Ohio Admin. Code 4901:1-10-31

Current through all regulations passed and filed through November 4, 2024

Section 4901:1-10-31 - Environmental disclosure

(A) This rule establishes a process by which customers are assured of receiving information, in a timely and consistent manner, concerning the approximate retail generation resource mix and environmental characteristics associated with electric power offered in Ohio's competitive marketplace.

(B) This rule applies to all electric utilities providing a standard offer for retail electric generation service.

(C) Determination of environmental disclosure data.

(1) Contents of environmental disclosure data.

(a) Approximate generation resource mix.

Each electric utility shall specifically identify each of the following generation sources used in the generation of the power that is made available under its standard offer: biomass power, coal-fired power, hydro power, natural gas-fired power, nuclear power, oil-fired power, other sources, solar power, and wind power.

(b) Environmental characteristics.

Electric utilities shall report the environmental characteristics typically associated with the generation resources used to generate the power that is made available under their respective standard offers.

Electric utilities shall also report the air emissions of nitrogen oxides, sulfur dioxide, and carbon dioxide associated with the generation of power being offered under their respective standard offers.

(2) Methodology for determining environmental disclosure data.

(a) The environmental disclosure data, to be provided quarterly and in the annual projection, shall be verifiable. Each electric utility shall maintain documentation sufficient to demonstrate the accuracy of the environmental disclosure data.

(b) When calculating the generation resource mix for the annual projection, the electric utility shall assume that purchased energy has the same generation resource mix as the regional generation resource mix for the most recent twelve - month period of June first to May thirty-first, as provided by the electric utility's regional transmission organization or independent system operator.

(3) Timing for disclosing environmental disclosure data.

(a) Electric utilities shall annually project their environmental disclosure data for the calendar year.

(b) Electric utilities shall complete quarterly comparisons of actual to projected environmental disclosure data.

(c) Below is the schedule applicable to the environmental disclosure process.

January - disclosure of projected environmental disclosure data for current calendar year.

March - disclosure of actual environmental disclosure data for the prior calendar year, compared to the projected environmental disclosure data from prior calendar year.

June - disclosure of actual environmental disclosure data for January through March of current year, compared to projected data for current calendar year.

September - disclosure of actual environmental disclosure data for January to June of current year, compared to projected data for current calendar year.

December - disclosure of actual environmental disclosure data for January through September of current year, compared to projected data for current calendar year.

(D) Environmental disclosure to the commission.

(1) Content.

Each customer shall receive environmental disclosure data, as detailed in paragraph (C) of this rule.

(2) Format.

The environmental disclosure data shall be provided in a standardized format in order to facilitate comparisons by customers. The presentation of this data shall include each of the following requirements:

(a) A pie chart consistent with the patterns set forth in appendices A and B to this rule which illustrates on a percentage basis the various generation resources, as detailed in paragraph (C)(1)(a) of this rule, used in the generation of power that is made available under the standard offer.

The percentages shall be rounded to the nearest one-half per cent.

(b) A table consistent with the patterns set forth in appendices A and B to this rule which illustrates the typical environmental characteristics associated with the generation resource categories detailed in paragraph (C)(1)(a) of this rule.

(c) An air emissions bar chart, along with a regional average emission reference. The product-specific emission rates shall appear as a percentage of the average regional emission rate for each of the three types of air emissions. Percentages shall be calculated from comparison of product-specific and average regional emission rates on a basis of pounds emitted per megawatt hour.

The figures reflecting the generation of radioactive wastes shall be presented

(d) The electric utility may include other information that it feels is relevant to the required environmental disclosure data, provided this additional information is distinctly separated from the required information. The electric utility shall maintain sufficient documentation to permit verification of the accuracy of any additional information that is disclosed.

(3) Timing.

(a) Annual projection.

Consistent with the schedule presented in paragraph (C)(4) of this rule and the format depicted by appendix A of this rule, the most recent projection of environmental disclosure data shall be provided to each customer of the standard offer for generation service via a link to the EDU's webpage or the PUCO environmental disclosure information for consumers website or, at the request of the customer, a hardcopy of the data shall be provided at no cost to the customer.

(b) Quarterly comparisons of actual to projected environmental disclosure data.

The comparison of actual to projected environmental disclosure data shall be provided to customers on a quarterly basis consistent with both the schedule presented in paragraph (C)(4) of this rule and the format as depicted by appendix B to this rule.

These items will be disclosed to customers via a link to the EDU's website or the PUCO environmental disclosure information for consumers webpage or, at the request of the customer, a hardcopy of the data shall be provided at no cost to the customer.

(E) Environmental disclosure to the commission.

Each electric utility shall submit its annual projection and quarterly comparisons of environmental disclosure data to the director of the rates and analysis department or their designee consistent with the schedule presented in paragraph (C)(4) of this rule. The information provided to the staff shall be identical in content and format to that provided to customers.

(F) The generation resource mix disclosed pursuant to this rule should not be used as an indicator of an electric utility's compliance with section 4928.64 of the Revised Code.

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Ohio Admin. Code 4901:1-10-31

Effective: 4/8/2024
Five Year Review (FYR) Dates: 9/30/2026
Promulgated Under: 111.15
Statutory Authority: R.C. 4905.04, 4928.06, 4928.10
Rule Amplifies: R.C. 4928.10
Prior Effective Dates: 09/18/2000, 01/01/2004, 06/29/2009, 12/20/2014