As Introduced
136th General Assembly
Regular Session H. B. No. 142
2025-2026
Representatives Dovilla, Fischer
Cosponsor: Representative Thomas, D.
To amend sections 4909.05, 4909.06, 4909.07,
4909.08, 4909.15, 4909.155, 4909.156, 4909.18,
4909.191, 4909.42, 4928.18, and 4929.041 and to
enact sections 4903.30, 4929.052, 4929.053,
4929.054, 4929.055, 4929.056, 4929.057,
4929.058, 4929.059, and 4929.0510 of the Revised
Code to allow for alternative rate plans for
natural gas companies to serve large load
customers and to make changes to the process of
valuating natural gas company property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4909.05, 4909.06, 4909.07,
4909.08, 4909.15, 4909.155, 4909.156, 4909.18, 4909.191,
4909.42, 4928.18, and 4929.041 be amended and sections 4903.30,
4929.052, 4929.053, 4929.054, 4929.055, 4929.056, 4929.057,
4929.058, 4929.059, and 4929.0510 of the Revised Code be enacted
to read as follows:
Sec. 4903.30. In any proceeding before the public
utilities commission for which the public utility is the
applicant or the subject of the proceeding, the commission shall
consider a settlement to resolve some or all issues in the
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proceeding only if the public utility is a signatory party to,
or has filed a notice that it does not oppose, the settlement.
The commission shall determine a settlement is reasonable and
lawful only if the following criteria are met:
(A) The settlement was a product of serious bargaining
among capable, knowledgeable parties.
(B) The settlement, as a package, benefits ratepayers and
the public interest.
(C) The settlement package does not violate any important
regulatory principle or practice.
Sec. 4909.05. As used in this section:
(A) A "lease purchase agreement" is an agreement pursuant
to which a public utility leasing property is required to make
rental payments for the term of the agreement and either the
utility is granted the right to purchase the property upon the
completion of the term of the agreement and upon the payment of
an additional fixed sum of money or title to the property vests
in the utility upon the making of the final rental payment.
(B) A "leaseback" is the sale or transfer of property by a
public utility to another person contemporaneously followed by
the leasing of the property to the public utility on a long-term
basis.
(C) The public utilities commission shall prescribe the
form and details of the valuation report of the property of each
public utility or railroad in the state. Such report shall
include all the kinds and classes of property, with the value of
each, owned, held, or, with respect to a natural gas, water-
works, or sewage disposal system company, projected to be owned
or held as of the date certain or, as provided for in division
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(E) of section 4909.15 of the Revised Code, as of the dates
certain, by each public utility or railroad used and useful, or,
with respect to a natural gas, water-works, or sewage disposal
system company, projected to be used and useful as of the date
certain or, as provided for in division (E) of section 4909.15
of the Revised Code, as of the dates certain , for the service
and convenience of the public. Such report shall contain the
following facts in detail:
(1) The original cost of each parcel of land owned in fee
and in use, or, with respect to a natural gas, water-works, or
sewage disposal system company, projected to be owned in fee and
in use as of the date certain or, as provided for in division
(E) of section 4909.15 of the Revised Code, as of the dates
certain, determined by the commission; and also a statement of
the conditions of acquisition, whether by direct purchase, by
donation, by exercise of the power of eminent domain, or
otherwise;
(2) The actual acquisition cost, not including periodic
rental fees, of rights-of-way, trailways, or other land rights
held, or, with respect to a natural gas, water-works, or sewage
disposal system company, projected to be held as of the date
certain or, as provided for in division (E) of section 4909.15
of the Revised Code, as of the dates certain , by virtue of
easements, leases, or other forms of grants of rights as to
usage;
(3) The original cost of all other kinds and classes of
property used and useful, or, with respect to a natural gas,
water-works, or sewage disposal system company, projected to be
used and useful as of the date certain or, as provided for in
division (E) of section 4909.15 of the Revised Code, as of the
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dates certain, in the rendition of service to the public.
Subject to section 4909.052 of the Revised Code, such original
costs of property, other than land owned in fee, shall be the
cost, as determined to be reasonable by the commission, to the
person that first dedicated or dedicates the property to the
public use and shall be set forth in property accounts and
subaccounts as prescribed by the commission. To the extent that
the costs of property comprising a coal research and development
facility, as defined in section 1555.01 of the Revised Code, or
a coal development project, as defined in section 1551.30 of the
Revised Code, have been allowed for recovery as Ohio coal
research and development costs under section 4905.304 of the
Revised Code, none of those costs shall be included as a cost of
property under this division.
(4) The cost of property constituting all or part of a
project leased to or used by the utility, or, with respect to a
natural gas, water-works, or sewage disposal system company,
projected to be leased to or used by the utility as of the date
certain or, as provided for in division (E) of section 4909.15
of the Revised Code, as of the dates certain , under Chapter
165., 3706., 6121., or 6123. of the Revised Code and not
included under division (C)(3) of this section exclusive of any
interest directly or indirectly paid by the utility with respect
thereto whether or not capitalized;
(5) In the discretion of the commission, the cost to a
utility, in an amount determined to be reasonable by the
commission, of property constituting all or part of a project
leased to the utility, or, with respect to a natural gas, water-
works, or sewage disposal system company, projected to be leased
to the utility as of the date certain or, as provided for in
division (E) of section 4909.15 of the Revised Code, as of the
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dates certain, under a lease purchase agreement or a leaseback
and not included under division (C)(3) of this section exclusive
of any interest directly or indirectly paid by the utility with
respect thereto whether or not capitalized;
(6) The cost of the replacement of water service lines
incurred by a water-works company under section 4909.173 of the
Revised Code and the water service line replacement
reimbursement amounts provided to customers under section
4909.174 of the Revised Code;
(7) The proper and adequate reserve for depreciation, as
determined to be reasonable by the commission;
(8) Any sums of money or property that the company may
have received, or, with respect to a natural gas, water-works,
or sewage disposal system company, is projected to receive as of
the date certain or, as provided for in division (E) of section
4909.15 of the Revised Code, as of the dates certain , as total
or partial defrayal of the cost of its property;
(9) The valuation of the property of the company, which
shall be the sum of the amounts contained in the report pursuant
to divisions (C)(1) to (6) of this section, less the sum of the
amounts contained in the report pursuant to divisions (C)(7) and
(8) of this section.
