Ohio Revised Code

Ohio Rev. Code § 4928.38 (2026)

Commencing and terminating transition revenues

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Effective:

October 5, 1999

Latest Legislation:

Senate Bill 3 - 123rd General Assembly

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Pursuant to a transition plan approved under section 4928.33 of the Revised Code, an electric utility in this state may receive transition revenues under sections 4928.31 to 4928.40 of the Revised Code, beginning on the starting date of competitive retail electric service. Except as provided in sections 4905.33 to 4905.35 of the Revised Code and this chapter, an electric utility that receives such transition revenues shall be wholly responsible for how to use those revenues and wholly responsible for whether it is in a competitive position after the market development period. The utility's receipt of transition revenues shall terminate at the end of the market development period. With the termination of that approved revenue source, the utility shall be fully on its own in the competitive market. The commission shall not authorize the receipt of transition revenues or any equivalent revenues by an electric utility except as expressly authorized in sections 4928.31 to 4928.40 of the Revised Code.

Notes of Decisions

Cited in 7 cases, 2004–2019 · leading case: In re Application of Columbus S. Power Co. (Slip Opinion), 2016-Ohio-1608, 67 N.E.3d 734.

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In re Application of Columbus S. Power Co. (Slip Opinion), 2016-Ohio-1608, 67 N.E.3d 734. · cites it 18× “R.C. 4928.38 and 4928.40(A). Utilities were also permitted to receive transition revenue associated with regulatory assets (i.”

Monongahela Power Co. v. Pub. Utils. Comm'n, 2004-Ohio-6896, 104 Ohio St. 3d 571. · cites it 4× “or approval of a shortened MDP: “By this Stipulation, Monongahela Power, supported by the other Signatory Parties, applies to the Commission for authorization of a market development period termination date for industrials and large commercial customers of December 31, 2003,…”

In re Application Seeking Approval of Ohio Power Co.'s Proposal to Enter Into an Affiliate Power Purchase Agreement for Inclusion in the Power Purchase Agreement Rider, 2018-Ohio-4698, 121 N.E.3d 320. · cites it 4× “2, Section (B) : Whether the PPA Rider recovers unlawful transition revenue in violation of R.C. 4928.38 and 4928.141(A) {¶ 13} OCC and OMAEG claim that the commission erred when it found that the PPA Rider did not recover unlawful transition revenue or its equivalent.”

In re Application of Ohio Edison Co. (Slip Opinion), 2019-Ohio-2401, 139 N.E.3d 875. “143(B)(2) and it lacks an adequate nexus to the provision of distribution service as required by R.”

Monongahela Power Co. v. Schriber, 322 F. Supp. 2d 902 (S.D. Ohio 2004). “By this Stipulation, Monongahela Power, supported by the other Signatory Parties, applies to the Commission for authorization of a market development period termination date for industrial and large commercial customers of December 31, 2003, based upon the agreement to forego…”

Ohio Consumers' Couns. v. Pub. Utils. Comm'n, 109 Ohio St. 3d 328 (2006). “14(B)”; (2) “The PUCO acted unlawfully in approving a so-called ‘Rate Stabilization Charge’ (‘RSC’) in violation *345 of R.C. 4928.38 and 4928.40, which require that the recovery of the Generation Transition Charge (‘GTC’) from customers ends on December 31, 2005; given that the…”

In re Application of Dayton Power & Light Co. (Slip Opinion), 2018-Ohio-4009, 113 N.E.3d 507. “143(C)(2)(a) allows an electric-distribution utility to withdraw and terminate an electric-security-plan application in the event the commission modifies and approves the application.”

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