrollment.

(iii) The customer should contact the incumbent natural gas company to rescind the enrollment.

(i) The incumbent natural gas company's toll-free or local telephone number that the customer can call to rescind the enrollment.

(j) If applicable, a verbal request for and the customer's provision of the customer's natural gas company's account number.

(k) A verbal request for and the customer's provision of the customer's mailing address.

(2) Following telephonic enrollment, the retail natural gas supplier or governmental aggregator shall:

(a) Within one business day, send the customer a written contract that details the terms and conditions summarized in the telephone call pursuant to rule 4901:1-29-11 of the Administrative Code. Such contract shall in no way alter the terms and conditions to which the customer agreed in the telephone call.

(b) Retain the audio recording of the customer's enrollment for one year after the contract with the customer is terminated.

(3) The retail natural gas supplier or governmental aggregator shall not initiate enrollment with the incumbent natural gas company prior to the completion of the enrollment transaction with the customer.

(4) The retail natural gas supplier or governmental aggregator shall send an electronic enrollment request to the incumbent natural gas company within three business days after sending the customer the written contract, unless a later enrollment transmittal date is agreed to in the contract by the customer or if the customer rescinds the enrollment.

(G) Internet enrollment

(1) Where enrollment occurs by internet, prior consent shall be obtained by encrypted customer input on a retail natural gas supplier's or governmental aggregator's internet website.

(2) The internet enrollment website shall, at a minimum, include:

(a) A copy of the retail natural gas supplier's or governmental aggregator's customer contract with all terms and conditions as required by rule 4901:1-29-11 of the Administrative Code.

(b) A statement advising customers both at the website and in the contract that:

(i) The incumbent natural gas company will be sending a confirmation notice of the transfer of service.

(ii) The customer is allowed a seven-business-day period from the confirmation notice postmark date to rescind the enrollment.

(iii) The customer should contact the incumbent natural gas company to rescind the enrollment.

(4) The retail natural gas supplier or governmental aggregator shall send an electronic enrollment request to the incumbent natural gas company within three business days following the completion of the enrollment transaction with the customer, unless a later enrollment transmittal date is specified and agreed to in the contract by the customer or if the customer rescinds the enrollment.

(5) Any electronic version of the contract shall be identified by version number, in order to ensure the ability to verify the particular contract to which the customer agrees.

(6) Throughout the duration of the contract, the retail natural gas supplier or governmental aggregator shall retain and, within three business days of the customer's request, provide to the customer an electronic mail message, paper, or facsimile copy of the terms and conditions of the numbered contract version to which the customer contracted.

(7) The retail natural gas supplier or governmental aggregator shall require the customer to complete an electronic customer consent form in a format retrievable by the retail natural gas supplier or governmental aggregator that includes:

(a) The customer's agreement to the terms and conditions.

(b) An electronic agreement version number.

(d) The date the customer electronically enrolled.

(e) The name of the account holder.

(f) If applicable, the incumbent natural gas company account number.

(g) The account holder's U.S. mailing address.

(8) The retail natural gas supplier or governmental aggregator shall provide a mechanism by which both the submission and receipt of the electronic customer consent form are recorded by time and date.

(9) After the customer completes the electronic customer consent form, the internet enrollment process shall disclose conspicuously that the customer has been enrolled and the retail natural gas supplier or governmental aggregator shall provide the customer an enrollment confirmation number.

(H) In customer enrollment, if the incumbent natural gas company rejects a customer from enrollment, the retail natural gas supplier or governmental aggregator shall notify the customer within three business days from the incumbent natural gas company's notification of rejection that the customer will not be enrolled or enrollment will be delayed, along with the reason(s).

(I) Customers may request an actual meter reading prior to the transfer of the service to the new retail natural gas supplier or governmental aggregator in accordance with paragraph (G)(5) of rule 4901:1-13-04 of the Administrative Code.

(J) Customers returning to the incumbent natural gas company's commodity service:

(1) Any customer returning to the incumbent natural gas company's commodity service due to default, abandonment, slamming, or certification rescission of a retail natural gas supplier or governmental aggregator will not be liable for any costs associated with the switch.

(2) Any switching fee applicable to customers switching from one marketer to another marketer shall also apply to customers switching from a marketer to the incumbent natural gas company's commodity sales service.

(3) Customers participating in an opt-out governmental aggregation program will not be charged a switching fee upon returning to regulated sales service due to either termination of the aggregation or the aggregator switching suppliers.

(4) Any customer returned to the incumbent natural gas company's commodity service shall pay the applicable regulated sales service rate while taking such service.

(5) Within two business days after confirming the validated electronic data file for a retail natural gas supplier's or governmental aggregator's customer-drop request, the incumbent natural gas company shall mail the customer a notice stating:

(a) The incumbent natural gas company has received a request to drop the customer from competitive retail natural gas service with the named retail natural gas supplier or governmental aggregator.

(b) The retail natural gas supplier's or governmental aggregator's toll-free telephone number.

(K) In an instance where the customer and retail natural gas supplier or governmental aggregator agree to a material change to an existing contract, the retail natural gas supplier or governmental aggregator shall obtain proof of the customer's consent to the material change as delineated in paragraphs (E), (F), and (G) of this rule and in accordance with the applicable enrollment process for that customer.

Last updated October 5, 2026 at 9:13 AM

History

Effective: October 5, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-29-07 Credit and deposits.

Each retail natural gas supplier or governmental aggregator must establish reasonable and nondiscriminatory creditworthiness standards and may require a deposit or other reasonable demonstration of creditworthiness from a customer as a condition of providing service. In the application of such standards, deposits, or creditworthiness procedures, the retail natural gas supplier or governmental aggregator shall:

(A) Disclose in service contracts with customers its nondiscriminatory policies regarding creditworthiness and deposits, including the amount of any deposit, the allocation of the deposit, and the return of any deposit balance.

(B) Accept a reasonable and nondiscriminatory deposit as sufficient evidence of the customer's creditworthiness to initiate service.

(D) Provide the customer a receipt for any deposit within ten business days of the date that the deposit is collected.

(E) Return the deposit within seven business days if the customer cancels the contract during the rescission period.

(F) Apply the deposit to the final bill and promptly refund any excess to the customer when service is terminated.

(G) Not require an applicant to pay the balance due another retail natural gas supplier or governmental aggregator as a condition of establishing credit or providing competitive retail natural gas service.

Last updated August 1, 2024 at 9:50 AM

History

Effective: April 13, 2007
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-29-08 Customer access and complaint handling.

(A) Customer access

(1) Each retail natural gas supplier or governmental aggregator shall ensure customers reasonable access to its service representatives to make inquiries and complaints, discuss charges on customer bills, terminate competitive service, and transact any other pertinent business.

(2) Telephone access shall be toll free or local and afford customers prompt answer times during normal business hours.

(3) Each retail natural gas supplier or governmental aggregator shall provide a twenty-four hour automated telephone message instructing callers to report any service interruptions or natural gas emergencies to the incumbent natural gas company.

(B) Customer complaints

(1) Each retail natural gas supplier or governmental aggregator (and/or its agent) shall investigate customer complaints (including customer complaints referred by the natural gas company) and provide a status report within three business days following receipt of the complaint to:

(a) The customer, when the complaint is made directly to the retail natural gas supplier or governmental aggregator.

(b) The staff, when a complaint is referred to the retail natural gas supplier or governmental aggregator by the staff.

(2) If an investigation is not completed within ten business days, the retail natural gas supplier or governmental aggregator (and/or its agent) shall provide status reports to the customer, or if applicable, to the staff. Such status reports shall be provided at three business day intervals until the investigation is complete, unless the action that must be taken will require more than three business days and the customer has been so notified.

(3) The retail natural gas supplier or governmental aggregator (and/or its agent) shall inform the customer, or the staff, of the results of the investigation, orally or in writing, no later than three business days after completion of the investigation. The customer or staff may request the report in writing.

(4) If a customer disputes the retail natural gas supplier's or governmental aggregator's (and/or its agent's) report, the retail natural gas supplier or governmental aggregator shall inform the customer that the staff is available to mediate complaints. The retail natural gas supplier or governmental aggregator (and/or its agent) shall provide the customer with the address, local/toll-free telephone numbers, and Ohio relay service telephone number of the commission's call center.

(5) Each retail natural gas supplier or governmental aggregator shall retain records of customer complaints, investigations, and complaint resolutions for two years after the occurrence of such complaints and shall provide such records to the staff within three business days of request.

(6) Each retail natural gas supplier or governmental aggregator shall make good faith efforts to resolve disputes and cooperate with the resolution of any joint issues with the incumbent natural gas company.

(1) A slamming complaint is a customer's allegation that the customer's retail natural gas supplier or governmental aggregator has been switched without the customer's authorization.

(2) If a customer contacts a retail natural gas supplier, or governmental aggregator alleging that the customer's supplier has been switched without the customer's authorization, the retail natural gas supplier, or governmental aggregator shall:

(a) Provide the customer any evidence relating to the customer's enrollment.

(b) Refer the customer to the commission's call center.

(d) Cooperate with the staff in any subsequent investigations of the slamming complaint.

(3) If a customer initiates a slamming complaint with staff within thirty calendar days after being issued a bill from the alleged slammer, the customer will not be required to pay the current charges assessed by the alleged slammer until the staff determines that the change in the customer's natural gas supplier was authorized. This rule does not apply to governmental aggregation customers whose remedies are found in paragraph (E) of rule 4901:1-28-04 of the Administrative Code.

(4) Except as otherwise provided in Chapter 4901:1-28 of the Administrative Code or a commission-approved exemption pursuant to division (A) of section 4929.04 of the Revised Code, if the retail natural gas supplier or governmental aggregator cannot produce valid documentation confirming that the customer authorized the switch, there is be a rebuttable presumption that the customer was switched without authorization. Such documentation includes one of the following, in conformance with the requirements of rule 4901:1-29-06 of the Administrative Code:

(a) A signed contract, in the case of direct enrollment.

(b) An audio recording, in the case of telephonic enrollment.

(5) In the event that the customer was switched from one retail natural gas supplier or governmental aggregator to a different retail natural gas supplier or governmental aggregator without authorization, the customer's previous retail natural gas supplier or governmental aggregator will re-enroll the customer without penalty under such customer's original contract price for the duration of the original term and send the incumbent natural gas company an electronic enrollment request. If the original retail natural gas supplier or governmental aggregator is unable to return the customer to the original contract price, the original retail natural gas supplier or governmental aggregator may enroll the customer in a new contract pursuant to the provisions of rule 4901:1-29-06 of the Administrative Code, or the customer may select a new retail natural gas supplier or return to the incumbent natural gas company's regulated sales service.

Last updated July 15, 2024 at 9:18 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-29-09 Customer information.

(A) A retail natural gas supplier or governmental aggregator (and/or its agent) shall:

(1) Not disclose or use a customer's account number or any customer information for any purpose other than for operation, maintenance, assignment, and transfer of a customer's account, or for performing collection and credit reporting activities, and not disclose or use a customer's social security number for any purpose other than a to perform a credit check, without the customer's express written or electronic authorization on a release form or pursuant to a court or commission order. Forms requiring a customer to circle or to check off preprinted types of information to be released may not be used. The release form shall:

(a) Be on a separate piece of paper.

(b) Be clearly identified on its face as a release of personal information and all text shall be in at least sixteen-point type.

(c) Contain the following statements prominently, just prior to the signature, in type larger and darker than the type in surrounding sentences: "I realize that, under the rules and regulations of the public utilities commission of Ohio, I may refuse to allow (name of the retail natural gas supplier or governmental aggregator) to release the information set forth above. By my signature, I freely give (name of the retail natural gas supplier or governmental aggregator) permission to release the information designated above."

(d) Specify the information to be released.

(2) Timely provide the customer's payment history for services rendered by the retail natural gas supplier or governmental aggregator (up to twenty-four months) to the customer without charge.

(B) Customer account numbers obtained from participation in a natural gas company's standard choice offer program shall not be used by retail natural gas suppliers in the marketing materials of competitive retail natural gas service. Account numbers must be provided by the customer prior to enrollment in any alternative offer to the standard choice offer.

Last updated July 15, 2024 at 9:18 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-29-10 Contract administration and renewals.

(A) A retail natural gas supplier or opt-in governmental aggregator shall arrange for the provision of competitive retail natural gas service by contracting with its customers.

(B) A retail natural gas supplier or opt-in governmental aggregator shall maintain copies of individual customer contracts for no less than two years after such contracts terminate. Copies may be saved in electronic formats if such preserves the image of the original signatures on signed documents.

(C) For any contract where the customer's signature is not physically on the same document as the complete terms and conditions of such contract, the retail natural gas supplier or opt-in governmental aggregator must assign a unique version number to each version of the contract. Such version number must appear on the document containing the customer's actual signature, on the copy of the terms and conditions left with the customer, and on a master copy of the complete terms and conditions of the contract. Both the document containing the customer's physical signature and the master copy of the complete terms and conditions must be retained in accordance with this rule. This provision shall not apply where the retail natural gas supplier or opt-in governmental aggregator has obtained the customer's consent by telephone or internet enrollment.

(D) In its administration of customer contracts, a retail natural gas supplier or opt-in governmental aggregator shall:

(1) Not assign a customer contract to another retail natural gas supplier or opt-in governmental aggregator without:

(a) Providing a minimum of fourteen days written notice to the commission's staff and any affected natural gas company before the contract assignment. Such notice shall include:

(i) The name of the retail natural gas supplier or opt-in governmental aggregator to whom the contract(s) will be assigned.

(ii) The type of contract(s) to be assigned (e.g., residential, small commercial).

(iii) The number of contracts to be assigned.

(iv) The incumbent natural gas company involved.

(v) The date of the assignment.

(vi) A copy of the customer notification.

(b) Providing prior written notice to the customer.

(2) When assigned a contract previously administered by another retail natural gas supplier or opt-in governmental aggregator, comply with all terms and conditions in effect for the contract before the assignment occurred.

(3) Comply in a timely manner with all valid notices from customers to cancel or terminate the contract as provided for by the contract and by this chapter.

(4) Assign a number to each version of its standard contract form (including changes in contract price), retain such forms for no less than two years, and provide copies to staff within three business days of request.

(E) A customer shall have the right to rescind his/her contracts, within seven business days following the postmark date on the natural gas company's confirmation notice:

(1) By calling the incumbent natural gas company at the designated toll-free or local telephone number.

(2) By written notice to the incumbent natural gas company which is effective as of the date of the postmark.

(F) The retail natural gas supplier or opt-in government aggregator shall furnish written notice to residential and small commercial customers of pending contract expiration between forty-five and ninety calendar days before the contract expires. Such notice shall be made by separate mailing (envelope or postcard), or by conspicuously placed bill message or bill insert. The front cover of such mailing shall contain the following statement: "Important notice regarding your natural gas service contract's expiration." This notice may be combined with a renewal notice. This paragraph does not apply to the expiration of contract periods of one month or less. If the contract does not contain an automatic renewal clause, the notice shall include a statement explaining the service to which the customer will default.

(G) Contract renewals.

(1) The provisions of this paragraph apply to all residential and small commercial contracts that contain automatic renewal clauses, except those which renew on a month-to-month basis.

(2) For contracts that contain an early termination or cancellation option with no fee for early termination or cancellation, upon renewal, the retail natural gas supplier or opt-in governmental aggregator shall, in a separate notice, notify customers of such expiration at least forty-five calendar days, but not more than ninety calendar days, in advance of the contract expiration date. Such notice shall accurately describe or highlight any changes and state that the customer contract will renew at the specified rate unless the customer affirmatively cancels the contract. Such notices must clearly and accurately describe the manner in which the customer may cancel the contract and the time during which the customer must act to cancel the contract.

(a) The notice shall be made by separate mailing (envelope or postcard), the front cover of which shall state: "Important notice regarding your electric service contract."

(b) The notice shall, at a minimum, state any renewal period and how the customer may terminate, renew, and/or extend the contract.

(3) For contract renewals that contain an early termination or cancellation option with a fee of twenty-five dollars or less for early termination or cancellation, upon renewal, the retail natural gas supplier or opt-in governmental aggregator shall provide the customer with two separate notices that accurately describe or highlight any changes and state that the customer contract will renew at the specified rate unless the customer affirmatively cancels the contract. Such notices must clearly and accurately describe in understandable language the manner in which the customer may cancel the contract and the time during which the customer must act to cancel the contract. The first notice shall be in writing in accordance with the requirements of this rule and shall be provided at least forty-five calendar days, but no more than ninety calendar days in advance of the contract expiration date. The second notice may be in writing in accordance with paragraphs (G)(2)(a) to (G)(2)(c) of this rule, by telephone, by a notice on the customer's monthly bill, or by electronic mail. The second notice shall be provided at least thirty-five calendar days in advance of the contract expiration and must contain the rate at which the customer contract will renew, or in the case of a variable rate, the applicable formula.

(a) In the event that the competitive retail natural gas supplier or opt-in governmental aggregator provides the second notice by telephone, the retail natural gas supplier or opt-in governmental aggregator must confirm that the customer of record is on the line, clearly explain both the new contract price and the manner in which the customer may cancel the contract, record the entire conversation, and retain such recording in a manner consistent with rule 4901:1-29-06 of the Administrative Code.

(b) In the event that the retail natural gas supplier or opt-in governmental aggregator provides the second notice on the customer's monthly bill, such notice must be in a different color, highlighted, or otherwise differentiated from the remainder of the bill.