The report shall show separately the property used and
useful to such public utility or railroad in the furnishing of
the service to the public, the property held by such public
utility or railroad for other purposes, and the property
projected to be used and useful to or held by a natural gas,
water-works, or sewage disposal system company as of the date
certain or, as provided for in division (E) of section 4909.15
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of the Revised Code, as of the dates certain , and such other
items as the commission considers proper. The commission may
require an additional report showing the extent to which the
property is used and useful, or, with respect to a natural gas,
water-works, or sewage disposal system company, projected to be
used and useful as of the date certain or, as provided for in
division (E) of section 4909.15 of the Revised Code, as of the
dates certain. Such reports shall be filed in the office of the
commission for the information of the governor and the general
assembly.
Sec. 4909.06. The investigation and report required by
section 4909.05 of the Revised Code shall show, when the public
utilities commission deems it necessary, the amounts, dates, and
rates of interest of all bonds outstanding against each public
utility or railroad, the property upon which such bonds are a
lien, the amounts paid for them, and, the original capital stock
and the moneys received by any such public utility or railroad
by reason of any issue of stock, bonds, or other securities.
Such report shall also show the net and gross receipts of such
public utility or railroad and the method by which moneys were
expended or paid out and the purpose of such payments. The
commission may prescribe the procedure to be followed in making
the investigation and valuation, the form in which the results
of the ascertainment of the value of each public utility or
railroad shall be submitted, and the classifications of the
elements that constitute the ascertained value. Such
investigation shall also show the value of the property of every
public utility or railroad as a whole, and if such property is
in more than one county, the value of its property in each of
such counties.
"Valuation" and "value," as used in this section, may
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include, with respect to a natural gas, water-works, or sewage
disposal system company, projected valuation and value as of the
date certain, if applicable because of a future date or dates
certain under section 4909.15 of the Revised Code.
Sec. 4909.07. The public utilities commission, during the
making of the valuation provided for in sections 4909.04 to
4909.13 of the Revised Code, and after its completion, shall in
like manner keep itself informed through its engineers, experts,
and other assistants of all extensions, improvements, or other
changes in the condition and value of the property of all public
utilities or railroads and shall ascertain the value of such
extensions, improvements, and changes. The commission shall, as
is required for the proper regulation of such public utilities
or railroads, revise and correct its valuations of property,
showing such revisions and corrections as a whole and as to each
county. Such revisions and corrections shall be filed in the
same manner as original reports.
"Valuation" and "value," as used in this section, may
include, with respect to a natural gas, water-works, or sewage
disposal system company, projected valuation and value as of the
date certain, if applicable because of a future date or dates
certain under section 4909.15 of the Revised Code.
Sec. 4909.08. When the public utilities commission has
completed the valuation of the property of any public utility or
railroad and before such valuation becomes final, it shall give
notice by registered letter to such public utility or railroad,
and if a substantial portion of said public utility or railroad
is situated in a municipal corporation, then to the mayor of
such municipal corporation, stating the valuations placed upon
the several kinds and classes of property of such public utility
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or railroad and upon the property as a whole and give such
further notice by publication or otherwise as it shall deem
necessary to apprise the public of such valuation. If, within
thirty days after such notification, no protest has been filed
with the commission, such valuation becomes final. If notice of
protest has been filed by any public utility or railroad, the
commission shall fix a time for hearing such protest and shall
consider at such hearing any matter material thereto presented
by such public utility, railroad, or municipal corporation, in
support of its protest or by any representative of the public
against such protest. If, after the hearing of any protest of
any valuation so fixed, the commission is of the opinion that
its inventory is incomplete or inaccurate or that its valuation
is incorrect, it shall make such changes as are necessary and
shall issue an order making such corrected valuations final. A
final valuation by the commission and all classifications made
for the ascertainment of such valuations shall be public and are
prima-facie evidence relative to the value of the property.
"Valuation" and "value," as used in this section, may
include, with respect to a natural gas, water-works, or sewage
disposal system company, projected valuation and value as of the
date certain, if applicable because of a future date or dates
certain under section 4909.15 of the Revised Code.
Sec. 4909.15. (A) The public utilities commission, when
fixing and determining just and reasonable rates, fares, tolls,
rentals, and charges, shall determine:
(1) The valuation as of the date certain of the property
of the public utility used and useful or, with respect to a
natural gas, water-works, or sewage disposal system company,
projected to be used and useful as of the date certain or, as
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provided for in division (E) of this section, as of the dates
certain, in rendering the public utility service for which rates
are to be fixed and determined. The valuation so determined
shall be the total value as set forth in division (C)(9) of
section 4909.05 of the Revised Code, and a reasonable allowance
for materials and supplies and cash working capital as
determined by the commission.
The commission, in its discretion, may include in the
valuation a reasonable allowance for construction work in
progress but, in no event, may such an allowance be made by the
commission until it has determined that the particular
construction project is at least seventy-five per cent complete.
