Ohio Revised Code Chapter 4905 - Public Utilities Commission - General Powers

• Section 4905.01 - Definitions.
  As used in this chapter: (A) "Railroad" has the same meaning as in section 4907.02 of the Revised Code. (B) "Motor carrier" has the...
• Section 4905.02 - Public Utility Defined.
  (A) As used in this chapter, "public utility" includes every corporation, company, copartnership, person, or association, the lessees, trustees, or receivers of the foregoing,...
• Section 4905.03 - Public Utility Company Definitions.
  As used in this chapter , any person, firm, copartnership, voluntary association, joint-stock association, company, or corporation, wherever organized or incorporated, is: (A) A...
• Section 4905.04 - Power To Regulate Public Utilities And Railroads.
  The public utilities commission is hereby vested with the power and jurisdiction to supervise and regulate public utilities and railroads, to require all public...
• Section 4905.041 - Exclusive Jurisdiction Of Commission.
  (A) The public utilities commission has exclusive jurisdiction to enforce, in accordance with Chapter 4913. of the Revised Code, section 153.64, divisions (A) and...
• Section 4905.042 - Commission Jurisdiction Over Advanced Or Internet Protocol-enabled Services.
  Regarding advanced services or internet protocol-enabled service as defined by federal law, including federal regulations, the public utilities commission shall not exercise any jurisdiction...
• Section 4905.05 - Scope Of Jurisdiction.
  The jurisdiction, supervision, powers, and duties of the public utilities commission extend to every public utility and railroad, the plant or property of which...
• Section 4905.06 - General Supervision.
  The public utilities commission has general supervision over all public utilities within its jurisdiction as defined in section 4905.05 of the Revised Code, and...
• Section 4905.07 - Information And Records To Be Public.
  Except as provided in section 149.43 of the Revised Code and as consistent with the purposes of Title XLIX [49] of the Revised Code,...
• Section 4905.08 - [Repealed].
  Effective Date: 10-02-1953
• Section 4905.09 - Substantial Compliance.
  A substantial compliance by the public utilities commission with the requirements of Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4927. of the...
• Section 4905.10 - Assessment For Expenses.
  (A) For the sole purpose of maintaining and administering the public utilities commission and exercising its supervision and jurisdiction over the railroads and public...
• Section 4905.11 - [Repealed].
  Effective Date: 10-13-1953
• Section 4905.12 - Forfeiture.
  A railroad company that violates section 4905.10, 4907.13, or 4907.15 of the Revised Code shall forfeit to the state one thousand dollars, and twenty-five...
• Section 4905.13 - System Of Accounts For Public Utilities.
  The public utilities commission may establish a system of accounts to be kept by public utilities or railroads, including municipally owned or operated public...
• Section 4905.14 - Annual Report.
  (A) (1) Every public utility shall file an annual report with the public utilities commission. The report shall be filed at the time and...
• Section 4905.15 - Reports And Accounts.
  Each public utility shall furnish to the public utilities commission, in such form and at such times as the commission requires, such accounts, reports,...
• Section 4905.16 - Copy Of Contract May Be Required By Commission.
  When and as required by the public utilities commission, every public utility shall file with it a copy of any contract, agreement, or arrangement,...
• Section 4905.17 - Construction Accounts.
  The public utilities commission shall keep informed of all new construction, extensions, and additions to the property of public utilities, and may prescribe the...
• Section 4905.18 - Depreciation Account.
  Every public utility shall carry a proper and adequate depreciation or deferred maintenance account, whenever the public utilities commission, after investigation, determines that a...
• Section 4905.19 - Depreciation Fund.
  The moneys for depreciation charges provided for by section 4905.18 of the Revised Code shall be set aside out of the earnings and carried...
• Section 4905.20 - Abandonment Of Facilities.
  No railroad as defined in section 4907.02 of the Revised Code, operating any railroad in this state, and no public utility as defined in...
• Section 4905.21 - Application To Commission To Abandon, Withdraw Or Close.
  Any railroad or any political subdivision desiring to abandon, close, or have abandoned, withdrawn, or closed for traffic or service all or any part...
