Ohio § 4905.31

§ 4905.31.

Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., 4927., 4928., and 4929.

of the Revised Code do not prohibit a public utility from filing a schedule or establishing

or entering into any reasonable arrangement with another public utility or with one

or more of its customers, consumers, or employees, and do not prohibit a mercantile

customer of an electric distribution utility as those terms are defined in section 4928.01 of the Revised Code or a group of those customers from establishing a reasonable arrangement with that

utility or another public utility electric light company, providing for any of the

following: (A) The division or distribution of its surplus profits; (B) A sliding scale of charges, including variations in rates based upon stipulated variations

in cost as provided in the schedule or arrangement. (C) A minimum charge for service to be rendered unless such minimum charge is made or

prohibited by the terms of the franchise, grant, or ordinance under which such public

utility is operated; (D) A classification of service based upon the quantity used, the time when used, the

purpose for which used, the duration of use, and any other reasonable consideration; (E) Any other financial device that may be practicable or advantageous to the parties

interested.  In the case of a schedule or arrangement concerning a public utility electric light

company, such other financial device may include a device to recover costs incurred

in conjunction with any economic development and job retention program of the utility

within its certified territory, including recovery of revenue foregone as a result

of any such program;  any development and implementation of peak demand reduction

and energy efficiency programs under section 4928.66 of the Revised Code ;  any acquisition and deployment of advanced metering, including the costs of any

meters prematurely retired as a result of the advanced metering implementation;  and

compliance with any government mandate. No such schedule or arrangement is lawful unless it is filed with and approved by

the commission pursuant to an application that is submitted by the public utility

or the mercantile customer or group of mercantile customers of an electric distribution

utility and is posted on the commission's docketing information system and is accessible

through the internet. Every such public utility is required to conform its schedules of rates, tolls, and

charges to such arrangement, sliding scale, classification, or other device, and where

variable rates are provided for in any such schedule or arrangement, the cost data

or factors upon which such rates are based and fixed shall be filed with the commission

in such form and at such times as the commission directs. Every such schedule or reasonable arrangement shall be under the supervision and regulation

of the commission, and is subject to change, alteration, or modification by the commission.