(c) In the event that the retail natural gas supplier or opt-in governmental aggregator provides the second notice by electronic mail, the notice must:

(i) State "Important notice regarding your electric service contract" in the subject area of the message.

(ii) Be from an electronic mail address that is readily identifiable as the retail natural gas supplier or opt-in governmental aggregator.

(iii) Include a receipt returned to the sender which confirms that the addressee has opened the document.

(d) This paragraph shall not apply to contract renewals which renew on a month-to-month basis.

(4) For contract renewals that contain an early termination or cancellation option with a fee greater than twenty-five dollars for early termination or cancellation or which contain no option for early termination or cancellation, upon renewal, the retail natural gas supplier or opt-in governmental aggregator shall notify the customer of any changes, describe or highlight each change, and also obtain the customer's affirmative consent to such changes pursuant to any of the enrollment procedures established in rule 4901:1-29-06 of the Administrative Code. In addition, the retail natural gas supplier or opt-in governmental aggregator shall notify the customer that no response will result in the customer automatically reverting to the natural gas company unless the customer chooses another retail natural gas supplier or opt-in governmental aggregator. The notice shall be provided at least forty-five calendar days, but not more than ninety calendar days, in advance of the contract expiration date, and comply with paragraphs (G)(2)(a) to (G)(2)(c) of this rule. This paragraph shall not apply to contract renewals which renew on a month-to-month basis.

(H) Each customer has the right to terminate the contract with a retail natural gas supplier or opt-in governmental aggregator, without penalty, in either of the following two circumstances:

(1) The customer relocates outside the territory of the incumbent natural gas company or within the territory of an incumbent natural gas company that does not permit portability of the contract.

(2) The contract allows the retail natural gas supplier or opt-in governmental aggregator to terminate the contract for any reason other than customer nonpayment or the occurrence of a force majeure event, including, but not limited to a change in any governing law or regulation that physically prevents or legally prohibits the retail natural gas supplier or opt-in governmental aggregator from performing under the terms of the contract.

(I) No retail natural gas supplier or opt-in governmental aggregator contract shall limit or preclude a customer's right to make formal or informal complaints to the commission. A retail natural gas supplier or opt-in governmental aggregator shall not require a customer, as part of the terms of service, to engage in alternative dispute resolution.

Last updated July 15, 2024 at 9:18 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-29-11 Contract disclosure.

All retail natural gas supplier and opt-in governmental aggregator customer contracts shall include, but not be limited to, the following information, which shall be stated in clear and understandable language:

(A) A notification that switching fees may apply to a customer under the incumbent natural gas company's tariff.

(B) A notification that the customer has the right to request from the retail natural gas supplier or opt-in governmental aggregator up to twenty-four months of the customer's payment history for services rendered by the retail natural gas supplier or governmental aggregator without charge.

(C) The retail natural gas supplier's or opt-in governmental aggregator's name, mailing address, internet address (if applicable), and a toll-free telephone number (with hours of operation and time zone reference) for customer contacts.

(D) The services to be provided by the retail natural gas supplier or opt-in governmental aggregator and those to be provided by the incumbent natural gas company, including which entity will bill for those services.

(E) The seven-business-day period during which a customer has to rescind such contract without penalty and the methods for customers to make such rescission by contacting the incumbent natural gas company (orally or in writing).

(F) The respective policies, procedures, and any penalties for contract termination by the retail natural gas supplier or opt-in governmental aggregator and by the customer after the rescission period, including any change in such policies, procedures, and penalties that will become effective upon renewal of the contract.

(G) A notification as to the consequences of nonpayment:

(1) In the case where a retail natural gas supplier or opt-in governmental aggregator bills for its own services, a notification that, should the customer fail to pay the bill or fail to meet any agreed-upon payment arrangement, the customer's contract may be terminated by the retail natural gas supplier or opt-in governmental aggregator on fourteen days' notice and that early termination penalties may apply.

(2) In the case where the natural gas company bills for the commodity service of a retail natural gas supplier and/or opt-in governmental aggregator, a notification that, should the customer fail to pay the bill or fail to meet any agreed-upon payment arrangement, the customer's service may be terminated in accordance with the incumbent natural gas company's tariffs and the customer's contract with its retail natural gas supplier and/or opt-in governmental aggregator may be automatically terminated, leading to early termination penalties.

(H) A statement that the contract automatically terminates if any of the following occurs:

(1) The requested service location is not served by the incumbent natural gas company.

(2) The customer moves outside the incumbent natural gas company service area or to an area not served by the retail natural gas supplier or opt-in governmental aggregator.

(3) The retail natural gas supplier or opt-in governmental aggregator returns the customer to the customer's incumbent natural gas company's applicable tariff service, provided that the retail natural gas supplier or opt-in governmental aggregator is permitted to terminate the contract under the terms and conditions of the contract.

(I) Notification regarding contract termination by the customer:

(1) A statement that the customer has a right to terminate the contract without penalty in the event the customer relocates outside the service territory of the incumbent natural gas company or within the service territory of an incumbent natural gas company that does not permit portability of the contract.

(2) If the contract allows the retail natural gas supplier or opt-in governmental aggregator the right to terminate the contract for any reason other than those reasons set forth in paragraph (H)(2) of rule 4901:1-29-10 of the Administrative Code, then a statement that the customer has a right to terminate the contract without penalty at any time.

(J) An itemized list and explanation of all prices in clear and understandable language and all fees associated with the service such that:

(1) For fixed-rate offers, such information shall, at minimum, include: the cost per Ccf or Mcf, whichever is consistent with the incumbent natural gas company's billing format, for competitive retail natural gas service, if the product is based on a per-unit price, or for flat-monthly rate offers, a specific listing of the rate to be charged per month for the duration of the contract; the amount of any other recurring or nonrecurring retail natural gas supplier or opt-in governmental aggregator charges; and a statement that the customer will incur additional charges for the incumbent natural gas company's services.

(2) For variable-rate offers, such information shall, at minimum, include the amount of any other recurring or nonrecurring retail natural gas supplier or opt-in governmental aggregator charges; a statement that the customer will incur additional charges for the incumbent natural gas company's services; and either of the following options:

(a) A clear and understandable formula, based on publicly available indices or data, that the retail natural gas supplier or opt-in governmental aggregator will use to determine the rate that will be charged.

(b) A clear and understandable explanation of the factors that will cause the price per Ccf or Mcf, whichever is consistent with the incumbent natural gas company's billing format, to vary (including any related indices) and how often the price can change. In the event the retail natural gas supplier or opt-in governmental aggregator chooses to follow this option, no early termination fee may be charged.

(K) The terms and conditions of service, including any restrictions and limitations associated with the service or product offered.

(L) Procedures for handling complaints and disputes, including the following:

"If your complaint is not resolved after you have called (name of retail natural gas supplier or opt-in governmental aggregator), or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service)."

(M) A statement that:

(N) Billing intervals and any late payment fees.

(O) Contract duration, including the estimated starting and expiration month and year.

(P) Whether the contract contains an automatic renewal provision and the terms of such provision.

(Q) Any credit, deposit, and collection procedures, including terms and conditions associated with the return of any deposit at the time of contract termination.

(R) Who will bill for the retail natural gas supplier's or opt-in governmental aggregator's service(s).

(S) A notification that the customer's social security number, account number(s), or any customer information will not be released without the customer's express written consent except in accordance with rules 4901:1-28-04 and 4901:1-29-09 of the Administrative Code.

(T) If applicable, a notification that, if the customer voluntarily returns to the incumbent natural gas company after choosing a retail natural gas supplier or opt-in governmental aggregator, the customer may be charged a price other than the incumbent natural gas company's applicable tariff rate.

(U) If, due to a change in market conditions, the retail natural gas supplier wishes to lower the price per Ccf or Mcf charged to the customer under an existing contract, it may do so without consent provided there are no other changes to the terms and conditions to the contract.

Last updated August 1, 2024 at 9:50 AM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-29-12 Customer billing and payments.

(A) A retail natural gas supplier or governmental aggregator (and/or its agent) may bill customers directly for competitive retail natural gas services pursuant to this rule. A retail natural gas supplier or governmental aggregator may bill for consolidated services if it can demonstrate, pursuant to the standards contained in the incumbent natural gas company tariffs, to the incumbent natural gas company and the commission it has the capability to bill customers for such services.

(B) Customer bills issued by or for retail natural gas suppliers and governmental aggregators shall be accurate and understandable, be rendered at intervals consistent with those of the customer's natural gas company, and contain sufficient information for customers to compute and compare the total cost of competitive retail natural gas service(s). In order to promote these objectives, customer bills should highlight and provide a clear explanation of any changes in the rates, terms, and conditions of service, for two consecutive billing periods. Such bills shall also include:

(1) The customer's name, billing address, service address, the customer's natural gas company account number, and if applicable, the retail natural gas supplier or governmental aggregator account number.

(2) The dates of service covered by the bill, an itemization of each type of competitive retail natural gas service covered by the bill, any related billing components, the charge for each type of natural gas service, and an itemization of all other fees and charges.

(3) The customer's historical consumption during each of the preceding twelve months or each of the preceding months that the customer has been a customer of the retail natural gas supplier or governmental aggregator, whichever is less; with a total consumption and an overall average monthly consumption for such period.

(4) The applicable billing determinants, including beginning meter reading(s), ending meter reading(s), multiplier(s), and any other consumption(s) adjustments.

(5) The unit price charged per Ccf or Mcf, whichever is consistent with the incumbent natural gas company's billing format, if the product is based on a per-unit price for competitive retail natural gas service, as calculated by dividing current-period competitive retail natural gas service charges by the current-period consumption. For monthly-rate offers, a specific listing of the rate being charged per month for the duration of the contract.

(6) An identification of the retail natural gas supplier or governmental aggregator of each retail natural gas service appearing on the bill.

(7) The amount billed for the current period, any unpaid amounts due from previous periods, any payments or credits applied to the customer's account during the current period, any late payment charges or gross and net charges, if applicable, and the total amount due and payable.

(8) The due date for payment to keep the account current. Such due date shall be consistent with that provided by the incumbent natural gas company for its charges.

(9) Current balance of the account, if a residential customer is billed according to a budget plan.

(10) Options and instructions on how customers may make their payments.

(11) A toll-free or local telephone number and address for customer billing questions or complaints must appear for any retail natural gas supplier or governmental aggregator whose charges appear on the bill.

(12) The following statement: "If your complaint is not resolved after you have called (name the retail natural gas company or governmental aggregator), or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service).

(13) The incumbent natural gas company's twenty-four hour local/toll-free telephone number for reporting service emergencies.

(14) Identification of estimated bills or bills not based upon actual end-of-period meter readings for the period.

(15) An explanation of any codes and abbreviations used.

(C) If applicable, each retail natural gas supplier and governmental aggregator shall, upon request, provide customers with the name and street address/location of the nearest payment center and/or authorized payment agent and disclose any fee associated with using such payment center and/or agent.

(D) When a customer pays the bill at a payment center or to an authorized payment agent, such payment shall be credited to the customer's account as of the day it is received by such payment center or agent.

(E) Each retail natural gas supplier and governmental aggregator shall establish policies and procedures for handling billing disputes and requests for payment arrangements.

(F) Partial payments applied towards any past due amount on a bill or the balance due on a disconnection notice must be apportioned to past due natural gas company service and delivery charges, then to any current natural gas company service and delivery charges, before being applied to any retail natural gas supplier or governmental aggregator charges unless the customer pays the entire amount past due or more. In that case, any amount paid over the amount past due shall be applied first to natural gas company service and delivery charges.

(G) Natural gas companies shall make dual billing and consolidated billing available to retail natural gas suppliers and governmental aggregators.

(1) If the retail natural gas supplier or governmental aggregator elects for its charges to be included on the incumbent natural gas company's consolidated bill:

(a) The retail natural gas supplier or governmental aggregator shall furnish the incumbent natural gas company sufficient bill contents as required by paragraph (B) of this rule.

(b) The incumbent natural gas company shall produce a consolidated bill including all such required contents provided by the retail natural gas supplier or governmental aggregator if it is not already on the customer's bill from the incumbent natural gas company. However, the consolidated bill may provide the following amounts on a consolidated basis only: budget amounts, past due balances, and payments applied.

(c) The consolidated bill shall state the name of the applicable retail natural gas supplier or governmental aggregator in close proximity to the retail natural gas supplier or governmental aggregator commodity charges.

(d) The incumbent natural gas company shall offer budget billing of retail natural gas supplier and governmental aggregator charges as a customer-elected option.

(2) If the retail natural gas supplier or governmental aggregator elects a dual billing arrangement, the incumbent natural gas company's bill shall include the name of the applicable retail natural gas supplier or governmental aggregator and a statement that such retail natural gas supplier or governmental aggregator is responsible for billing the retail natural gas supplier or governmental aggregator charges.

(H) Customer bills issued by or for a natural gas company shall state the customer's historical consumption during each of the preceding twelve months, with a total and average consumption for such twelve-month period.

(I) Natural gas companies shall prominently display the "apples to apples" notice on customer bills for customers in accordance with rule 4901:1-13-11 of the Administrative Code.

(J) Natural gas companies shall comply with Chapter 4901:1-18 of the Administrative Code regarding disconnection of a customer's natural gas service.

(K) For the purposes of this rule, full payment of a budget amount due shall not be construed as a partial payment.

(L) In the event the retail natural gas supplier or opt-in governmental aggregator bills for its own services, the retail natural gas supplier and/or governmental aggregator may terminate the contract for customer nonpayment only upon fourteen days' notice.

(M) Any competitive retail natural gas service supplier that bills for both regulated and unregulated service shall comply with paragraphs (E) and (F) of rule 4901:1-13-11 of the Administrative Code.

Last updated January 2, 2025 at 10:00 AM

History

Effective: January 1, 2025
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-29-13 Notification Requirements for Fixed Introductory Rate Contracts.

(A) If a competitive retail natural gas service supplier offers a residential customer or non-mercantile commercial customer a contract for a fixed introductory rate that converts to a variable rate upon the expiration of the fixed rate, the competitive retail natural gas service supplier shall send two notices to each residential and non-mercantile commercial customer that enters into such a contract. Each notice shall provide all of the following information to the customer:

(1) The fixed rate that is expiring under the contract;

(2) The expiration date of the contract's fixed rate;

(3) The address for the commission web site that, as a comparison tool, lists rates offered by competitive retail natural gas service suppliers.

(B) The second notice shall include all of the requirements in paragraph (A) of this rule and shall also identify the initial rate to be charged upon the contract's conversion to a variable rate.

(C) The notices shall be sent by standard United States mail or electronically with a customer's verifiable consent, as follows:

(1) The competitive retail natural gas service supplier shall send the first notice not earlier than ninety days, and not later than sixty days, prior to the expiration of the fixed rate.

(2) The competitive retail natural gas service supplier shall send the second notice not earlier than forty-five days, and not later than fifteen days, prior to the expiration of the fixed rate.

(D) A competitive retail natural gas service supplier shall provide an annual notice, by standard United States mail or electronically with a customer's verifiable consent, to each residential and non-mercantile commercial customer that has entered into a contract with the competitive retail natural gas service supplier that has converted to a variable rate upon the expiration of the contract's fixed introductory rate. The notice shall inform the customer that the customer is currently subject to a variable rate and that other fixed rate contracts are available.

(E) Competitive retail natural gas service suppliers shall ensure that all notices required under paragraphs (A) to (D) of this rule comply with the following:

(1) The notices must use clear and unambiguous language in order to enable the customer to make an informed decision; and

(2) The notices must be designed in a way to ensure that they cannot be confused with marketing materials.

Last updated January 5, 2026 at 8:23 AM

History

Effective: January 1, 2026
Promulgated Under: 111.15

Chapter 4901:1-30 Reporting Requirements

Ohio Adm.Code 4901:1-30-01 Regulatory assessment and reporting requirements.

(A) In accordance with sections 4905.10 and 4911.18 of the Revised Code, each retail natural gas supplier and governmental aggregator is subject to an annual assessment based upon its intrastate gross receipts or gross earnings (collectively "gross revenue") associated with the provision of each competitive retail natural gas service for which it is certified to provide.

(B) Each retail natural gas supplier that supplies competitive retail natural gas service shall, in the manner and on the date specified by the commission or its staff, file an annual report of the gross revenue derived from its intrastate sales of natural gas. For the purpose of the report, sales of hundred cubic feet of natural gas are deemed to occur at the meter of a retail customer.

(C) Each retail natural gas supplier and governmental aggregator that supplies competitive retail natural gas service(s) in addition to, or other than, natural gas shall, in the manner and on the date specified by the commission or its staff, file an annual report of the intrastate gross revenue derived from its provision of such service(s). For the purpose of the report, sales of hundred cubic feet of natural gas are deemed to occur at the meter of a retail customer.

(D) Each retail natural gas supplier and governmental aggregator shall maintain detailed records to support the information provided pursuant to paragraphs (B) and (C) of this rule. Such records and information are subject to audit by the commission.

(E) A governmental aggregator may authorize its retail gas supplier, or a designated agent, to file, on its behalf, any report required by this rule.

(F) Each retail natural gas supplier or governmental aggregator subject to certification under section 4929.20 of the Revised Code shall provide an annual report in such form as the public utilities commission of Ohio directs. An annual report form will be made available on the public utilities commission of Ohio's web site.