• Section 4905.22 - Service And Facilities Required - Unreasonable Charge Prohibited.
  Every public utility shall furnish necessary and adequate service and facilities, and every public utility shall furnish and provide with respect to its business...
• Section 4905.23 - [Repealed] Inadequate Service By Telephone Company.
  Repealed by 128th General AssemblyFile No.43, SB 162, §2, eff. 9/13/2010. Effective Date: 10-26-1953
• Section 4905.231 - [Repealed] Prescribing Reasonable Standards Of Telephone Service.
  Repealed by 128th General AssemblyFile No.43, SB 162, §2, eff. 9/13/2010. Effective Date: 10-26-1953
• Section 4905.24 - [Repealed] Company Not Permitted To Exercise Right Of Franchise Where Another Is Giving Adequate Service.
  Repealed by 128th General AssemblyFile No.43, SB 162, §2, eff. 9/13/2010. Effective Date: 10-01-1953
• Section 4905.241 - [Repealed] Applications To Render Service.
  Repealed by 128th General AssemblyFile No.43, SB 162, §2, eff. 9/13/2010. Effective Date: 10-26-1953
• Section 4905.242 - [Repealed] Companies Integrated, Merged, Consolidated, Or Otherwise Combined When Service Inadequate.
  Repealed by 128th General AssemblyFile No.43, SB 162, §2, eff. 9/13/2010. Effective Date: 10-26-1953
• Section 4905.243 - [Repealed] Petition For Change In Service.
  Repealed by 128th General AssemblyFile No.43, SB 162, §2, eff. 9/13/2010. Effective Date: 10-26-1953
• Section 4905.244 - [Repealed] Continuing Operation.
  Repealed by 128th General AssemblyFile No.43, SB 162, §2, eff. 9/13/2010. Effective Date: 10-26-1953
• Section 4905.25 - [Repealed] Petition For Service In Area Not Served By Telephone Company.
  Repealed by 128th General AssemblyFile No.43, SB 162, §2, eff. 9/13/2010. Effective Date: 10-01-1953
• Section 4905.26 - Complaints As To Service.
  Upon complaint in writing against any public utility by any person, firm, or corporation, or upon the initiative or complaint of the public utilities...
• Section 4905.261 - Telephone Call Center For Consumer Complaints.
  The public utilities commission shall operate a telephone call center for consumer complaints, to receive complaints by any person, firm, or corporation against any...
• Section 4905.27 - Standard Units.
  The public utilities commission shall ascertain and prescribe suitable and convenient standard commercial units of the product or service of any public utility when...
• Section 4905.28 - Standards Of Measurement.
  The public utilities commission may ascertain and fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage, or other conditions pertaining...
• Section 4905.29 - Examinations And Tests.
  The public utilities commission may provide instruments for, and carry on, the examination and testing of all appliances used for the measurement of any...
• Section 4905.30 - Printed Schedules Of Rates Must Be Filed.
  (A) A public utility shall print and file with the public utilities commission schedules showing all rates, joint rates, rentals, tolls, classifications, and charges...
• Section 4905.301 - [Repealed].
  Effective Date: 01-01-2001
• Section 4905.302 - Purchased Gas Adjustment Clause.
  (A) (1) For the purpose of this section, the term "purchased gas adjustment clause" means: (a) A provision in a schedule of a gas...
• Section 4905.303 - Approving Purchases Of Synthetic Natural Gas.
  (A) Before entering into an agreement to purchase synthetic natural gas or other fuels produced by a facility originated under the auspices of the...
• Section 4905.304 - Examining Coal Research And Development Costs Incurred By Gas Or Natural Gas Company.
  Once in every six months, the public utilities commission shall examine Ohio coal research and development costs incurred by a gas or natural gas...
• Section 4905.31 - Reasonable Arrangements Allowed - Variable Rate.
  Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., 4927., 4928., and 4929. of the Revised Code do not prohibit a public utility from filing...
• Section 4905.32 - Schedule Rate Collected.
