Ohio Admin. Code 4901:1-23-04 - [Effective until 7/15/2024] Settlement agreements and stipulations
(A) If staff and the electric utility or
competitive retail electric service (CRES) provider reach agreement regarding
the violation of a rule within this chapter or Chapter 4901:1-21 or 4901:1-10
of the Administrative Code, the violation of a commission order, a proposed
corrective action or remedy, or the amount of a forfeiture or other payment,
then the agreement must be reduced to writing in a settlement agreement. Such
agreement shall be signed by an officer of the company or its attorney and the
assistant attorney general who serves as legal counsel for staff. Except as
otherwise provided in paragraph (B) of this rule, the settlement agreement
shall not be effective until both of the following have occurred:
(1) The stipulation is filed with the
commission for approval pursuant to a compliance or other proceeding.
(2) The stipulation is approved by and made
the order of the commission.
(B) If the settlement agreement provides for
the payment of a forfeiture or other payment by an electric utility or CRES
provider of ten thousand dollars or less, the agreement shall be deemed
accepted by the commission and fully enforceable upon the electric utility or
CRES provider upon its execution.
(C) Unless contained in or otherwise provided
in a stipulation, no statement or conduct during settlement negotiations is
admissible in any commission proceeding regarding the noncompliance.
(D) Where an electric utility or competitive
retail electric service provider has demonstrated to the staff's satisfaction,
as confirmed in writing from
by the staff
director of the commission's service
monitoring and enforcement department or the director of the commission's
utilities department or his/her designee, that the violation(s) listed
in the staff notice (or amended staff notice) of probable noncompliance or
investigative report has been corrected and where the company submits full
payment of the proposed forfeiture prior to the execution of a written
settlement agreement or final commission order, the violation(s) listed in such
staff notice of probable noncompliance or investigative report shall only be
considered by the commission as part of the company's history of violations in
determining the appropriate forfeiture or corrective action for any future
violation. If a company pays a proposed forfeiture of more than one thousand
dollars without executing a written settlement agreement, the payment shall be
fully effective when approved by and made the order of the
commission.
Notes
Promulgated Under: 111.15
Statutory Authority: 4928.10, 4905.06
Rule Amplifies: 4928.16
Prior Effective Dates: 9/18/00, 6/29/09
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.