Ohio Code § 4928.662

§ 4928.662.

For the purpose of measuring and determining compliance with the energy efficiency

and peak demand reduction requirements under section 4928.66 of the Revised Code , the public utilities commission shall count and recognize compliance as follows: (A) Energy efficiency savings and peak demand reduction achieved through actions taken

by customers or through electric distribution utility programs that comply with federal

standards for either or both energy efficiency and peak demand reduction requirements,

including resources associated with such savings or reduction that are recognized

as capacity resources by the regional transmission organization operating in Ohio

in compliance with section 4928.12 of the Revised Code , shall count toward compliance with the energy efficiency and peak demand reduction

requirements. (B) Energy efficiency savings and peak demand reduction achieved on and after the effective

date of S.B. 310 of the 130th general assembly shall be measured on the higher of

an as found or deemed basis, except that, solely at the option of the electric distribution

utility, such savings and reduction achieved since 2006 may also be measured using

this method.  For new construction, the energy efficiency savings and peak demand reduction shall

be counted based on 2008 federal standards, provided that when new construction replaces

an existing facility, the difference in energy consumed, energy intensity, and peak

demand between the new and replaced facility shall be counted toward meeting the energy

efficiency and peak demand reduction requirements. (C) The commission shall count both the energy efficiency savings and peak demand reduction

on an annualized basis. (D) The commission shall count both the energy efficiency savings and peak demand reduction

on a gross savings basis. (E) The commission shall count energy efficiency savings and peak demand reductions associated

with transmission and distribution infrastructure improvements that reduce line losses.  No energy efficiency or peak demand reduction achieved under division (E) of this

section shall qualify for shared savings. (F) Energy efficiency savings and peak demand reduction amounts approved by the commission

shall continue to be counted toward achieving the energy efficiency and peak demand

reduction requirements as long as the requirements remain in effect. (G) Any energy efficiency savings or peak demand reduction amount achieved in excess

of the requirements may, at the discretion of the electric distribution utility, be

banked and applied toward achieving the energy efficiency or peak demand reduction

requirements in future years.