Effective: April 5, 2019
Latest Legislation: House Bill 422 - 132nd General Assembly
As used in this section:
(A) A "lease purchase agreement" is an agreement pursuant to which a public utility leasing property is required to make rental payments for the term of the agreement and either the utility is granted the right to purchase the property upon the completion of the term of the agreement and upon the payment of an additional fixed sum of money or title to the property vests in the utility upon the making of the final rental payment.
(B) A "leaseback" is the sale or transfer of property by a public utility to another person contemporaneously followed by the leasing of the property to the public utility on a long-term basis.
(C) The public utilities commission shall prescribe the form and details of the valuation report of the property of each public utility or railroad in the state. Such report shall include all the kinds and classes of property, with the value of each, owned, held, or, with respect to a natural gas, water-works, or sewage disposal system company, projected to be owned or held as of the date certain, by each public utility or railroad used and useful, or, with respect to a natural gas, water-works, or sewage disposal system company, projected to be used and useful as of the date certain, for the service and convenience of the public. Such report shall contain the following facts in detail:
(1) The original cost of each parcel of land owned in fee and in use, or, with respect to a natural gas, water-works, or sewage disposal system company, projected to be owned in fee and in use as of the date certain, determined by the commission; and also a statement of the conditions of acquisition, whether by direct purchase, by donation, by exercise of the power of eminent domain, or otherwise;
(2) The actual acquisition cost, not including periodic rental fees, of rights-of-way, trailways, or other land rights held, or, with respect to a natural gas, water-works, or sewage disposal system company, projected to be held as of the date certain, by virtue of easements, leases, or other forms of grants of rights as to usage;
(3) The original cost of all other kinds and classes of property used and useful, or, with respect to a natural gas, water-works, or sewage disposal system company, projected to be used and useful as of the date certain, in the rendition of service to the public. S ubject to section 4909.052 of the Revised Code, such original costs of property, other than land owned in fee, shall be the cost, as determined to be reasonable by the commission, to the person that first dedicated or dedicates the property to the public use and shall be set forth in property accounts and subaccounts as prescribed by the commission. To the extent that the costs of property comprising a coal research and development facility, as defined in section 1555.01 of the Revised Code, or a coal development project, as defined in section 1551.30 of the Revised Code, have been allowed for recovery as Ohio coal research and development costs under section 4905.304 of the Revised Code, none of those costs shall be included as a cost of property under this division.
(4) The cost of property constituting all or part of a project leased to or used by the utility, or, with respect to a natural gas, water-works, or sewage disposal system company, projected to be leased to or used by the utility as of the date certain, under Chapter 165., 3706., 6121., or 6123. of the Revised Code and not included under division (C)(3) of this section exclusive of any interest directly or indirectly paid by the utility with respect thereto whether or not capitalized;
(5) In the discretion of the commission, the cost to a utility, in an amount determined to be reasonable by the commission, of property constituting all or part of a project leased to the utility, or, with respect to a natural gas, water-works, or sewage disposal system company, projected to be leased to the utility as of the date certain, under a lease purchase agreement or a leaseback and not included under division (C)(3) of this section exclusive of any interest directly or indirectly paid by the utility with respect thereto whether or not capitalized;
(6) The proper and adequate reserve for depreciation, as determined to be reasonable by the commission;
(7) Any sums of money or property that the company may have received, or, with respect to a natural gas, water-works, or sewage disposal system company, is projected to receive as of the date certain, as total or partial defrayal of the cost of its property;
(8) The valuation of the property of the company, which shall be the sum of the amounts contained in the report pursuant to divisions (C)(1) to (5) of this section, less the sum of the amounts contained in the report pursuant to divisions (C)(6) and (7) of this section.
The report shall show separately the property used and useful to such public utility or railroad in the furnishing of the service to the public, the property held by such public utility or railroad for other purposes, and the property projected to be used and useful to or held by a natural gas, water-works, or sewage disposal system company as of the date certain, and such other items as the commission considers proper. The commission may require an additional report showing the extent to which the property is used and useful, or, with respect to a natural gas, water-works, or sewage disposal system company, projected to be used and useful as of the date certain. Such reports shall be filed in the office of the commission for the information of the governor and the general assembly.
