Ohio Rev. Code » Chapter 4928 - Ohio Revised Code | Ohio Laws

Ohio Rev. Code § 4928.31

Transition plan

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Effective:
July 31, 2008
Latest Legislation:
Senate Bill 221 - 127th General Assembly
PDF:
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(A) Not later than ninety days after the effective date of this section, an electric utility supplying retail electric service in this state on that date shall file with the public utilities commission a plan for the utility's provision of retail electric service in this state during the market development period. This transition plan shall be in such form as the commission shall prescribe by rule adopted under division (A) of section 4928.06 of the Revised Code and shall include all of the following:

(1) A rate unbundling plan that specifies, consistent with divisions (A)(1) to (7) of section 4928.34 of the Revised Code and any rules adopted by the commission under division (A) of section 4928.06 of the Revised Code, the unbundles components for electric generation, transmission, and distribution service and such other unbundled service components as the commission requires, to be charged by the utility beginning on the starting date of competitive retail electric service and that includes information the commission requires to fix and determine those components;

(2) A corporate separation plan consistent with section 4928.17 of the Revised Code and any rules adopted by the commission under division (A) of section 4928.06 of the Revised Code;

(3) Such plan or plans as the commission requires to address operational support systems and any other technical implementation issues pertaining to competitive retail electric service consistent with any rules adopted by the commission under division (A) of section 4928.06 of the Revised Code;

(4) An employee assistance plan for providing severance, retraining, early retirement, retention, outplacement, and other assistance for the utility's employees whose employment is affected by electric industry restructuring under this chapter;

(5) A consumer education plan consistent with former section 4928.42 of the Revised Code and any rules adopted by the commission under division (A) of section 4928.06 of the Revised Code.

A transition plan under this section may include tariff terms and conditions to address reasonable requirements for changing suppliers, length of commitment by a customer for service, and such other matters as are necessary to accommodate electric restructuring. Additionally, a transition plan under this section may include an application for the opportunity to receive transition revenues as authorized under sections 4928.31 to 4928.40 of the Revised Code, which application shall be consistent with those sections and any rules adopted by the commission under division (A) of section 4928.06 of the Revised Code. The transition plan also may include a plan for the independent operation of the utility's transmission facilities consistent with section 4928.12 of the Revised Code, division (A)(13) of section 4928.34 of the Revised Code, and any rules adopted by the commission under division (A) of section 4928.06 of the Revised Code.

The commission may reject and require refiling, in whole or in part, of any substantially inadequate transition plan.

(B) The electric utility shall provide public notice of its filing under division (A) of this section, in a form and manner that the commission shall prescribe by rule adopted under division (A) of section 4928.06 of the Revised Code. However, the adoption of rules regarding the public notice under this division, regarding the form of the transition plan under division (A) of this section, and regarding procedures for expedited discovery under division (A) of section 4928.32 of the Revised Code are not subject to division (D) of section 111.15 of the Revised Code.

Last updated September 10, 2025 at 3:41 PM

Notes of Decisions
Cited in 16 cases, 2002–2007 · leading case: Monongahela Power Co. v. Public Utilities Commission
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Monongahela Power Co. v. Public Utilities Commission (2004) ohio · cites it 4× “R.C. 4928.31. Key to these transition plans were the unbundling of the three main components of electric service – generation, transmission, and distribution – and developing a “rate unbundling plan.”
AK Steel Corp. v. Public Utilities Commission (2002) ohio · cites it 3× “3, R.C. 4928.31 requires each electric utility to file with the Public Utilities Commission of Ohio a transition plan for the company’s provision of competitive electric service in Ohio.”
Constellation NewEnergy, Inc. v. Public Utilities Commission (2004) ohio “See R.C. 4928.31. S.B. 3 provides for a transition period, termed the “market development period” (“MDP”), during which an electric utility’s rates are subject to certain regulatory requirements and the recovery of transition costs is permissible.”
Monongahela Power Co. v. Schriber (2004) ohsd · cites it 2× “See Ohio Rev. Code § 4928.31. The Restructuring Act also requires the utilities to reorganize their operations into at least three component parts so as to facilitate meaningful competition among the various functions of generating, transmitting and delivering power.”
Elyria Foundry Co. v. Public Utilities Commission (2007) ohio “That is, the three components were priced as *316 one, and electric utilities used the revenues from the bundled electric services to support their generation, distribution, and transmission expenses and investments.”
Ohio Consumers' Counsel v. Public Utilities Commission (2006) ohio “See R.C. 4928.31. S.B. 3 provided for a transition period, termed the “market development period,” during which an electric utility’s rates were subject to regulatory requirements.”
Migden-Ostrander v. Public Utilities Commission (2004) ohio “R.C. 4928.31(A)(1) and 4928.34(A)(1) through (7).”
FirstEnergy Corp. v. Pub. Util. Comm. (2002) ohio “R.C. 4928.31, part of S.B. 3, requires that each electric utility file a transition plan with the Public Utilities Commission of Ohio regarding the utility’s provision of competitive electric service in Ohio.”
AK Steel Corp. v. Pub. Util. Comm. (2002) ohio · cites it 4× “3—R.C. 4928.31— Commission’s order approving stipulations among parties relating to CG&E’s transition plan and the plan itself affirmed, when.”
Ohio Consumers' Counsel v. Public Utilities Commission (2007) ohio “See R.C. 4928.31(A)(1) and 4928.34(A)(1) through (7).”
Ohio Consumers' Counsel v. Public Utilities Commission (2006) ohio “See R.C. 4928.31. {¶ 32} The “market development period” mentioned in the statutes above is a period defined in R.”
FirstEnergy Corp. v. Public Utilities Commission (2002) ohio “R.C. 4928.31, part of S.B. 3, requires that each eleptric utility file a transition plan with the Public Utilities Commission of Ohio regarding the utility’s provision of competitive electric service in Ohio.”
Show all 16 citing cases →
— Ohio Rev. Code § 4928.31(A)(1) — 8 cases
Monongahela Power Co. v. Public Utilities Commission (2004) ohio “R.C. 4928.31. Key to these transition plans were the unbundling of the three main components of electric service – generation, transmission, and distribution – and developing a “rate unbundling plan.”
AK Steel Corp. v. Public Utilities Commission (2002) ohio “3, R.C. 4928.31 requires each electric utility to file with the Public Utilities Commission of Ohio a transition plan for the company’s provision of competitive electric service in Ohio.”
Elyria Foundry Co. v. Public Utilities Commission (2007) ohio “That is, the three components were priced as *316 one, and electric utilities used the revenues from the bundled electric services to support their generation, distribution, and transmission expenses and investments.”
Migden-Ostrander v. Public Utilities Commission (2004) ohio “R.C. 4928.31(A)(1) and 4928.34(A)(1) through (7).”
Ohio Consumers' Counsel v. Public Utilities Commission (2007) ohio “See R.C. 4928.31(A)(1) and 4928.34(A)(1) through (7).”
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