(C) Unless otherwise set forth by entry, the
applicant, in applications set forth in paragraph (A) of this rule, shall
fulfill all of the following notice requirements:
(1) If public notice is to be accomplished
other than by publication of legal notice in a newspaper of general circulation
in the area affected by the application, the manner in which public notice of
the application is to be accomplished shall be set forth in the entry accepting
the application.
(2) If public
notice is to be accomplished by newspaper publication:
(a) The applicant shall give notice by
publication, once per week for two weeks, in
every county affected by the application. Within each affected county,
publication must be made in a newspaper published, and of general circulation,
within such county.
(b) Publication
expense shall be borne by the applicant.
(c) Proof of publication of an appropriate
notice shall be filed with the commission pursuant to the deadline established
within the entry calling for publication.
(d) Unless otherwise directed by entry, the
legal notice which the applicant must publish in applications covered by
paragraph (A) of this rule, shall:
(i) State
the fact that such application has been filed with the commission along with a
brief description of the purpose of the application.
(ii) Set forth the rates proposed to be
charged and collected, except in abandonment application cases in which rates
are not being proposed, and shall describe the specific area to be served. The
published description need not be stated in terms of metes and bounds; however,
it shall be in sufficient detail to enable a member of the public to determine
the boundary of the service area(s).
(iii) Contain the name and complete post
office address of the applicant.
(iv) Contain a statement which sets forth the
docket number which the commission has assigned to the application, as well as
the commission's post office address, and which indicates that additional
information concerning the application may be obtained by contacting the public
utilities commission of Ohio.
(v)
Provide for a period of time within which affected persons or entities may file
with the commission, a written statement which both describes the nature of
their interest in the application and requests that a hearing be held on the
application. Unless otherwise ordered by the commission, this period of time
shall include at least fourteen days from the last date upon which publication
may be made pursuant to the entry calling for publication.
(vi) In the case of an application for a
certificate of public convenience and necessity, meet the requirements set
forth in rule
4901:1-15-05 of the
Administrative Code.
(vii) In the
case of an application to amend a certificate, meet the requirements set forth
in rule
4901:1-15-07 of the
Administrative Code.
(viii) In the
case of an application to transfer a certificate, meet the requirements set
forth in rule
4901:1-15-09 of the
Administrative Code.
(e)
If, within fourteen days from the last date on which publication may be made
pursuant to the entry calling for publication, or such other period as may be
established within the entry calling for publication, the commission receives
from any affected person or entity a written request for a hearing on an
application set forth in paragraph (A) of this rule, the commission may
schedule and hold a public hearing on the application on a date and at a time
and place to be established by the commission. The commission may proceed to
decide the case without holding a hearing, on the basis of the information
contained in the application and the affidavits and information submitted to
the commission by the applicant. The commission may, upon its own motion,
schedule and hold a public hearing on the application at any time during its
pendency.
(3) Entries
accepting applications
set forth in rule
4901:1-15-04 of the
Administrative Code shall be served upon the applicant, any affected
person or entity who has requested a hearing, and upon the board of county
commissioners of any county and the chief executive authority of any municipal
corporation served or proposed to be served by the application.
(4) Notwithstanding the provisions of rule
4901-1-08 of the Administrative
Code, an officer or partner of the applicant shall attend any hearing held in a
case involving an application set forth in paragraph (A) of this rule. Failure
of an officer or partner to be present at the hearing is cause for dismissal of
the application.
