As Reported by the House Public Utilities Committee

128th General Assembly Regular Session 2009-2010

H. B. No. 344

Representatives Goyal, Harris 

Cosponsors: Representatives Garland, Grossman, Harwood, Yuko, Domenick, Hagan, Phillips 

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A BILL

To enact section 4909.181 of the Revised Code to

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limit recovery of rate-case expenses for certain

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water-works and sewage disposal system companies.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4909.181 of the Revised Code be	4
enacted to read as follows:	5

Sec. 4909.181. (A) As used in this section:

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(1) "Rate-case expenses" means any of the following:

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(a) Fees, wages, or other compensation for labor paid to	8
attorneys, consultants, witnesses, or employees in relation to an	9
application for establishment of or change in rates;	10

(b) Expenses for attorneys, consultants, witnesses, or	11
employees in relation to an application for establishment of or	12
change in rates;	13

(c) Costs for preparing studies related to an application	14
for establishment of or change in rates, including lead-lag	15
studies, cost-of-service studies, depreciation studies, and other	16
studies related to an application for establishment of or change	17
in rates;	18

(d) Any other expenses incurred in relation to an	19
application for establishment of or change in rates.	20

(2) "Application for establishment of or change in rates"	21
means an application filed under any of the ratemaking mechanisms	22
referenced in divisions (B) and (C) of this section.	23

(B) No water-works company that serves fifteen thousand or	24
more customers in Ohio, no sewage disposal system company that	25
serves fifteen thousand or more customers in Ohio, and no	26
water-works company that is also a sewage disposal system company	27
that serves a total of fifteen thousand or more customers in Ohio	28
may recover from its customers more than fifty per cent of the	29
total amount of rate-case expenses that it incurs for an	30
application filed under section 4909.18 of the Revised Code.	31

(C) No water-works company that serves fifteen thousand or	32
more customers in Ohio, no sewage disposal system company that	33
serves fifteen thousand or more customers in Ohio, and no	34
water-works company that is also a sewage disposal system company	35
that serves a total of fifteen thousand or more customers in Ohio,	36
and no water-works company that is also a sewage disposal system	37
company that serves a total of fifteen thousand or more customers	38
in Ohio may recover from its customers any of the rate-case	39
expenses that it incurs for an application filed under section	40
4909.16, 4909.171, or 4909.172 of the Revised Code or any other	41
ratemaking mechanism established subsequent to the effective	42
date of this section.	43