Ohio Revised Code Chapter 4928 - Competitive Retail Electric Service

• Section 4928.01 - Competitive Retail Electric Service Definitions.
  (A) As used in this chapter: (1) "Ancillary service" means any function necessary to the provision of electric transmission or distribution service to a...
• Section 4928.02 - State Policy.
  It is the policy of this state to do the following throughout this state: (A) Ensure the availability to consumers of adequate, reliable, safe,...
• Section 4928.03 - Identification Of Competitive Services And Noncompetitive Services.
  Beginning on the starting date of competitive retail electric service, retail electric generation, aggregation, power marketing, and power brokerage services supplied to consumers within...
• Section 4928.04 - Additional Competitive Services.
  (A) The public utilities commission by order may declare that retail ancillary, metering, or billing and collection service supplied to consumers within the certified...
• Section 4928.05 - Extent Of Exemptions.
  (A) (1) On and after the starting date of competitive retail electric service, a competitive retail electric service supplied by an electric utility or...
• Section 4928.06 - Commission To Ensure Competitive Retail Electric Service.
  (A) Beginning on the starting date of competitive retail electric service, the public utilities commission shall ensure that the policy specified in section 4928.02...
• Section 4928.07 - Separate Pricing Of Services On Bill.
  To the maximum extent practicable on or after the starting date of competitive retail electric service, an electric utility, electric services company, electric cooperative,...
• Section 4928.08 - Certification To Provide Retail Electric Competitive Service.
  (A) This section applies to an electric cooperative, or to a governmental aggregator that is a municipal electric utility, only to the extent of...
• Section 4928.09 - Consent To Jurisdiction - Appointment Of Statutory Agent.
  (A) (1) No person shall operate in this state as an electric utility, an electric services company, a billing and collection agent, or a...
• Section 4928.10 - Minimum Service Requirements For Competitive Services.
  For the protection of consumers in this state, the public utilities commission shall adopt rules under division (A) of section 4928.06 of the Revised...
• Section 4928.11 - Minimum Service Requirements For Noncompetitive Services.
  (A) For the protection of consumers in this state, the public utilities commission shall adopt rules under division (A) of section 4928.06 of the...
• Section 4928.111 - Review Of Distribution And Transmission Infrastructure.
  The public utilities commission shall consult with electric distribution utilities to review the distribution infrastructure in this state and shall consult with regional transmission...
• Section 4928.112 - Priority To Hospitals In Case Of Outage.
  (A) In the event of an interruption of electric service during a period of emergency or disaster, an electric distribution utility's service restoration plan...
• Section 4928.12 - Qualifying Transmission Entities.
  (A) Except as otherwise provided in sections 4928.31 to 4928.40 of the Revised Code, no entity shall own or control transmission facilities as defined...
• Section 4928.13 - Nuclear Generation Facilities Deommissioning.
  Through a periodic filing with the public utilities commission in such form as the commission shall prescribe by rule under division (A) of section...
• Section 4928.14 - Failure Of Supplier To Provide Service.
  The failure of a supplier to provide retail electric generation service to customers within the certified territory of an electric distribution utility shall result...
• Section 4928.141 - Distribution Utility To Provide Standard Service Offer.
  (A) Beginning January 1, 2009, an electric distribution utility shall provide consumers, on a comparable and nondiscriminatory basis within its certified territory, a standard...
• Section 4928.142 - Standard Generation Service Offer Price - Competitive Bidding.
  (A) For the purpose of complying with section 4928.141 of the Revised Code and subject to division (D) of this section and, as applicable,...
• Section 4928.143 - Application For Approval Of Electric Security Plan - Testing.
  (A) For the purpose of complying with section 4928.141 of the Revised Code, an electric distribution utility may file an application for public utilities...
• Section 4928.144 - Phase-in Of Electric Distribution Utility Rate Or Price.
  The public utilities commission by order may authorize any just and reasonable phase-in of any electric distribution utility rate or price established under sections...
• Section 4928.145 - Availability Of Contract Or Agreement Relevant To Proceeding.
  During a proceeding under sections 4928.141 to 4928.144 of the Revised Code and upon submission of an appropriate discovery request, an electric distribution utility...