In determining the percentage completion of a particular
construction project, the commission shall consider, among other
relevant criteria, the per cent of time elapsed in construction;
the per cent of construction funds, excluding allowance for
funds used during construction, expended, or obligated to such
construction funds budgeted where all such funds are adjusted to
reflect current purchasing power; and any physical inspection
performed by or on behalf of any party, including the
commission's staff.
A reasonable allowance for construction work in progress
shall not exceed ten per cent of the total valuation as stated
in this division, not including such allowance for construction
work in progress.
Where the commission permits an allowance for construction
work in progress, the dollar value of the project or portion
thereof included in the valuation as construction work in
progress shall not be included in the valuation as plant in
service until such time as the total revenue effect of the
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construction work in progress allowance is offset by the total
revenue effect of the plant in service exclusion. Carrying
charges calculated in a manner similar to allowance for funds
used during construction shall accrue on that portion of the
project in service but not reflected in rates as plant in
service, and such accrued carrying charges shall be included in
the valuation of the property at the conclusion of the offset
period for purposes of division (C)(9) of section 4909.05 of the
Revised Code.
From and after April 10, 1985, no allowance for
construction work in progress as it relates to a particular
construction project shall be reflected in rates for a period
exceeding forty-eight consecutive months commencing on the date
the initial rates reflecting such allowance become effective,
except as otherwise provided in this division.
The applicable maximum period in rates for an allowance
for construction work in progress as it relates to a particular
construction project shall be tolled if, and to the extent, a
delay in the in-service date of the project is caused by the
action or inaction of any federal, state, county, or municipal
agency having jurisdiction, where such action or inaction
relates to a change in a rule, standard, or approval of such
agency, and where such action or inaction is not the result of
the failure of the utility to reasonably endeavor to comply with
any rule, standard, or approval prior to such change.
In the event that such period expires before the project
goes into service, the commission shall exclude, from the date
of expiration, the allowance for the project as construction
work in progress from rates, except that the commission may
extend the expiration date up to twelve months for good cause
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shown.
In the event that a utility has permanently canceled,
abandoned, or terminated construction of a project for which it
was previously permitted a construction work in progress
allowance, the commission immediately shall exclude the
allowance for the project from the valuation.
In the event that a construction work in progress project
previously included in the valuation is removed from the
valuation pursuant to this division, any revenues collected by
the utility from its customers after April 10, 1985, that
resulted from such prior inclusion shall be offset against
future revenues over the same period of time as the project was
included in the valuation as construction work in progress. The
total revenue effect of such offset shall not exceed the total
revenues previously collected.
In no event shall the total revenue effect of any offset
or offsets provided under division (A)(1) of this section exceed
the total revenue effect of any construction work in progress
allowance.
(2) A fair and reasonable rate of return to the utility on
the valuation as determined in division (A)(1) of this section
and based on the capital structure of the public utility as of
the date certain or, as provided for in division (E) of this
section, as of the dates certain ;
(3) The dollar annual return to which the utility is
entitled by applying the fair and reasonable rate of return as
determined under division (A)(2) of this section to the
valuation of the utility determined under division (A)(1) of
this section;
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(4) The cost to the utility of rendering the public
utility service for the test period used for the determination
under division (C)(1) of this section , less the total of any
interest on cash or credit refunds paid, pursuant to section
4909.42 of the Revised Code, by the utility during the test
period.
(a) Federal, state, and local taxes imposed on or measured
by net income may, in the discretion of the commission, be
computed by the normalization method of accounting, provided the
utility maintains accounting reserves that reflect differences
between taxes actually payable and taxes on a normalized basis,
provided that no determination as to the treatment in the rate-
making process of such taxes shall be made that will result in
loss of any tax depreciation or other tax benefit to which the
utility would otherwise be entitled, and further provided that
such tax benefit as redounds to the utility as a result of such
a computation may not be retained by the company, used to fund
any dividend or distribution, or utilized for any purpose other
than the defrayal of the operating expenses of the utility and
the defrayal of the expenses of the utility in connection with
construction work.
(b) The amount of any tax credits granted to an electric
light company under section 5727.391 of the Revised Code for
Ohio coal burned prior to January 1, 2000, shall not be retained
by the company, used to fund any dividend or distribution, or
utilized for any purposes other than the defrayal of the
allowable operating expenses of the company and the defrayal of
the allowable expenses of the company in connection with the
installation, acquisition, construction, or use of a compliance
facility. The amount of the tax credits granted to an electric
light company under that section for Ohio coal burned prior to
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January 1, 2000, shall be returned to its customers within three
years after initially claiming the credit through an offset to
the company's rates or fuel component, as determined by the
commission, as set forth in schedules filed by the company under
section 4905.30 of the Revised Code. As used in division (A)(4)
(b) of this section, "compliance facility" has the same meaning
as in section 5727.391 of the Revised Code.
(B) The commission shall compute the gross annual revenues
to which the utility is entitled by adding the dollar amount of
return under division (A)(3) of this section to the cost, for
the test period used for the determination under division (C)(1)
of this section, of rendering the public utility service under
division (A)(4) of this section.
(C)(1) Except as provided in division divisions (D) and
(E) of this section, the revenues and expenses of the utility
shall be determined during a test period. The Unless another
period is permitted under division (E) of this section, the
utility may propose a test period for this determination that is
any twelve-month period beginning not more than six months prior
to the date the application is filed and ending not more than
nine months subsequent to that date. The test period for
determining revenues and expenses of the utility shall be the
test period proposed by the utility, unless otherwise ordered by
the commission determines that the proposed test period does not
comply with the requirements of divisions (C) to (E) of this
section.
(2) The Except as provided for in division (E) of this
section, the date certain shall be not later than the date of
filing, except that it shall be, for a natural gas, water-works,
or sewage disposal system company, not later than the end of the
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test period.