Last updated July 15, 2024 at 9:27 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Chapter 4901:1-31 Opening Areas to Competition

Ohio Adm.Code 4901:1-31-01 Opening areas to competitive retail natural gas service.

(A) A governmental aggregator or retail natural gas supplier seeking an order from the public utilities commission of Ohio ordering a natural gas company, with more than fifteen thousand customers in this state, to provide fully open, equal and nondiscriminatory distribution service to nonmercantile customers must file a petition with the public utilities commission of Ohio to open markets which shall:

(1) Be in the format prescribed on the staff-approved form, which shall be available at the public utilities commission of Ohio's docketing division and electronically on the public utilities commission of Ohio's web site.

(2) Include, if applicable, a copy of the ordinance or resolution authorizing the creation of the governmental aggregation.

(3) Include a statement of all facts that justify the granting of the petition.

(B) The legislative authority of a municipal corporation described in division (K)(2) of section 4929.01 of the Revised Code, upon the effective date of an ordinance adopted under Section 5 of Article XVIII of the Ohio Constitution, seeking an order from the public utilities commission of Ohio ordering a natural gas company, with fifteen thousand or more customers in this state, to provide distribution service on a fully open, equal and nondiscriminatory basis to mercantile and nonmercantile customers must file a petition to open markets, which shall:

(1) Be in the format prescribed on the public utilities commission of Ohio's staff-approved form, which shall be available at the public utilities commission of Ohio's docketing division and electronically on the public utilities commission of Ohio's web site (http://www.puco.ohio.gov).

(2) Include a statement of all facts that justify the granting of the petition.

(C) Fifteen copies of a petition to open markets shall be filed at the public utilities commission of Ohio. All petitions to open markets shall be filed in docket number XX-XXX-GA-POM. A copy of the petition shall be served upon the natural gas company by the governmental aggregator or retail natural gas supplier.

Last updated August 1, 2024 at 9:50 AM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Chapter 4901:1-32 Determination of Allowable Capacity and Commodity Costs

Ohio Adm.Code 4901:1-32-01 Definitions.

As used in this chapter:

(A) "Commission" means the public utilities commission of Ohio.

(B) "Natural gas company" means a natural gas company, as defined in section 4905.03 of the Revised Code, that is a public utility as defined in section 4905.02 of the Revised Code and excludes a retail natural gas supplier.

Last updated August 1, 2024 at 9:51 AM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-32-02 Purpose and Scope.

(A) The rules in this chapter apply to the recovery or modification of recovery of capacity and commodity costs, and costs incidental to those costs, and recovery of decertification costs.

(B) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

Last updated August 1, 2024 at 9:51 AM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-32-03 Filing and contents of requests for recovery of capacity and commodity costs.

(A) If a natural gas company seeks to recover, or modify the amount of recovery of, pursuant to section 4929.25 of the Revised Code, capacity and commodity costs, and costs incidental thereto, entered into on behalf of customers that take commodity sales service from other than the natural gas company, it must file an application for such. Such application shall be filed with the commission in the form of an application for approval of a migration cost recovery rider (XX-XX-GA-MCR).

(B) In addition to a fully-documented analysis and justification for the proposed migration cost recovery rider, the migration cost recovery rider application should provide the following information:

(1) Customer migration rates (both with and without percentage of income payment plan customers) for the most recent five years of the competitive retail natural gas service program and the associated volumes.

(2) Customer migration due to governmental aggregation (both with and without percentage of income payment plan customers) for the most recent five years of the competitive retail natural gas service program and the associated volumes.

(3) Description of existing capacity and commodity contracts including:

(a) Vendor/service provider and description of service being provided.

(b) Quantities - daily, seasonal, and annual.

(d) Rates/prices (including any reservation fees, minimum takes, and demand charges).

(e) Termination/buyout/buydown opportunities and costs.

(f) Any ratchet provisions in the contracts.

(4) Contract cost mitigation opportunities (e.g., capacity release, off-system sales).

(C) A complete set of work papers must be filed with a migration cost recovery rider application. Work papers must include, but are not limited to, any and all supporting work papers prepared by the natural gas company for the application and a narrative or other support of assumptions made of working paper schedule amounts. Work papers shall be marked, organized, and indexed according to the schedules to which they relate and must identify the witness that will sponsor them. Data contained in the work papers shall be footnoted so as to identify any source document used.

(D) All schedules, testimonies, and work papers included in a migration cost recovery rider application must be available in spreadsheet, word processing, or electronic form.

(E) A migration cost recovery rider application must include a complete set of testimony of company personnel or other expert witnesses. This testimony shall be in question-and-answer format and shall be in support of the natural gas company's proposed migration cost recovery recommendations. This testimony shall fully and completely address and support all schedules and significant issues identified by the company.

(F) Concurrent with the filing of an application for migration cost recovery, the natural gas company shall provide notice of the proposed filing upon each party in its most recent gas cost recovery and base rate cases. At a minimum, that notice shall state that an electronic or paper copy of the migration cost recovery rider application, supporting workpapers and testimony is available from the natural gas company (with instructions as to how to obtain an electronic or paper copy), available for inspection at the natural gas company's main office, available for inspection at the commission offices, and available at any other sites at which the natural gas company will maintain a copy of the application, workpapers and testimony. If the natural gas company has a website, information as to how to request an electronic or paper copy shall be included therein.

Last updated August 1, 2024 at 9:51 AM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-32-04 Filing and contents of requests for recovery of decertification costs.

(A) Pursuant to section 4929.20 of the Revised Code, if a natural gas company seeks to recover, or modify the amount of recovery of incremental costs incurred by the company in connection with the commission's continuation, suspension, rescission, or conditional rescission of a particular retail natural gas supplier's or governmental aggregator's certification, it shall submit an application for such. Such application shall be filed with the commission in the form of an application for approval of an incremental decertification cost recovery rider (XX-XX-GA-DCR).

(B) In addition to a fully-documented analysis and justification for the proposed decertification cost recovery rider, the decertification cost recovery rider application should provide the following information:

(1) A reference to the commission order that resulted in the continuation, suspension, rescission, or conditional rescission of the retail natural gas supplier's or governmental aggregator's certification.

(2) A description of the source of the incremental costs incurred by the natural gas company, including costs incurred both prior to and subsequent to the commission order.

(3) A description of any efforts to mitigate the impact of the retail natural gas supplier's or governmental aggregator's decertification.

(C) A complete set of work papers must be filed with a decertification cost recovery rider application. Work papers must include, but are not limited to, any and all supporting work papers prepared by the natural gas company for the application and a narrative or other support of assumptions made of working paper schedule amounts. Work papers shall be marked, organized, and indexed according to the schedules to which they relate and must identify the witness who will sponsor them. Data contained in the work papers shall be footnoted so as to identify any source document used.

(D) All schedules and work papers included in a decertification cost recovery rider application must be available in spreadsheet, word processing, or electronic form.

Last updated August 1, 2024 at 9:51 AM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Chapter 4901:1-33 Not-for-Profit Customer Declarations of Mercantile Status

Ohio Adm.Code 4901:1-33-01 Not-for-profit customer declarations of nonmercantile status.

(A) All not-for-profit customers that consume, other than for residential use, more than five hundred thousand cubic feet of natural gas per year at a single location within this state, or consume natural gas, other than for residential use, as part of an undertaking having more than three locations within or outside this state, that intend to assert nonmercantile status must file a declaration of nonmercantile status with the public utilities commission of Ohio, that is:

(1) In the format prescribed on the public utilities commission of Ohio's staff-approved form, available at the public utilities commission of Ohio's docketing division and electronically on the public utilities commission of Ohio's web site.

(2) Effective upon filing.

(B) All not-for-profit customers that intend to rescind a filed nonmercantile status statement must file a rescission form with the public utilities commission of Ohio, that is:

(1) In the format prescribed on the public utilities commission of Ohio's staff-approved rescission form, available at the public utilities commission of Ohio's docketing division and electronically on the public utilities commission of Ohio's web site (http://(www.puco.ohio.gov).

(2) Effective upon filing.

Last updated July 15, 2024 at 9:27 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Chapter 4901:1-34 Noncompliance

Ohio Adm.Code 4901:1-34-01 Definitions.

As used in this chapter:

(A) "Commission" means the public utilities commission of Ohio.

(B) "Governmental aggregator" has the meaning set forth in division (K)(1) of section 4929.01 of the Revised Code. For purposes of this chapter, "governmental aggregator" specifically excludes a municipal corporation acting exclusively under Section 4 of Article XVIII, Ohio Constitution, as an aggregator for the provision of competitive retail natural gas service.

(D) "Retail natural gas supplier" has the meaning set forth in division (N) of section 4929.01 of the Revised Code.

(E) "Staff" means the staff of the public utilities commission of Ohio.

Last updated August 1, 2024 at 9:51 AM

History

Effective: July 4, 2002
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-34-02 Purpose and scope.

(A) The rules contained in this chapter prescribe procedures for the staff to administer and enforce the rules for the certification of retail natural gas service suppliers and governmental aggregators and the minimum requirements for competitive retail natural gas set forth in Chapters 4901:1-27 and 4901:1-29 of the Administrative Code, and commission orders issued thereunder.

(B) This chapter also governs proceedings of the commission to:

(1) Investigate and determine a natural gas company's, retail natural gas supplier's, or governmental aggregator's compliance with Chapters 4901:1-13, 4901:1-27, 4901:1-28, and 4901:1-29 of the Administrative Code, and commission orders issued thereunder.

(2) Review settlement agreements and approve stipulations by the staff and the natural gas company, retail natural gas supplier, or governmental aggregator.

(3) Issue and enforce compliance orders.

(4) Assess forfeitures.

(C) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

Last updated August 1, 2024 at 9:51 AM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-34-03 Staff notice of probable noncompliance, proposed corrective action, and proposed forfeiture.

(B) The staff may issue an amended notice of probable noncompliance, proposed corrective action, or proposed forfeiture at any time prior to the commencement of a compliance proceeding or other commission proceeding brought pursuant to rule 4901:1-34-06 of the Administrative Code, in order to modify or include additional probable noncompliances or violations, facts, proposed forfeitures, and proposed compliance orders. Once the commission initiates a compliance or other proceeding pursuant to rule 4901:1-34-06 of the Administrative Code, this rule does not prevent the staff during the course of such proceeding from seeking a finding of violations not listed in the staff notice or amended staff notice of probable noncompliance (or rescinding or refraining from seeking a finding of violations) or from seeking a corrective action or proposed forfeiture that varies from previous staff notices issued under this rule, provided that the staff's proposed findings and/or violations relate to the same incident, type of incident, investigation, or audit(s).

Last updated August 1, 2024 at 9:52 AM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-34-04 Service of staff notices of probable noncompliance, proposed corrective action, proposed forfeiture, and service of staff investigative reports.

(A) Staff notices of probable noncompliance, proposed corrective actions, proposed forfeitures, and amendments thereto under rule 4901:1-34-03 of the Administrative Code, and investigative reports under rule 4901:1-34-06 of the Administrative Code, shall be served on the natural gas company, retail natural gas supplier, or governmental aggregator by certified United States mail, or hand delivery. Certified mail service and service by hand delivery is effective upon receipt by any employee, agent of, or person designated by the natural gas company, retail natural gas supplier, or governmental aggregator. Unless otherwise provided in this paragraph, service upon a natural gas company, retail natural gas supplier, or governmental aggregator will be made at the address designated as the service address in the company's most recent annual financial report, in its certification application, or certification renewal application.

(B) Each natural gas company, retail natural gas supplier, or governmental aggregator shall provide the commission with the company's or provider's current service address. If the service address has changed since the most recent annual report, certification application or certification renewal application was submitted to the commission, or the service address or business address has not been disclosed to the commission, service will be made at any business address known to the commission.

(C) If the certified mail envelope is returned with an endorsement showing failure of delivery, then service may be made by ordinary United States mail and is effective on the date of mailing.

Last updated July 15, 2024 at 9:28 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-34-05 Stipulations.

(A) If staff and the natural gas company, retail natural gas supplier, or governmental aggregator reach agreement regarding any of the following, the agreement must be reduced to writing: the violation of a rule within this chapter, and/or Chapter 4901:1-13, 4901:1-27, 4901:1-28, or 4901:1-29 of the Administrative Code; the violation of any provision of Chapter 4929. of the Revised Code, the violation of a commission order; a proposed corrective action or remedy; or the amount of a forfeiture or other payment. Such stipulation shall be signed by an officer of the company or its attorney and the assistant attorney general who serves as legal counsel for the staff. Except as otherwise provided in paragraph (B) of this rule, the stipulation will not be effective until the stipulation is filed with, found to be reasonable by, approved by, and made the order of the commission.

(B) If the stipulation provides for the payment of a forfeiture or other payment by a natural gas company or retail natural gas supplier of one thousand dollars or less, the stipulation shall be accepted by the commission and fully enforceable upon the natural gas company or retail natural gas supplier upon its execution.

(C) Unless contained in or otherwise provided in a stipulation, no statement or conduct during settlement negotiations is admissible in any commission proceeding regarding the noncompliance.

(D) Where a natural gas company or retail natural gas supplier has demonstrated to the staff's satisfaction, as confirmed in writing from the commission's director of the service monitoring and enforcement department or the director of utilities department or his/her designee, that the violation(s) listed in the staff notice (or amended staff notice) of probable noncompliance or investigative report has been corrected, the violation(s) listed in such staff notice of probable noncompliance or investigative report shall be considered by the commission as part of the company's or supplier's history of violations only for purposes of determining the appropriate forfeiture or corrective action for any future violation.

Last updated July 15, 2024 at 9:28 AM

History

Effective: July 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-34-06 Commission proceedings.

(A) The commission may initiate a compliance or other proceeding upon its own initiative, after an incident has occurred, after a complaint is filed pursuant to section 4905.26 of the Revised Code, or after a staff notice of probable noncompliance is served.

(B) Unless otherwise ordered by the commission or an attorney examiner, the staff shall file with the commission and serve upon the natural gas company, retail natural gas supplier, or governmental aggregator a written report of investigation (investigative report) in each proceeding within forty-five days after the commission issues an entry initiating a compliance proceeding. The investigative report shall present:

(1) The findings on any alleged noncompliance specified in any staff notice or amended staff notice, which also may include:

(b) Staff's findings on the natural gas company's, retail natural gas supplier's, or governmental aggregator's practices and policies.

(2) Staff's recommendations for commission action.

(C) The commission will provide reasonable notice and an opportunity for hearing on all proceedings initiated under this rule. The hearing may include evidence on the issues of proposed corrective action, compliance orders issued by the commission, forfeitures, enforcement of a commission order, and other remedies.

(D) If the commission finds a natural gas company, retail natural gas supplier, or governmental aggregator has violated or is violating Chapter 4929. of the Revised Code, or the rules and standards in Chapter 4901:1-13, 4901:1-27, 4901:1-28, 4901:1-29, or 4901:1-34 of the Administrative Code, and/or this chapter, or any order of the commission, the commission may, after an opportunity for hearing, impose the necessary remedies as set forth in rule 4901:1-34-08 of the Administrative Code.

Last updated August 1, 2024 at 9:52 AM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-34-07 Payment of forfeitures and other payments.

(A) All forfeitures and other payments shall be paid by certified check or money order made payable to "Treasurer, State of Ohio," and shall be mailed or delivered to: "Public Utilities Commission of Ohio Fiscal Division, 180 East Broad Street, Columbus, Ohio 43215-3793".

(B) All instruments of payment shall contain the identifying number of the violation/staff notice (e.g. docket number) for which payment is tendered.

(C) No natural gas company or retail natural gas supplier may recover any forfeiture, or other payment in any pending or subsequent proceeding before the commission.

Last updated August 1, 2024 at 9:52 AM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-34-08 Noncompliance.

A natural gas company, retail natural gas supplier, or governmental aggregator that fails to comply with the requirements of Chapter 4929. of the Revised Code, the rules and standards in Chapter 4901:1-13, 4901:1-27, 4901:1-28, 4901:1-29, or 4901:1-34 of the Administrative Code, and/or any commission order may, after opportunity for hearing, be subject to any and all of the following available under the law:

(A) A natural gas company or retail natural gas supplier may be subject to a forfeiture to the state in an amount provided for in Chapter 4905. of the Revised Code.

(B) A natural gas company, retail natural gas supplier, or governmental aggregator may be subject to rescission of a customer contract.

(C) A natural gas company, retail natural gas supplier, or governmental aggregator may be required to provide restitution to a customer.

(D) A retail natural gas supplier or governmental aggregator may have its certificate suspended, rescinded, or conditionally rescinded.

(E) A natural gas company, retail natural gas supplier, or governmental aggregator may be subject to any other corrective action necessary to protect the public safety, reliability, and customer service.

Last updated August 1, 2024 at 9:52 AM

History

Effective: December 1, 2014
Promulgated Under: 111.15

Chapter 4901:1-35 Electric Distribution Utility (EDU)

Ohio Adm.Code 4901:1-35-01 Definitions.

(A) "Alternative retail rate option" means time-differentiated pricing, dynamic retail pricing, and other alternative retail rate options.

(B) "Application" means an application for standard service offer pursuant to this chapter.

(D) "Dynamic retail pricing" means a retail rate design which includes prices that can change based on changes in wholesale electricity prices, power system conditions, or the marginal cost of providing electric service.

