Ohio Administrative Code
Title 4901:1 - Utilities
Chapter 4901:1-19 - Alternative Rate Plan; Exemptions
Section 4901:1-19-03 - Filing requirements for exemption applications filed pursuant to section 4929.04 of the Revised Code
Universal Citation: OH Admin Code 4901:1-19-03
Current through all regulations passed and filed through March 18, 2024
(A) Notice of intent.
The applicant shall notify the commission staff by letter addressed to the directors of the rates and analysis department and the service monitoring and enforcement department of its intent to file an application at least thirty calendar days prior to the expected date of filing.
(B) Form of an application.
(1) An exemption application must be
supported by direct testimony.
(2)
All direct testimony and exhibits supporting the application shall be filed
with the application, unless the application is being filed in conjunction with
an application for an increase in rates under section
4909.18 of the Revised Code, in
which case the direct testimony and exhibits
may be filed
within fourteen days of the filing of the application.
(3) The applicant shall provide a copy of its
application and supporting testimony to the office of the consumers' counsel
and each party of record in its previous alternative rate plan or rate case
proceeding. Such copies may be provided either in hard copy or by electronic
service.
(4) The applicant shall provide or cause to
be provided a copy of the application to any person upon request. Such copies
may be provided either in hard copy or by electronic service, if electronic
service is feasible and the requestor consents to electronic service.
(5)
Exemption applications
are designated by the commission's docketing division
using the acronym EXM.
(C) Exhibits to an exemption application.
(1) The applicant shall provide a detailed
description of each commodity sales service(s) and/or ancillary service(s) for
which the applicant is requesting an exemption.
(2) If the applicant is proposing to
implement an auction or other competitive procurement process for provision of
default commodity sales service, the applicant shall provide a detailed
description of
whether the proposed auction or competitive
procurement process is consistent with previous commission orders
considering exemption applications as well as best industry
practices.
(3)
The applicant shall
include a detailed discussion as to
how the approval of the proposed exemption(s) will promote
the
policy of the state under section
4929.02 of the Revised
Code.
(4) The applicant shall
provide a discussion showing that the requested exemption(s) does not involve
undue discrimination for similarly situated customers. The applicant shall
provide a description of the internal process for addressing customer
complaints and inquiries. The applicant shall also include the name of a
contact person to work with the commission staff. This person shall have the
authority to resolve customer complaints and inquiries received by commission
staff.
(5) The applicant
shall include a detailed discussion of why the applicant believes it is
currently subject to effective competition in the provision of each commodity
sales service or ancillary service for which it is requesting an exemption
and/or a detailed discussion of why the applicant believes the customers in the
relevant market currently have reasonably available alternatives to each
commodity sales service or ancillary service for which it is requesting an
exemption. Detailed discussions shall include all supporting documentation
which shall include empirical data.
(6) The applicant shall submit a proposed
separation plan to ensure to the maximum extent practicable that operations,
resources, and employees involved in providing or marketing exempt commodity
sales services or ancillary services are operated and accounted for separate
from nonexempt operations. The applicant shall provide a detailed discussion of
its proposed separation plan.
(7)
The applicant shall submit a proposed code of conduct which governs both the
applicant's adherence to the state policy specified in section
4929.02 of the Revised Code, and
its sharing of information and resources between those employees involved in
the provision or marketing of exempt commodity sales services or ancillary
services, and those employees involved in the provision or marketing of
nonexempt commodity sales services or ancillary services.
(8) The applicant shall provide one scored
copy each of all proposed tariff schedules where applicable (schedule E-1)
which have all proposed changes underscored and current tariff schedules to
which changes are proposed (schedule E-2).
(9) The applicant shall provide the rationale
underlying the proposed changes to the tariff (schedule E-3), referencing the appropriate current or proposed rate schedules to which
the rationale is applicable and
using the proper schedule and page number.
Changes common to multiple rate forms need only be
discussed once.
(10) The
applicant shall provide a list and description of all dockets in which there
are special arrangements with customers that involve natural gas commodity
service, which customers may be affected by the application.
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