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Ohio Statutes, Title 49

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Title 49, Title 49. Public Utilities

34 chapters · 1,096 sections in this title.

All chapters in Title 491,096 Ch 4928, Chapter 4928 | Competitive Retail El…110 Ch 4905, Chapter 4905 | Public Utilities Comm…94 Ch 4909, Chapter 4909 | Public Utilities Comm…73 Ch 4907, Chapter 4907 | Public Utilities Comm…70 Ch 4951, Chapter 4951 | Street Railways And I…54 Ch 4955, Chapter 4955 | Tracks; Crossings52 Ch 4929, Chapter 4929 | Alternate Rate Plan F…47 Ch 4933, Chapter 4933 | Companies - Gas; Elec…45 Ch 4981, Chapter 4981 | Rail Development Comm…39 Ch 4957, Chapter 4957 | Elimination Of Crossings38 Ch 4961, Chapter 4961 | Special Powers Of Rai…37 Ch 4906, Chapter 4906 | Power Siting35 Ch 4903, Chapter 4903 | Public Utilities Comm…31 Ch 4913, Chapter 4913 | Public Utilities Comm…30

73 sections·Filtered byTitle 49✕Ch 4909✕

Ohio Rev. Code Ann. § 4909.01 Public utilities commission - fixation of rates definitions
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As used in this chapter: (A) "Public utility" has the same meaning as in section 4905.02 of the Revised Code.(B) "Electric light company," "gas company," "natural gas company," "pipeline company," "water-works company," "sewage disposal system company," and "street railway compan…
Ohio Rev. Code Ann. § 4909.02 Regulations and practices prescribed by commission prima-facie reasonable
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All regulations, practices, and service of railroad companies prescribed by the public utilities commission shall be in force and be prima-facie reasonable, unless suspended or found otherwise in an action brought for that purpose pursuant to Chapters 4901., 4903., 4905., 4907., …
Ohio Rev. Code Ann. § 4909.03 Effect of rates fixed by commission
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All rates, fares, charges, classifications, and joint rates of railroad companies fixed by the public utilities commission shall be in force and be prima-facie lawful for two years from the day they take effect, or until changed or modified by the commission or by an order of a c…
Ohio Rev. Code Ann. § 4909.04 Valuation of property to determine justice of rates
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(A) The public utilities commission, for the purpose of ascertaining the reasonableness and justice of rates and charges for the service rendered by public utilities or railroads, or for any other purpose authorized by law, may investigate and ascertain the value of the property …

Ohio Rev. Code Ann. § 4909.041 Definitions

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As used in sections 4909.041, 4909.042, and 4909.05 of the Revised Code: (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 ri…

Ohio Rev. Code Ann. § 4909.042 Report of valuation of property for forecasted test period

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(A) With respect to an electric light, natural gas, water-works, or sewage disposal system company that chooses to file a forecasted test period under section 4909.18 of the Revised Code, the public utilities commission shall prescribe the form and details of the valuation report…

Ohio Rev. Code Ann. § 4909.05 Report of valuation of property

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(A) With respect to every public utility, 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 …

Ohio Rev. Code Ann. § 4909.051 Definitions for sections 4909.052 to 4909.055

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As used in sections 4909.052 to 4909.055 of the Revised Code: "Large water-works or sewage disposal system company" means a water-works or sewage disposal system company that has annual operating revenues of two hundred fifty thousand dollars or more. "Municipal water-works or se…

Ohio Rev. Code Ann. § 4909.052 Evaluation of petition for purchase of municipal water-works or sewage disposal system; acceptance of cost report

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Subject to a finding that such costs are just and reasonable, the public utilities commission in evaluating a petition submitted under section 4905.481 of the Revised Code shall accept the original cost, reported under division (B)(3) of section 4909.05 of the Revised Code, of th…

Ohio Rev. Code Ann. § 4909.053 Appraisals

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Each utility-valuation expert employed under section 4909.052 of the Revised Code shall return the appraisal required under that section, in writing, to both companies described in that section in a reasonable and timely manner. All appraisals shall be included in any filing asso…

Ohio Rev. Code Ann. § 4909.054 List of utility-valuation experts

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For purposes of section 4909.052 of the Revised Code, the public utilities commission shall maintain a list of utility-valuation experts from which a water-works or sewage disposal system company may choose. The commission shall be responsible for creating and maintaining reasona…

Ohio Rev. Code Ann. § 4909.055 Cost of obtaining valuations

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Prudent costs of obtaining the three valuations used to determine the market value of the system in an acquisition described in section 4909.052 of the Revised Code shall be deferred as an expense for future recovery in a manner as determined by the public utilities commission. I…