  No public utility shall charge, demand, exact, receive, or collect a different rate, rental, toll, or charge for any service rendered, or to be...
• Section 4905.33 - Rebates, Special Rates, And Free Service Prohibited.
  (A) No public utility shall directly or indirectly, or by any special rate, rebate, drawback, or other device or method, charge, demand, collect, or...
• Section 4905.34 - Free Service Or Reduced Rates.
  Except as provided in sections 4905.33 and 4905.35 and Chapter 4928. of the Revised Code, Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and...
• Section 4905.35 - Prohibiting Discrimination.
  (A) No public utility shall make or give any undue or unreasonable preference or advantage to any person, firm, corporation, or locality, or subject...
• Section 4905.36 - Separate Hearings.
  When complaint is made of more than one rate, charge, or service, the public utilities commission may order separate hearings on such complaint and...
• Section 4905.37 - Commission May Change Rules And Regulations Of Public Utilities.
  Whenever the public utilities commission is of the opinion, after hearing had upon complaint or upon its own initiative or complaint, served as provided...
• Section 4905.38 - Repairs And Improvements May Be Ordered By Commission.
  Whenever the public utilities commission is of the opinion, after hearing had, as provided in section 4905.26 of the Revised Code, or upon its...
• Section 4905.381 - [Repealed] Ordering Repairs And Improvements In Telephone Service.
  Repealed by 128th General AssemblyFile No.43, SB 162, §2, eff. 9/13/2010. Effective Date: 10-26-1953
• Section 4905.39 - Power To Require Additions And Extensions.
  The legislative authority of any municipal corporation may, upon the filing of an application by any person, firm, or corporation, require of any public...
• Section 4905.40 - Issuance Of Stocks, Bonds, And Notes.
  (A) A public utility or a railroad may, when authorized by order of the public utilities commission, issue stocks, bonds, notes, and other evidences...
• Section 4905.401 - Issuing Notes Or Other Evidences Of Indebtedness.
  A public utility which is an electric light company may, when authorized by an order of the public utilities commission and not otherwise, issue...
• Section 4905.402 - Acquiring Or Merging With Domestic Telephone Or Electric Utility Company Or Holding Company.
  (A) As used in this section: (1) "Control" means the possession of the power to direct the management and policies of a domestic telephone...
• Section 4905.403 - Filing Control Bid For A Natural Gas Company.
  (A) As used in this section: (1) "Control bid" means the purchase of, or offer to purchase, from a resident of this state, by...
• Section 4905.41 - Proceedings To Obtain Authority.
  The proceedings for obtaining the authority of the public utilities commission for the issue of stocks, bonds, notes and other evidences of indebtedness, as...
• Section 4905.42 - Hearings On Issuance Of Stocks, Bonds, And Notes.
  To determine whether it should issue the order referred to in section 4905.40 of the Revised Code, the public utilities commission shall hold such...
• Section 4905.43 - Public Utility In Possession Of Receiver Exempted.
  Where a public utility or railroad was, on June 30, 1911, in the possession of one or more receivers or its property was under...
• Section 4905.44 - [Repealed].
  Effective Date: 07-01-1996
• Section 4905.45 - Indorsement Of Public Utility Or Railroad Securities.
  Public utility or railroad corporations may, incident to the sale or pledge of bonds, notes, or other securities owned by them, jointly or severally...
• Section 4905.46 - Restrictions On Dividend Or Distribution.
  No public utility or railroad shall declare any stock, bond, or scrip dividend or distribution, or divide the proceeds of the sale of any...
• Section 4905.47 - Capitalization.
  The public utilities commission shall not authorize the capitalization of any franchise or right to own, operate, or enjoy any franchise in excess of...
• Section 4905.48 - Transactions Between Public Utilities.
  With the consent and approval of the public utilities commission: (A) Any two or more public utilities furnishing a like service or product and...
• Section 4905.49 - [Repealed] Merger.
  Repealed by 128th General AssemblyFile No.43, SB 162, §2, eff. 9/13/2010. Effective Date: 10-01-1953
• Section 4905.491 - [Repealed] Cause For Refusal Of Petition.
