|
|
| To enact sections 4929.16, 4929.161, 4929.162, | 1 |
| 4929.163, 4929.164, 4929.165, 4929.166, and | 2 |
| 4929.167 of the Revised Code to permit natural gas | 3 |
| companies to apply for an infrastructure | 4 |
| development rider to recover costs of certain | 5 |
| economic development projects. | 6 |
| Section 1. That sections 4929.16, 4929.161, 4929.162, | 7 |
| 4929.163, 4929.164, 4929.165, 4929.166, and 4929.167 of the | 8 |
| Revised Code be enacted to read as follows: | 9 |
| Sec. 4929.16. As used in sections 4929.16 to 4929.167 of the | 10 |
| Revised Code: | 11 |
| (A) "Infrastructure development" means constructing | 12 |
| extensions of transmission or distribution facilities that a | 13 |
| natural gas company owns and operates. | 14 |
| (B) "Infrastructure development costs" means the investment | 15 |
| to which both of the following apply: | 16 |
| (1) The investment is in infrastructure development. | 17 |
| (2) The investment is for any deposit required by the natural | 18 |
| gas company, as defined in the line-extension provision of the | 19 |
| company's tariff, less any contribution in aid of construction | 20 |
| received from the owner or developer of the project. | 21 |
| "Infrastructure development costs" includes planning, | 22 |
| development, and construction costs and, if applicable, any | 23 |
| allowance for funds used during construction. | 24 |
| Sec. 4929.161. A natural gas company may file an application | 25 |
| with the public utilities commission for approval of an | 26 |
| infrastructure development rider to recover prudently incurred | 27 |
| infrastructure development costs of one or more economic | 28 |
| development projects approved under section 4929.163 or 4929.164 | 29 |
| of the Revised Code. | 30 |
| Sec. 4929.162. Under an infrastructure development rider, in | 31 |
| each calendar year: | 32 |
| (A) The natural gas company may not recover more than two | 33 |
| dollars from any single customer in this state, for all projects | 34 |
| that were approved under section 4929.163 of the Revised Code and | 35 |
| for which recovery was authorized under that rider. | 36 |
| (B) The company may not recover more than one dollar from any | 37 |
| single customer in this state, for all projects that were approved | 38 |
| under section 4929.164 of the Revised Code and for which recovery | 39 |
| was authorized under that rider. | 40 |
| (C) The company shall recover the same amount from every | 41 |
| customer. | 42 |
| Sec. 4929.163. (A) A natural gas company may file an | 43 |
| application with the public utilities commission for approval of | 44 |
| an economic development project. The company shall file the | 45 |
| application prior to beginning the project. | 46 |
| (B) The application for approval shall contain a description | 47 |
| of each of the following: | 48 |
| (1) The economic development project; | 49 |
| (2) The infrastructure development costs to be expended on | 50 |
| the project; | 51 |
| (3) How the project meets the criteria set forth in rules | 52 |
| adopted under division (C) of this section. | 53 |
| (C) The commission shall adopt rules setting forth the | 54 |
| criteria for project approval under this section. The commission | 55 |
| may approve a project under this section if both of the following | 56 |
| apply: | 57 |
| (1) The infrastructure development costs for the project are | 58 |
| projected to generate a return on the company's investment that is | 59 |
| less than the most recently authorized rate of return. | 60 |
| (2) The amount of infrastructure development costs to be | 61 |
| incurred by the company per calendar year, for the project and all | 62 |
| other projects previously approved under this section, is not | 63 |
| projected to exceed the product of two dollars multiplied by the | 64 |
| aggregate number of the company's customers in this state. | 65 |
| (D) The commission shall adopt rules to provide for an | 66 |
| accelerated review of an application filed under division (A) of | 67 |
| this section. The rules shall provide for the automatic approval | 68 |
| of the application not later than thirty days after the date of | 69 |
| the application filing unless the commission suspends the | 70 |
| application for good cause shown. If the application is suspended, | 71 |
| the commission shall approve, deny, modify, or hold a hearing on | 72 |
| the application not later than forty-five days after the date that | 73 |
| the suspension begins. | 74 |
| Sec. 4929.164. (A) A natural gas company may file an | 75 |
| application with the public utilities commission for approval of | 76 |
| an economic development project that has been certified by the | 77 |
| director of development services under the SiteOhio certification | 78 |
| program, pursuant to section 122.9511 of the Revised Code. The | 79 |
| company shall file the application prior to beginning the project. | 80 |
| (B) The commission may approve a project under this section | 81 |
| if both of the following apply: | 82 |
| (1) The infrastructure development costs for the project are | 83 |
| projected to generate a return on the company's investment that is | 84 |
| less than the most recently authorized rate of return. | 85 |
| (2) The amount of infrastructure development costs to be | 86 |
| incurred by the company per calendar year, for the project and all | 87 |
| other projects previously approved under this section, is not | 88 |
| projected to exceed the product of one dollar multiplied by the | 89 |
| aggregate number of the company's customers in this state. | 90 |
| (C) The commission shall adopt rules to provide for an | 91 |
| accelerated review of an application filed under division (A) of | 92 |
| this section. The rules shall provide for the automatic approval | 93 |
| of the application not later than ninety days after the date of | 94 |
| the application filing unless the commission suspends the | 95 |
| application for good cause shown. If the application is suspended, | 96 |
| the commission shall approve, deny, modify, or hold a hearing on | 97 |
| the application not later than forty-five days after the date that | 98 |
| the suspension begins. | 99 |
| Sec. 4929.165. A natural gas company that has established an | 100 |
| infrastructure development rider under section 4929.161 of the | 101 |
| Revised Code shall file an annual report with the public utilities | 102 |
| commission. The report shall do both of the following: | 103 |
| (A) Detail the infrastructure development costs related to | 104 |
| the applicable economic development project or projects; | 105 |
| (B) Set forth the rider rate for the twelve months following | 106 |
| the annual report. | 107 |
| Sec. 4929.166. Any property installed or constructed by a | 108 |
| natural gas company to enable the provision of natural gas service | 109 |
| to an economic development project approved under section 4929.163 | 110 |
| or 4929.164 of the Revised Code shall be considered used and | 111 |
| useful in rendering public utility service for purposes of section | 112 |
| 4909.15 of the Revised Code. | 113 |
| Sec. 4929.167. The public utilities commission may, at its | 114 |
| discretion, conduct a financial audit of a natural gas company | 115 |
| that has established an infrastructure development rider under | 116 |
| section 4929.161 of the Revised Code to determine if the | 117 |
| infrastructure development costs incurred by the natural gas | 118 |
| company and collected pursuant to the rider are in conformance | 119 |
| with the commission's orders. | 120 |