(D) A natural gas, water-works, or sewage disposal system
company may propose adjustments to the revenues and expenses to
be determined under division (C)(1) of this section for any
changes that are, during the test period or the twelve-month
period immediately following the test period, reasonably
expected to occur. The natural gas, water-works, or sewage
disposal system company shall identify and quantify,
individually, any proposed adjustments. The commission shall
incorporate the proposed adjustments into the determination if
the adjustments are just and reasonable.
(E) A natural gas company may propose, and the commission
shall approve, a test period that is any twelve-month period
beginning not earlier than twelve months prior to the date the
application was filed and ending not later than twenty-four
months from the date the application was filed. The commission
shall review the reasonableness of any partially or fully
forecasted test period.
(1) If the natural gas company proposes a test period that
is not greater than twelve months from the filing date of the
application, then the natural gas company may propose, and the
commission shall approve, two dates certain as follows:
(a) The first date certain shall be during the test
period, but not later than three months before the three hundred
sixty-fifth day after the application is filed.
(b) The second date certain shall be not later than the
end of the test period.
(2) If the company proposes a test period that is between
twelve and twenty-four months from the filing date of the
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application, then the company may propose, and the commission
shall approve, three dates certain as follows:
(a) The first date certain shall be not later than three
months before the three hundred sixty-fifth day after the
application is filed.
(b) The second date certain shall be during the test
period.
(c) The third date certain shall be not later than the end
of the test period.
(F) If a natural gas company proposes a fully projected or
partially projected test period, the company may place rates
into effect with a final order from the commission made pursuant
to section 4909.42 of the Revised Code. The company shall have
the right to place the rates into effect with the first customer
bills rendered after each commission order issued pursuant to
division (E) of this section.
(G)(1) If a natural gas company proposes a test period as
described in division (E)(1) of this section, then the company
shall adjust its base rates to reflect the plant-in-service in
accordance with the dates certain as follows:
(a) The first date certain shall be reflected in the rates
put into effect in accordance with an order from the commission
before the expiration of the three hundred sixty-fifth day after
filing the application.
(b) With the second date certain base rate adjustment, the
company shall have up to sixty days from the second date certain
to file schedules reflecting the actual plant-in-service and
actual capital structure of the natural gas company as of the
second date certain. All other components to the setting of
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rates, including the return on equity percentage set with the
commission order reflecting the first date certain, shall remain
unchanged with the second base rate adjustment.
(2) The commission shall have sixty days to review the
filed schedules of incremental plant placed-in-service after the
first date certain through the second date certain and to issue
a final order determining the adjusted base rates reflecting the
plant-in-service as of the second date certain.
(H)(1) If a natural gas company proposes a test period
that is between twelve and twenty-four months from the filing
date of the application, then the natural gas company shall
adjust its base rates to reflect the plant-in-service in
accordance with the dates certain as follows:
(a) The first and second dates certain shall be reflected
in the same manner described in division (G)(1) of this section.
(b) With the third date certain base rate adjustment, the
natural gas company shall have up to sixty days from the third
date certain to file schedules reflecting the actual plant-in-
service and actual capital structure of the natural gas company
as of the third date certain. All other components to the
setting of rates, including the return on equity percentage set
with the commission order reflecting the first date certain,
shall remain unchanged with the third base rate adjustment.
(2) The commission shall have sixty days to review the
filed schedules of incremental plant placed-in-service after the
second date certain through the third date certain and to issue
a final order determining the adjusted base rates reflecting the
plant-in-service as of the third date certain.
(I) If a natural gas company proposes a fully projected
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test period, then the provisions of section 4909.191 of the
Revised Code do not apply to that proceeding.
(J) The commission shall approve any motion, application,
or request to waive any of its rules, if the rules do not
conform with the legislative requirements of Chapter 4909. of
the Revised Code. The commission also is exempt from section
121.95 of the Revised Code to adopt rules under divisions (E) to
(J) of this section.
(K) When the commission is of the opinion, after hearing
and after making the determinations under divisions (A) and (B)
of this section, that any rate, fare, charge, toll, rental,
schedule, classification, or service, or any joint rate, fare,
charge, toll, rental, schedule, classification, or service
rendered, charged, demanded, exacted, or proposed to be
rendered, charged, demanded, or exacted, is, or will be, unjust,
unreasonable, unjustly discriminatory, unjustly preferential, or
in violation of law, that the service is, or will be,
inadequate, or that the maximum rates, charges, tolls, or
rentals chargeable by any such public utility are insufficient
to yield reasonable compensation for the service rendered, and
are unjust and unreasonable, the commission shall:
(1) With due regard among other things to the value of all
property of the public utility actually used and useful for the
convenience of the public as determined under division (A)(1) of
this section, excluding from such value the value of any
franchise or right to own, operate, or enjoy the same in excess
of the amount, exclusive of any tax or annual charge, actually
paid to any political subdivision of the state or county, as the
consideration for the grant of such franchise or right, and
excluding any value added to such property by reason of a
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monopoly or merger, with due regard in determining the dollar
annual return under division (A)(3) of this section to the
necessity of making reservation out of the income for surplus,
depreciation, and contingencies, and;
(2) With due regard to all such other matters as are
proper, according to the facts in each case,
(a) Including a fair and reasonable rate of return
determined by the commission , in accordance with division (A)(2)
of this section, with reference to a cost of debt equal to the
actual embedded cost of debt of such public utility,
(b) But not including the portion of any periodic rental
or use payments representing that cost of property that is
included in the valuation report under divisions (C)(4) and (5)
of section 4909.05 of the Revised Code, fix and determine the
just and reasonable rate, fare, charge, toll, rental, or service
to be rendered, charged, demanded, exacted, or collected for the
performance or rendition of the service that will provide the
public utility the allowable gross annual revenues under
division (B) of this section, and order such just and reasonable
rate, fare, charge, toll, rental, or service to be substituted
for the existing one. After such determination and order no
change in the rate, fare, toll, charge, rental, schedule,
classification, or service shall be made, rendered, charged,
demanded, exacted, or changed by such public utility without the
order of the commission, and any other rate, fare, toll, charge,
rental, classification, or service is prohibited.