• Section 4928.146 - Electric Service Within Territory Of Another Utility.
  Nothing in sections 4928.141 to 4928.145 of the Revised Code precludes or prohibits an electric distribution utility providing competitive retail electric service to electric...
• Section 4928.15 - Schedules For Provision Of Noncompetitive Service.
  (A) Except as otherwise provided in sections 4928.31 to 4928.40 of the Revised Code, no electric utility shall supply noncompetitive retail electric distribution service...
• Section 4928.151 - Uniform Policy Regarding Electric Transmission Facilities.
  The public utilities commission shall adopt and enforce rules prescribing a uniform, statewide policy regarding electric transmission and distribution line extensions and requisite substations...
• Section 4928.16 - Commission Jurisdiction.
  (A) (1) The public utilities commission has jurisdiction under section 4905.26 of the Revised Code, upon complaint of any person or upon complaint or...
• Section 4928.17 - Corporate Separation Plans.
  (A) Except as otherwise provided in sections 4928.142 or 4928.143 or 4928.31 to 4928.40 of the Revised Code and beginning on the starting date...
• Section 4928.18 - Jurisdiction And Powers Of Commission Concerning Utility Or Affiliate.
  (A) Notwithstanding division (E)(2)(a) of section 4909.15 of the Revised Code, nothing in this chapter prevents the public utilities commission from exercising its authority...
• Section 4928.19 - Consumer Education.
  As part of their ongoing consumer education efforts, the public utilities commission and the office of the consumers' counsel shall engage in cooperative agency...
• Section 4928.20 - Local Aggregation Of Retail Electric Loads - Limitations.
  (A) The legislative authority of a municipal corporation may adopt an ordinance, or the board of township trustees of a township or the board...
• Section 4928.21 - Do Not Aggregate List - Registration - Removal Of Current Enrollee.
  (A) A customer that desires to remove itself from the pool of customers eligible to participate in governmental aggregation under section 4928.20 of the...
• Section 4928.23 - Definitions For Standards For Securitization Of Costs For Electric Distribution Utilities.
  As used in sections 4928.23 to 4928.2318 of the Revised Code: (A) "Ancillary agreement" means any bond insurance policy, letter of credit, reserve account,...
• Section 4928.231 - Financing Order For Issuance Of Bonds To Recover Phase-in Costs And Carrying Charges.
  (A) An electric distribution utility may apply to the public utilities commission for a financing order that authorizes the following: (1) The issuance of...
• Section 4928.232 - Proceedings; Review Of Application; Disposition.
  (A) Proceedings before the public utilities commission on an application submitted by an electric distribution utility under section 4928.231 of the Revised Code shall...
• Section 4928.233 - Rehearing; When Order Becomes Final.
  (A) Any party to a proceeding under section 4928.232 of the Revised Code may apply to the public utilities commission for rehearing of an...
• Section 4928.234 - Phase-in-recovery Property.
  (A) The phase-in-recovery property created in a final financing order may be transferred, sold, conveyed, or assigned to any person or entity not affiliated...
• Section 4928.235 - Duration Of Final Financing Order.
  (A) (1) A final financing order shall remain in effect until the phase-in-recovery bonds issued under the final financing order and all financing costs...
• Section 4928.236 - Subsequent Financing Orders.
  At the request of the electric distribution utility subject to a final financing order, the public utilities commission may commence a proceeding and issue...
• Section 4928.237 - Public Utilities Commission - Probited Acts.
  (A) The public utilities commission, in exercising the commission's powers and carrying out the commission's duties regarding regulation and ratemaking, may not do any...
• Section 4928.238 - Request For Approval Of Adjustments To Charges.
  (A) An electric distribution utility subject to a final financing order shall file with the public utilities commission, at least annually, or more frequently...
• Section 4928.239 - Nonbypassable Charges; Collection.
  (A) As used in this section, "nonbypassable," with respect to phase-in-recovery charges, means that such charges cannot be avoided by any customer or other...
• Section 4928.2310 - Default; Sequestration And Payment Of Revenues For Benefit Of Bondholders, Assignees, And Financing Parties.
