Ohio Rev. Code » Chapter 4905
Ohio Revised Code

Ohio Rev. Code § 4905.301 (2026)

Application to recover public way regulation costs

✓ current as of May 2026
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Effective:
April 3, 2025
Latest Legislation:
House Bill 315 - 135th General Assembly
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(A) As used in this section:

(1) "Governmental entity" has the same meaning as in section 9.23 of the Revised Code, except that "governmental entity" excludes a municipal corporation.

(2) "Right of way" means the surface of, and the space within, through, on, across, above, or below any land designated for public use that is owned or controlled by a governmental entity, except that "right of way" includes a public way as defined in section 4939.01 of the Revised Code, and is not a private easement.

(B) A public utility subject to the rate-making jurisdiction of the public utilities commission may file an application with the commission for the accounting authority to classify a cost that meets the requirements of division (C) of this section as a regulatory asset for the purpose of recovering the cost. The commission, by order, shall authorize such accounting authority as may be reasonably necessary to classify the cost as a regulatory asset.

(C) A cost is eligible for recovery as a regulatory asset under this section if the cost is directly incurred by the public utility on or after the effective date of this section as a result of a governmental entity's regulation of the public utility's occupancy or use of a right of way.

(D) If the commission determines, upon an application under division (B) of this section or its own initiative, that classification of a cost described in division (C) of this section as a regulatory asset is not practical or that deferred recovery of that cost would impose a hardship on the public utility or its customers, the commission shall establish a charge and collection mechanism to permit the public utility full recovery of that cost.

(E) Cost recovery authorized as a regulatory asset under this section is not subject to any other provision of law or any agreement establishing price caps, rate freezes, or rate increase moratoria.

(F) The commission shall process applications submitted under this section in the same manner as set forth in divisions (E) and (F) of section 4939.07 of the Revised Code and according to rules adopted under division (G) of that section.

Last updated February 21, 2025 at 11:33 AM

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1983–2026 · leading case: Indus. Energy Consumers of Ohio Power Co. v. Pub. Utils. Comm'n, 68 Ohio St. 3d 559 (Ohio 1994).
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Indus. Energy Consumers of Ohio Power Co. v. Pub. Utils. Comm'n, 68 Ohio St. 3d 559 (Ohio 1994). · cites it 4× “While we reaffirm the general principles enunciated in the above cases, we note that we have also permitted a utility to recover other than its actual fuel acquisition and delivery costs through the EFC rate pursuant to R.C. 4905.301 and 4905.69, 6 when the rate provided…”
Off. of Consumers' Couns. v. Pub. Utils. Comm'n, 589 N.E.2d 1273 (Ohio 1992). · cites it 3× “]” *536 Further, R.C. 4905.301, which grants the commission authority to review EFC rates, provides in part: “Nothing in this section shall preclude the use of a fuel component that creates positive efficiency incentives for minimizing the costs of electric service.”
Off. of Consumers' Couns. v. Pub. Utils. Comm'n, 453 N.E.2d 711 (Ohio 1983). · cites it 2× “R.C. 4905.301 mandates a semiannual hearing to review the fuel component of public utility rate schedules.”
Off. of Consumers' Couns. v. Pub. Utils. Comm'n, 446 N.E.2d 163 (Ohio 1983). “R.C. 4905.301 mandates a semiannual hearing to review the fuel component of public utility rate schedules.”
Indus. Energy Consumers of Ohio Power Co. v. Pub. Util. Comm., 1994 Ohio 435 (Ohio 1994). · cites it 5× “69 to approve the stipulation, and the provision permitting the accelerated recovery of Ohio Power's affiliate mining investment and related liabilities, as an incentive for the company to exercise efficient fuel procurement practices to help minimize the cost of electric…”
In re Application of Duke Energy Ohio, Inc., 2026 Ohio 2064 (Ohio 2026). “This Proceeding: Duke Energy’s Distribution Base-Rate Case {¶ 9} In June 2022, Duke Energy filed an application for an increase in natural-gas distribution rates.”
Off. of Consumers' Couns. v. Pub. Utils. Comm'n, 493 N.E.2d 1334 (Ohio 1986). “At semi-annual hearings to review the fuel component of public utility rate schedules pursuant to R.C. 4905.301, R.C. 4909.191(C) requires the utility to demonstrate that its acquisition and delivery cost were “fair, just, and reasonable.”
— Ohio Rev. Code § 4905.301(C) — 1 case
Off. of Consumers' Couns. v. Pub. Utils. Comm'n, 589 N.E.2d 1273 (Ohio 1992). “]” *536 Further, R.C. 4905.301, which grants the commission authority to review EFC rates, provides in part: “Nothing in this section shall preclude the use of a fuel component that creates positive efficiency incentives for minimizing the costs of electric service.”
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