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S. B. No. 391 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To enact sections 4929.16, 4929.161, 4929.162,
4929.163, 4929.164, 4929.165, 4929.166, and
4929.167 of the Revised Code to permit natural gas
companies to apply for an infrastructure
development rider to recover costs of certain
economic development projects.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4929.16, 4929.161, 4929.162,
4929.163, 4929.164, 4929.165, 4929.166, and 4929.167 of the
Revised Code be enacted to read as follows:
Sec. 4929.16. As used in sections 4929.16 to 4929.167 of the
Revised Code:
(A) "Infrastructure development" means constructing
extensions of transmission or distribution facilities that a
natural gas company owns and operates.
(B) "Infrastructure development costs" means the investment
to which both of the following apply:
(1) The investment is in infrastructure development.
(2) The investment is for any deposit required by the natural
gas company, as defined in the line-extension provision of the
company's tariff, less any contribution in aid of construction
received from the owner or developer of the project.
"Infrastructure development costs" includes planning,
development, and construction costs and, if applicable, any
allowance for funds used during construction.
Sec. 4929.161. A natural gas company may file an application
with the public utilities commission for approval of an
infrastructure development rider to recover prudently incurred
infrastructure development costs of one or more economic
development projects approved under section 4929.163 or 4929.164
of the Revised Code.
Sec. 4929.162. Under an infrastructure development rider, in
each calendar year:
(A) The natural gas company may not recover more than two
dollars from any single customer in this state, for all projects
that were approved under section 4929.163 of the Revised Code and
for which recovery was authorized under that rider.
(B) The company may not recover more than one dollar from any
single customer in this state, for all projects that were approved
under section 4929.164 of the Revised Code and for which recovery
was authorized under that rider.
(C) The company shall recover the same amount from every
customer.
Sec. 4929.163. (A) A natural gas company may file an
application with the public utilities commission for approval of
an economic development project. The company shall file the
application prior to beginning the project.
(B) The application for approval shall contain a description
of each of the following:
(1) The economic development project;
(2) The infrastructure development costs to be expended on
the project;
(3) How the project meets the criteria set forth in rules
adopted under division (C) of this section.
(C) The commission shall adopt rules setting forth the
criteria for project approval under this section. The commission
may approve a project under this section if both of the following
apply:
(1) The infrastructure development costs for the project are
projected to generate a return on the company's investment that is
less than the most recently authorized rate of return.
(2) The amount of infrastructure development costs to be
incurred by the company per calendar year, for the project and all
other projects previously approved under this section, is not
projected to exceed the product of two dollars multiplied by the
aggregate number of the company's customers in this state.
(D) The commission shall adopt rules to provide for an
accelerated review of an application filed under division (A) of
this section. The rules shall provide for the automatic approval
of the application not later than thirty days after the date of
the application filing unless the commission suspends the
application for good cause shown. If the application is suspended,
the commission shall approve, deny, modify, or hold a hearing on
the application not later than forty-five days after the date that
the suspension begins.
Sec. 4929.164. (A) A natural gas company may file an
application with the public utilities commission for approval of
an economic development project that has been certified by the
director of development services under the SiteOhio certification
program, pursuant to section 122.9511 of the Revised Code. The
company shall file the application prior to beginning the project.
(B) The commission may approve a project under this section
if both of the following apply:
(1) The infrastructure development costs for the project are
projected to generate a return on the company's investment that is
less than the most recently authorized rate of return.
(2) The amount of infrastructure development costs to be
incurred by the company per calendar year, for the project and all
other projects previously approved under this section, is not
projected to exceed the product of one dollar multiplied by the
aggregate number of the company's customers in this state.
(C) The commission shall adopt rules to provide for an
accelerated review of an application filed under division (A) of
this section. The rules shall provide for the automatic approval
of the application not later than ninety days after the date of
the application filing unless the commission suspends the
application for good cause shown. If the application is suspended,
the commission shall approve, deny, modify, or hold a hearing on
the application not later than forty-five days after the date that
the suspension begins.
Sec. 4929.165. A natural gas company that has established an
infrastructure development rider under section 4929.161 of the
Revised Code shall file an annual report with the public utilities
commission. The report shall do both of the following:
(A) Detail the infrastructure development costs related to
the applicable economic development project or projects;
(B) Set forth the rider rate for the twelve months following
the annual report.
Sec. 4929.166. Any property installed or constructed by a
natural gas company to enable the provision of natural gas service
to an economic development project approved under section 4929.163
or 4929.164 of the Revised Code shall be considered used and
useful in rendering public utility service for purposes of section
4909.15 of the Revised Code.
Sec. 4929.167. The public utilities commission may, at its
discretion, conduct a financial audit of a natural gas company
that has established an infrastructure development rider under
section 4929.161 of the Revised Code to determine if the
infrastructure development costs incurred by the natural gas
company and collected pursuant to the rider are in conformance
with the commission's orders.
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