(E) "Electric utility" has the meaning set forth in division (A)(11) of section 4928.01 of the Revised Code.

(F) "Electric security plan" means an electric utility plan for the supply and pricing of electric generation service including other related matters pursuant to section 4928.143 of the Revised Code.

(G) "Market-rate offer" means an electric utility plan for the supply and pricing of electric generation service pursuant to section 4928.142 of the Revised Code.

(H) "Person" has the meaning set forth in division (A)(24) of section 4928.01 of the Revised Code.

(I) "Standard service offer" means an electric utility offer to provide consumers, on a comparable and nondiscriminatory basis within its certified territory, all competitive retail electric services necessary to maintain essential electric service to consumers, including a firm supply of electric generation service, pursuant to section 4928.141 of the Revised Code.

(J) "Staff" means the staff of the commission or its authorized representatives.

(K) "Time differentiated pricing" means a retail rate design which includes differing prices based upon the time that electricity is used in order to reflect differences in expected costs or wholesale electricity prices in different time periods.

Last updated June 20, 2023 at 9:12 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-35-02 Purpose and scope.

(A) Pursuant to division (A) of section 4928.141 of the Revised Code, beginning January 1, 2009, each electric utility in this state may provide consumers, on a comparable and nondiscriminatory basis within its certified territory, a standard service offer (SSO) of all competitive retail electric services necessary to maintain essential electric service to consumers, including a firm supply of electric generation service. Pursuant to this chapter, an electric utility may file an application for commission approval of a standard service offer ( SSO) in the form of an electric security plan or market rate offer pursuant to sections 4928.142 and 4928.143 of the Revised Code.

(B) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

Last updated June 20, 2023 at 9:12 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-35-03 Filing and contents of applications.

Each electric utility in this state filing an application for a standard service offer (SSO) in the form of an electric security plan (ESP), a market-rate offer (MRO), or both, complies with the requirements set forth in this rule.

(A) An application for an ESP or MRO is incomplete without a complete set of direct testimony of the electric utility personnel or other expert witnesses written in question and answer format supporting all schedules and significant issues identified by the electric utility.

(B) An SSO application that contains a proposal for an MRO, or an SSO application containing a proposal for a competitive bidding process (CBP), will comply with the applicable requirements set forth in this paragraph.

(1) The following electric utility components are to be demonstrated in a separate section of the SSO application proposing an MRO:

(a) It is the responsibility of the electric utility to show that it, or its transmission affiliate, belongs to at least one regional transmission organization (RTO) that has been approved by the federal energy regulatory commission in compliance with section 4928.12 of the Revised Code.

(b) The electric utility shall establish one of the following: its RTO retains an independent market-monitor function and has the ability to identify any potential for a market participant or the electric utility to exercise market power in any energy, capacity, and/or ancillary service markets by virtue of access to the RTO and the market participant's data and personnel and has the ability to effectively mitigate the conduct of the market participants so as to prevent or preclude the exercise of such market power by any market participant or the electric utility; or the electric utility shall demonstrate that an equivalent function exists which can monitor, identify, and mitigate conduct associated with the exercise of such market power.

(2) Prior to establishing an MRO under division (A) of section 4928.142 of the Revised Code, an electric utility shall file a plan for a CBP with the commission. An electric utility that files an MRO or an application containing a CBP plan provides justification of its proposed CBP plan, considering alternative possible methods of procurement. Each CBP plan will include the following components:

(a) A complete description of the CBP plan and testimony explaining and supporting each aspect of the CBP plan. The description includes a discussion of any relationship between the wholesale procurement process and the retail rate design that may be proposed in the CBP plan. The description includes a discussion of alternative methods of procurement that were considered and the rationale for selection of the CBP plan being presented. The description also includes an explanation of every proposed non-avoidable charge, if any, and why the charge is proposed to be non-avoidable.

(b) Projected generation, transmission, and distribution rate impacts by customer class and rate schedules for the duration of the CBP plan. The electric utility shall clearly indicate how projected bid clearing prices used for this purpose were derived.

(c) Detailed descriptions of how the CBP plan ensures an open, fair, and transparent competitive solicitation that is consistent with and advances the policy of this state as delineated in divisions (A) to (N) of section 4928.02 of the Revised Code.

(d) Detailed descriptions of the customer load(s) to be served by the winning bidder(s), and any known factors that may affect such customer loads. The descriptions include, but not be limited to, load subdivisions defined for bidding purposes, load and rate class descriptions, customer load profiles that include historical hourly load data for each load and rate class for at least the two most recent years, applicable tariffs, historical shopping data, and plans for meeting targets pertaining to load reductions, energy efficiency, renewable energy, advanced energy, and advanced energy technologies. Any fixed load proposed to be served by winning bidder(s) will be described.

(e) Detailed descriptions of the generation and related services that are to be provided by the winning bidder(s). The descriptions include, at a minimum, capacity, energy, transmission, ancillary and resource adequacy services, and the term during which generation and related services are to be provided. The descriptions clearly indicate which services are to be provided by the winning bidder(s) and which services are to be provided by the electric utility.

(f) Draft copies of all forms, contracts, or agreements that must be executed during or upon completion of the CBP.

(g) A clear description of the proposed methodology by which all bids would be evaluated, in sufficient detail so that bidders and other observers can ascertain the evaluated result of any bids or potential bids.

(h) The CBP plan includes a discussion of alternative retail rate options that were considered in the development of the CBP plan. A clear description of the rate structure ultimately chosen by the electric utility, the electric utility's rationale for selection of the chosen rate structure, and the methodology by which the electric utility proposes to convert the winning bid(s) to retail rates of the electric utility will be included in the CBP plan.

(i) The CBP plan provides for funding of a consultant that may be selected by the commission to assess and report to the commission on the design of the solicitation, the oversight of the bidding process, the clarity of the product definition, the fairness, openness, and transparency of the solicitation and bidding process, the market factors that could affect the solicitation, and other relevant criteria as directed by the commission. Recovery of the cost of such consultant(s) may be included by the electric utility in its CBP plan.

(j) The CBP plan includes a discussion of generation service procurement options that were considered in development of the CBP plan, including but not limited to, portfolio approaches, staggered procurement, forward procurement, electric utility participation in day-ahead and/or real-time balancing markets, and spot market purchases and sales. The CBP plan also includes the rationale for selection of any or all of the procurement options.

(k) The electric utility shall show, as a part of its CBP plan, any relationship between the CBP plan and the electric utility's plans to comply with alternative energy portfolio requirements of section 4928.64 of the Revised Code, and energy efficiency requirements and peak demand reduction requirements of section 4928.66 of the Revised Code. The initial filing of a CBP plan includes a detailed account of how the plan is consistent with and advances the policy of this state as delineated in divisions (A) to (N) of section 4928.02 of the Revised Code. Following the initial filing, subsequent filings include a discussion of how the state policy continues to be advanced by the plan.

(l) An explanation of known and anticipated obstacles that may create difficulties or barriers for the adoption of the proposed bidding process.

(3) The electric utility shall provide a description of its corporate separation plan, adopted pursuant to section 4928.17 of the Revised Code, including but not limited to, the current status of the corporate separation plan, a detailed list of all waivers previously issued by the commission to the electric utility regarding its corporate separation plan, and a timeline of any anticipated revisions or amendments to its current corporate separation plan on file with the commission pursuant to Chapter 4901:1-37 of the Administrative Code.

(4) A description of how the electric utility proposes to address governmental aggregation programs and implementation of divisions (I), (J), and (K) of section 4928.20 of the Revised Code.

(1) A complete description of the ESP and testimony explaining and supporting each aspect of the ESP.

(2) Pro forma financial projections of the effect of the ESP's implementation upon the electric utility for the duration of the ESP, together with testimony and work papers sufficient to provide an understanding of the assumptions made and methodologies used in deriving the pro forma projections.

(3) Projected rate impacts by customer class/rate schedules for the duration of the ESP, including post-ESP impacts of deferrals, if any.

(4) The electric utility provides a description of its corporate separation plan, adopted pursuant to section 4928.17 of the Revised Code, including, but not limited to, the current status of the corporate separation plan, a detailed list of all waivers previously issued by the commission to the electric utility regarding its corporate separation plan, and a timeline of any anticipated revisions or amendments to its current corporate separation plan on file with the commission pursuant to Chapter 4901:1-37 of the Administrative Code.

(5) Each electric utility provides a statement as to whether its operational support plan has been implemented and whether there are any outstanding problems with the implementation.

(6) A description of how the electric utility proposes to address governmental aggregation programs and implementation of divisions (I), (J), and (K) of section 4928.20 of the Revised Code.

(7) A description of the effect on large-scale governmental aggregation of any unavoidable charge proposed to be established in the ESP.

(8) The ESP application includes a detailed account of how the ESP is consistent with and advances the policy of this state as delineated in section 4928.02 of the Revised Code.

(9) Specific information

Division (B)(2) of section 4928.143 of the Revised Code authorizes the provision or inclusion in an ESP of a number of features or mechanisms. To the extent that an electric utility includes any of these features in its ESP, it files the corresponding information in its application.

(a) Division (B)(2)(a) of section 4928.143 of the Revised Code authorizes an electric utility to include provisions for the automatic recovery of fuel, purchased power, and certain other specified costs. An application including such provisions includes, at a minimum, the information described as follows:

(i) The type of cost the electric utility is seeking recovery for under division (B)(2) of section 4928.143 of the Revised Code including a summary and detailed description of such cost. The description includes the plant(s) that the cost pertains to as well as a narrative pertaining to the electric utility's procurement policies and procedures regarding such cost.

(ii) The electric utility includes in the application any benefits available to the electric utility as a result of or in connection with such costs including but not limited to profits from emission allowance sales and profits from resold coal contracts.

(iii) The specific means by which these costs will be recovered by the electric utility. In this specification, the electric utility must clearly distinguish whether these costs are to be recovered from all distribution customers or only from the customers taking service under the ESP.

(iv) A complete set of work papers supporting the cost must be filed with the application. Work papers include, but are not limited to, all pertinent documents prepared by the electric utility for the application and a narrative and other support of assumptions made in completing the work papers.

(b) Divisions (B)(2)(b) and (B)(2)(c) of section 4928.143 of the Revised Code, authorize an electric utility to include unavoidable surcharges for construction, generation, or environmental expenditures for electric generation facilities owned or operated by the electric utility. Any plan which seeks to impose surcharge under these provisions shall include the following paragraphs, as appropriate:

(i) A description of the projected costs of the proposed facility and confirmation that the need for the proposed facility was reviewed and determined by the commission through an integrated resource planning process filed pursuant to rule 4901:5-5-05 of the Administrative Code.

(ii) A proposed process, subject to modification and approval by the commission, for the competitive bidding of the construction of the facility unless the commission has previously approved a process for competitive bidding, which would be applicable to that specific facility.

(iii) An application which provides for the recovery of a reasonable allowance for construction work in progress, should include a detailed description of the actual costs as of a date certain for which the applicant seeks recovery, a detailed description of the impact upon rates of the proposed surcharge, and a demonstration that such a construction work in progress allowance is consistent with the applicable limitations of division (A) of section 4909.15 of the Revised Code.

(iv) An application which provides for recovery of a surcharge for an electric generation facility should include: a detailed description of the actual costs as of a date certain, for which the applicant seeks recovery, detailed description of the impaction upon rates of the proposed surcharge, the proposed terms for the capacity, energy, and associated rates for the life of the facility.

(c) Division (B)(2)(d) of section 4928.143 of the Revised Code authorizes an electric utility to include terms, conditions, or charges related to retail shopping by customers. Any application which includes such terms, conditions or charges, shall include, at a minimum, the following information:

(i) A listing of all components of the ESP which would have the effect of preventing, limiting, inhibiting, or promoting customer shopping for retail electric generation service. Such components would include, but are not limited to, terms and conditions relating to shopping or to returning to the standard service offer and any unavoidable charges. For each such component, an explanation of the component and a descriptive rationale and, to the extent possible, a quantitative justification shall be provided.

(ii) A description and quantification or estimation of any charges, other than those associated with generation expansion or environmental investment under divisions (B)(2)(b) and (B)(2)(c) of section 4928.143 of the Revised Code, which will be deferred for future recovery, together with the carrying costs, amortization periods, and avoidability of such charges.

(iii) A listing, description, and quantitative justification of any unavoidable charges for standby, back-up, or supplemental power.

(d) Division (B)(2)(e) of section 4928.143 of the Revised Code authorizes an electric utility to include provisions for automatic increases or decreases in any component of the standard service offer price. Pursuant to this authority, if the ESP proposes automatic increases or decreases to be implemented during the life of the plan for any component of the standard service offer, other than those covered by division (B)(2)(a) of section 4928.143 of the Revised Code, the electric utility must provide in its application a description of the component, whether the component is bypassable or nonbypassable, the proposed means for changing the component, and the proposed means for verifying the reasonableness of the change.

(e) Division (B)(2)(f) of section 4928.143 of the Revised Code authorizes an electric utility to include provisions for the securitization of authorized phase-in recovery of the standard service offer price. If a phase-in deferred asset is proposed to be securitized, the electric utility shall provide, at the time of an application for securitization, a description of the securitization instrument and an accounting of that securitization, including the deferred cash flow due to the phase-in, carrying charges, and the incremental cost of the securitization. The electric utility will also describe any efforts to minimize the incremental cost of the securitization. The electric utility provides all documentation associated with securitization, including but not limited to, a summary sheet of terms and conditionsand a comparison of costs associated with securitization to demonstrate that securitization is the least cost strategy.

(f) Division (B)(2)(g) of section 4928.143 of the Revised Code authorizes an electric utility to include provisions relating to transmission and other specified related services. Moreover, division (A)(2) of section 4928.05 of the Revised Code states that, notwithstanding Chapters 4905. and 4909. of the Revised Code, commission authority under this chapter includes the authority to provide for the recovery, through a reconcilable rider on an electric distribution utility's distribution rates, of all transmission and transmission-related costs (net of transmission related revenues), including ancillary and net congestion costs, imposed on or charged to the utility by the federal energy regulatory commission or a regional transmission organization, independent system operator, or similar organization approved by the federal energy regulatory commission.

Any utility which seeks to create or modify its transmission cost recovery rider in its ESP shall file the rider in accordance with the requirements delineated in Chapter 4901:1-36 of the Administrative Code.

(g) Division (B)(2)(h) of section 4928.143 of the Revised Code authorizes an electric utility to include provisions for alternative regulation mechanisms or programs, including infrastructure and modernization incentives, relating to distribution service as part of an ESP. While a number of mechanisms may be combined within a plan, for each specific mechanism or program, the electric utility provides a detailed description, with supporting data and information, to allow appropriate evaluation of each proposal, including a cost-benefit analysis, how the proposal addresses any cost savings to the electric utility and customers, avoids duplicative cost recovery, and aligns electric utility and consumer interests. In general, and to the extent applicable, the electric utility also includes, for each separate mechanism or program, quantification of the estimated impact on rates over the term of any proposed modernization plan. Any application for an infrastructure modernization plan shall include the following specific components:

(i) A description of the infrastructure modernization plan, including but not limited to, the electric utility's existing infrastructure, its existing asset management system and related capabilities, the type of technology and reason chosen, the portion of service territory affected, the percentage of customers directly impacted (non-rate impact), and the implementation schedule by geographic location and/or type of activity. A description of any communication infrastructure included in the infrastructure modernization plan and any metering, distribution automation, or other applications that may be supported by this communication infrastructure also shall be included.

(ii) A description of the benefits of the infrastructure modernization plan (in total and by activity or type), including but not limited to the following as they may apply to the plan: quantitative and qualitative impacts of all reliability improvements, the number of circuits impacted, the number of customers impacted, the timing of impacts, whether the impact is on the frequency or duration of outages, whether the infrastructure modernization plan addresses primary outage causes, what problems are addressed by the infrastructure modernization plan, the resulting dollar savings and additional costs, the activities affected and related accounts, the timing of savings, other customer benefits, and societal benefits. Through metrics and milestones, the infrastructure modernization plan will include a description of how the performance and outcomes of the plan will be measured.

(iii) A detailed description of the costs of the infrastructure modernization plan, including a breakdown of capital costs and operating and maintenance expenses net of any related savings, the revenue requirement, including recovery of stranded investment related to replacement of un-depreciated plant with new technology, the impact on customer bills, service disruptions associated with plan implementation, and description of (and dollar value of) equipment being made obsolescent by the plan and reason for early plant retirement. The infrastructure modernization plan will also include a description of efforts made to mitigate such stranded investment.

(iv) A detailed description of any proposed cost recovery mechanism, including the components of any regulatory asset created by the infrastructure modernization plan, the reporting structure and schedule, and the proposed process for approval of cost recovery and increase in rates.

(v) A detailed explanation of how the infrastructure modernization plan aligns customer and electric utility reliability and power quality expectations by customer class.

(h) Division (B)(2)(i) of section 4928.143 of the Revised Code authorizes an electric utility to include provisions for economic development, job retention, and energy efficiency programs. Pursuant to this paragraph, the electric utility provides a complete description of the proposal, together with cost-benefit analysis or other quantitative justification, and quantification of the program's projected impact on rates.

