Ohio Code § 4928.06

§ 4928.06.

(A) Beginning on the starting date of competitive retail electric service, the public

utilities commission shall ensure that the policy specified in section 4928.02 of the Revised Code is effectuated.  To the extent necessary, the commission shall adopt rules to carry out this chapter.  Initial rules necessary for the commencement of the competitive retail electric

service under this chapter shall be adopted within one hundred eighty days after the

effective date of this section.  Except as otherwise provided in this chapter, the proceedings and orders of the

commission under the chapter shall be subject to and governed by Chapter 4903. of

the Revised Code. (B) If the commission determines, on or after the starting date of competitive retail

electric service, that there is a decline or loss of effective competition with respect

to a competitive retail electric service of an electric utility, which service was

declared competitive by commission order issued pursuant to division (A) of section 4928.04 of the Revised Code , the commission shall ensure that that service is provided at compensatory, fair,

and nondiscriminatory prices and terms and conditions. (C) In addition to its authority under section 4928.04 of the Revised Code and divisions (A) and (B) of this section, the commission, on an ongoing basis, shall

monitor and evaluate the provision of retail electric service in this state for the

purpose of discerning any noncompetitive retail electric service that should be available

on a competitive basis on or after the starting date of competitive retail electric

service pursuant to a declaration in the Revised Code, and for the purpose of discerning

any competitive retail electric service that is no longer subject to effective competition

on or after that date.  Upon such evaluation, the commission periodically shall report its findings and

any recommendations for legislation to the standing committees of both houses of the

general assembly that have primary jurisdiction regarding public utility legislation. (D) In determining, for purposes of division (B) or (C) of this section, whether there

is effective competition in the provision of a retail electric service or reasonably

available alternatives for that service, the commission shall consider factors including,

but not limited to, all of the following: (1) The number and size of alternative providers of that service; (2) The extent to which the service is available from alternative suppliers in the relevant

market; (3) The ability of alternative suppliers to make functionally equivalent or substitute

services readily available at competitive prices, terms, and conditions; (4) Other indicators of market power, which may include market share, growth in market

share, ease of entry, and the affiliation of suppliers of services. The burden of proof shall be on any entity requesting, under division (B) or (C) of

this section, a determination by the commission of the existence of or a lack of effective

competition or reasonably available alternatives. (E)(1) Beginning on the starting date of competitive retail electric service, the commission

has authority under Chapters 4901. to 4909. of the Revised Code, and shall exercise

that authority, to resolve abuses of market power by any electric utility that interfere

with effective competition in the provision of retail electric service. (2) In addition to the commission's authority under division (E)(1) of this section,

the commission, beginning the first year after the market development period of a

particular electric utility and after reasonable notice and opportunity for hearing,

may take such measures within a transmission constrained area in the utility's certified

territory as are necessary to ensure that retail electric generation service is provided

at reasonable rates within that area.  The commission may exercise this authority only upon findings that an electric utility

is or has engaged in the abuse of market power and that that abuse is not adequately

mitigated by rules and practices of any independent transmission entity controlling

the transmission facilities.  Any such measure shall be taken only to the extent necessary to protect customers

in the area from the particular abuse of market power and to the extent the commission's

authority is not preempted by federal law.  The measure shall remain in effect until the commission, after reasonable notice

and opportunity for hearing, determines that the particular abuse of market power

has been mitigated. (F) An electric utility, electric services company, electric cooperative, or governmental

aggregator subject to certification under section 4928.08 of the Revised Code shall provide the commission with such information, regarding a competitive retail

electric service for which it is subject to certification, as the commission considers

necessary to carry out this chapter.  An electric utility shall provide the commission with such information as the commission

considers necessary to carry out divisions (B) to (E) of this section.  The commission shall take such measures as it considers necessary to protect the

confidentiality of any such information. The commission shall require each electric utility to file with the commission on

and after the starting date of competitive retail electric service an annual report

of its intrastate gross receipts and sales of kilowatt hours of electricity, and shall

require each electric services company, electric cooperative, and governmental aggregator

subject to certification to file an annual report on and after that starting date

of such receipts and sales from the provision of those retail electric services for

which it is subject to certification.  For the purpose of the reports, sales of kilowatt hours of electricity are deemed

to occur at the meter of the retail customer.