(F)(L) Upon application of any person or any public
utility, and after notice to the parties in interest and
opportunity to be heard as provided in Chapters 4901., 4903.,
4905., 4907., 4909., 4921., and 4923. of the Revised Code for
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other hearings, has been given, the commission may rescind,
alter, or amend an order fixing any rate, fare, toll, charge,
rental, classification, or service, or any other order made by
the commission. Certified copies of such orders shall be served
and take effect as provided for original orders.
Sec. 4909.155. In fixing the just, reasonable, and
compensatory rates, joint rates, tolls, classifications,
charges, or rentals to be observed and charged for service by
any public utility, the public utilities commission may require
the utility to file a report showing:
(A) The amounts, date of issuance, due date, terms, and
rates of interest of all bonds and debentures outstanding
against such utility;
(B) The face value of any outstanding preferred stock and
the stated value of all outstanding common stock issued by such
utility;
(C) The total amount of money received by such utility
from the issue of debt and equity securities that are
outstanding as of a date certain or, as provided for in division
(E) of section 4909.15 of the Revised Code, as of the dates
certain to be chosen by the commission.
Sec. 4909.156. In fixing the just, reasonable, and
compensatory rates, joint rates, tolls, classifications,
charges, or rentals to be observed and charged for service by
any public utility, the public utilities commission shall, in
action upon an application filed pursuant to section 4909.18 of
the Revised Code, require a public utility to file a report
showing the proportionate amounts of the valuation of the
property of the utility, as determined under section 4909.05 of
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the Revised Code, and the proportionate amounts of the revenues
and expenses of the utility that are proposed to be considered
as attributable to the service area involved in the application.
"Valuation," as used in this section, may include, with
respect to a natural gas, water-works, or sewage disposal system
company, projected valuation as of the date certain, if
applicable because of a future date or dates certain under
section 4909.15 of the Revised Code.
Sec. 4909.18. Any public utility desiring to establish any
rate, joint rate, toll, classification, charge, or rental, or to
modify, amend, change, increase, or reduce any existing rate,
joint rate, toll, classification, charge, or rental, or any
regulation or practice affecting the same, shall file a written
application with the public utilities commission. Except for
actions under section 4909.16 of the Revised Code, no public
utility may issue the notice of intent to file an application
pursuant to division (B) of section 4909.43 of the Revised Code
to increase any existing rate, joint rate, toll, classification,
charge, or rental, until a final order under this section has
been issued by the commission on any pending prior application
to increase the same rate, joint rate, toll, classification,
charge, or rental or until two hundred seventy-five days after
filing such application, whichever is sooner. Such application
shall be verified by the president or a vice-president and the
secretary or treasurer of the applicant. Such application shall
contain a schedule of the existing rate, joint rate, toll,
classification, charge, or rental, or regulation or practice
affecting the same, a schedule of the modification amendment,
change, increase, or reduction sought to be established, and a
statement of the facts and grounds upon which such application
is based. If such application proposes a new service or the use
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of new equipment, or proposes the establishment or amendment of
a regulation, the application shall fully describe the new
service or equipment, or the regulation proposed to be
established or amended, and shall explain how the proposed
service or equipment differs from services or equipment
presently offered or in use, or how the regulation proposed to
be established or amended differs from regulations presently in
effect. The application shall provide such additional
information as the commission may require in its discretion. If
the commission determines that such application is not for an
increase in any rate, joint rate, toll, classification, charge,
or rental, the commission may permit the filing of the schedule
proposed in the application and fix the time when such schedule
shall take effect. If it appears to the commission that the
proposals in the application may be unjust or unreasonable, the
commission shall set the matter for hearing and shall give
notice of such hearing by sending written notice of the date set
for the hearing to the public utility and publishing notice of
the hearing one time in a newspaper of general circulation in
each county in the service area affected by the application. At
such hearing, the burden of proof to show that the proposals in
the application are just and reasonable shall be upon the public
utility. After such hearing, the commission shall, where
practicable, issue an appropriate order within six months from
the date the application was filed.
If the commission determines that said application is for
an increase in any rate, joint rate, toll, classification,
charge, or rental there shall also, unless otherwise ordered by
the commission, be filed with the application in duplicate the
following exhibits:
(A) A report of its property used and useful, or, with
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respect to a natural gas, water-works, or sewage disposal system
company, projected to be used and useful as of the date certain
or, as provided for in division (E) of section 4909.15 of the
Revised Code, as of the dates certain , in rendering the service
referred to in such application, as provided in section 4909.05
of the Revised Code;
(B) A complete operating statement of its last fiscal
year, showing in detail all its receipts, revenues, and incomes
from all sources, all of its operating costs and other
expenditures, and any analysis such public utility deems
applicable to the matter referred to in said application;
(C) A statement of the income and expense anticipated
under the application filed;
(D) A statement of financial condition summarizing assets,
liabilities, and net worth;
(E) Such other information as the commission may require
in its discretion.
Sec. 4909.191. (A) If the public utilities commission,
under division (D) of section 4909.15 of the Revised Code,
incorporated proposed adjustments to revenues and expenses into
the commission's determination under that section, the natural
gas, water-works, or sewage disposal system company shall, not
later than ninety days after actual data for all of the
incorporated adjustments becomes known, submit to the commission
proposed rate or charge adjustments that provide for the
recalculation of rates or charges, reflective of customer-class
responsibility, corresponding to the differences, if any,
between the incorporated adjustments to revenues and expenses
and the actual revenues and expenses associated with the
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incorporated adjustments.