(10) Additional required information

Divisions (E) and (F) of section 4928.143 of the Revised Code provide for tests of the ESP with respect to significantly excessive earnings. Division (E) of section 4928.143 of the Revised Code is applicable only if an ESP has a term exceeding three years, and would require an earnings determination to be made in the fourth year. Division (F) of section 4928.143 of the Revised Code applies to any ESP and examines earnings after each year. In each case, the burden of proof for demonstrating that the return on equity is not significantly excessive is borne by the electric utility.

(a) For the annual review pursuant to division (F) of section 4928.143 of the Revised Code, the electric utility provides testimony and analysis demonstrating the return on equity that was earned during the year and the returns on equity earned during the same period by publicly traded companies that face comparable business and financial risks as the electric utility. In addition, the electric utility provides capital budget requirements for future committed investments in Ohio for each annual period remaining in the ESP.

(b) For demonstration under division (E) of section 4928.143 of the Revised Code, the electric utility provides, in addition to the requirements under division (F) of section 4928.143 of the Revised Code, calculations of its projected return on equity for each remaining year of the ESP. The electric utility supports these calculations by providing projected balance sheet and income statement information for the remainder of the ESP, together with testimony and work papers detailing the methodologies, adjustments, and assumptions used in making these projections.

(D) Applications for an SSO may include an ESP and/or MRO; however, an ESP may not be proposed once the electric utility has implemented an MRO approved by the commission.

(E) The SSO application shall include a section demonstrating that its current corporate separation plan is in compliance with section 4928.17 of the Revised Code, Chapter 4901:1-37 of the Administrative Code, and consistent with the policy of the state as delineated in divisions (A) to (N) of section 4928.02 of the Revised Code. When any waivers of the corporate separation plan have been granted and are to be continued, the applicant justifies the continued need for those waivers.

(F) A complete set of work papers will be filed with the application. Work papers include, but are not limited to, all pertinent documents prepared by the electric utility for the application and a narrative or other support of assumptions made in the work papers. Work papers should be marked, organized, and indexed according to schedules to which they relate. Data contained in the work papers should be footnoted so as to identify the source document used.

(G) All schedules, tariff sheets, and work papers prepared by, or at the direction of, the electric utility for the application and included in the application should be available in spreadsheet, word processing, or an electronic non-image-based format, with formulas intact, compatible with personal computers. The electronic form does not have to be filed with the application but should be made available within two business days to staff and any intervening party that requests it.

Last updated June 20, 2023 at 9:12 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-35-04 Service of application.

(A) Concurrent with the filing of a standard service offer (SSO) application and the filing of any waiver requests, the electric utility shall provide notice of filings to each party in its most recent SSO proceeding.

(B) The electric utility shall provide electronic copies of the application upon request, without cost, and transmit the application within five business days. Upon request, electronic copies are provided in spreadsheet, word processing, or an electronic non-image-based format, with formulas intact, compatible with personal computers.

Last updated June 20, 2023 at 9:12 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-35-05 Technical conference.

Upon filing of a standard service offer application, the commission, legal director, deputy legal director, or attorney examiner will schedule a technical conference. The purpose of the technical conference is to allow interested persons an opportunity to better understand the electric utility's application. The electric utility will have the necessary personnel in attendance at this conference so as to explain, among other things, the structure of the filing, the work papers, the data sources, and the manner in which methodologies were devised. The conference will be held at the commission offices, unless the commission, legal director, deputy legal director, or attorney examiner determines otherwise.

Last updated June 20, 2023 at 9:13 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-35-07 Discoverable agreements.

Upon submission of an appropriate discovery request during a proceeding establishing a standard service offer, an electric utility shall make available to the requesting party every contract or agreement that is between the electric utility or any of its affiliates and a party to the proceeding, consumer, electric service company, or political subdivision and that is relevant to the proceeding, subject to such protection for proprietary or confidential information as is determined appropriate by the commission.

Last updated February 28, 2023 at 10:23 AM

History

Effective: May 7, 2009
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-35-08 Competitive bidding process requirements and use of independent third party.

(A) An electric utility proposing a market-rate offer in its standard service offer application, pursuant to section 4928.142 of the Revised Code or an ESP pursuant to section 4928.143 of the Revised Code, shall propose a plan for a competitive bidding process (CBP). An electric utility proposing an electric security plan (ESP), pursuant to section 4928.143 of the Revised Code, may propose a plan for a CBP. The electric utility shall use an independent third party to design an open, fair, and transparent competitive solicitation; to administer the bidding process; and to oversee the entire procedure to assure that the CBP complies with the CBP plan. The independent third party shall be accountable to the commission for all design, process, and oversight decisions.

(B) Within twenty-four hours after the completion of the bidding process, the independent third party shall submit a report to the commission summarizing the results of the CBP. The report includes, but is not limited to, the following items:

(1) A description of the conduct of the bidding process, including a discussion of any aspects of the process that the independent third party believes may have adversely affected the outcome.

(2) The level(s) of oversubscription for each product.

(3) The number of bidders for each product.

(4) The percentage of each product that was bid upon by persons other than the electric utility.

(5) The independent third party's evaluation of the submitted bids, including the bidders' generation source and financial capabilities to perform.

(6) The independent third party's final recommendation of the least cost winning bidder(s).

(7) A listing of the retail rates that would result from the least cost winning bids, along with any descriptions, formulas, and/or tables necessary to demonstrate how the conversion from winning bid(s) to retail rates was accomplished under the conversion process approved by the commission in the electric utility's CBP plan.

(C) The commission makes the final selection of the least-cost winning bidder(s) of the CBP. The commission may rely upon the information provided in the independent third party's report in making its selection of the least-cost winning bidder(s) of the CBP.

Last updated June 20, 2023 at 9:13 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-35-09 Electric security plan fuel and purchased power adjustments.

(A) Each electric utility for which the commission has approved an electric security plan (ESP) which includes automatic adjustments under division (B)(2)(a) of section 4928.143 of the Revised Code shall file for such adjustments in accordance with the provisions of this rule.

(B) The electric utility shall calculate a proposed quarterly adjustment based on projected costs and reconciliation requirements by filing an application four times per year. The staff reviews the quarterly filing for completeness and computational accuracy. If staff raises no issues prior to the date the quarterly adjustment is to become effective, the rates become effective on that date. Although rates are to be adjusted and provided on a quarterly basis, the cost information is to be summarized monthly.

(C) On an annual basis, the prudence of the costs incurred and recovered through quarterly adjustments will be reviewed in a separate proceeding outside of the automatic recovery provision of the electric utility's ESP. The electric utility shall demonstrate that the costs were prudently incurred as required under division (B)(2)(a) of section 4928.143 of the Revised Code and, if a significant change in costs has occurred, include an analysis comparing the electric utility's resource and/or environmental compliance strategy with supply and demand-side alternatives. The process and timeframes for that separate proceeding shall be set by order of the commission, the legal director, deputy legal director, or attorney examiner.

(D) The commission may order that consultants be hired, with the costs billed to the electric utility, to conduct prudence and/or financial reviews of the costs incurred and recovered through the quarterly adjustments.

Last updated June 20, 2023 at 9:13 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-35-10 Annual review of electric security plan.

By May fifteenth of each year, the electric utility shall make a separate filing with the commission demonstrating whether or not any rate adjustments authorized by the commission as part of the electric utility's electric security plan resulted in significantly excessive earnings during the review period as measured by division (F) of section 4928.143 of the Revised Code. The process and timeframes for that proceeding will be set by order of the commission, the legal director, or attorney examiner. The electric utility's filing should include the information set forth in paragraph (C) of rule 4901:1-35-03 of the Administrative Code as it relates to excessive earnings.

Last updated June 20, 2023 at 9:13 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Chapter 4901:1-36 Transmission Cost Recovery Rider

Ohio Adm.Code 4901:1-36-01 Definitions.

(A) "Application" means an application for a transmission cost recovery rider pursuant to this chapter.

(B) "Commission" means the public utilities commission of Ohio.

(D) "Staff" means the staff of the commission or its authorized representative.

Last updated June 20, 2023 at 9:15 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-36-02 Purpose and scope.

(A) This chapter authorizes an electric utility to recover, through a reconcilable rider on the electric utility's distribution rates, all transmission and transmission-related costs, including ancillary and congestion costs, imposed on or charged to the utility, net of financial transmission rights and other transmission-related revenues credited to the electric utility, by the federal energy regulatory commission or a regional transmission organization, independent system operator, or similar organization approved by the federal energy regulatory commission.

(B) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

Last updated July 26, 2021 at 9:20 AM

History

Effective: July 25, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-36-03 Application.

(A) Each electric utility which seeks recovery of transmission and transmission-related costs shall file and accordingly, annually update an application with the commission for a transmission cost recovery rider in compliance with the appendix to this rule.

(B) The commission may order that consultants be hired, with the costs billed to the electric utility and recoverable through the rider, to conduct prudence and/or financial reviews of the costs incurred and recovered through the transmission cost recovery rider.

(C) Each annual application to update the transmission cost recovery rider should be made not less than seventy-five days prior to the proposed effective date of the updated rider.

(D) If at anytime during the period between annual update filings, the electric utility or staff determines that costs are or will be substantially different than the amounts authorized as the result of the electric utility's previous application, the electric utility should file, on its own initiative or by order of the commission, an interim application to adjust the transmission cost recovery rider in order to avoid excessive carrying costs and to minimize rate impacts for the following update filing.

(E) Affected parties may file a motion to intervene and detailed comments on any issues concerning any application filed under this rule within forty days of the date of the filing of the application.

View Appendix

Last updated June 20, 2023 at 9:15 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-36-04 Limitations.

(A) The transmission cost recovery rider costs are reconcilable on an annual basis, with carrying charges to be applied to both over- and under-recovery of costs.

(B) The transmission cost recovery rider shall be avoidable by all customers who choose alternative generation suppliers and the electric utility no longer bears the responsibility of providing generation and transmission service to the customers.

(C) The transmission cost recovery rider shall include transmission and transmission-related costs and off-setting revenues, including ancillary and congestion-related costs and revenues, charged or credited to the utility by the entity with control of transmission facilities under section 4928.12 of the Revised Code to the extent such costs and revenues are not included in any other schedule or rider in the electric utility's tariff on file with the commission.

Last updated January 8, 2024 at 8:39 AM

History

Effective: January 8, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-36-05 Hearings.

Unless otherwise ordered by the commission, the legal director, the deputy legal director, or the attorney examiner, the commission will approve the application or sets the matter for hearing within seventy-five days after the filing of a complete application under this chapter. Proposed rates will become effective on the seventh-fifth day subject to reconciliation adjustments following any hearing, if necessary, or in its subsequent filing.

Last updated June 20, 2023 at 9:15 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-36-06 Additional information.

(A) On a biennial basis, the electric utility shall provide additional information detailing the electric utility's policies and procedures for minimizing any costs in the transmission cost recovery rider where the electric utility has control over such costs.

(B) On a quarterly basis, each electric utility that seeks recovery of transmission and transmission-related costs shall submit to staff a report listing the cost components and amounts, customer revenue, and the monthly over and under-recovery in a format similar to that used in the application schedules for the reconciliation adjustment.

Last updated February 28, 2023 at 10:24 AM

History

Effective: January 1, 2015
Promulgated Under: 111.15

Chapter 4901:1-37 Electric Utility and Affiliates

Ohio Adm.Code 4901:1-37-01 Definitions.

(A) "Affiliates" are companies that are related to each other due to common ownership or control. This includes any internal merchant function of the electric utility whereby the electric utility provides a competitive service.

(B) "Commission" means the public utilities commission of Ohio.

(C) "Competitive retail electric service provider" means a provider of a competitive retail electric service as defined in division (A)(4) of section 4928.01 of the Revised Code.

(D) "Electric services company" is defined in division (A)(9) of section 4928.01 of the Revised Code.

(E) "Electric utility" is defined in division (A)(11) of section 4928.01 of the Revised Code.

(F) "Employees" are all full- or part-time employees of an electric utility or its affiliates, as well as consultants, independent contractors, or any other persons performing various duties or obligations on behalf of or for an electric utility or its affiliate.

(G) "Fully allocated costs" are the sum of direct costs plus an appropriate share of indirect costs. For purposes of these rules, the term "fully allocated costs" has the same meaning as the term fully loaded embedded costs as that term appears in division (A)(3) of section 4928.17 of the Revised Code.

(H) "Person" is defined in division (A)(24) of section 4928.01 of the Revised Code.

(I) "Staff" means the staff of the commission or its authorized representative.

Last updated June 20, 2023 at 9:16 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-37-02 Purpose and scope.

(A) The purpose of this chapter is to require all of the state's electric utilities to meet the same standards so a competitive advantage is not gained solely because of corporate affiliation.

(B) This chapter is intended to create competitive equality, prevent unfair competitive advantage, prohibit the abuse of market power and effectuate the policy of the state of Ohio embodied in section 4928.02 of the Revised Code.

(C) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

(D) To ensure compliance with this chapter, examination of the books and records of affiliates may be necessary.

(E) The electric utility has the burden of proof to demonstrate compliance with this chapter.

Last updated June 20, 2023 at 9:16 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-37-03 Applicability.

(A) The provisions of this chapter are applicable in accordance with sections 4928.17 and 4928.18 of the Revised Code and apply to:

(1) The activities of the electric utility and its transactions or other arrangements with its affiliates.

(2) Any shared services of the electric utilities with any affiliates.

(3) The sale or transfer of generating assets.

(B) Nothing in this chapter is to be construed as prohibiting or otherwise impeding an electric utility's ability to conduct activities pursuant to rules 4901:1-38-03 to 4901:1-38-05 of the Administrative Code.

Last updated June 20, 2023 at 9:16 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-37-04 General provisions.

(A) Structural safeguards.

(1) Each electric utility and its affiliates that provide services to customers within the electric utility's service territory shall function independently of each other.

(2) Each electric utility and its affiliates that provide services to customers within the electric utility's service territory shall not share facilities and services if such sharing in any way violates paragraph (D) of this rule.

(3) Cross-subsidies between an electric utility and its affiliates are prohibited. An electric utility's operating employees and those of its affiliates shall function independently of each other.

(4) An electric utility may not share employees and/or facilities with any affiliate, if the sharing, in any way, violates paragraph (D) of this rule.

(5) An electric utility shall ensure that all shared employees appropriately record and charge their time based on fully allocated costs.

(6) Transactions made in accordance with rules, regulations, or service agreements approved by the federal energy regulatory commission, securities and exchange commission, and the commission, which rules the electric utility shall maintain in its cost allocation manual (CAM) and file with the commission, provide a rebuttable presumption of compliance with the costing principles contained in this chapter.

(B) Separate accounting.

Each electric utility and its affiliates shall maintain, in accordance with generally accepted accounting principles and an applicable uniform system of accounts, books, records, and accounts that are separate from the books, records, and accounts of its affiliates.

Unless otherwise approved by the commission, the financial arrangements of an electric utility are subject to the following restrictions:

(1) Any indebtedness incurred by an affiliate shall be without recourse to the electric utility.

(2) An electric utility shall not enter into any agreement with terms under which the electric utility is obligated to commit funds to maintain the financial viability of an affiliate.

(3) An electric utility shall not make any investment in an affiliate under any circumstances in which the electric utility would be liable for the debts and/or liabilities of the affiliate incurred as a result of actions or omissions of an affiliate.

(4) An electric utility shall not issue any security for the purpose of financing the acquisition, ownership, or operation of an affiliate.

(5) An electric utility shall not assume any obligation or liability as a guarantor, endorser, surety, or otherwise with respect to any security of an affiliate.

(6) An electric utility shall not pledge, mortgage, or use as collateral any assets of the electric utility for the benefit of an affiliate.

(D) Code of conduct.

(1) The electric utility shall not release any proprietary customer information (e.g., individual customer load profiles or billing histories) to an affiliate, or otherwise, without the prior authorization of the customer, except as required by a regulatory agency or court of law.

(2) On or after the effective date of this chapter, the electric utility shall make customer lists, which include name, address, and telephone number, available on a nondiscriminatory basis to all nonaffiliated and affiliated certified retail electric service providers transacting business in its service territory, unless otherwise directed by the customer. This provision does not apply to customer-specific information, obtained with proper authorization, necessary to fulfill the terms of a contract, or information relating to the provision of general and administrative support services. This information will not be used by the certified retail electric service providers for any other purpose than the marketing of electric service to the customer.

(3) Employees of the electric utility's affiliates shall not have access to any information about the electric utility's transmission or distribution systems (e.g., system operations, capability, price, curtailments, and ancillary services) that is not contemporaneously available, readily accessible, and in the same form and manner available to a nonaffiliated competitor providing retail electric service.

(4) An electric utility shall treat as confidential all information obtained from a competitive retail electric service provider, both affiliated and nonaffiliated, and shall not release such information, unless a competitive retail electric service provider provides authorization to do so or unless the information was or thereafter becomes available to the public other than as a result of disclosure by the electric utility.

(5) The electric utility shall not tie (or allow an affiliate to tie), as defined by state and federal antitrust laws, or otherwise condition the provision of the electric utility's regulated services, discounts, rebates, fee waivers, or any other waivers of the electric utility's ordinary terms and conditions of service, including but not limited to tariff provisions, to the taking of any goods and/or services from the electric utility's affiliates.

(6) The electric utility shall ensure effective competition in the provision of retail electric service by avoiding anticompetitive subsidies flowing from a noncompetitive retail electric service to a competitive retail electric service or to a product or service other than retail electric service, and vice versa.

