Ohio Administrative Code
Title 4901:1 - Utilities
Chapter 4901:1-10 - Electric Companies
Section 4901:1-10-31 - Environmental disclosure
Current through all regulations passed and filed through March 18, 2024
(A) This rule establishes a process by which customers are assured of receiving information, in a timely and consistent manner, concerning the approximate retail generation resource mix and environmental characteristics associated with electric power offered in Ohio's competitive marketplace.
(B) This rule applies to all electric utilities providing a standard offer for retail electric generation service.
(C) Determination of environmental disclosure data.
Each electric utility shall specifically identify each of the following generation sources used in the generation of the power that is made available under its standard offer: biomass power, coal-fired power, hydro power, natural gas-fired power, nuclear power, oil-fired power, other sources, solar power, and wind power.
The electric utility shall exercise all reasonable efforts to identify the power source or resource used to generate the power in question. The electric utilities shall maintain documentation sufficient to demonstrate the steps taken to make such identification.
Electric utilities shall report the environmental characteristics typically associated with the generation resources used to generate the power that is made available under their respective standard offers.
Electric utilities shall also report the air emissions of nitrogen oxides, sulfur dioxide, and carbon dioxide associated with the generation of power being offered under their respective standard offers.
In addition, electric utilities shall report the generation of high- and low-level radioactive waste associated with the power being offered under their standard offers.
January - disclosure of projected environmental disclosure data for current calendar year.
March - disclosure of actual environmental disclosure data for the prior calendar year, compared to the projected environmental disclosure data from prior calendar year.
June - disclosure of actual environmental disclosure data for January through March of current year, compared to projected data for current calendar year.
September - disclosure of actual environmental disclosure data for January to June of current year, compared to projected data for current calendar year.
December - disclosure of actual environmental disclosure data for January through September of current year, compared to projected data for current calendar year.
(D) Environmental disclosure to the commission.
Each customer shall receive environmental disclosure data, as detailed in paragraph (C) of this rule.
The environmental disclosure data shall be provided in a standardized format in order to facilitate comparisons by customers. This data shall be disclosed in not less than a ten-point font. The presentation of this data shall comply with each of the following requirements:
The percentages shall be rounded to the nearest one-half per cent. The pie chart shall not include colors, but shall include the use of shading and labels to more clearly communicate the information.
To the extent the patterns set forth in appendices A and B to this rule cannot be duplicated exactly, electric utilities shall exercise reasonable efforts to simulate the required shading to the extent possible.
The general categories and assumptions to be depicted in the table are as follows:
Biomass power - results in air emissions and solid waste.
Coal-fired power - results in air emissions and solid waste.
Hydro power - results in wildlife impacts.
Natural gas-fired power - results in air emissions and solid waste.
Nuclear power - results in radioactive waste.
Oil-fired power - results in air emissions and solid waste.
Other sources - results in unknown impacts.
Solar power - results in no significant impacts.
Wind power - results in wildlife impacts.
For use in the implementation of this rule, the following definitions shall apply:
High-level radioactive waste - means nuclear fuel that has been removed from a nuclear reactor. Low-level radioactive waste - means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in section 11(E)(2) of the "Atomic Energy Act of 1954," 68 Stat. 921, 42 U.S.C. 2014(e)(2), as amended by the Price-Anderson Amendments Act of 2005, 119 Stat. 779.
The quarterly comparisons of actual environmental disclosure data to projected environmental disclosure data, comprised of data specific to the electric utility's standard offer, shall appear as depicted in appendix B to this rule.
Consistent with the schedule presented in paragraph (C)(4) of this rule and the format depicted by appendix A of this rule, the most recent projection of environmental disclosure data shall be provided to each customer of the standard offer for generation service via a link to the EDU's website or the PUCO environmental disclosure information for consumers website or, at the request of the customer, a hardcopy of the data shall be provided at no cost to the customer.
The comparison of actual to projected environmental disclosure data shall be provided to customers on a quarterly basis consistent with both the schedule presented in paragraph (C)(4) of this rule and the format as depicted by appendix B to this rule.
These items will be disclosed to customers via a link to the EDU's website or the PUCO environmental disclosure information for consumers website or, at the request of the customer, a hardcopy of the data shall be provided at no cost to the customer.
(E) Environmental disclosure to the commission.
Each electric utility shall submit its annual projection and quarterly comparisons of environmental disclosure data to the deputy director of the utilities department or their designee consistent with the schedule presented in paragraph (C)(4) of this rule. The information provided to the staff shall be identical in content and format to that provided to customers.
(F) The generation resource mix disclosed pursuant to this rule should not be used as an indicator of an electric utility's compliance with section 4928.64 of the Revised Code.
Effective: 12/20/2014
Five Year
Review (FYR) Dates: 09/30/2014 and
09/30/2019
Promulgated
Under: 111.15
Statutory
Authority: 4905.04,
4928.06,
4928.10
Rule
Amplifies: 4928.10
Prior
Effective Dates: 9/18/00, 1/1/04,
6/29/09