(B) If the commission incorporated projected value or
valuation of property into the commission's determination under
division (A)(1) of section 4909.15 of the Revised Code, the
natural gas, water-works, or sewage disposal system company
shall, not later than ninety days after data for the actual
value or valuation as of the date certain or, as provided for in
division (E) of section 4909.15 of the Revised Code, as of the
dates certain becomes known, submit to the commission proposed
rate or charge adjustments that provide for the recalculation of
rates or charges, reflective of customer-class responsibility,
corresponding to the differences, if any, between the projected
value or valuation incorporated into the commission's
determination and the actual value or valuation as of the date
certain or, as provided for in division (E) of section 4909.15
of the Revised Code, as of the dates certain .
(C) The commission shall review the proposed rate or
charge adjustments submitted under divisions (A) and (B) of this
section. The review shall not include a hearing unless the
commission finds that the proposed rate or charge adjustments
may be unreasonable, in which case the commission may, in its
discretion, schedule the matter for a hearing.
(D) The commission shall issue, not later than one hundred
fifty days after the date that any proposed rate or charge
adjustments are submitted under division (A) or (B) of this
section, a final order on the proposed rate or charge
adjustments. Any rate or charge adjustments authorized under
this division shall be limited to amounts that are not greater
than those consistent with the proposed adjustments to revenues
and expenses that were incorporated into the commission's
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determination under division (D) of section 4909.15 of the
Revised Code, and not greater than those consistent with the
incorporated projected value or valuation. In no event shall
rate or charge adjustments authorized under this division be
upward.
After the commission has issued such a final order, the
natural gas, water-works, or sewage disposal system company, if
applicable, shall submit to the commission proposed
reconciliation adjustments that refund to customers the
difference between the actual revenues collected by the natural
gas, water-works, or sewage disposal system company, under the
rates and charges determined by the commission under section
4909.15 of the Revised Code, and the rates or charges
recalculated under the adjustments authorized under this
division. The reconciliation adjustments shall be effective for
a twelve-month period.
(E) The reconciliation adjustments ordered under division
(D) of this section may be subject to a final reconciliation by
the commission. Any such final reconciliation shall occur after
the twelve-month period described in division (D) of this
section.
Sec. 4909.42. If the proceeding on an application filed
with the public utilities commission under section 4909.18 of
the Revised Code by any public utility requesting an increase on
any rate, joint rate, toll, classification, charge, or rental or
requesting a change in a regulation or practice affecting the
same has not been concluded and an order entered pursuant to
section 4909.19 of the Revised Code at the expiration of two
hundred seventy-five days from the date of filing the
application, an increase not to exceed the proposed increase
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shall go into effect upon the filing of a bond or a letter of
credit by the public utility. The bond or letter of credit shall
be filed with the commission and shall be payable to the state
for the use and benefit of the customers affected by the
proposed increase or change.
An affidavit attached to the bond or letter of credit must
be signed by two of the officers of the utility, under oath, and
must contain a promise on behalf of the utility to refund any
amounts collected by the utility over the rate, joint rate,
toll, classification, charge, or rental, as determined in the
final order of the commission. All refunds shall include
interest at the rate stated in section 1343.03 of the Revised
Code. The refund shall be in the form of a temporary reduction
in rates following the final order of the commission, and shall
be accomplished in such manner as shall be prescribed by the
commission in its final order. The commission shall exercise
continuing and exclusive jurisdiction over such refunds.
(A) If the public utilities commission has not entered a
final order within five three hundred forty-five sixty-five days
from the date of the filing of an application for an increase in
rates under section 4909.18 of the Revised Code, a public
utility shall place the rates into effect with the first
customer bills rendered after the three hundred sixty-fifth day
and the public utility shall have no obligation to make a refund
of amounts collected after the five hundred forty-fifth day
which exceed the amounts authorized by the commission's final
order, and the public utility's application is deemed approved
as a matter of law.
(B) Nothing in this section shall be construed to
mitigate:
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(1) Mitigate any duty of the commission to issue a final
order under section 4909.19 of the Revised Code ;
(2) Limit a natural gas company from adjusting its rates
pursuant to divisions (G) and (H) of section 4909.15 of the
Revised Code.
Sec. 4928.18. (A) Notwithstanding division (E)(2)(a)(K)(2)
(a) of section 4909.15 of the Revised Code, nothing in this
chapter prevents the public utilities commission from exercising
its authority under Title XLIX of the Revised Code to protect
customers of retail electric service supplied by an electric
utility from any adverse effect of the utility's provision of a
product or service other than retail electric service.
(B) The commission has jurisdiction under section 4905.26
of the Revised Code, upon complaint of any person or upon
complaint or initiative of the commission on or after the
starting date of competitive retail electric service, to
determine whether an electric utility or its affiliate has
violated any provision of section 4928.17 of the Revised Code or
an order issued or rule adopted under that section. For this
purpose, the commission may examine such books, accounts, or
other records kept by an electric utility or its affiliate as
may relate to the businesses for which corporate separation is
required under section 4928.17 of the Revised Code, and may
investigate such utility or affiliate operations as may relate
to those businesses and investigate the interrelationship of
those operations. Any such examination or investigation by the
commission shall be governed by Chapter 4903. of the Revised
Code.