(7) The electric utility, upon request from a customer, shall provide a complete list of all competitive retail electric service providers operating on the system, but shall not endorse any competitive retail electric service providers, indicate that an electric services company is an affiliate, or indicate that any competitive retail electric service provider will receive preference because of an affiliate relationship.

(8) The electric utility shall use reasonable efforts to ensure retail electric service consumers protection against unreasonable sales practices, market deficiencies, and market power and the electric utility's compliance officer shall promptly report any such unreasonable sales practices, market deficiencies, and market power to the director of the rates and analysis department (or their designee).

(9) Employees of the electric utility or persons representing the electric utility shall not indicate a preference for an affiliated electric services company.

(10) The electric utility shall provide comparable access to products and services related to tariffed products and services and specifically comply with the following:

(a) An electric utility shall be prohibited from unduly discriminating in the offering of its products and/or services.

(b) The electric utility shall apply all tariff provisions in the same manner to the same or similarly situated entities, regardless of any affiliation or nonaffiliation.

(c) The electric utility shall not, through a tariff provision, a contract, or otherwise, give its affiliates or customers of affiliates preferential treatment or advantages over nonaffiliated competitors of retail electric service or their customers in matters relating to any product and/or service.

(d) The electric utility strictly follows all tariff provisions.

(e) Except to the extent allowed by any applicable law, regulation, or commission order, the electric utility shall not be permitted to provide discounts, rebates, or fee waivers for any retail electric service.

(11) Shared representatives or shared employees of the electric utility and affiliated electric services company shall clearly disclose upon whose behalf their public representations are being made when such representations concern the entity's provision of electric services.

(E) Emergency.

(1) Notwithstanding the foregoing, in a declared emergency situation, an electric utility may take actions necessary to ensure public safety and system reliability.

(2) The electric utility shall maintain a log of all such actions that do not comply with this chapter, that is subject to review by the commission and its staff.

Last updated June 20, 2023 at 9:17 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-37-05 Application.

(A) Any application for approval of a proposed corporate separation plan, filed with the commission pursuant to section 4928.17 of the Revised Code, should include a narrative describing how the plan ensures competitive equality, prevents unfair competitive advantage, prohibits the abuse of market power, and effectuates the policy of the state of Ohio embodied in section 4928.02 of the Revised Code.

(B) The proposed corporate separation plan will be treated as a stand alone document that, at a minimum, includes the following:

(1) Provisions that maintain structural safeguards.

(2) Provisions that maintain separate accounting.

(3) A list of all current affiliates identifying each affiliate's product(s) and/or service(s) that it provides.

(4) A list identifying and describing the financial arrangements between the electric utility and all affiliates.

(5) A code of conduct policy that complies with this chapter and that applies to all employees of the electric utility and affiliates.

(6) A description of any joint advertising and/or joint marketing activities between the electric utility and an affiliate that the electric utility intends to utilize, including when and where the name and logo of the electric utility will be utilized, and explain how such activities will comply with this chapter.

(7) Provisions related to maintaining a cost allocation manual (CAM).

(8) A description and timeline of all planned education and training, throughout the holding company structure, to ensure that electric utility and affiliate employees know and can implement the policies and procedures of this rule. The information will be maintained on the electric utilities' public web site.

(9) A copy of a policy statement to be signed by electric utility and affiliate employees who have access to any nonpublic electric utility information, which indicates that they are aware of, have read, and will follow all policies and procedures regarding limitation on the use of nonpublic electric utility information. The statement will include a provision stating that failure to observe these limitations will result in appropriate disciplinary action.

(10) A description of the internal compliance monitoring procedures and the methods for corrective action for compliance with this chapter.

(11) A designation of the electric utility's compliance officer who will be the contact for the commission and staff on corporate separation matters. The compliance officer shall certify that the approved corporation separation plan is up to date and in compliance with the commission's rules and orders. The electric utility shall notify the commission and the director of the rates and analysis department (or their designee) of changes in the compliance officer.

(12) A detailed description outlining how the electric utility and its affiliates will comply with this chapter. The format will identify the provision and then provide the description.

(13) A detailed listing of the electric utility's electric services and the electric utility's transmission and distribution affiliates' electric services.

(14) A complaint procedure to address issues concerning compliance with this chapter, which, at a minimum, shall include the following:

(a) All complaints, whether written or verbal, are be referred to the compliance officer designated by the electric utility to handle corporate separation matters or the compliance officer's designee.

(b) The complaint is acknowledged within five working days of its receipt.

(c) A written statement of the complaint is prepared and includes the name of the complainant, a detailed factual report of the complaint, all relevant dates, the entities involved, the employees involved, and the specific claim.

(d) The results of the preliminary investigation are provided to the complainant in writing within thirty days after the complaint was received, including a description of any course of action that was taken.

(e) The written statements of the complaints and resulting investigations required by paragraphs (B)(14)(c) and (B)(14)(d) of this rule shall be kept in the CAM, in accordance with rule 4901:1-37-08 of the Administrative Code for a period of not less than three years.

(f) This complaint procedure does not in any way limit the rights of any person to file a formal complaint with the commission.

Last updated June 20, 2023 at 9:17 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-37-06 Revisions and amendments.

(A) All proposed revisions and/or amendments to the electric utility's approved corporate separation plan shall be filed with the commission, with a copy of the filing simultaneously provided to the director of the rates and analysis department (or their designee).

(B) Except for proposals related to the sale or transfer of assets filed pursuant to rule 4901:1-37-09 of the Administrative Code, if a filing to revise and/or amend the electric utility's corporate separation plan is not acted upon by the commission within sixty days after it is filed, the modified corporate separation plan will be deemed approved on the sixty-first day after filing.

(C) Each electric utility shall file any modified corporate separation plan in its tariff docket upon approval of such plan.

Last updated June 20, 2023 at 9:17 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-37-07 Access to books and records.

(A) The electric utility shall maintain records sufficient to demonstrate compliance with this chapter, and shall produce, upon the request of staff, all books, accounts, and/or other pertinent records kept by an electric utility or its affiliates as they may relate to the businesses for which corporate separation is required under section 4928.17 of the Revised Code, including those required under section 4928.145 of the Revised Code.

(B) The staff may investigate such electric utility and/or affiliate operations and the interrelationship of those operations at the staff's discretion. In addition, the employees and officers of the electric utility and its affiliates shall be made available for informational interviews, at a mutually agreed time and place, as required by the staff to ensure proper separations are being followed.

Last updated June 20, 2023 at 9:17 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-37-08 Cost allocation manual (CAM).

(A) Each electric utility that receives products and/or services from an affiliate and/or that provides products and/or services to an affiliate shall maintain information in the CAM, documenting how costs are allocated between the electric utility and affiliates and the regulated and nonregulated operations.

(B) The CAM will be maintained by the electric utility.

(C) The CAM is intended to ensure the commission that no cross-subsidization is occurring between the electric utility and its affiliates.

(D) The CAM will include:

(1) An organization chart of the holding company, depicting all affiliates, as well as a description of activities in which the affiliates are involved.

(2) A description of all assets, services, and products provided to and from the electric utility and its affiliates.

(3) All documentation including written agreements, accounting bulletins, procedures, work order manuals, or related documents, which govern how costs are allocated between affiliates.

(4) A copy of the job description of each shared employee.

(5) A list of names and job summaries for shared consultants and shared independent contractors.

(6) A copy of all transferred employees' (from the electric utility to an affiliate or vice versa) previous and new job descriptions.

(7) A log detailing each instance in which the electric utility exercised discretion in the application of its tariff provisions.

(8) A log of all complaints brought to the electric utility regarding this chapter.

(9) A copy of the minutes of each board of directors meeting, that will be maintained for a minimum of three years.

(E) The method for charging costs and transferring assets shall be based on fully allocated costs.

(F) The costs should be traceable to the books of the applicable corporate entity.

(G) The electric utility and affiliates shall maintain all underlying affiliate transaction information for a minimum of three years.

(H) Following approval of a corporate separation plan, an electric utility shall provide the director of the rates and analysis department (or their designee) with a summary of any changes in the CAM at least every twelve months.

(I) The compliance officer designated by the electric utility will act as the contact for the staff when staff seeks data regarding affiliate transactions, personnel transfers, and the sharing of employees.

(J) The staff may perform an audit of the CAM in order to ensure compliance with this rule.

Last updated June 20, 2023 at 9:18 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-37-09 Sale or transfer of generating assets.

(A) An electric utility may apply for commission approval to sell or transfer any generating assets it wholly or partly owns by filing an application to sell or transfer.

(B) An application to sell or transfer generating assets should include, at a minimum:

(1) Clearly set forth the object and purpose of the sale or transfer, and the terms and conditions of the same.

(2) Demonstrate how the sale or transfer will affect the current and future standard service offer established pursuant to section 4928.141 of the Revised Code.

(3) Demonstrate how the proposed sale or transfer will affect the public interest.

(4) State the fair market value and book value of all property to be transferred from the electric utility, and state how the fair market value was determined.

(C) Upon the filing of such application, the commission may fix a time and place for a hearing if the application appears to be unjust, unreasonable, or not in the public interest. The commission will fix a time and place for a hearing with respect to any application that proposes to alter the jurisdiction of the commission over a generation asset.

(D) If, after such hearing or in the case that no hearing is required, the commission is satisfied that the sale or transfer is just, reasonable, and in the public interest, it will issue an order approving the application to sell or transfer.

(E) Staff may access all books, accounts, and/or other pertinent records maintained by the transferor and transferee as related to the application to sell or transfer generating assets and in accordance with rule 4901:1-37-07 of the Administrative Code.

Last updated June 20, 2023 at 9:18 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Chapter 4901:1-38 Arrangements

Ohio Adm.Code 4901:1-38-01 Definitions.

(A) "Affidavit" means a written declaration made under oath before a notary public or other authorized officer.

(B) "Commission" means the public utilities commission of Ohio.

(C) "Delta revenue" means the deviation resulting from the difference in rate levels between the otherwise applicable rate schedule and the result of any reasonable arrangement approved by the commission.

(D) "Electric utility" has the meaning set forth in division (A)(11) of section 4928.01 of the Revised Code.

(E) "Energy efficiency production facilities" means any customer that manufactures or assembles products that promote the more efficient use of energy (i.e., increase the ratio of energy end use services (i.e., heat, light, and drive power) derived from a device or process to energy inputs necessary to derive such end use services as compared with other devices or processes that are commonly installed to derive the same energy use services); or, any customer that manufactures, assembles or distributes products that are used in the production of clean, renewable energy.

(F) "Mercantile customer" has the meaning set forth in division (A)(19) of section 4928.01 of the Revised Code.

(G) "Nonfirm electric service" means electric service provided pursuant to a schedule filed under section 4905.30 or 4928.141 of the Revised Code, or pursuant to an arrangement under section 4905.31 of the Revised Code, which schedule or arrangement includes conditions that may require the customer to curtail or interrupt electric usage during nonemergency circumstances upon notification by the electric utility.

(H) "Staff" means the staff of the commission or its authorized representative.

Last updated June 20, 2023 at 9:25 AM

History

Effective: June 20, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-38-02 Purpose and scope.

(A) The purpose of this chapter is to facilitate the state's effectiveness in the global economy, to promote job growth and retention in the state, to ensure the availability of reasonably priced electric service, to promote energy efficiency and to provide a means of giving appropriate incentives to technologies that can adapt successfully to environmental mandates in furtherance of the policy of the state of Ohio embodied in section 4928.02 of the Revised Code.

(B) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

Last updated February 28, 2023 at 10:25 AM

History

Effective: July 17, 2009
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-38-05 Unique arrangements.

(A) An electric utility may file an application pursuant to section 4905.31 of the Revised Code for commission approval of a reasonable arrangement with one or more of its non-mercantile customers, consumers, or employees.

(1) An electric utility filing an application for commission approval of a reasonable arrangement with one or more of its customers, consumers, or employees bears the burden of proof that the proposed arrangement is reasonable and does not violate the provisions of sections 4905.33 and 4905.35 of the Revised Code, and shall submit an affidavit from a company official as to the veracity of the information provided.

(2) Upon the filing of an application for a reasonable arrangement, the commission may fix a time and place for a hearing if the application appears to be unjust or unreasonable.

(B) A mercantile customer, or a group of mercantile customers, of an electric utility may file an application for commission approval of a reasonable arrangement with the electric utility.

(1) Each customer requesting to take service pursuant to a reasonable arrangement with the electric utility has the burden of proof that, at a minimum the arrangement is in the public interest.

(2) A mercantile customer filing an application for commission approval of a reasonable arrangement has the burden of proof that the proposed arrangement is reasonable and does not violate the provisions of sections 4905.33 and 4905.35 of the Revised Code.

(3) Upon the filing of an application for a reasonable arrangement, the commission may fix a time and place for a hearing if the application appears to be unjust or unreasonable.

(C) The applicant may describe how the reasonable arrangement will further the policy of the state of Ohio embodied in section 4928.02 of the Revised Code.

(D) Reasonable arrangements shall reflect terms and conditions for circumstances for which the electric utility's tariffs have not already provided.

(E) Customer information provided to the electric utility to obtain a reasonable arrangement shall be treated by the electric utility as confidential, with the exception of customer names and addresses, which may be disclosed in filings with the commission.

(F) Affected parties may file a motion to intervene and file comments and objections to any application filed under this rule within twenty days of the date of the filing of the application.

Last updated June 20, 2023 at 9:25 AM

History

Effective: June 20, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-38-06 Reporting requirements.

(A) Each electric utility shall require each of its customers served under any reasonable arrangement established pursuant to this chapter to submit an annual report to the electric utility and staff and file an annual report with the commission no later than April thirtieth of each year. The format of that report, to be determined by staff, should ensure a determination of the compliance with the eligibility criteria can be made, the value of any incentives received by the customer(s) are identified, and the potential impact on other customers can be calculated.

(B) The burden of proof to demonstrate ongoing compliance with the reasonable arrangement lies with the customer(s). The electric utility shall summarize the reports provided by customers under paragraph (A) of this rule and submit such summary to staff for review and audit no later than June fifteenth of each year.

Last updated June 20, 2023 at 9:25 AM

History

Effective: June 20, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-38-07 Level of incentives.

(A) The level of the incentives associated with any reasonable arrangement established pursuant to this chapter will be determined as part of the commission's review and approval of the applications filed pursuant to this chapter. Incentives will only be applicable to the service(s) taken from the electric utility by the customer receiving the incentives.

(B) Incentives may be based on, but not limited to:

(1) Demand discounts.

(2) Percentages of total bills, or portions of bills.

(3) Direct contributions.

(4) Reflections of cost savings to the electric utility.

(5) Shared savings.

(6) Some combination of the required criteria.

(C) Where the calculation of delta revenue under any reasonable arrangement under rule 4901:1-38-05 of the Administrative Code requires consideration of a customer's generation charges, the customer will be billed using utility-consolidated billing.

Last updated June 20, 2023 at 9:25 AM

History

Effective: June 20, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-38-08 Revenue recovery.

(A) Each electric utility that is serving customers pursuant to approved reasonable arrangements, may apply for a rider for the recovery of certain costs associated with its delta revenue for serving those customers pursuant to reasonable arrangements in accordance with the following:

(1) The electric utility may request recovery of direct incremental administrative costs related to the programs as part of the rider. Such cost recovery may, as ordered by the commission, be subject to audit, review, and approval by the commission.

(2) For reasonable arrangements in which incentives are given based upon cost savings to the electric utility (including, but not limited to, nonfirm arrangements, on/off peak pricing, seasonal rates, time-of-day rates, real-time-pricing rates), the cost savings will be an offset to the recovery of the delta revenues.

(3) The amount of the revenue recovery rider will be spread to all customers in proportion based on the current revenue distribution between and among classes. The electric utility shall file the projected impact of the proposed rider on all customers, by customer class.

(4) The rider shall be updated and reconciled, by application to the commission, semiannually. All data submitted in support of the rider update is subject to commission review and audit.

(B) If it appears to the commission that the proposals in the application may be unjust and unreasonable, the commission will set the matter for hearing. At such hearing, the electric utility will bear the burden of proof to show that the revenue recovery rider proposal in the application is just and reasonable.

(C) Affected parties may file a motion to intervene and file comments and objections to any application filed under this rule within twenty days of the date of the filing of the application.

Last updated June 20, 2023 at 9:25 AM

History

Effective: June 20, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-38-09 Failure to comply.

(A) If the customer being provided with service pursuant to a reasonable arrangement established pursuant to this chapter fails to substantially comply with any of the criteria for eligibility or fails to substantially comply with reporting requirements, the electric utility, after reasonable notice to the customer, shall terminate the arrangement unless otherwise ordered by the commission.

(B) The commission may also direct the electric utility to charge the customer for all or part of the incentives previously provided by the electric utility.

(C) If the customer is required to pay for all or part of the incentives previously provided, the recovered amounts shall be reflected in the calculation of the revenue recovery rider established pursuant to rule 4901:1-38-08 of the Administrative Code.

Last updated July 13, 2023 at 2:28 PM

History

Effective: April 2, 2009
Promulgated Under: 111.15

Chapter 4901:1-40 Alternative Energy Portfolio Standard

Ohio Adm.Code 4901:1-40-01 Definitions.

(A) "Advanced energy fund" has the meaning set forth in section 4928.61 of the Revised Code.

