Ohio § 4928.05

§ 4928.05.

(A)(1) A competitive retail electric service supplied by an electric services company, or

by an electric utility consistent with section 4928.141 of the Revised Code , shall not be subject to supervision and regulation by a municipal corporation under

Chapter 743. of the Revised Code or by the public utilities commission under Chapters

4901. to 4909., 4933., 4935., and 4963. of the Revised Code, except sections 4905.10

and 4905.31, division (B) of section 4905.33, and sections 4905.35 and 4933.81 to

4933.90;  except sections 4905.06 , 4935.03 , 4963.40 , and 4963.41 of the Revised Code only to the extent related to service reliability and public safety;  and except

as otherwise provided in this chapter.  The commission's authority to enforce those excepted provisions with respect to

a competitive retail electric service shall be such authority as is provided for their

enforcement under Chapters 4901. to 4909., 4933., 4935., and 4963. of the Revised

Code and this chapter.  Nothing in this division shall be construed to limit the commission's authority

under sections 4928.141 , 4928.142 , and 4928.144 of the Revised Code . (2) A competitive retail electric service supplied by an electric cooperative shall not

be subject to supervision and regulation by the commission under Chapters 4901. to

4909., 4933., 4935., and 4963. of the Revised Code, except as otherwise expressly

provided in sections 4928.01 to 4928.10 and 4928.16 of the Revised Code . (B)(1) A noncompetitive retail electric service supplied by an electric utility shall be

subject to supervision and regulation by the commission under Chapters 4901. to 4909.,

4933., 4935., and 4963. of the Revised Code and this chapter, to the extent that authority

is not preempted by federal law.  The commission's authority to enforce those provisions with respect to a noncompetitive

retail electric service shall be the authority provided under those chapters and this

chapter, to the extent the authority is not preempted by federal law.  Notwithstanding Chapters 4905. and 4909. of the Revised Code, commission authority

under this chapter shall include the authority to provide for the recovery, through

a reconcilable rider on an electric distribution utility's distribution rates, of

all transmission and transmission-related costs, including ancillary and congestion

costs, imposed on or charged to the utility by the federal energy regulatory commission

or a regional transmission organization, independent transmission operator, or similar

organization approved by the federal energy regulatory commission. (2) The commission shall exercise its jurisdiction with respect to the delivery of electricity

by an electric utility in this state so as to ensure that no aspect of the delivery

of electricity by the utility to consumers in this state that consists of a noncompetitive

retail electric service is unregulated. (3) A noncompetitive retail electric service supplied by an electric cooperative shall

not be subject to supervision and regulation by the commission under Chapters 4901.

to 4909., 4933., 4935., and 4963. of the Revised Code, except sections 4933.81 to 4933.90 and 4935.03 of the Revised Code .  The commission's authority to enforce those excepted sections with respect to a

noncompetitive retail electric service of an electric cooperative shall be such authority

as is provided for their enforcement under Chapters 4933. and 4935. of the Revised

Code.