Ohio Rev. Code » Chapter 4933
Ohio Revised Code

Ohio Rev. Code § 4933.81 (2026)

Certified territories for electric suppliers definitions

✓ 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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As used in sections 4933.81 to 4933.90 of the Revised Code:

(A) "Electric supplier" means any electric light company as defined in section 4905.03 of the Revised Code, including electric light companies organized as nonprofit corporations, but not including municipal corporations or other units of local government that provide electric service.

(B) "Adequate facilities" means distribution lines or facilities having sufficient capacity to meet the maximum estimated electric service requirements of its existing customers and of any new customer occurring during the year following the commencement of permanent electric service, and to assure all such customers of reasonable continuity and quality of service. Distribution facilities and lines of an electric supplier shall be considered "adequate facilities" if such supplier offers to undertake to make its distribution facilities and lines meet such service requirements and, in the determination of the public utilities commission, can do so within a reasonable time.

(C) "Distribution line" means any electric line that is being or has been used primarily to provide electric service directly to electric load centers by the owner of such line.

(D) "Existing distribution line" means any distribution line of an electric supplier which was in existence on January 1, 1977, or under construction on that date.

(E) "Electric load center" means all the electric-consuming facilities of any type or character owned, occupied, controlled, or used by a person at a single location, which facilities have been, are, or will be connected to and served at a metered point of delivery and to which electric service has been, is, or will be rendered.

(F) "Electric service" means retail electric service furnished to an electric load center for ultimate consumption, but excludes furnishing electric power or energy at wholesale for resale. In the case of a for-profit electric supplier and beginning on the starting date of competitive retail electric service as defined in section 4928.01 of the Revised Code, "electric service" also excludes a competitive retail electric service, and, starting after the effective date of amendments to this section by this act, excludes:

(1) Retail electric service provided to a mercantile customer member by a mercantile customer self-power system connected to that mercantile customer member as those terms are defined in section 4928.73 of the Revised Code;

(2) Retail electric service provided to an electric load center to the extent the center is acting as a self-generator as defined in section 4928.01 of the Revised Code.

In the case of a not-for-profit electric supplier and beginning on that competitive retail electric service starting date, "electric service" also excludes any service component of competitive retail electric service that is specified in an irrevocable filing the electric supplier makes with the public utilities commission for informational purposes only to eliminate permanently its certified territory under sections 4933.81 to 4933.90 of the Revised Code as to that service component and further excludes any new electric load centers going into service after the effective date of amendments to this section by this act that use retail electric service described in division (F)(1) or (2) of this section. The filing shall specify the date on which such territory is so eliminated. Notwithstanding division (B) of section 4928.01 of the Revised Code, such a service component may include retail ancillary, metering, or billing and collection service irrespective of whether that service component has or has not been declared competitive under section 4928.04 of the Revised Code. Upon receipt of the filing by the commission, the not-for-profit electric supplier's certified territory shall be eliminated permanently as to the service component specified in the filing as of the date specified in the filing. As used in this division, "competitive retail electric service" and "retail electric service" have the same meanings as in section 4928.01 of the Revised Code.

(G) "Certified territory" means a geographical area the boundaries of which have been established pursuant to sections 4933.81 to 4933.90 of the Revised Code within which an electric supplier is authorized and required to provide electric service.

(H) "Other unit of local government" means any governmental unit or body that may come into existence after July 12, 1978, with powers and authority similar to those of a municipal corporation, or that is created to replace or exercise the relevant powers of any one or more municipal corporations.

