Ohio § 4939.07

§ 4939.07.

(A) As used in this section, “ most recent ,” with respect to any rate proceeding, means the rate proceeding most immediately

preceding the date of any final order issued by the public utilities commission under

this section. (B)(1) Notwithstanding any other provision of law or any agreement establishing price caps,

rate freezes, or rate increase moratoria, a public utility subject to the rate-making

jurisdiction of the commission may file an application with the commission for, and

the commission shall then authorize by order, timely and full recovery of a public

way fee levied upon and payable by the public utility both after January 1, 2002,

and after the test year of the public utility's most recent rate proceeding or the

initial effective date of rates in effect but not established through a proceeding

for an increase in rates. (2) Any order issued by the commission pursuant to its consideration of an application

under division (B)(1) of this section shall establish a cost recovery mechanism including,

but not limited to, an adder, tracker, rider, or percentage surcharge, for recovering

the amount to be recovered;  specify that amount;  limit the amount to not more and

not less than the amount of the total public way fee incurred;  and require periodic

adjustment of the mechanism based on revenues recovered. (a) In the case of a cost recovery mechanism for a public way fee levied on and payable

by a public utility but determined unreasonable, unjust, unjustly discriminatory,

or unlawful by the commission pursuant to division (C) of section 4939.06 of the Revised Code , the mechanism shall provide for recovery, only from those customers of the public

utility that receive its service within the municipal corporation, of the difference

between that public way fee and the just and reasonable public way fee determined

by the commission under division (C) of section 4939.06 of the Revised Code . (b) In all other cases, recovery shall be from all customers of the public utility generally. (C) In the case of recovery under division (B)(2)(a) or (b) of this section, the recovery

mechanism payable by sale-for-resale or wholesale telecommunications customers shall

provide for recovery limited to any public way fee not included in established rates

and prices for those customers and to the pro rata share of the public way fee applicable

to the portion of the facilities that are sold, leased, or rented to the customers

and are located in the public way.  The recovery shall be in a nondiscriminatory and competitively neutral manner and

prorated on a per-line or per-line equivalent basis among all retail, sale-for-resale,

and wholesale telecommunications customers subject to the recovery. (D)(1) Notwithstanding any other provision of law or any agreement establishing price caps,

rate freezes, or rate increase moratoria, a public utility subject to the rate-making

jurisdiction of the commission may file an application with the commission for, and

the commission by order shall authorize, such accounting authority as may be reasonably

necessary to classify any cost described in division (D)(2) of this section as a regulatory

asset for the purpose of recovering that cost. (2) A cost eligible for recovery under division (D) of this section shall be only such

cost as meets both of the following: (a) The cost is directly incurred by the public utility as a result of municipal corporation

regulation of its occupancy or use of a public way or an appropriate allocation and

assignment of costs related to implementation of this section, excluding any cost

arising from a public way fee levied upon and payable by the public utility. (b) The cost is incurred by the public utility both after January 1, 2002, and after

the test year of the public utility's most recent rate proceeding or the initial effective

date of rates in effect but not established through a proceeding for an increase in

rates. (3) If the commission determines, upon an application under division (D)(1) of this section

or its own initiative, that classification of a cost described in division (D)(2)

of this section as a regulatory asset is not practical or that deferred recovery of

that cost would impose a hardship on the public utility or its customers, the commission

shall establish a charge and collection mechanism to permit the public utility full

recovery of that cost.  A hardship shall be presumed for any public utility with less than fifteen thousand

bundled sales service customers in this state and for any public utility for which

the annualized aggregate amount of additional cost that otherwise may be eligible

for such classification exceeds the greater of five hundred thousand dollars or fifteen

per cent of the total costs that are described in division (D)(2)(a) of this section

and were considered by the commission for the purpose of establishing rates in the

public utility's most recent rate increase proceeding or the rate increase proceeding

of the public utility's predecessor, whichever is later. (E) Any application submitted to the commission under divisions (B) to (D) of this section

shall be processed by the commission as an application not for an increase in rates

under section 4909.18 of the Revised Code .  The application shall include such information as the commission reasonably requires.  The commission shall conclude its consideration of the application and issue a final

order not later than one hundred twenty days after the date that the application was

submitted to the commission.  A final order regarding a recovery mechanism authorized pursuant to this section

shall provide for such retroactive adjustment as the commission determines appropriate. (F) A public utility shall not be required to waive any rights under this section as

a condition of occupancy or use of a public way. (G) The commission may issue such rules as it considers necessary to carry out this section.