Ohio Rev. Code Ann. § 4909.057 Deferral of post-in-service carrying costs

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(A) Upon application of the acquiring company, the public utilities commission may authorize the acquiring company to defer post-in-service carrying costs on any improvements made to the company that is acquired after an acquisition described in section 4909.052 of the Revised Co…

Ohio Rev. Code Ann. § 4909.059 Construction of sections

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Sections 4905.481, 4905.49, 4905.491, and 4909.051 to 4909.057 of the Revised Code shall be exclusively applied to voluntary and mutually agreeable acquisitions. Last updated February 24, 2022 at 12:36 PM

Ohio Rev. Code Ann. § 4909.06 Additional facts

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The investigation and report required by section 4909.042 or 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 u…

Ohio Rev. Code Ann. § 4909.07 Revision and correction of valuations

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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, improve…

Ohio Rev. Code Ann. § 4909.08 Notice and hearing before valuation becomes final

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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 ut…

Ohio Rev. Code Ann. § 4909.09 Ascertainment of valuation

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When the authority is conferred or the obligation is imposed upon the public utilities commission to ascertain the value of any public utility or railroad, such valuation shall be made in accordance with sections 4901.01 to 4901.14, 4901.17 to 4901.24, 4903.10, 4903.12 to 4903.19…

Ohio Rev. Code Ann. § 4909.10 Hearing to ascertain value of property - notice

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For the purpose of ascertaining the value of the property of any public utility or railroad in this state, including municipally owned or operated public utilities, the public utilities commission may cause a hearing to be held at such time and place as the commission designates.…

Ohio Rev. Code Ann. § 4909.11 Filing and review of findings

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The public utilities commission shall make and file its findings of fact in writing upon all matters, concerning which evidence has been introduced before it, which in its judgment have bearing on the value of the property of the public utility or railroad affected. Such findings…

Ohio Rev. Code Ann. § 4909.12 Admissibility of findings in evidence

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The findings of the public utilities commission made and filed under section 4909.11 of the Revised Code, when properly certified under the seal of the commission, are admissible in evidence in any action, proceeding, or hearing before the commission or any court, in which the co…

Ohio Rev. Code Ann. § 4909.13 Additional hearings

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The public utilities commission may cause further hearings and investigations to be had for the purpose of making revaluations or ascertaining the value of any betterments, improvements, additions, or extensions made by any public utility or railroad subsequent to any prior heari…

Ohio Rev. Code Ann. § 4909.14 Wrongful valuation

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No member of the public utilities commission shall willfully overvalue the property of a public utility for the purpose of enabling such public utility to exact a higher rate for service than could lawfully be exacted, or willfully undervalue such property for the purpose of prev…

Ohio Rev. Code Ann. § 4909.15 Fixation of reasonable rate

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(A) The public utilities commission, when fixing and determining just and reasonable rates, fares, tolls, rentals, and charges, shall determine: (1)(a) With respect to a public utility that is an electric light, natural gas, water-works, or sewage disposal system company that cho…

Ohio Rev. Code Ann. § 4909.151 Consideration of costs attributable to service

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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 consider the costs attributable to such service. The utility shall fi…

Ohio Rev. Code Ann. § 4909.152 Consideration of efficiency, sufficiency, adequacy of facilities

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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 consider the efficiency, sufficiency, and adequacy of the facilities …

Ohio Rev. Code Ann. § 4909.153 Hearing service complaints

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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 hear service complaints, if any, that may be presented by customers a…

Ohio Rev. Code Ann. § 4909.154 Consideration of management policies, practices, and organization of public utility

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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 consider the management policies, practices, and organization of th…

Ohio Rev. Code Ann. § 4909.155 Filing report on bonds, stock and money

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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…

Ohio Rev. Code Ann. § 4909.156 Filing report showing property valuation

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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…

Ohio Rev. Code Ann. § 4909.157 Cost recovery mechanisms prohibited

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(A) Except for a cost recovery mechanism provided under division (C)(1)(a) of section 4909.15 of the Revised Code, a natural gas, water-works, or sewage disposal system company that applies for a forecasted test period under that division shall not request, and the public utiliti…

Ohio Rev. Code Ann. § 4909.159 Financial information for forecasted test period from full books

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An electric light, natural gas, water-works, or sewage disposal system company proposing a forecasted test period under division (C)(1)(a) of section 4909.15 of the Revised Code shall provide any financial information required by that section from the company's full books. The pu…

Ohio Rev. Code Ann. § 4909.16 Power to amend, alter, or suspend schedule of rates

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When the public utilities commission deems it necessary to prevent injury to the business or interests of the public or of any public utility of this state in case of any emergency to be judged by the commission, it may temporarily alter, amend, or, with the consent of the public…

Ohio Rev. Code Ann. § 4909.161 Recovering increased excise tax levy and kilowatt-hour tax

