Ohio Administrative Code Title 4901:1 - Utilities
Overview of Title 4901:1 — Utilities
Title 4901:1 of the Ohio Administrative Code sets forth the rules and regulations governing public utilities regulated by the Public Utilities Commission of Ohio (PUCO). These utilities typically include electric, natural gas, water, sewer, and telecommunications providers operating within Ohio.
The purpose of these regulations is to ensure that utilities provide safe, reliable, and reasonably priced services to the public while maintaining fair competition and protecting consumer interests.
Key Areas Covered by Title 4901:1
1. Regulation and Jurisdiction
Defines the scope of PUCO’s jurisdiction over utilities in Ohio.
Establishes licensing and certification requirements for utilities and service providers.
Covers the filing of tariffs, rates, and service terms.
2. Service Quality and Consumer Protection
Requires utilities to maintain adequate service quality and reliability.
Sets standards for customer service, including complaint handling and billing.
Includes provisions for disconnection and reconnection of services, with consumer protections.
3. Rate Setting and Tariffs
Establishes procedures for utility rate cases, including rate design and public participation.
Requires utilities to file tariffs detailing rates, fees, and service rules.
Includes rules about just and reasonable rates under Ohio Revised Code.
4. Safety and Operational Standards
Covers utility infrastructure maintenance and safety requirements.
Includes inspection, reporting, and emergency response obligations.
5. Enforcement and Penalties
Details procedures for investigations, hearings, and enforcement actions against utilities for non-compliance.
Provides for fines, orders to remedy violations, and other sanctions.
Detailed Explanation of Key Provisions with Case Law
A. PUCO’s Jurisdiction and Regulatory Authority
PUCO has broad authority to regulate utilities to protect the public interest.
Case: Ohio Consumers' Counsel v. Public Utilities Commission of Ohio
Facts: The case involved a dispute over the scope of PUCO’s authority to regulate utility rates and service conditions.
Outcome: The Ohio Supreme Court upheld PUCO’s broad regulatory authority under Ohio Revised Code, affirming its power to approve or modify utility rates and oversee service quality.
Legal Principle: PUCO’s jurisdiction is expansive and includes authority to ensure utilities operate fairly and efficiently.
B. Rate Setting and Just and Reasonable Rates
Utilities must charge rates that are just, reasonable, and non-discriminatory. PUCO reviews and approves these rates based on cost-of-service principles.
Case: PUCO v. Ohio Power Co.
Facts: PUCO reviewed Ohio Power’s proposed rate increase and scrutinized cost allocations and service quality.
Outcome: The Commission approved a modified rate increase reflecting fair costs and public interest.
Legal Principle: Rate cases involve balancing utility revenue needs with consumer protections; rates must reflect actual costs and allow reasonable profit.
C. Consumer Protections and Service Quality
Utilities must provide reliable service and handle customer complaints promptly.
Case: In re Complaint of Johnson v. Ohio Gas Company
Facts: Johnson alleged repeated outages and poor customer service.
Outcome: PUCO ordered the utility to improve infrastructure and customer communication, emphasizing accountability.
Legal Principle: Utilities have a duty to provide adequate service and to respond effectively to consumer complaints.
D. Disconnection and Reconnection Rules
Rules regulate when and how utilities may disconnect services, particularly protecting vulnerable customers.
Case: State ex rel. Ohio Consumers' Counsel v. PUCO
Facts: A challenge was made to utility disconnection policies during winter months.
Outcome: PUCO’s rules limiting winter disconnections to protect low-income consumers were upheld.
Legal Principle: Consumer protections may restrict disconnection to prevent undue hardship.
E. Safety and Infrastructure Obligations
Utilities must maintain safe infrastructure and comply with inspections.
Case: PUCO v. Waterworks Company
Facts: Violations related to inadequate pipeline maintenance led to leaks and safety hazards.
Outcome: PUCO imposed fines and required corrective measures.
Legal Principle: Safety obligations are critical, and PUCO enforces compliance strictly to protect public welfare.
Practical Implications
Utilities must comply with licensing, rate filing, and service regulations under PUCO’s oversight.
Consumers have protections related to billing, service quality, and disconnection procedures.
PUCO enforces compliance through investigations and sanctions.
Rate cases involve significant regulatory scrutiny to balance utility and consumer interests.
Safety standards are rigorously monitored and enforced.
Constitutional and Legal Limits
PUCO’s regulatory authority must be exercised within statutory and constitutional boundaries.
Utility rates and regulations must comply with due process and equal protection principles.
Regulatory actions are subject to judicial review for abuse of discretion or lack of evidentiary support.
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