Effective: March 27, 2013
Latest Legislation: House Bill 379 - 129th General Assembly
If the proceeding on an application filed with the public utilities commission under section 4909.18 of the Revised Code by any public utility requesting an increase on any rate, joint rate, toll, classification, charge, or rental or requesting a change in a regulation or practice affecting the same has not been concluded and an order entered pursuant to section 4909.19 of the Revised Code at the expiration of two hundred seventy-five days from the date of filing the application, an increase not to exceed the proposed increase shall go into effect upon the filing of a bond or a letter of credit by the public utility. The bond or letter of credit shall be filed with the commission and shall be payable to the state for the use and benefit of the customers affected by the proposed increase or change.
An affidavit attached to the bond or letter of credit must be signed by two of the officers of the utility, under oath, and must contain a promise on behalf of the utility to refund any amounts collected by the utility over the rate, joint rate, toll, classification, charge, or rental, as determined in the final order of the commission. All refunds shall include interest at the rate stated in section 1343.03 of the Revised Code. The refund shall be in the form of a temporary reduction in rates following the final order of the commission, and shall be accomplished in such manner as shall be prescribed by the commission in its final order. The commission shall exercise continuing and exclusive jurisdiction over such refunds.
If the public utilities commission has not entered a final order within five hundred forty-five days from the date of the filing of an application for an increase in rates under section 4909.18 of the Revised Code, a public utility shall have no obligation to make a refund of amounts collected after the five hundred forty-fifth day which exceed the amounts authorized by the commission's final order.
Nothing in this section shall be construed to mitigate any duty of the commission to issue a final order under section 4909.19 of the Revised Code.
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.