Ohio Rev. Code » Chapter 4928
Ohio Revised Code

Ohio Rev. Code § 4928.05 (2026)

Extent of exemptions

✓ current as of May 2026
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Effective:
March 20, 2026
Latest Legislation:
Senate Bill 103 - 136th General Assembly
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(A)(1) A competitive retail electric service supplied by an electric services company, or by an electric utility consistent with section 4928.141 of the Revised Code, shall not be subject to supervision and regulation by a municipal corporation under Chapter 743. of the Revised Code or by the public utilities commission under Chapters 4901. to 4909., 4933., 4935., and 4963. of the Revised Code, except sections 4905.10 and 4905.31, division (B) of section 4905.33, and sections 4905.35 and 4933.81 to 4933.90; except sections 4905.06, 4935.03, 4963.40, and 4963.41 of the Revised Code only to the extent related to service reliability and public safety; and except as otherwise provided in this chapter. The commission's authority to enforce those excepted provisions with respect to a competitive retail electric service shall be such authority as is provided for their enforcement under Chapters 4901. to 4909., 4933., 4935., and 4963. of the Revised Code and this chapter. Nothing in this division shall be construed to limit the commission's authority under sections 4928.141, 4928.142, and 4928.144 of the Revised Code.

(2) A competitive retail electric service supplied by an electric cooperative shall not be subject to supervision and regulation by the commission under Chapters 4901. to 4909., 4933., 4935., and 4963. of the Revised Code, except as otherwise expressly provided in sections 4928.01 to 4928.10 and 4928.16 of the Revised Code.

(B)(1) A noncompetitive retail electric service supplied by an electric utility shall be subject to supervision and regulation by the commission under Chapters 4901. to 4909., 4933., 4935., and 4963. of the Revised Code and this chapter, to the extent that authority is not preempted by federal law. The commission's authority to enforce those provisions with respect to a noncompetitive retail electric service shall be the authority provided under those chapters and this chapter, to the extent the authority is not preempted by federal law. Notwithstanding Chapters 4905. and 4909. of the Revised Code, commission authority under this chapter shall include the authority to provide for the recovery, through a reconcilable rider on an electric distribution utility's distribution rates, of all transmission and transmission-related costs, including ancillary and congestion costs, imposed on or charged to the utility by the federal energy regulatory commission or a regional transmission organization, independent transmission operator, or similar organization approved by the federal energy regulatory commission.

(2) The commission shall exercise its jurisdiction with respect to the delivery of electricity by an electric utility in this state so as to ensure that no aspect of the delivery of electricity by the utility to consumers in this state that consists of a noncompetitive retail electric service is unregulated.

(3) A noncompetitive retail electric service supplied by an electric cooperative shall not be subject to supervision and regulation by the commission under Chapters 4901. to 4909., 4933., 4935., and 4963. of the Revised Code, except sections 4933.81 to 4933.90 and 4935.03 of the Revised Code. The commission's authority to enforce those excepted sections with respect to a noncompetitive retail electric service of an electric cooperative shall be such authority as is provided for their enforcement under Chapters 4933. and 4935. of the Revised Code.

Last updated January 20, 2026 at 4:47 PM

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2006–2025 · leading case: In re Application of Ohio Power Co. (Slip Opinion), 2014 Ohio 4271 (Ohio 2014).
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In re Application of Ohio Power Co. (Slip Opinion), 2014 Ohio 4271 (Ohio 2014). · cites it 6× “Rather, IEU claims that the commission authorized the TCRR under R.C. 4928.05. IEU has again failed to demonstrate reversible error.”
In re Application of Ohio Power Co., 2024 Ohio 2890 (Ohio 2024). · cites it 4× “See R.C. 4928.05(A)(1), 4928.31(A)(1), and 4928.”
Ohio Consumers' Couns. v. Pub. Utils. Comm'n, 111 Ohio St. 3d 300 (Ohio 2006). “R.C. 4928.05(A)(1) provides that “[o]n and after the starting date of competitive retail electric service, a competitive retail electric service supplied by an electric utility * * * shall not be subject to supervision and regulation * * * by the public utilities commission…”
In re Application of Ohio Power Co., 2025 Ohio 3034 (Ohio 2025). · cites it 20× “02— R.C. 4928.05—R.C. 4928.143—Adm.Code 4901:1-36-04(B)—In approving continuation of nonbypassable rate design for electric-utility- service provider’s basic-transmission-cost rider in provider’s application for approval of fifth electric-security plan, Public Utilities…”
Indus. Energy Users-Ohio v. Pub. Utils. Comm'n, 117 Ohio St. 3d 486 (Ohio 2008). · cites it 2× “03 specifies that retail electric-generation service is competitive and therefore not subject to commission regulation, and R.C. 4928.05 expressly removes competitive retail electric services from commission regulation.”
Williams v. Duke Energy Int'l, Inc., 606 F. Supp. 2d 783 (S.D. Ohio 2009). · cites it 2× “O.R.C. § 4928.05(A)(1) provides: On and after the starting date of competitive retail electric service, a competitive retail electric service supplied by an electric utility or electric services company shall not be subject to supervision and regulation by a municipal…”
Weaver v. North Am. Power & Gas LLC (N.D. Ohio 2020). “§ 4928.05 (A)(1). The Ohio Revised Code grants PUCO the authority to hear complaints.”
— Ohio Rev. Code § 4928.05(A)(1) — 3 cases
In re Application of Ohio Power Co., 2024 Ohio 2890 (Ohio 2024). “See R.C. 4928.05(A)(1), 4928.31(A)(1), and 4928.”
Ohio Consumers' Couns. v. Pub. Utils. Comm'n, 111 Ohio St. 3d 300 (Ohio 2006). “R.C. 4928.05(A)(1) provides that “[o]n and after the starting date of competitive retail electric service, a competitive retail electric service supplied by an electric utility * * * shall not be subject to supervision and regulation * * * by the public utilities commission…”
Williams v. Duke Energy Int'l, Inc., 606 F. Supp. 2d 783 (S.D. Ohio 2009). “O.R.C. § 4928.05(A)(1) provides: On and after the starting date of competitive retail electric service, a competitive retail electric service supplied by an electric utility or electric services company shall not be subject to supervision and regulation by a municipal…”
— Ohio Rev. Code § 4928.05(A)(2) — 2 cases
In re Application of Ohio Power Co. (Slip Opinion), 2014 Ohio 4271 (Ohio 2014). “Rather, IEU claims that the commission authorized the TCRR under R.C. 4928.05. IEU has again failed to demonstrate reversible error.”
In re Application of Ohio Power Co., 2025 Ohio 3034 (Ohio 2025). “02— R.C. 4928.05—R.C. 4928.143—Adm.Code 4901:1-36-04(B)—In approving continuation of nonbypassable rate design for electric-utility- service provider’s basic-transmission-cost rider in provider’s application for approval of fifth electric-security plan, Public Utilities…”
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