(C) In addition to any remedies otherwise provided by law,
the commission, regarding a determination of a violation
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pursuant to division (B) of this section, may do any of the
following:
(1) Issue an order directing the utility or affiliate to
comply;
(2) Modify an order as the commission finds reasonable and
appropriate and order the utility or affiliate to comply with
the modified order;
(3) Suspend or abrogate an order, in whole or in part;
(4) Issue an order that the utility or affiliate pay
restitution to any person injured by the violation or failure to
comply;.
(D) In addition to any remedies otherwise provided by law,
the commission, regarding a determination of a violation
pursuant to division (B) of this section and commensurate with
the severity of the violation, the source of the violation, any
pattern of violations, or any monetary damages caused by the
violation, may do either of the following:
(1) Impose a forfeiture on the utility or affiliate of up
to twenty-five thousand dollars per day per violation. The
recovery and deposit of any such forfeiture shall be subject to
sections 4905.57 and 4905.59 of the Revised Code.
(2) Regarding a violation by an electric utility relating
to a corporate separation plan involving competitive retail
electric service, suspend or abrogate all or part of an order,
to the extent it is in effect, authorizing an opportunity for
the utility to receive transition revenues under a transition
plan approved by the commission under section 4928.33 of the
Revised Code.
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Corporate separation under this section does not prohibit
the common use of employee benefit plans, facilities, equipment,
or employees, subject to proper accounting and the code of
conduct ordered by the commission as provided in division (A)(1)
of this section.
(E) Section 4905.61 of the Revised Code applies in the
case of any violation of section 4928.17 of the Revised Code or
of any rule adopted or order issued under that section.
Sec. 4929.041. (A) As used in this section, "regulatory
exemption" means an exemption from all provisions of Chapter
4905. of the Revised Code with the exception of sections
4905.10, 4905.35, and 4905.90 to 4905.96 of the Revised Code,
Chapters 4909., 4933., and 4935. of the Revised Code, with the
exception of section 4935.03 of the Revised Code, and from any
rule or order issued under the exempted provisions of those
chapters.
(B) The public utilities commission, upon an application
filed under section 4909.18 of the Revised Code by a natural gas
company in substantial compliance with the policy specified in
section 4929.02 of the Revised Code, shall grant a regulatory
exemption, by order, for either or both of the following:
(1) Any investments in storage or gathering facilities
placed into service on or after January 1, 2010, and also any
service of the natural gas company related to those facilities;
(2) Any investments in gathering facilities placed into
service before January 1, 2010, and also any service of the
natural gas company related to those facilities.
(C)(1) A natural gas company requesting a regulatory
exemption under division (B)(2) of this section shall identify
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in the application both of the following:
(a) The valuation of the investments to be exempted, as
determined under division (A)(1) of section 4909.15 of the
Revised Code, in the rate case proceeding that established the
company's rates in effect at the time of the filing of the
application requesting the regulatory exemption;
(b) The valuation of all nonexempt investments placed into
service after the date certain or, as provided for in division
(E) of section 4909.15 of the Revised Code, after the dates
certain used in the rate case proceeding described in division
(C)(1)(a) of this section, excluding investments for which
deferral or recovery is authorized under section 4909.18,
4929.05, or 4929.111 of the Revised Code.
(2) The commission shall compare the valuations identified
in divisions (C)(1)(a) and (b) of this section.
(a) If the valuation identified in division (C)(1)(a) of
this section exceeds the valuation identified in division (C)(1)
(b) of this section, the commission shall, in addition to the
adjustments needed to implement the regulatory exemption, reduce
the gross annual revenues to which the utility is entitled under
division (B) of section 4909.15 of the Revised Code by applying
the rate of return, as determined under division (A)(2) of
section 4909.15 of the Revised Code in the rate case proceeding
in which the regulatory exemption is being sought, to the
difference in the two valuations.
(b) If the valuation identified in division (C)(1)(a) of
this section does not exceed the valuation identified in
division (C)(1)(b) of this section, the commission shall make no
adjustments beyond those needed to implement the regulatory
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As Introduced
exemption.
(3) If the company, after a regulatory exemption has been
granted under division (B)(2) of this section, subsequently
places into service investments that perform the function that
had been provided by the exempt investments prior to the
granting of the regulatory exemption, the company shall not be
authorized to recover revenues related to the investments placed
into service greater than those consistent with the value of the
exempt assets as would be determined under division (A)(1) of
section 4909.15 of the Revised Code in the company's next rate
case.
(D)(1) Subject to division (E) of this section, a natural
gas company subject to a regulatory exemption shall, to the
maximum extent practicable, keep separate the company's
operations, resources, and employees, and the associated books
and records, involved in the provision or marketing of a
company-provided service related to an investment exempted under
the regulatory exemption from the operations, resources, and
employees, and the associated books and records, involved in the
provision or marketing of any company-provided service not
exempted under the regulatory exemption or any other section of
the Revised Code.
(2) An order granting regulatory exemption shall prescribe
a functional separation plan for compliance with division (D)(1)
of this section.
(E)(1) No natural gas company subject to a regulatory
exemption may use the company's storage or gathering facilities
associated with the regulatory exemption to provide a commodity
sales service that is unregulated or subject to an exemption
order issued under section 4929.04 of the Revised Code.
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(2) Upon application to the commission by a natural gas
company and upon a finding of good cause shown, the commission
may, by order, waive the prohibition described in division (E)
(1) of this section. The natural gas company shall bear the
burden of proof that the waiver is just and reasonable, which
shall constitute good cause.
(F) The commission shall have continuous jurisdiction to
enforce any terms that it imposes in a regulatory exemption.
Whenever the commission is of the opinion, after hearing had
upon complaint or upon its own initiative or complaint, served
as provided in section 4905.26 of the Revised Code, that a
regulatory exemption has adversely affected the quality,
adequacy, or sufficiency of service provided by the company
subject to the regulatory exemption, the commission may alter,
amend, or suspend the regulatory exemption.
