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Ohio Revised Code

Ohio Rev. Code § 4909.191 (2026)

Submission of rate or charge adjustments or recalculations after actual data acquired

✓ current as of May 2026
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Effective:
August 14, 2025
Latest Legislation:
House Bill 15 - 136th General Assembly
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(A) If the public utilities commission, under division (D) of section 4909.15 of the Revised Code, incorporated proposed adjustments to revenues and expenses into the commission's determination under that section, the public utility shall, not later than ninety days after actual data for all of the incorporated adjustments becomes known, submit to the commission proposed rate or charge adjustments that provide for the recalculation of rates or charges, reflective of customer-class responsibility, corresponding to the differences, if any, between the incorporated adjustments to revenues and expenses and the actual revenues and expenses associated with the incorporated adjustments.

(B) If the commission incorporated projected value or valuation of property into the commission's determination under division (A)(1)(a) of section 4909.15 of the Revised Code, the natural gas, water-works, or sewage disposal system company shall, not later than ninety days after data for the actual value or valuation as of the date certain becomes known, submit to the commission proposed rate or charge adjustments that provide for the recalculation of rates or charges, reflective of customer-class responsibility, corresponding to the differences, if any, between the projected value or valuation incorporated into the commission's determination and the actual value or valuation as of the date certain.

(C) The commission shall review the proposed rate or charge adjustments submitted under divisions (A) and (B) of this section. The review shall not include a hearing unless the commission finds that the proposed rate or charge adjustments may be unreasonable, in which case the commission may, in its discretion, schedule the matter for a hearing.

(D) The commission shall issue, not later than one hundred fifty days after the date that any proposed rate or charge adjustments are submitted under division (A) or (B) of this section, a final order on the proposed rate or charge adjustments. Any rate or charge adjustments authorized under this division shall be limited to amounts that are not greater than those consistent with the proposed adjustments to revenues and expenses that were incorporated into the commission's determination under division (D) of section 4909.15 of the Revised Code, and not greater than those consistent with the incorporated projected value or valuation. In no event shall rate or charge adjustments authorized under this division be upward.

After the commission has issued such a final order, the public utility, if applicable, shall submit to the commission proposed reconciliation adjustments that refund to customers the difference between the actual revenues collected by the utility under the rates and charges determined by the commission under section 4909.15 of the Revised Code, and the rates or charges recalculated under the adjustments authorized under this division. The reconciliation adjustments shall be effective for a twelve-month period.

(E) The reconciliation adjustments ordered under division (D) of this section may be subject to a final reconciliation by the commission. Any such final reconciliation shall occur after the twelve-month period described in division (D) of this section.

Last updated May 20, 2025 at 10:08 AM

Notes of Decisions
Cited in 9 cases, 1983–1994 · leading case: Montgomery Cnty. Bd. of Commissioners v. Pub. Utils. Comm'n, 503 N.E.2d 167 (Ohio 1986).
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Montgomery Cnty. Bd. of Commissioners v. Pub. Utils. Comm'n, 503 N.E.2d 167 (Ohio 1986). · cites it 7× “16 extend so far as to allow the PUCO to authorize recoupment of PIP arrearages through the EFC rate in apparent contravention of the plain meanings of R.C. 4909.191 and 4905.01. Specifically, appellant does not challenge the PUCO’s authority to allow the utilities to recoup…”
Ohio Edison Co. v. Pub. Utils. Comm'n, 589 N.E.2d 1292 (Ohio 1992). “VI Finally, Ohio Edison claims that the commission erred by adopting a nuclear performance standard in this case.”
State ex rel. Utils. Comm'n v. Thornburg, 353 S.E.2d 413 (N.C. Ct. App. 1987). “185 (1985); Ohio Rev. Code Ann. § 4909.191 (E) (Page 1986); 66 Pa.”
Off. of Consumers' Couns. v. Pub. Utils. Comm'n, 453 N.E.2d 711 (Ohio 1983). · cites it 6× “R.C. 4909.191 (C) 5 requires *472 the utility to demonstrate at the hearing that its acquisition costs 6 and delivery costs 7 were fair, just and reasonable.”
Indus. Energy Consumers of Ohio Power Co. v. Pub. Utils. Comm'n, 68 Ohio St. 3d 559 (Ohio 1994). “Pursuant to R.C. 4909.191(C), Ohio Power has the burden of proving that its fuel acquisition and delivery costs are “fair, just, and reasonable.”
Off. of Consumers' Couns. v. Pub. Utils. Comm'n, 446 N.E.2d 163 (Ohio 1983). · cites it 2× “The procedure for these hearings is set forth in R.C. 4909.191. Pertinent to this appeal is R.”
Off. of Consumers' Couns. v. Pub. Utils. Comm'n, 589 N.E.2d 1273 (Ohio 1992). “R.C. 4909.191 governs EFC proceedings and provides in part: “(C) The electric light company shall demonstrate at the hearing on its fuel component that its acquisition and delivery costs were fair, just, and reasonable.”
Off. of Consumers' Couns. v. Pub. Utils. Comm'n, 493 N.E.2d 1334 (Ohio 1986). · cites it 2× “301, R.C. 4909.191(C) requires the utility to demonstrate that its acquisition and delivery cost were “fair, just, and reasonable.”
Indus. Energy Consumers of Ohio Power Co. v. Pub. Util. Comm., 1994 Ohio 435 (Ohio 1994). “Wright, Assistant Attorneys General, for appellee commission.”
— Ohio Rev. Code § 4909.191(C) — 5 cases
Montgomery Cnty. Bd. of Commissioners v. Pub. Utils. Comm'n, 503 N.E.2d 167 (Ohio 1986). “16 extend so far as to allow the PUCO to authorize recoupment of PIP arrearages through the EFC rate in apparent contravention of the plain meanings of R.C. 4909.191 and 4905.01. Specifically, appellant does not challenge the PUCO’s authority to allow the utilities to recoup…”
Indus. Energy Consumers of Ohio Power Co. v. Pub. Utils. Comm'n, 68 Ohio St. 3d 559 (Ohio 1994). “Pursuant to R.C. 4909.191(C), Ohio Power has the burden of proving that its fuel acquisition and delivery costs are “fair, just, and reasonable.”
Off. of Consumers' Couns. v. Pub. Utils. Comm'n, 446 N.E.2d 163 (Ohio 1983). “The procedure for these hearings is set forth in R.C. 4909.191. Pertinent to this appeal is R.”
Off. of Consumers' Couns. v. Pub. Utils. Comm'n, 493 N.E.2d 1334 (Ohio 1986). “301, R.C. 4909.191(C) requires the utility to demonstrate that its acquisition and delivery cost were “fair, just, and reasonable.”
Indus. Energy Consumers of Ohio Power Co. v. Pub. Util. Comm., 1994 Ohio 435 (Ohio 1994). “Wright, Assistant Attorneys General, for appellee commission.”
— Ohio Rev. Code § 4909.191(C)(5) — 1 case
Montgomery Cnty. Bd. of Commissioners v. Pub. Utils. Comm'n, 503 N.E.2d 167 (Ohio 1986). “16 extend so far as to allow the PUCO to authorize recoupment of PIP arrearages through the EFC rate in apparent contravention of the plain meanings of R.C. 4909.191 and 4905.01. Specifically, appellant does not challenge the PUCO’s authority to allow the utilities to recoup…”
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