(B) "Biologically derived methane gas" means landfill methane gas; or gas from the anaerobic digestion of organic materials, including animal waste, municipal wastewater, institutional and industrial organic waste, food waste, yard waste, and agricultural crops and residues.

(C) "Biomass energy" means energy produced from organic material derived from plants or animals and available on a renewable basis, including but not limited to: agricultural crops, tree crops, crop by-products and residues; wood and paper manufacturing waste, including nontreated by-products of the wood manufacturing or pulping process, such as bark, wood chips, sawdust, and lignin in spent pulping liquors; forestry waste and residues; other vegetation waste, including landscape or right-of-way trimmings; algae; food waste; animal wastes and by-products (including fats, oils, greases and manure); biodegradable solid waste; and biologically derived methane gas.

(D) "Co-firing" means simultaneously using multiple fuels in the generation of electricity. In the event of co-firing, the proportion of energy input comprised of a renewable energy resource dictates the proportion of electricity output from the facility that can be considered a renewable energy resource.

(E) "Commission" means the public utilities commission of Ohio.

(F) "Deliverable into this state" means that the electricity or qualifying biologically derived methane gas originates from a facility within a state contiguous to Ohio. It may also include electricity originating from other locations, pending a demonstration that the electricity is physically deliverable to the state.

(G) "Double-counting" means utilizing renewable energy or, renewable energy credits, or energy efficiency savings to do any of the following:

(1) Satisfy multiple Ohio state renewable energy requirements or such requirements for more than one state.

(2) Support multiple voluntary product offerings.

(3) Substantiate multiple marketing or public relations claims.

(4) Some combination of these.

(H) "Electric generating facility" means a power plant or other facility where electricity is produced.

(I) "Electric services company" has the meaning set forth in division (A)(9) of section 4928.01 of the Revised Code.

(J) "Electric utility" has the meaning set forth in division (A)(11) of section 4928.01 of the Revised Code.

(K) "Energy storage" means a facility or technology that permits the storage of energy for future use as electricity.

(L) "Fuel cell" means a device that uses an electrochemical energy conversion process to produce electricity.

(M) "Geothermal energy" means hot water or steam extracted from geothermal reservoirs in the earth's crust and used for electricity generation.

(N) "Hydroelectric energy" means electricity generated by a hydroelectric facility as defined in division (A)(37) of section 4928.01 of the Revised Code.

(O) "Hydroelectric facility" has the meaning set forth in division (A)(37) of section 4928.01 of the Revised Code.

(P) "Linear generator" has the meaning set forth in division (A)(43) of section 4928.01 of the Revised Code.

(Q) "Mercantile customer" has the meaning set forth in division (A)(19) of section 4928.01 of the Revised Code.

(R) "Ohio run-of-the-river hydroelectric facility" means a run-of-the-river hydroelectric facility placed in service on or after January 1, 1980, that is located within this state, relies upon the Ohio river, and operates, or is rated to operate, at an aggregate capacity of forty or more megawatts.

(S) "Person" has the meaning set forth in section 1.59 of the Revised Code.

(T) "PJM" means "PJM Interconnection, LLC" or any successor regional transmission organization.

(U) "Placed-in-service" means when a facility or technology becomes operational.

(V) "Renewable energy credit" or "REC" means the environmental attributes associated with one megawatt-hour of electricity generated by a non-solar renewable energy resource or its non-electric equivalent.

(W) "Renewable energy resource" has the meaning set forth in division (A)(37) of section 4928.01 of the Revised Code.

(X) "Small hydroelectric facility" means a hydroelectric facility that operates, or is rated to operate, at an aggregate capacity of less than six megawatts.

(Y) "Solar energy resources" means solar photovoltaic and/or solar thermal resources.

(Z) "Solar photovoltaic" means energy from devices which generate electricity directly from sunlight through the movement of electrons.

(AA) "Solar renewable energy credit" or "S-REC" means the environmental attributes associated with one megawatt-hour of electricity generated by a solar energy resource.

(BB) "Solar thermal" means the concentration of the sun's energy, typically through the use of lenses or mirrors, to drive a generator or engine to produce electricity.

(CC) "Solid wastes" has the meaning set forth in section 3734.01 of the Revised Code.

(DD) "Staff" means the commission staff or its authorized representative.

(EE) "Standard service offer" means an electric utility offer to provide consumers, on a comparable and nondiscriminatory basis within its certified territory, all competitive retail electric services necessary to maintain essential electric service to consumers, including a firm supply of electric generation service.

(FF) "Waste energy recovery system" has the meaning set forth in division (A)(38) of section 4928.01 of the Revised Code.

(GG) "Wind energy" means electricity generated from wind turbines, windmills, or other technology that converts wind into electricity.

Last updated June 17, 2026 at 7:16 PM

History

Effective: June 14, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-40-02 Purpose and scope.

(A) This chapter addresses the implementation of the renewable portfolio standard, including the incorporation of renewable energy credits, as detailed in sections 4928.64 and 4928.645 of the Revised Code respectively. Parties affected by these renewable portfolio standard rules include all Ohio electric utilities and all electric services companies serving retail electric customers in Ohio.

(B) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

Last updated July 16, 2026 at 7:52 AM

History

Effective: June 15, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-40-03 Requirements.

(A) All electric utilities and affected electric services companies will ensure the benchmarks set forth in division (B)(2) of section 4928.64 of the Revised Code are met. Non-electric sources as permitted by law and certified by the commission may be used to satisfy renewable energy resource requirements.

(B) The baseline for compliance with the qualified renewable energy resource requirements of section 4928.64 of the Revised Code shall be determined as follows:

(1) For electric utilities, the baseline shall be computed using one of the following methodologies:

(a) The average of total kilowatt hours sold by the utility in the preceding three calendar years to any and all retail electric customers whose electric load centers are served by that electric utility and are located within the electric utility's certified territory.

(b) The total kilowatt hours sold to any and all retail electric consumers whose electric load centers are served by that utility and are located within the utility's certified territory in the applicable compliance year. An electric utility that opts to use this methodology may in subsequent compliance years switch to the methodology described in paragraph (B)(1)(a) of this rule, but in so doing, the electric utility shall be required to use the methodology described in paragraph (B)(1)(a) of this rule for at least three consecutive compliance years.

(c) The annual sales used to compute the baseline under methodologies listed in paragraph (B)(1)(a) or (B)(1)(b) of this rule shall be based upon the annual sales as reported in the electric utility's forecast reports or reporting forms.

(2) For electric services companies, the baseline shall be computed using one of the following methodologies:

(a) The average of total kilowatt hours sold annually by the company in the preceding three calendar years to any and all retail electric consumers served by the company in the state. If an electric services company has not been continuously supplying Ohio retail electric customers during the preceding three calendar years, the baseline shall be computed as an average of annual sales data for all calendar years during the preceding three years in which the electric services company was serving retail customers.

(b) The total number of kilowatt hours sold to any and all retail electric customers who are served by the company and are located within this state during the compliance year. An electric services company that opts to use this methodology may in subsequent compliance years switch to the methodology described in paragraph (B)(2)(a) of this rule, but in so doing, the electric services company shall be required to use the methodology described in paragraph (B)(2)(a) of this rule for at least three consecutive compliance years.

(c) The annual sales used to compute the baseline under methodologies in paragraphs (B)(2)(a) and (B)(2)(b) of this rule shall be based upon the annual sales as reported in the electric services company's "Annual Reports for Fiscal Assessment" or as otherwise directed by the commission.

(3) An electric utility or electric services company may request a reduced baseline to reflect new economic growth in its service territory or service area. A company requesting a reduced baseline shall file an application with the commission seeking approval for such reduction.

Last updated July 16, 2026 at 7:52 AM

History

Effective: June 15, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-40-04 Qualified resources.

(A) The following resources or technologies, if they have a placed-in-service date of January 1, 1998, or after, are qualified resources for meeting the qualified renewable energy resource benchmarks:

(1) Solar photovoltaic or solar thermal energy.

(2) Wind energy.

(3) Hydroelectric energy.

(4) Geothermal energy.

(5) Solid waste energy derived from fractionalization, biological decomposition, or other process that does not principally involve combustion.

(6) Biomass energy.

(7) Energy from a fuel cell.

(8) A linear generator.

(9) A storage facility, if it promotes the better utilization of a renewable energy resource. The amount of energy that may qualify from a storage facility is the amount of electricity discharged from the storage facility.

(10) Abandoned or active coal mine methane energy.

(11) Waste energy recovery system placed into service or retrofitted on or after September 10, 2012, as defined in division (A)(38)(a) of section 4928.01 of the Revised Code. The portion of the electricity production that is generated from recovered waste energy shall be recognized as renewable.

(12) A waste energy recovery system defined in division (A)(38)(b) of section 4928.01 of the Revised Code, provided that it was placed into service between January 1, 2002, and December 31, 2004.

(13) A waste energy recovery system placed into service or retrofitted on or after September 10, 2012, as defined in division (A)(38)(c) of section 4928.01 of the Revised Code. The energy derived from steam produced from recovered waste heat shall be measured and verified in accordance with applicable tracking system requirements. For the purposes of converting the quantity of energy derived from steam to an electricity equivalent, one megawatt hour equals 3,412,142 British thermal units. The producer must demonstrate adequate energy content, in British thermal units, and metering accuracy.

(14) A renewable energy resource created on or after January 1, 1998, by the modification or retrofit of any facility placed in service prior to January 1, 1998.

(15) Ohio run-of-the-river hydroelectric facility.

(16) Small hydroelectric facility, regardless of placed in-service date.

(17) Biologically-derived methane gas resources, including biologically derived methane gas resources that are not converted to electricity, excluding biologically-derived methane gas resources used solely for the purpose of flaring. This includes heat captured from a generator of electricity, boiler, or heat exchanger fueled by biologically derived methane gas; and compressed natural gas produced from biologically derived methane gas.

(a) The producer of the biologically derived methane gas must adequately demonstrate measurement, verification, and quantity of biologically derived methane gas produced on a continuing basis. The method used for measuring and calculating the biologically derived methane gas produced must be approved in advance by the commission as part of the facility certification process.

(b) The energy derived from biologically derived methane gas shall be measured and verified in accordance with applicable tracking system requirements. For the purposes of converting the quantity of energy derived from biologically derived methane gas to an electricity equivalent, one megawatt hour equals 3,412,142 British thermal units. The producer must demonstrate adequate energy content, in British thermal units, and metering accuracy. Biologically derived methane gas shall be reported in megawatt hours.

(18) Distributed generation system used by a customer to generate electricity from one of the resources or technologies listed in paragraphs (A)(1) to (A)(15) of this rule.

(B) The following new or existing mercantile customer-sited resources may be qualified resources for meeting electric utilities' annual renewable energy resource benchmarks, as applicable, provided that it uses a renewable energy resource and that the mercantile customer commits the resource for integration into the electric utility's demand-response, energy efficiency, or peak-demand reduction programs pursuant to division (A)(2)(c) of section 4928.66 of the Revised Code:

(1) Electric generation equipment that uses a renewable energy resource and is owned or controlled by a mercantile customer.

(2) A resource that improves the relationship between real and reactive power.

(3) A mercantile customer-owned or controlled resource that makes efficient use of waste heat or other thermal capabilities.

(4) Storage technology that allows a mercantile customer more flexibility to modify its demand or load and usage characteristics.

(C) An electric utility or electric services company may use RECs and S-RECs, as applicable, to satisfy all or part its qualifying renewable energy resource benchmarks.

(1) To be eligible for use towards satisfying a benchmark, a REC or S-REC must originate from a facility that has been certified by the commission under paragraph (D) of this rule.

(2) To become certified under paragraph (D) of this rule, an electric generating facility or a qualifying non-electric source, must demonstrate that it satisfies the following:

(a) The definition of a renewable energy resource, including solar energy resources;

(b) The applicable placed in-service date;

(d) It is registered with, or commits to become registered with, an attribute tracking system recognized by the commission;

(e) The facility's electrical output is measured by a utility-grade meter in compliance with paragraph (B) of rule 4901:1-10-05 of the Administrative Code, for facilities with generating capacity of more than six kilowatts. Gas meters for measuring qualifying gas resources shall comply with the accuracy requirements in section 4933.09 of the Revised Code; and

(f) All other requirements as delineated in the certification application.

(3) To demonstrate compliance with a renewable energy resource benchmark, an electric utility or electric services company must retire the RECs and S-RECs with any of the following attribute tracking systems:

(a) The PJM EIS generation attributes tracking system (GATS);

(b) The midwest renewable energy tracking system (M-RETS); or

(4) A REC or S-REC may be used for compliance any time in the five calendar years following the date of its initial purchase or acquisition.

(5) Double counting is prohibited.

(6) The RECs and S-RECs must be associated with electricity that was generated, or a qualifying non-electric source that was produced, no earlier than the date when the associated fuel resource or technology became eligible for certification as a qualifying renewable energy resource under division (A) of section 4928.64 of the Revised Code.

(7) The RECs and S-RECs must be associated with electricity, or a qualifying non-electric source, that was generated no later than the end of the compliance year.

(D) An entity seeking facility qualification shall file an application for certification of its electric generating facility, or qualifying non-electric source, upon such forms as may be prescribed by the commission. The application shall include a determination of deliverability to the state in accordance with paragraph (F) of rule 4901:1-40-01 of the Administrative Code.

(1) Any interested person may file a motion to intervene and file comments and objections to any application filed under this rule within twenty days of the date of the filing of the application.

(2) An application is deemed automatically approved within thirty days after the application is filed, unless suspended by order of the commission.

(3) If the commission suspends the application, the applicant will be notified of the reasons for such suspension and may be directed to furnish additional information.

(4) Upon commission approval, the applicant will receive notification of approval and a numbered certificate where applicable. The commission will provide this certificate number to the appropriate attribute tracking system.

(5) If an applicant withdraws an application prior to commission approval, then the case will be closed without further action from the commission.

(6) Representatives of certified facilities must notify the commission within thirty days of any material changes in information previously submitted to the commission during the certification process. Failure to do so may result in revocation of certification status.

(7) The commission may revoke a certificate due to changes that negate the facility's certification eligibility. In the event a certificate is revoked, the commission may recognize as viable compliance resources the RECs or S-RECs generated during the time of certification unless specifically stated otherwise by the commission.

(8) Certification of a resource or technology does not predetermine compliance with annual benchmarks, and does not constitute any commission position regarding cost recovery.

(E) At its discretion, the commission may classify any new technology as a qualifying renewable energy resource. Any interested person may request a hearing on such classification.

Last updated June 17, 2026 at 7:16 PM

History

Effective: June 14, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-40-05 Annual status reports and compliance reviews.

(A) Unless otherwise ordered by the commission, each electric utility and electric services company shall file by April fifteenth of each year, on such forms as may be published by the commission, an annual renewable energy portfolio status report analyzing all activities undertaken in the previous calendar year to demonstrate how the applicable renewable energy portfolio benchmarks have been met.

(1) The annual review will include compliance with the most recent applicable renewable energy resource benchmark.

(2) The annual compliance reviews shall consider any under-compliance an electric utility or electric services company asserts is outside its control, pursuant to division (C)(1) of section 4928.64 of the Revised Code.

(3) The renewable energy portfolio status reports filed by each electric utility and electric services company for the applicable compliance year shall include at least the following content that, with the exception of paragraph (A)(3)(d) of this rule, shall be made publicly available:

(a) The actual annual sales volumes used to compute the compliance baseline, including identification of the source of the sale volume figures.

(b) A quantification in megawatt-hours of all applicable renewable energy portfolio standard compliance requirements.

(c) An indication of the compliance status relative to each of the applicable renewable energy portfolio standard compliance requirements.

(d) Demonstration of status relative to the statutory three percent cost provision, for the compliance year addressed in the annual status report, pursuant to the calculation methodology described in rule 4901:1-40-07 of the Administrative Code.

(e) Identification of the attribute tracking system(s) used to demonstrate compliance.

(f) A discussion of any perceived impediments to achieving compliance with required benchmarks, as well as suggestions for addressing any such impediments.

(g) An electric services company may omit the contents required in paragraph (A)(3)(d) of this rule if the company affirms in its compliance status report that it will not seek compliance relief under division (C)(3) of section 4928.64 of the Revised Code for that year.

(B) Any person may file comments regarding an electric utility's or electric services company's renewable energy portfolio status report within thirty days of the filing of such report.

(C) Staff will review each electric utility's or electric services company's renewable energy portfolio status report and any timely filed comments, and file its findings and recommendations and any proposed modifications thereto.

(D) An annual compliance status report is deemed automatically approved unless suspended by the commission within sixty days of the filing date of staff's findings and recommendations. The commission may schedule a hearing on the renewable energy portfolio status report.

Last updated July 16, 2026 at 7:52 AM

History

Effective: June 15, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-40-06 Force majeure.

An electric utility or electric services company may seek a force majeure determination from the commission for all or part of a minimum renewable-energy benchmark.

(A) A decision on a request for a force majeure determination will be rendered within ninety days of an electric utility or electric services company filing a request for such determination.

(1) At the time of requesting such a determination from the commission, an electric utility or electric services company shall demonstrate that it pursued all reasonable compliance options including, but not limited to, renewable energy credit (REC) solicitations, REC banking, and long-term contracts.

(2) The request shall include an assessment of the availability of qualified resources within the service territories of any regional transmission organizations that manage transmission systems located in Ohio.

(B) If the commission determines that force majeure conditions exist, it may modify that compliance obligation of the electric utility or electric services company, as it considers appropriate to accommodate the finding.