Sec. 4929.052. (A) For any alternative rate plan involving
the recovery of specified costs and capital expenditures, a
natural gas company may propose, and the commission shall
approve, the use of a fully projected or partially projected
test period for the annual rider rate adjustment applications.
The fully or partially projected test period may be up to two
years from the date of the annual rider rate adjustment
application. If the natural gas company proposes a fully or
partially projected test period for an annual rider rate
adjustment proceeding, the natural gas company shall true up
that forecasted test period to reflect its actual expenditures
in the subsequent annual rider rate adjustment proceeding.
(B) In lieu of a fully or partially projected test period,
a natural gas company may propose, and the commission shall
approve, a revenue requirement that includes construction work
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As Introduced
in progress.
Sec. 4929.053. (A) An alternative rate plan that proposes
to recover any reasonable costs or expenditures to comply with
federal or state statutes, rules, regulations, requirements, or
mandates, including, but not limited to, costs that have been
incurred or will be required to be incurred due to an existing
or reasonably anticipated rule, policy, or other mandate by the
pipeline hazardous materials safety administration, the
department of transportation, the federal energy regulatory
commission, the environmental protection agency, or any other
federal or state agency or authority, shall be approved by the
public utilities commission. A natural gas company that proposes
an alternative rate plan pursuant to this section may propose an
initial rider rate of zero dollars, and such application shall
not be considered an application for an increase in rates.
(B) In any proceeding in which a natural gas company seeks
to approve an alternative rate plan or to adjust any rider
amount pursuant to an alternative rate plan approved under
division (A) of this section, the commission shall not limit the
rider recovery of any reasonable costs or capital expenditures,
which have been incurred or will be required to be incurred, to
comply with federal or state statutes, rules, regulations,
requirements, or mandates.
(C) If, in any such proceeding, the commission does not
issue an order within three hundred sixty-five days from the
date of the natural gas company's filing, the company's
application is deemed approved by operation of law and shall not
be subject to rehearing or appeal.
Sec. 4929.054. (A) As used in sections 4929.054 to
4929.058 of the Revised Code, "large load customer" means a
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943 H. B. No. 142 Page 33
As Introduced
customer that a natural gas company projected or anticipated to
consume, or actually consumed, in a prior, current, or future
twelve-month period, more than one million two hundred thousand
Mcf of natural gas.
(B) A natural gas company that has applied for, or already
has approved for, an infrastructure development rider pursuant
to section 4929.161 of the Revised Code may file an application
to the public utilities commission for an alternative rate plan
to serve large load customers.
(C) An alternative rate plan established under division
(B) of this section must support commercial agreements entered
into between the natural gas company and a large load customer.
Sec. 4929.055. An alternative rate plan proposed by a
natural gas company pursuant to section 4929.054 of the Revised
Code shall be approved by the public utilities commission if the
natural gas company meets its burden of proof in a proceeding
before the commission that the alternative rate plan does the
following:
(A) Protects the company's non-large load customers from
financial risk associated with initial infrastructure costs
under any commercial agreement entered into under that plan to
serve the large load customers;
(B) Provides any commercial agreement entered into under
the plan shall require a credit to the annual infrastructure
development rider rate charged by the natural gas company
pursuant to section 4929.162 of the Revised Code, which will be
the cost, as determined by the natural gas company, of the large
load customer's use of the natural gas company infrastructure in
service at the time the commercial agreement is executed;
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972 H. B. No. 142 Page 34
As Introduced
(C) Supports economic development in the state by serving
the large load customer, which is proven by a letter of support
by an economic development entity, as defined in division (C)(4)
of section 4929.163 of the Revised Code.
Sec. 4929.056. Any payment received from a large load
customer pursuant to a commercial agreement under an alternative
rate plan approved under section 4929.055 of the Revised Code
shall not be considered revenue in any proceeding held pursuant
to Chapter 4909. of the Revised Code.
Sec. 4929.057. An alternative rate plan application filed
pursuant to section 4929.054 of the Revised Code shall not be
considered an application for an increase in rates.
Sec. 4929.058. (A) A natural gas company shall file a
commercial agreement with a large load customer entered into
pursuant to a proposed or approved alternative rate plan under
sections 4929.054 and 4929.055 of the Revised Code with the
public utilities commission.
(B) A commercial agreement described in division (A) of
this section shall be deemed automatically approved unless the
commission determines within forty-five days from the date of
the filing that the commercial agreement is inconsistent with
the requirements of section 4929.055 of the Revised Code.
(C) A natural gas company may propose, and the public
utilities commission shall approve, without modification, the
following set forth in a commercial agreement:
(1) Any negotiated terms that differ from the rates or
terms of service approved in the company's most recent rate case
proceeding under section 4909.18 of the Revised Code;
(2) Recovery of construction work in progress for any
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1001 H. B. No. 142 Page 35
As Introduced
amounts incurred to serve the large load customers.
Sec. 4929.059. If the public utilities commission does not
issue an order within ninety days from the date a natural gas
company files an alternative rate plan application pursuant to
section 4929.054 of the Revised Code, the company's proposed
alternative rate plan shall be deemed approved by operation of
law.
Sec. 4929.0510. If the public utility commission modifies
either the alternative rate plan as proposed by a natural gas
company pursuant to section 4929.054 of the Revised Code or any
settlement agreement between the company and any party to the
alternative rate plan, then the company may withdraw the
alternative rate plan and terminate it.
Section 2. That existing sections 4909.05, 4909.06,
4909.07, 4909.08, 4909.15, 4909.155, 4909.156, 4909.18,
4909.191, 4909.42, 4928.18, and 4929.041 of the Revised Code are
hereby repealed.
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