  (A) (1) If an electric distribution utility subject to a final financing order defaults on any required payment of phase-in-recovery revenues, a court, upon...
• Section 4928.2311 - Successors.
  Any successor to an electric distribution utility subject to a final financing order shall be bound by the requirements of sections 4928.23 to 4928.2317...
• Section 4928.2312 - Security Interest In Phase-in-recovery Property.
  (A) Except as provided in division (C) of this section, the creation, perfection, and enforcement of any security interest in phase-in-recovery property under a...
• Section 4928.2313 - Sale, Assignment, Or Transfer Of Phase-in-recovery Property.
  (A) Any sale, assignment, or transfer of phase-in-recovery property under a final financing order shall be an absolute transfer and true sale of, and...
• Section 4928.2314 - Exemption From Taxes And Other Charges.
  (A) The transfer and ownership of phase-in-recovery property and the imposition, charging, collection, and receipt of phase-in-recovery revenues under sections 4928.231 to 4928.2317 of...
• Section 4928.2315 - Prohibition Of State Interference.
  (A) The state pledges to and agrees with the bondholders, any assignee, and any financing parties under a final financing order that the state...
• Section 4928.2316 - Governing Law.
  (A) The law governing the validity, enforceability, attachment, perfection, priority, and exercise of remedies with respect to the transfer of phase-in-recovery property under a...
• Section 4928.2317 - Repealed Laws Have No Effect On Actions Taken.
  If any provision of sections 4928.23 to 4928.2318 of the Revised Code is held to be invalid or is superseded, replaced, repealed, or expires...
• Section 4928.2318 - Assignee Or Financing Party Not Considered An Electric Distribution Utility.
  An assignee or financing party shall not be considered an electric distribution utility or person providing electric service by virtue of engaging in the...
• Section 4928.24 - Federal Energy Advocate, Duties.
  The public utilities commission shall employ a federal energy advocate to monitor the activities of the federal energy regulatory commission and other federal agencies...
• Section 4928.31 - Transition Plan.
  (A) Not later than ninety days after the effective date of this section, an electric utility supplying retail electric service in this state on...
• Section 4928.32 - Procedures For Expedited Discovery In Proceeding Initiated To Consider Transition Plan.
  (A) The public utilities commission shall establish reasonable procedures for expedited discovery in any proceeding initiated to consider a transition plan filed under section...
• Section 4928.33 - Transition Plan Approval.
  (A) Not later than two hundred seventy-five days after the date an electric utility files a transition plan under section 4928.31 of the Revised...
• Section 4928.34 - Determinations For Approval Or Prescribing Of Plan.
  (A) The public utilities commission shall not approve or prescribe a transition plan under division (A) or (B) of section 4928.33 of the Revised...
• Section 4928.35 - Schedules Containing Unbundled Rate Components Set In Approved Plan.
  (A) Upon approval of its transition plan under sections 4928.31 to 4928.40 of the Revised Code, an electric utility shall file in accordance with...
• Section 4928.36 - Complaint Concerning Transition Plan.
  The public utilities commission has jurisdiction under section 4905.26 of the Revised Code, upon complaint by any person or upon complaint or initiative of...
• Section 4928.37 - Receiving Transition Revenues.
  (A) (1) Sections 4928.31 to 4928.40 of the Revised Code provide an electric utility the opportunity to receive transition revenues that may assist it...
• Section 4928.38 - Commencing And Terminating Transition Revenues.
  Pursuant to a transition plan approved under section 4928.33 of the Revised Code, an electric utility in this state may receive transition revenues under...
• Section 4928.39 - Determining Total Allowable Transition Costs.
  Upon the filing of an application by an electric utility under section 4928.31 of the Revised Code for the opportunity to receive transition revenues...
• Section 4928.40 - Establishing Transition Charge For Each Customer Class.
  (A) Upon determining under section 4928.39 of the Revised Code the allowable transition costs of an electric utility authorized for collection as transition revenues...
• Section 4928.41 - [Repealed].
  Effective Date: 2008 SB221 07-31-2008
• Section 4928.42 - [Repealed].
  Effective Date: 2008 SB221 07-31-2008
• Section 4928.43 - Assisting Employees Affected By Electric Industry Restructuring.