(1) Such modification does not automatically reduce future-year obligations.

(2) The commission retains the right to increase a future year's compliance obligation by the amount of any under compliance in a previous year that is attributed to a force majeure determination.

Last updated July 16, 2026 at 7:52 AM

History

Effective: June 15, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-40-07 Cost cap.

(A) By no later than April fifteenth of each compliance year, electric utilities and electric services companies shall calculate their status relative to the statutory three per cent cost provision during the most recent compliance year. Alternatively, an electric utility or electric services company may file an application with the commission for review of its cost cap calculation prior to the date required in rule 4901:1-40-05 of the Administrative Code.

(1) A discretionary three per cent cost cap is applicable to the renewable energy benchmarks specified in division (B)(2) of section 4928.64 of the Revised Code.

(2) An electric utility or electric services company shall pursue all reasonable compliance options prior to requesting relief from compliance with the renewable energy resource requirements based on the three per cent cost cap.

(3) In the case that the commission makes such a determination that an electric utility's or electric services company's compliance costs exceed the applicable three per cent cost cap, the electric utility or electric services company may not be required to fully comply with the renewable energy benchmarks specified in division (B)(2) of section 4928.64 of the Revised Code.

(B) The calculation of the company's status relative to the statutory three per cent cost provision shall follow the multi-step process as detailed in this rule. If full compliance with the applicable benchmark would prompt a company to exceed the three per cent cost provision, the company may seek relief from the commission for that incremental portion of its compliance obligation.

(1) Determine the compliance baseline in megawatt-hours for the compliance year consistent with the applicable section of paragraph (B) of rule 4901:1-40-03 of the Administrative Code.

(2) Calculate a reasonably expected dollar per megawatt-hour figure for the compliance year.

(a) For an electric utility, the dollar per megawatt-hour figure should be a weighted average of the reasonably expected cost of the SSO supply for delivery during the compliance year, net of distribution losses.

(b) For electric service companies, this dollar per megawatt-hour figure should be a weighted average of the reasonably expected cost of supply for delivery during the compliance year, net of distribution system losses.

(3) Calculate the total cost by multiplying the dollar per megawatt-hour figure in paragraph (B)(2) of this rule by the compliance baseline calculated in paragraph (B)(1) of this rule.

(4) Multiply the total cost in paragraph (B)(3) of this rule by three per cent.

Last updated July 16, 2026 at 7:52 AM

History

Effective: June 15, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-40-08 Compliance payments.

(A) Any electric utility or electric services company that does not achieve an annual renewable energy resource benchmark shall remit a compliance payment based on the amount of noncompliance rounded up to the next megawatt hour (MWh), unless the commission has identified the existence of force majeure conditions or the commission has granted relief under the three per cent cost-cap provision.

(1) The payment for noncompliance with any renewable energy resource benchmark shall be calculated by quantifying the level of noncompliance, rounded to the next MWh, and multiplying this figure by an amount determined by the commission.

(a) The per MWh payment for renewable energy resources for the year 2009 is forty-five dollars.

(b) Beginning in the year 2010, the per MWh payment for renewable energy resources will be adjusted annually to reflect the annual change to the consumer price index as defined in paragraph (C)(2)(b) of section 4928.64 of the Revised Code. Such adjustment will be performed by staff no later than June first of each calendar year, and calculated using the following formula:

= ((CPIYR2/CPIYR1) * current per MWh payment)

(B) Any electric utility or electric services company found to be liable for a compliance payment is prohibited from passing compliance payments on to consumers. In the event that a compliance payment is required, an electric utility or electric services company shall file an attestation, signed by a company officer or designee, indicating that it will not seek to recover the specific compliance payment from consumers. Such attestation shall be filed within thirty days of the imposition of any compliance payment requirement.

Last updated June 17, 2026 at 7:17 PM

History

Effective: June 14, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-40-09 Annual report.

(A) Pursuant to division (D)(1) of section 4928.64 of the Revised Code, staff will conduct an annual review of the renewable energy resource market and submit its findings in a report to the general assembly.

(B) Prior to its submission to the general assembly, the report will be issued for public comment by interested persons for thirty days, unless otherwise ordered by the commission.

Last updated July 16, 2026 at 7:53 AM

History

Effective: June 15, 2023
Promulgated Under: 111.15

Chapter 4901:1-41 Greenhouse Gas Reporting and Carbon Dioxide Control Planning

Ohio Adm.Code 4901:1-41-01 Definitions.

(A) "Commission" means the public utilities commission of Ohio.

(B) "The Climate Registry" means the nonprofit collaboration among North American states, provinces, territories and native sovereign nations, using the website at www.theclimateregistry.org, that sets consistent and transparent standards to calculate, verify, and publicly report greenhouse gas emissions into a single registry.

(C) "Electric generating facility" means an electric generating plant and associated facilities capable of producing electricity of fifty megawatts or larger.

(D) "Greenhouse gas" means the emissions of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and/or sulphur hexafluoride.

(E) "Public utility" means those entities included within the definition of "public utility" set forth in section 4905.02 of the Revised Code.

Last updated May 11, 2026 at 12:59 PM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-41-02 Purpose and scope.

(A) This chapter provides rules for the reporting of greenhouse gas emissions for each electric generating facility that is located in this state, is owned and operated by a public utility that is subject to the commission's jurisdiction, and emits greenhouse gases, pursuant to section 4928.68 of the Revised Code.

(B) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

Last updated May 11, 2026 at 1:00 PM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-41-03 Greenhouse gas reporting.

Unless otherwise directed by the commission, any public utility owning or operating an electric generating facility within Ohio that emits greenhouse gases shall become a participating reporting member in the climate registry and shall report greenhouse gas emissions according to the protocols approved by the climate registry.

Last updated May 11, 2026 at 1:00 PM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Chapter 4901:1-42 Review of Green Pricing Programs

Ohio Adm.Code 4901:1-42-01 Definitions.

(A) "Commission" means the public utilities commission of Ohio.

(B) "CRES provider" means a provider of "competitive retail electric service," as defined in division (A)(4) of section 4928.01 of the Revised Code.

(D) "EDU" means an electric distribution utility and has the meaning set forth in division (A)(6) of section 4928.01 of the Revised Code.

(E) "Green pricing program" means a program in which an Ohio electric distribution utility or CRES provider that offers an electric product in which the product is marketed based on its fuel source and/or emissions profile. Such programs may include the use of renewable energy credits.

(F) "Renewable energy credit" and "REC" means the environmental attributes associated with one megawatt-hour of electricity generated by a renewable energy resource.

(G) "Renewable energy resource" has the same meaning as set forth in section 4928.01 of the Revised Code.

(H) "Retired" means permanently removing the resource from circulation so as to eliminate the potential for double-counting of the resource.

(I) "Soliciting" means providing information to a potential future customer.

Last updated April 20, 2023 at 1:13 PM

History

Effective: April 20, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-42-02 Purpose and scope.

(A) This chapter addresses the review of green pricing programs offered in this state as part of competitive retail electric service, pursuant to section 4928.70 of the Revised Code. Parties affected by these rules include all Ohio EDUs and CRES providers serving or soliciting retail electric customers in Ohio.

(B) Upon an application or a motion filed by a party, the commission may waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

Last updated July 13, 2023 at 3:02 PM

History

Effective: January 8, 2015
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-42-03 Requirements.

(A) Any Ohio EDU or CRES providers offering a green pricing program shall ensure that any program or marketing materials distributed to customers accurately portray the product.

(B) Any program or marketing materials being used by an Ohio EDU or CRES provider that address green pricing programs shall be provided to commission staff not later than four calendar days after being distributed to customers or after the product included in such programs is offered to Ohio customers. Additionally, any program or marketing materials requested by staff should be provided to staff by email or facsimile within five calendar days.

(C) Any Ohio EDU or CRES provider offering a green pricing program shall maintain sufficient documentation to verify that adequate resources were secured and retired to support the product offerings. Such documentation, shall be retained for no less than two years.

(D) Any Ohio EDU or CRES provider offering a green pricing program shall maintain sufficient documentation to verify that the resources used to support participation in the green pricing program are separate from the resources used for compliance with the state's alternative energy portfolio standard as set forth in section 4928.64 of the Revised Code. Such documentation, shall be retained for no less than two years.

(E) Any Ohio EDU or CRES provider offering a green pricing program shall not engage in double-counting of resources used to support participation in a green pricing program.

Last updated April 20, 2023 at 1:13 PM

History

Effective: April 20, 2023
Promulgated Under: 111.15

Chapter 4901:1-43 Recovery of Infrastructure Development Costs

Ohio Adm.Code 4901:1-43-01 Definitions.

(A) "Annual report" means a report filed annually by any natural gas company with a commission-approved infrastructure development rider pursuant to this chapter.

(B) "Application" means an application for a natural gas infrastructure development rider pursuant to this chapter.

(D) "Economic development entity" has the meaning set forth in division (C) of section 4929.163 of the Revised Code.

(E) "Infrastructure development" has the meaning set forth in division (A) of section 4929.16 of the Revised Code.

(F) "Infrastructure development costs" has the meaning set forth in division (B) of section 4929.16 of the Revised Code.

(G) "Natural gas company" means a company that meets the definition of a natural gas company set forth in section 4905.03 of the Revised Code and that also meets the definition of a public utility under section 4905.02 of the Revised Code.

(H) "Notice" means a notice filing for a natural gas infrastructure development project pursuant to this chapter.

(I) "Staff" means the staff of the commission or its authorized representative.

Last updated July 10, 2026 at 11:23 AM

History

Effective: June 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-43-02 Purpose and scope.

(A) This chapter authorizes a natural gas company to file an application with the commission for approval of an infrastructure development rider to recover prudently incurred infrastructure development costs of one or more economic development projects approved under section 4929.163 of the Revised Code.

(B) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

Last updated July 10, 2026 at 11:23 AM

History

Effective: January 7, 2019
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-43-03 Project information and approval process.

(A) Pursuant to division (A) of section 4929.163 of the Revised Code, a natural gas company may file, prior to beginning construction, for approval of an economic development project through an economic development project notice with the commission's docketing division. This notice may contain any information the commission deems relevant, for example, any or all of the following:

(1) The name and location of the project.

(2) A background of the subject company of the economic development project.

(3) The level of total investment and capital expenditure by the subject company and the economic development impact. This description shall contain the following information:

(a) Anticipated number of new jobs created and jobs retained by the project.

(b) Description of the community served and the benefits to that community.

(4) To the maximum extent practicable, a description of other potential locations that may compete with the proposed location, including the type, location, and time frame of potentially competing projects.

(5) A description of how the infrastructure development costs are projected to generate a return less than the most recently authorized return on equity.

(B) Following its review of the information set forth in paragraph (A) of this rule, and any other information consistent with section 4929.163 of the Revised Code, the commission may approve a project if the infrastructure development costs for the project are projected to generate a return on the company's investment that is less than the most recently authorized return on equity.

(C) A notice filed pursuant to division (A) of section 4929.163 of the Revised Code is deemed automatically approved on the thirtieth day after the date of the notice filing unless the notice filing is suspended by the commission for good cause shown. If the notice filing is suspended, the commission will approve, deny, modify, or hold a hearing on the notice filing not later than forty-five days after the date that the suspension begins.

Last updated May 28, 2026 at 7:49 AM

History

Effective: May 28, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-43-04 Cost recovery rider process.

(A) Each natural gas company's initial application for an infrastructure development rider pursuant to section 4929.161 of the Revised Code shall include all information set forth upon forms as may be prescribed by the commission, which forms are available on the commission's website.

(B) The commission may order that consultants be hired, with costs billed to the natural gas company, to conduct prudence and/or financial reviews of the costs incurred and recovered through the infrastructure development rider.

(C) Each annual report to update the infrastructure development rider should be made not less than seventy-five days prior to the proposed effective date of the updated rider rate. Proposed rates will become effective on the seventy-sixth day, unless suspended by the commission for good cause shown, and are subject to reconciliation adjustments following any hearing, if necessary.

(D) Affected parties may file a motion to intervene and submit comments on any issues within the following timelines:

(1) A motion to intervene and submit comments concerning any notice filed under paragraph (A) of rule 4901:1-43-03 of the Administrative Code must be submitted to the commission within fifteen days of the date of the filing of the notice.

(2) A motion to intervene and submit comments concerning an annual report to update the infrastructure development rider filed under this rule must be submitted to the commission within forty-five days of the date of the filing of the annual report.

Last updated May 28, 2026 at 7:49 AM

History

Effective: May 28, 2026
Promulgated Under: 111.15

Chapter 4901:1-44 Percentage of Income Payment Plan

Ohio Adm.Code 4901:1-44-01 Definitions.

(A) "Application" means an application to modify a percentage of income payment plan (PIPP) rider pursuant to this chapter.

(B) "Commission" means the public utilities commission of Ohio.

(C) "Competitive retail electric service" (CRES) has the same meaning as set forth in division (A)(4) of section 4928.01 of the Revised Code, and includes the services provided by an electric services company, retail electric generation providers, power marketers, power brokers, aggregators, and governmental aggregators.

(D) "Electric distribution utility" has the same meaning as set forth in division (A)(6) of section 4928.01 of the Revised Code.

(E) "Percentage of income payment plan rider" (PIPP rider) is a rider on retail electric distribution service rates as described in division (A) of section 4928.52 of the Revised Code and recovers the following:

(1) The prudently incurred costs of providing the PIPP plus program for each electric distribution utility;

(2) The total of each electric distribution utility's allocated share, as determined by the commission, pursuant to division (B)(1) of section 4928.52 of the Revised Code and rule 4901:1-44-03 of the Administrative Code; and

(3) Any additional amount necessary and sufficient to fund through the PIPP rider the administrative costs of the low-income customer assistance programs.

Last updated September 10, 2026 at 7:44 AM

History

Effective: September 10, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-44-02 Purpose and scope.

(A) The rules in this chapter:

(1) Apply to the administration of the PIPP rider.

(2) Are intended to:

(a) Implement sections 4928.54, 4928.541, and 4928.542 of the Revised Code.

(b) Ensure a fair and unbiased auction process for the procurement of generation service for PIPP plus program customers and the performance of the winning bidder or bidders pursuant to section 4928.543 of the Revised Code.

(B) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

Last updated September 10, 2026 at 7:44 AM

History

Effective: September 10, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-44-03 Allocation; Application and modification of rider.

(A) The commission will periodically allocate to each electric distribution utility a share of the funding for low-income customer assistance programs administered by the director of the department of job and family services according to each electric distribution utility's annual distribution service revenues. Each electric distribution utility's allocation will include a separately designated allocation equal to the electric distribution utility's share of an amount not to exceed fifteen million dollars annually for funding the consumer education program administered by the department of job and family services under section 4928.56 of the Revised Code.

(B) On the thirtieth day of June of each year, each electric distribution utility will remit to the department of job and family services for deposit in the electric partnership plan fund the utility's share of the utility's allocation for funding the consumer education program administered by the department of job and family services under section 4928.56 of the Revised Code and the costs for the administration of the low-income customer assistance programs administered by the director of the department of job and family services.

(C) The PIPP rider may not shift among the customer classes of electric distribution utilities the costs of funding low-income customer assistance programs.

(D) An electric distribution utility seeking to modify its PIPP rider may file with the commission an application for approval of the modification. If the commission does not act upon the electric distribution utility's application within forty-five days, the modification will become effective on the forty-sixth day after the initial filing is made with the commission.

Last updated September 10, 2026 at 7:44 AM

History

Effective: September 10, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-44-04 Aggregation of PIPP plus customers and auction for CRES.

(A) The procurement of generation supply to serve the aggregated PIPP plus program load in an electric distribution utility's service territory is to be done through the competitive request for proposal (RFP) auction process implemented by the electric distribution utility. The first phase of the competitive RFP auction process will consist of an initial RFP auction during which CRES providers submit bids to serve the PIPP plus program load for less than the standard service offer (SSO). If no CRES provider submits a bid to serve the PIPP plus program load for less than the SSO, then a supplemental RFP auction will be conducted in which CRES providers may submit bids to serve the PIPP plus program load at any price. If no CRES provider participates in either RFP auction, the electric distribution utility may implement contingency measures to procure supply for the PIPP plus program load.

(B) The RFP auctions should procure supply for PIPP plus program load for a period of twelve months.

(D) All RFP auction results and winning bids are subject to commission approval and will meet the following requirements:

(1) Be designed to provide reliable CRES to PIPP plus program customers.

(2) Reduce the cost of the PIPP plus program relative to the SSO.

(3) Result in the best value for persons paying the PIPP rider.

Last updated September 10, 2026 at 7:44 AM

History

Effective: September 10, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:1-44-05 Audits.

(A) The commission will conduct, or cause to be conducted, periodic audits of each electric distribution utility's PIPP rider. Except as provided in paragraph (B) of this rule and unless otherwise ordered by the commission, each audit will be conducted by a qualified auditing firm.

(B) The commission may, upon the request of any party or upon its own initiative, conduct the audits required under this rule. In determining whether to do so, the commission may consider:

(1) The number of customers served by the utility;

(2) The cost of employing an independent auditor;

(3) The availability of the commission staff to conduct the required audits; and

(4) Such other factors as the commission considers appropriate.

Last updated September 10, 2026 at 7:44 AM

History

Effective: September 10, 2026
Promulgated Under: 111.15