  Repealed by 128th General AssemblyFile No.43, SB 162, §2, eff. 9/13/2010. Effective Date: 10-26-1953
• Section 4905.50 - [Repealed] Power To Form Continuous Line.
  Repealed by 128th General AssemblyFile No.43, SB 162, §2, eff. 9/13/2010. Effective Date: 10-01-1953
• Section 4905.51 - Use Of Equipment Over Street By Other Public Utility.
  Every public utility having any equipment on, over, or under any street or highway shall, subject to section 4951.04 of the Revised Code, for...
• Section 4905.52 - Refusal To Answer Questions In Examination.
  No officer, agent, or employee of a railroad company shall refuse to answer a question propounded to the officer, agent, or employee by a...
• Section 4905.53 - [Repealed].
  Effective Date: 10-02-1953
• Section 4905.54 - Compliance With Orders.
  Every public utility or railroad and every officer of a public utility or railroad shall comply with every order, direction, and requirement of the...
• Section 4905.55 - Liability For Act Of Agent.
  The act, omission, or failure of any officer, agent, or other person, acting for or employed by a public utility or railroad, while acting...
• Section 4905.56 - Violation.
  No officer, agent, or employee in an official capacity of a public utility or railroad shall knowingly violate sections 4905.01 to 4905.07, inclusive, 4905.14...
• Section 4905.57 - Actions To Recover Forfeitures.
  Except as otherwise specifically provided in sections 4905.96 and 4923.99 of the Revised Code, actions to recover forfeitures provided for in this chapter and...
• Section 4905.58 - Indictment.
  All prosecutions against a railroad or an officer, agent, or employee thereof, under Chapters 4901., 4903., 4905., 4907., and 4909. and other sections of...
• Section 4905.59 - Action For Forfeiture By Prosecuting Attorney.
  If the public utilities commission, the officer requested by it, or a village solicitor or city director of law, when the cause of action...
• Section 4905.60 - Writ Of Mandamus - Injunction.
  Whenever the public utilities commission is of the opinion that any public utility or railroad has failed or is about to fail to obey...
• Section 4905.61 - Treble Damages.
  If any public utility or railroad does, or causes to be done, any act or thing prohibited by Chapters 4901., 4903., 4905., 4907., 4909.,...
• Section 4905.62 - Limitation.
  No franchise, permit, license, or right to own, operate, manage, or control any public utility which is an electric light company, gas company, water-works...
• Section 4905.63 - Company Formed To Acquire Property Or Transact Business Subject To Certain Laws.
  A company formed to acquire property or to transact business that would be subject to Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and...
• Section 4905.64 - Forfeiture Shall Be Cumulative.
  All forfeitures under Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code are cumulative, and a suit for and...
• Section 4905.65 - Local Regulation Restricting Construction, Location, Or Use Of Public Utility Facility.
  (A) As used in this section: (1) "Public utility" means any electric light company, as the same is defined in sections 4905.02 and 4905.03...
• Section 4905.66 To 4905.69 - [Repealed].
  Effective Date: 01-01-2001
• Section 4905.70 - Energy Conservation Programs.
  The public utilities commission shall initiate programs that will promote and encourage conservation of energy and a reduction in the growth rate of energy...
• Section 4905.71 - Filing Tarrifs For Charges For Attachment To Pole Or Conduit Use Of Equipment.
  (A) Every telephone or electric light company that is a public utility as defined by section 4905.02 of the Revised Code and, subject to...
• Section 4905.72 - Changes In Provider Of Natural Gas Service Or Public Telecommunications Service To Consumer.
  (A) As used in this section: (1) "Natural gas service" means the sale of natural gas, exclusive of any distribution or ancillary service. (2)...
• Section 4905.73 - Jurisdiction.
  (A) The public utilities commission, upon complaint by any person or complaint or initiative of the commission, has jurisdiction under section 4905.26 of the...
• Section 4905.74 - Persistent Practice Or Pattern Of Violative Conduct.
  No public utility shall knowingly engage in a persistent practice or pattern of conduct of violating division (B) of section 4905.72 of the Revised...
