(A) All
electric utilities and affected electric services companies
shall
will
ensure
that, by the end of the year 2027 and each
year thereafter, electricity from qualifying renewable energy resources
equals the benchmarks set forth in division (B)(2) of section
4928.64 of the Revised Code
are met. Non-electric sources as permitted by law
and certified by the commission may be used to satisfy
the renewable energy resource requirements.
(1) The qualifying renewable energy
resources implemented by the utility or company shall be met either through
facilities located in this state or with resources that can be shown to be
deliverable into this state.
(2) The qualifying electricity or
non-electric source supplied from renewable energy resources, including solar
energy resources, shall be provided in accordance with the annual benchmarks
detailed in division (B)(2) of section 4928.64 of the Revised
Code.
(3) All costs incurred by an
electric utility in complying with the requirements of section 4928.64 of the
Revised Code shall be avoidable by any consumer that has exercised choice of
electricity supplier during such time that a customer is served by an electric
services company.
(B) The baseline for compliance with the
qualified renewable energy resource requirements of section
4928.64 of the Revised Code
shall be determined as follows:
(1) For
electric utilities, the baseline shall be computed using one of the following
methodologies:
(a) The average of total
kilowatt hours sold by the utility in the preceding three calendar years to any
and all retail electric customers whose electric load centers are served by
that electric utility and are located within the electric utility's certified
territory.
(b) The total kilowatt
hours sold to any and all retail electric consumers whose electric load centers
are served by that utility and are located within the utility's certified
territory in the applicable compliance year. An electric utility that opts to
use this methodology may in subsequent compliance years switch to the
methodology described in paragraph (B)(1)(a) of this rule, but in so doing, the
electric utility shall be required to use the methodology described in
paragraph (B)(1)(a) of this rule for at least three consecutive compliance
years.
(c) The annual sales used to
compute the baseline under methodologies listed in paragraph (B)(1)(a) or
(B)(1)(b) of this rule shall be based upon the annual sales as reported in the
electric utility's forecast reports or reporting forms.
(2) For electric services companies, the
baseline shall be computed using one of the following methodologies:
(a) The average of total kilowatt hours sold
annually by the company in the preceding three calendar years to any and all
retail electric consumers served by the company in the state. If an electric
services company has not been continuously supplying Ohio retail electric
customers during the preceding three calendar years, the baseline shall be
computed as an average of annual sales data for all calendar years during the
preceding three years in which the electric services company was serving retail
customers.
(b) The total number of
kilowatt hours sold to any and all retail electric customers who are served by
the company and are located within this state during the compliance year. An
electric services company that opts to use this methodology may in subsequent
compliance years switch to the methodology described in paragraph (B)(2)(a) of
this rule, but in so doing, the electric services company shall be required to
use the methodology described in paragraph (B)(2)(a) of this rule for at least
three consecutive compliance years.
(c) The annual sales used to compute the
baseline under methodologies in paragraphs (B)(2)(a) and (B)(2)(b) of this rule
shall be based upon the annual sales as reported in the electric services
company's "Annual Reports for Fiscal Assessment" or as otherwise directed by
the commission.
(3) An
electric utility or electric services company may request a reduced baseline to
reflect new economic growth in its service territory or service area. A company
requesting a reduced baseline shall file an application with the commission
seeking approval for such reduction.
Notes
Ohio Admin. Code
4901:1-40-03
Effective:
6/15/2023
Five Year Review (FYR) Dates:
3/26/2025
Promulgated Under:
111.15
Statutory
Authority: 4901.13,
4905.04,
4905.06,
4928.02, and
4928.64
Rule
Amplifies: 4928.64
Prior
Effective Dates: 12/10/2009, 03/26/2020