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(A) Notwithstanding the provisions of Chapters 4905. and 4909. of the Revised Code, the payment of any type of increased excise tax levy shall be considered to be a normal expense incurred by a public utility in the course of rendering service to the public, and may be recovered …

Ohio Rev. Code Ann. § 4909.17 Approval required for change in rate

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No rate, joint rate, toll, classification, charge, or rental, no change in any rate, joint rate, toll, classification, charge, or rental, and no regulation or practice affecting any rate, joint rate, toll, classification, charge, or rental of a public utility shall become effecti…

Ohio Rev. Code Ann. § 4909.171 Basing waterworks rate charge on change in water cost imposed by local government

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(A) Any waterworks company or any sewage disposal system company may submit an application to the public utilities commission for an increase or decrease in any rate or charge for, respectively, water or sewage treatment, if both of the following conditions are met:(1) The water …

Ohio Rev. Code Ann. § 4909.172 Application for approval to collect infrastructure improvement surcharge

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(A) A waterworks company, or a sewage disposal system company, that is a public utility may file an application with the public utilities commission for approval to collect an infrastructure improvement surcharge, determined in accordance with this section, from customers located…

Ohio Rev. Code Ann. § 4909.173 Water-works company replacement of water service line

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(A) As used in this section and section 4909.174 of the Revised Code: (1) "Customer-owned water service line" means the water service line connected to the water-works company's water service line at the curb of a customer's property. (2) "Water-works company" means an entity def…

Ohio Rev. Code Ann. § 4909.174 Water-works company reimburse customer for replacement of water service line

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(A) A water-works company shall reimburse a customer who replaces the customer's customer-owned water service line, if both of the following occur: (1) The company confirms that the customer-owned water service line was composed of lead or other composition that was mandated or o…

Ohio Rev. Code Ann. § 4909.18 Application to establish or change rate

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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…

Ohio Rev. Code Ann. § 4909.181 Rate application for distribution service

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(A) As used in this section, "electric distribution utility" has the same meaning as in section 4928.01 of the Revised Code. (B) Not later than December 31, 2029, and at least every three years thereafter, each electric distribution utility shall file a rate case application rega…

Ohio Rev. Code Ann. § 4909.182 Rate case requirement

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Not later than December 31, 2029, and at least every three years thereafter, each natural gas company that provides utility service to two hundred fifty thousand or more customers shall file a rate case application under section 4909.18 of the Revised Code. Last updated March 6, …

Ohio Rev. Code Ann. § 4909.19 Publication of notice - investigation

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(A) Upon the filing of any application for increase provided for by section 4909.18 of the Revised Code the public utility shall forthwith publish notice of such application, in a form approved by the public utilities commission, once a week for two consecutive weeks in a newspap…

Ohio Rev. Code Ann. § 4909.191 Submission of rate or charge adjustments or recalculations after actual data acquired

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(A) If the public utilities commission, under division (D) of section 4909.15 of the Revised Code, incorporated proposed adjustments to revenues and expenses into the commission's determination under that section, the public utility shall, not later than ninety days after actual …

Ohio Rev. Code Ann. § 4909.192 Approval of nondiscriminatory programs under rate increase application

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When considering an application to increase rates under section 4909.18 of the Revised Code, the public utilities commission may approve the following: (A) Nondiscriminatory programs available for all energy-intensive customers to implement economic development, job growth, job r…

Ohio Rev. Code Ann. § 4909.193 Rate case application review deadline

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(A) The public utilities commission shall determine whether an application for an increase filed under section 4909.18 of the Revised Code is complete not more than forty-five days after the application is filed. If the commission does not issue a determination within the time pe…

Ohio Rev. Code Ann. § 4909.20 Regulation of freight charges

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No railroad company, or person owning, controlling, or operating a railroad in whole or in part within this state, shall charge or receive any greater compensation in the aggregate for the transportation of freight of like kind, for a shorter than for a longer distance over the s…

Ohio Rev. Code Ann. § 4909.21 Rules and regulations relative to carload shipments of livestock

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Any company owning or operating a railroad in whole or in part in this state, which receives livestock for shipment in carload lots, shall be governed and regulated by the following rules and regulations relative to the intrastate rates and minimum weights to be charged in carloa…

Ohio Rev. Code Ann. § 4909.22 Rates shall be just and reasonable

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When passengers or property are transported over two or more connecting railroads between points in this state, and the railroad companies have made joint rates for the transportation of such passengers or property, such rates and all charges in connection therewith shall be just…

Ohio Rev. Code Ann. § 4909.23 Special contract rates

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Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code do not prevent concentration, commodity, transit, and other special contract rates, but all such rates are subject to such chapters as to their printing and filing. Such rates shall be open to…