Ohio § 4928.17

§ 4928.17.

(A) Except as otherwise provided in sections 4928.141 or 4928.142 or 4928.31 to 4928.40 of the Revised Code , no electric utility shall engage in this state, either directly or through an affiliate,

in the businesses of supplying a noncompetitive retail electric service and supplying

a product or service other than retail electric service, unless the utility implements

and operates under a corporate separation plan that is approved by the public utilities

commission under this section, is consistent with the policy specified in section 4928.02 of the Revised Code , and achieves all of the following: (1) The plan provides, at minimum, for the provision of the nonelectric product or service

through a fully separated affiliate of the utility, and the plan includes separate

accounting requirements, the code of conduct as ordered by the commission pursuant

to a rule it shall adopt under division (A) of section 4928.06 of the Revised Code , and such other measures as are necessary to effectuate the policy specified in section 4928.02 of the Revised Code . (2) The plan satisfies the public interest in preventing the abuse of market power. (3) The plan is sufficient to ensure that the utility will not extend any undue preference

or advantage to any affiliate, division, or part of its own business engaged in the

business of supplying the nonelectric product or service, including, but not limited

to, utility resources such as trucks, tools, office equipment, office space, supplies,

customer and marketing information, advertising, billing and mailing systems, personnel,

and training, without compensation based upon fully loaded embedded costs charged

to the affiliate;  and to ensure that any such affiliate, division, or part will not

receive undue preference or advantage from any affiliate, division, or part of the

business engaged in business of supplying the noncompetitive retail electric service.  No such utility, affiliate, division, or part shall extend such undue preference. (B) The commission may approve, modify and approve, or disapprove a corporate separation

plan filed with the commission under division (A) of this section.  As part of the code of conduct required under division (A)(1) of this section, the

commission shall adopt rules pursuant to division (A) of section 4928.06 of the Revised Code regarding corporate separation and procedures for plan filing and approval.  The rules shall include limitations on affiliate practices solely for the purpose

of maintaining a separation of the affiliate's business from the business of the utility

to prevent abuse of market power by virtue of that relationship.  The rules also shall include an opportunity for any person having a real and substantial

interest in the corporate separation plan to file specific objections to the plan

and propose specific responses to issues raised in the objections, which objections

and responses the commission shall address in its final order.  Prior to commission approval of the plan, the commission shall afford a hearing

upon those aspects of the plan that the commission determines reasonably require a

hearing.  The commission may reject and require refiling of a substantially inadequate plan

under this section. (C) The commission shall issue an order approving or modifying and approving a corporate

separation plan under this section, to be effective on the date specified in the order,

only upon findings that the plan reasonably complies with the requirements of division

(A) of this section and will provide for ongoing compliance with the policy specified

in section 4928.02 of the Revised Code .  However, for good cause shown, the commission may issue an order approving or modifying

and approving a corporate separation plan under this section that does not comply

with division (A)(1) of this section but complies with such functional separation

requirements as the commission authorizes to apply for an interim period prescribed

in the order, upon a finding that such alternative plan will provide for ongoing compliance

with the policy specified in section 4928.02 of the Revised Code . (D) Any party may seek an amendment to a corporate separation plan approved under this

section, and the commission, pursuant to a request from any party or on its own initiative,

may order as it considers necessary the filing of an amended corporate separation

plan to reflect changed circumstances.