• Section 4905.75 - Payments To Agent Not Considered Past Due.
  If a customer makes payment on or before the due date of a bill to an agent designated or authorized by the public utility...
• Section 4905.76 To 4905.78 - [Repealed].
  Effective Date: 12-31-1999
• Section 4905.79 - Tax Credits For Costs Of Service To Aid Communicatively Impaired.
  Any telephone company, as defined in section 5727.01 of the Revised Code, or, as authorized by the public utilities commission, any affiliate of such...
• Section 4905.80 - State Policy Regarding Motor Carriers.
  The policy of this state is to: (A) Regulate transportation by motor carriers so as to recognize and preserve the inherent advantages of, and...
• Section 4905.801 - [Repealed].
  Repealed by 129th General AssemblyFile No.127, HB 487, §105.01, eff. 6/11/2012.
• Section 4905.802 - [Renumbered].
  Renumbered as § 4905.801 by 129th General AssemblyFile No.7, HB 114, §101.01, eff. 6/29/2011. Added by 128th General Assemblych.7, HB 2, §101.01, eff. 7/1/2009.
• Section 4905.81 - Duties Of Public Utilities Commission.
  The public utilities commission shall: (A) Supervise and regulate each motor carrier; (B) Regulate the safety of operation of each motor carrier, and of...
• Section 4905.82 - [Repealed].
  Repealed by 129th General AssemblyFile No.127, HB 487, §105.01, eff. 6/11/2012. Effective Date: 07-22-1994
• Section 4905.83 - [Repealed].
  Repealed by 129th General AssemblyFile No.127, HB 487, §105.01, eff. 6/11/2012. Effective Date: 09-29-1995
• Section 4905.84 - Annual Assessment To Pay For Trs Service.
  (A) As used in this section: (1) "Telecommunications relay service" means intrastate transmission services that provide the ability for an individual who has a...
• Section 4905.85 - [Repealed].
  Effective Date: 01-01-1998
• Section 4905.86 - Sulfur Dioxide Emission Allowances.
  At the request of an electric light company, the public utilities commission shall provide information and assistance to the electric light company in obtaining...
• Section 4905.87 - Biomass Energy Program Fund.
  (A) To the extent funding is available in the biomass energy program fund, the public utilities commission shall maintain a program to promote the...
• Section 4905.90 - Natural Gas Pipeline Safety Standards Definitions.
  As used in sections 4905.90 to 4905.96 of the Revised Code: (A) "Contiguous property" includes, but is not limited to, a manufactured home park...
• Section 4905.91 - Intrastate Gas Pipe-lines.
  For the purpose of protecting the public safety with respect to intrastate pipe-lines used by any operator: (A) The public utilities commission shall: (1)...
• Section 4905.911 - Compliance With Federal Design Requirements.
  (A) (1) Except as provided in division (A)(2) of this section: (a) The public utilities commission shall require an operator of either of the...
• Section 4905.92 - Assessments Against Operators - Pipe-line Safety Fund.
  (A) In addition to the assessment required by section 4905.10 of the Revised Code, the public utilities commission shall assess against all operators an...
• Section 4905.93 - Duties Of Operator.
  Each operator shall do all of the following: (A) Comply with sections 4905.90 to 4905.96 of the Revised Code and the pipe-line safety code....
• Section 4905.94 - Operator Of Master-meter System.
  (A) To the extent known to the commission, the commission shall notify an operator of a master-meter system that the operator is subject to...
• Section 4905.95 - Notices, Hearings And Orders Of Commission.
  (A) Except as otherwise provided in division (C) of this section: (1) The public utilities commission, regarding any proceeding under this section, shall provide...
• Section 4905.96 - Civil Action Against Operator.
  (A) Upon the written request of or order by the public utilities commission, the attorney general shall bring a civil action against an operator...
• Section 4905.99 - Penalty.
  (A) Whoever violates section 4905.52 of the Revised Code shall be fined not less than fifty nor more than five hundred dollars. (B) Whoever...

Last modified: October 10, 2016