  (A) Each state agency that provides employment assistance and job training programs, including the bureau of employment services and the department of development, shall...
• Section 4928.431 - [Repealed].
  Effective Date: 2008 SB221 07-31-2008
• Section 4928.44 - [Repealed].
  Effective Date: 2008 SB221 07-31-2008
• Section 4928.51 - Universal Service Fund.
  (A) There is hereby established in the state treasury a universal service fund, into which shall be deposited all universal service revenues remitted to...
• Section 4928.52 - Universal Service Rider.
  (A) Beginning July 1, 2000, the universal service rider shall replace the percentage of income payment plan rider in existence on the effective date...
• Section 4928.53 - Director Of Development To Administer Low-income Customer Assistance Programs.
  (A) Beginning July 1, 2000, the director of development is hereby authorized to administer the low-income customer assistance programs. For that purpose, the public...
• Section 4928.54 - Aggregate Percentage Of Income Payment Plan Program Customers.
  The director of development services shall aggregate percentage of income payment plan program customers for the purpose of establishing a competitive procurement process for...
• Section 4928.541 - Duration Of Competitive Procurement Process.
  The competitive procurement process established under section 4928.54 of the Revised Code shall be conducted until a winning bid is or winning bids are...
• Section 4928.542 - Winning Bids; Requirements.
  The winning bid or bids selected through the competitive procurement process established under section 4928.54 of the Revised Code shall meet all of the...
• Section 4928.543 - Rules.
  The director of development services shall adopt rules in accordance with Chapter 119. of the Revised Code to implement sections 4928.54, 4928.541, and 4928.542...
• Section 4928.544 - Design, Management, And Supervision Of Competitive Procurement Process.
  (A) For the purpose of facilitating compliance with sections 4928.54, 4928.541, and 4928.542 of the Revised Code, and upon written request by the director...
• Section 4928.55 - Energy Efficiency And Weatherization Program.
  The director of development services shall establish an energy efficiency and weatherization program targeted, to the extent practicable, to high-cost, high-volume use structures occupied...
• Section 4928.56 - Education Program For Consumers Eligible To Participate In Low-income Customer Assistance Programs.
  The director of development may adopt rules in accordance with Chapter 119. of the Revised Code establishing an education program for consumers eligible to...
• Section 4928.57 - Biennial Report To General Assembly.
  On and after the starting date of competitive retail electric service, the director of development shall provide a report every two years until 2008...
• Section 4928.58 - Public Benefits Advisory Board.
  (A) There is hereby created the public benefits advisory board, which has the purpose of ensuring that energy services be provided to low-income consumers...
• Section 4928.581 - Report On Universal Service Fund.
  (A) The public benefits advisory board shall conduct an independent investigation and analysis for the purpose of making the report required under division (B)...
• Section 4928.582 - Authority To Obtain Professional Services.
  (A) To discharge the duties under section 4928.581 of the Revised Code, the public benefits advisory board may obtain professional services as the board...
• Section 4928.583 - Response To Requests.
  The director of development services, the public utilities commission, and each electric distribution utility shall promptly respond to requests by the public benefits advisory...
• Section 4928.61 - Energy Efficiency Revolving Loan Fund.
  (A) There is hereby established in the state treasury the advanced energy fund, into which shall be deposited all advanced energy revenues remitted to...
• Section 4928.62 - Energy Efficiency Revolving Loan Program.
  (A) There is hereby created the advanced energy program, which shall be administered by the director of development. Under the program, the director may...
• Section 4928.621 - Creating An Advanced Energy Manufacturing Center.
  (A) Any Edison technology center in this state is eligible to apply for and receive assistance pursuant to section 4928.62 of the Revised Code...
• Section 4928.63 - Purpose Of Energy Efficiency Program.
  The director of development and the public benefits advisory board have the powers and duties provided in sections 4928.61 and 4928.62 of the Revised...
• Section 4928.64 - Electric Distribution Utility To Provide Electricity From Alternative Energy Resources.
  (A) (1) As used in this section, " qualifying renewable energy resource" means a renewable energy resource, as defined in section 4928.01 of the...