Structure Ohio Revised Code
Chapter 4909 | Public Utilities Commission - Fixation of Rates
Section 4909.01 | Public Utilities Commission - Fixation of Rates Definitions.
Section 4909.02 | Regulations and Practices Prescribed by Commission Prima-Facie Reasonable.
Section 4909.03 | Effect of Rates Fixed by Commission.
Section 4909.04 | Valuation of Property to Determine Justice of Rates.
Section 4909.05 | Report of Valuation of Property.
Section 4909.051 | Definitions for Sections 4909.052 to 4909.055.
Section 4909.053 | Appraisals.
Section 4909.054 | List of Utility-Valuation Experts.
Section 4909.055 | Cost of Obtaining Valuations.
Section 4909.057 | Deferral of Post-in-Service Carrying Costs.
Section 4909.059 | Construction of Sections.
Section 4909.06 | Additional Facts.
Section 4909.07 | Revision and Correction of Valuations.
Section 4909.08 | Notice and Hearing Before Valuation Becomes Final.
Section 4909.09 | Ascertainment of Valuation.
Section 4909.10 | Hearing to Ascertain Value of Property - Notice.
Section 4909.11 | Filing and Review of Findings.
Section 4909.12 | Admissibility of Findings in Evidence.
Section 4909.13 | Additional Hearings.
Section 4909.14 | Wrongful Valuation.
Section 4909.15 | Fixation of Reasonable Rate.
Section 4909.151 | Consideration of Costs Attributable to Service.
Section 4909.152 | Consideration of Efficiency, Sufficiency, Adequacy of Facilities.
Section 4909.153 | Hearing Service Complaints.
Section 4909.155 | Filing Report on Bonds, Stock and Money.
Section 4909.156 | Filing Report Showing Property Valuation.
Section 4909.16 | Power to Amend, Alter, or Suspend Schedule of Rates.
Section 4909.161 | Recovering Increased Excise Tax Levy and Kilowatt-Hour Tax.
Section 4909.17 | Approval Required for Change in Rate.
Section 4909.172 | Application for Approval to Collect Infrastructure Improvement Surcharge.
Section 4909.18 | Application to Establish or Change Rate.
Section 4909.19 | Publication of Notice - Investigation.
Section 4909.20 | Regulation of Freight Charges.
Section 4909.21 | Rules and Regulations Relative to Carload Shipments of Livestock.
Section 4909.22 | Rates Shall Be Just and Reasonable.
Section 4909.23 | Special Contract Rates.
Section 4909.24 | Complaints and Hearings.
Section 4909.25 | Separate Hearings.
Section 4909.26 | Commission May Change Unreasonable Rate.
Section 4909.27 | Investigating Rates Upon Its Own Motion.
Section 4909.28 | Commission May Change Rate or Service.
Section 4909.29 | Copies of Orders to Be Supplied Railroad.
Section 4909.30 | Commission May Rescind or Amend an Order.
Section 4909.31 | Supplemental Order as to Railroads.
Section 4909.32 | Commission May Fix Joint Rate.
Section 4909.33 | Supplemental Order as to Public Utilities.
Section 4909.35 | Failure of Municipal Corporation to Fix Rates.
Section 4909.36 | Hearing Upon Accepted Rates - Procedure.
Section 4909.37 | Hearing Where Cause of Action Arose.
Section 4909.38 | Complaint, Appeal, or Notification Requirements.
Section 4909.39 | Findings as to Rate - Valuation of Property.
Section 4909.40 | Certain Rates, Fares, Regulations, and Prices Excepted.
Section 4909.42 | Commission Fails to Issue Timely Order.
Section 4909.43 | Filing Rate Increase Application.
Section 4909.45 | Information Furnished by Gas or Natural Gas Company to Municipal Corporation.