Ohio Administrative Code|Rule 4901:1-38-05 | Unique arrangements.

                                                
(A) Notwithstanding rules 4901:1-38-03
		  and 4901:1-38-04 of the Administrative Code, an electric utility may file an
		  application pursuant to section 4905.31 of the Revised Code for commission
		  approval of a unique arrangement with one or more of its non-mercantile
		  customers, consumers, or employees.
(1) An electric utility
			 filing an application for commission approval of a unique arrangement with one
			 or more of its customers, consumers, or employees bears the burden of proof
			 that the proposed arrangement is reasonable and does not violate the provisions
			 of sections 4905.33 and 4905.35 of the Revised Code, and shall submit to the
			 commission verifiable information detailing the rationale for the
			 arrangement.
(2) Upon the filing of an
			 application for a unique arrangement, the commission may fix a time and place
			 for a hearing if the application appears to be unjust or
			 unreasonable.
(3) The unique
			 arrangement shall be subject to change, alteration, or modification by the
			 commission.
(B) If a mercantile customer, or a group
		  of mercantile customers, of an electric utility is not eligible for an
		  arrangement under rule 4901:1-38-03 or 4901:1-38-04 of the Administrative Code,
		  the customer may file an application for commission approval of a unique
		  arrangement with the electric utility.
(1) Each customer
			 requesting to take service pursuant to a unique arrangement with the electric
			 utility has the burden of proof that, at a minimum: 
(a) The customer and/or
				electric utility is not eligible for an economic development arrangement under
				rule 4901:1-38-03 of the Administrative Code.
(b) The customer and/or
				electric utility is not eligible for an energy efficiency arrangement under
				rule 4901:1-38-04 of the Administrative Code.
(c) The arrangement is in
				the public interest.
Further, the customer will submit to the
				electric utility and the commission verifiable information detailing how the
				criteria are met, and provide an affidavit from a company official as to the
				veracity of the information provided.
(2) A mercantile customer
			 filing an application for commission approval of a unique arrangement has the
			 burden of proof that the proposed arrangement is reasonable and does not
			 violate the provisions of sections 4905.33 and 4905.35 of the Revised Code, and
			 shall submit to the commission and the electric utility verifiable information
			 detailing the rationale for the arrangement.
(3) Upon the filing of an
			 application for a unique arrangement, the commission may fix a time and place
			 for a hearing if the application appears to be unjust or
			 unreasonable.
(4) The unique
			 arrangement shall be subject to change, alteration, or modification by the
			 commission.
(C) Each applicant applying for approval
		  of a unique arrangement shall describe how such arrangement furthers the policy
		  of the state of Ohio embodied in section 4928.02 of the Revised
		  Code.
(D) Unique arrangements shall reflect
		  terms and conditions for circumstances for which the electric utility's
		  tariffs have not already provided.
(E) Customer information provided to the
		  electric utility to obtain a unique arrangement shall be treated by the
		  electric utility as confidential. The electric utility shall request
		  confidential treatment of customer-specific information that is filed with the
		  commission, with the exception of customer names and addresses.
(F) Affected parties may file a motion to
		  intervene and file comments and objections to any application filed under this
		  rule within twenty days of the date of the filing of the
		  application.


Last updated July 26, 2021 at 9:22 AM