• Section 4928.641 - Costs Being Recovered Through Bypassable Charge.
  (A) If an electric distribution utility has executed a contract before April 1, 2014, to procure renewable energy resources and there are ongoing costs...
• Section 4928.643 - Baselines For Compliance With Qualified Renewable Energy Resource Requirements.
  (A) Except as provided in division (B) of this section and section 4928.644 of the Revised Code, the baseline for an electric distribution utility's...
• Section 4928.644 - Adjustments To Baselines.
  The public utilities commission may reduce either baseline described in section 4928.643 of the Revised Code to adjust for new economic growth in the...
• Section 4928.645 - Use Of Renewable Energy Credits.
  (A) An electric distribution utility or electric services company may use, for the purpose of complying with the requirements under divisions (B)(1) and (2)...
• Section 4928.65 - Adoption Of Rules Governing Disclosure Of Costs To Customers Of The Renewable Energy Resource, Energy Efficiency Savings, And Peak Demand Reduction Requirements.
  (A) Not later than January 1, 2015, the public utilities commission shall adopt rules governing the disclosure of the costs to customers of the...
• Section 4928.66 - Implementing Energy Efficiency Programs.
  (A) (1) (a) Beginning in 2009, an electric distribution utility shall implement energy efficiency programs that achieve energy savings equivalent to at least three-tenths...
• Section 4928.6610 - Definitions For Sections 4928.6611 To 4928.6616.
  As used in sections 4928.6611 to 4928.6616 of the Revised Code: (A) "Customer" means any customer of an electric distribution utility to which either...
• Section 4928.6611 - Opting Out Of Portfolio Plan.
  Beginning January 1, 2017, a customer of an electric distribution utility may opt out of the opportunity and ability to obtain direct benefits from...
• Section 4928.6612 - Notice Of Intent.
  Any customer electing to opt out under section 4928.6611 of the Revised Code shall do so by providing a verified written notice of intent...
• Section 4928.6613 - Effect Of Election To Opt Out.
  Upon a customer's election to opt out under section 4928.6611 of the Revised Code and commencing on the effective date of the election to...
• Section 4928.6614 - Opting In.
  (A) A customer subsequently may opt in to an electric distribution utility's portfolio plan after a previous election to opt out under section 4928.6611...
• Section 4928.6615 - Notice Of Intent To Opt In.
  Any customer electing to opt in under section 4928.6614 of the Revised Code shall do so by providing a written notice of intent to...
• Section 4928.6616 - Opt Out Customer Report.
  (A) Not later than sixty days after the effective date at a customer's election to opt out under section 4928.6611 of the Revised Code,...
• Section 4928.662 - Measurement And Determination Of Compliance With Demand Reduction Requirements.
  For the purpose of measuring and determining compliance with the energy efficiency and peak demand reduction requirements under section 4928.66 of the Revised Code,...
• Section 4928.67 - Standard Contract Or Tariff Providing For Net Energy Metering.
  (A) (1) Except as provided in division (A)(2) of this section, an electric utility shall develop a standard contract or tariff providing for net...
• Section 4928.68 - Rules Establishing Greenhouse Gas Emission Reporting Requirements.
  To the extent permitted by federal law, the public utilities commission shall adopt rules establishing greenhouse gas emission reporting requirements, including participation in the...
• Section 4928.69 - No Surcharge, Service Termination Charge, Exit Fee, Or Transition Charge.
  Notwithstanding any provision of Chapter 4928. of the Revised Code and except as otherwise provided in an agreement filed with and approved by the...
• Section 4928.70 - Review Of Green Pricing Programs.
  (A) The public utilities commission may periodically review any green pricing program offered in this state as part of competitive retail electric service. At...
• Section 4928.71 - Study Regarding Customer Choice; Report.
  The public utilities commission shall study whether increased energy efficiency, demand response, generation, and transmission provide increased opportunities for customer choice. The commission shall...
• Section 4928.72 - Multi-state Study On The Development Of Compressed Natural Gas Infrastructures For Transportation.
  The public utilities commission may, in cooperation with the department of transportation, work with other states to develop a multi-state study on the development...

Last modified: October 10, 2016