Last updated May 22, 2025 at 12:57 PM

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1980–2022 · leading case: Grafton v. Ohio Edison Co., 1996 Ohio 336 (Ohio 1996).
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Grafton v. Ohio Edison Co., 1996 Ohio 336 (Ohio 1996). · cites it 2× “95-572—Submitted May 1, 1996—Decided November 13, 1996.) APPEAL from the Court of Appeals for Lorain County, No.”
Vill. of Grafton v. Ohio Edison Co., 77 Ohio St. 3d 102 (Ohio 1996). “21; the Certified Territory Act, R.C. 4933.81 through 4933.90; and a municipality’s power to control utilities within its municipal limits, Section 4, Article XVIII of the Ohio Constitution.”
Cleveland Elec. Illuminating Co. v. Pub. Utils. Comm'n, 668 N.E.2d 889 (Ohio 1996). · cites it 2× “, customers] located presently or in the future within its certified territory * * In this case, the exclusive right to furnish electricity to MedCo (a load center or customer within the meaning of R.C. 4933.81[E] of the Certified Territory Act) belongs to Cleveland Electric…”
State ex rel. Toledo Edison Co. v. City of Clyde, 668 N.E.2d 498 (Ohio 1996). · cites it 2× “Municipalities’ power to control operation of utilities within their municipal boundaries is also reflected in the Certified Territory Act, R.C. 4933.81 to 4933.90. R.C. 4933.83(A) and 4933.”
Duke Energy Ohio, Inc. v. City of Hamilton, 2018 Ohio 2821 (Ohio Ct. App. 2018). · cites it 3× “First it argued that it has an exclusive right to provide electric service and natural gas service within the 209-acre area pursuant to its PUCO-approved tariffs and the Certified Territories Act, as set forth in R.C. 4933.81 through 4933.90 (the "exclusive-right claim").”
City of Maumee v. Pub. Utils. Comm'n, 101 Ohio St. 3d 54 (Ohio 2004). · cites it 4× “3, the so-called Certified Territories Act (R.C. 4933.81 through 4933.90) barred such entities from operating in Ohio.”
Toledo Edison Co. v. City of Bryan, 737 N.E.2d 529 (Ohio 2000). “Public utilities that provide electricity, such as Toledo Edison, are subject to substantial regulatory controls by the Public Utilities Commission of Ohio, including regulation of rates. See, e.g., R.C. 4933.13 et seq.; R.”
Cleveland Elec. Illum. Co. v. Pub. Util. Comm., 1996 Ohio 298 (Ohio 1996). · cites it 3× “The Certified Territory Act is set out in R.C. 4933.81 et seq. Essentially the Certified Territory Act provides that with the exception set out under Article XVIII of the Ohio Constitution (home rule), each electrical supplier is assigned a certain territory where it has the…”
Union Rural Elec. Coop., Inc. v. Pub. Utils. Comm'n, 555 N.E.2d 641 (Ohio 1990). · cites it 2× “The primary issue in this appeal is whether the commission properly construed the phrase “electric consuming facilities” as set forth in R.C. 4933.81(E). We answer in the affirmative and affirm the order of the commission.”
Luntz Corp. v. Pub. Utils. Comm'n, 79 Ohio St. 3d 509 (Ohio 1997). · cites it 4× “Luntz raises only two issues that could be considered questions of law: (1) whether Ohio Edison had a duty to inform Luntz of alternate rates and (2) whether the definition of the term “distribution line” in R.C. 4933.81 controls in the case at bar.”
State ex rel. Toledo Edison Co. v. Clyde, 1996 Ohio 376 (Ohio 1996). · cites it 2× “{¶ 40} Municipalities’ power to control operation of utilities within their municipal boundaries is also reflected in the Certified Territory Act, R.C. 4933.81 to 4933.90. R.C. 4933.83(A) and 4933.”
Toledo Edison Co. v. Bryan, 2000 Ohio 169 (Ohio 2000). · cites it 2× “Toledo Edison Company is a public utility that generates, transmits, distributes, and sells electric power to customers in northwest Ohio, including Williams County, pursuant to the Certified Territories Act (“CTA”), R.C. 4933.81 to 4933.90. Appellees Bryan, Pioneer, Montpelier,…”
Show all 14 citing cases →
Ohio Rev. Code § 4933.81(C): 3 cases
State ex rel. Toledo Edison Co. v. City of Clyde, 668 N.E.2d 498 (Ohio 1996). “Municipalities’ power to control operation of utilities within their municipal boundaries is also reflected in the Certified Territory Act, R.C. 4933.81 to 4933.90. R.C. 4933.83(A) and 4933.”
State ex rel. Toledo Edison Co. v. Clyde, 1996 Ohio 376 (Ohio 1996). “{¶ 40} Municipalities’ power to control operation of utilities within their municipal boundaries is also reflected in the Certified Territory Act, R.C. 4933.81 to 4933.90. R.C. 4933.83(A) and 4933.”
Luntz Corp. v. Pub. Utils. Comm'n, 79 Ohio St. 3d 509 (Ohio 1997). “Luntz raises only two issues that could be considered questions of law: (1) whether Ohio Edison had a duty to inform Luntz of alternate rates and (2) whether the definition of the term “distribution line” in R.C. 4933.81 controls in the case at bar.”
Ohio Rev. Code § 4933.81(E): 1 case
Union Rural Elec. Coop., Inc. v. Pub. Utils. Comm'n, 555 N.E.2d 641 (Ohio 1990). “The primary issue in this appeal is whether the commission properly construed the phrase “electric consuming facilities” as set forth in R.C. 4933.81(E). We answer in the affirmative and affirm the order of the commission.”
Ohio Rev. Code § 4933.81(F): 1 case
City of Maumee v. Pub. Utils. Comm'n, 101 Ohio St. 3d 54 (Ohio 2004). “3, the so-called Certified Territories Act (R.C. 4933.81 through 4933.90) barred such entities from operating in Ohio.”
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