947.01 Definitions.
947.02 Compliance with rules and regulations.
947.03 Management and service.
947.04 Reports, meetings and information.
947.05 Use non-exclusive.
947.06 Permits and procedure.
947.07 Restoration of streets and property; relocation.
947.08 Indemnification; performance.
947.09 Office in the City.
947.10 Equal opportunity.
947.11 Municipal acquisition.
947.12 Wholesale power transactions.
CROSS REFERENCES
Power to regulate electricity equipment - see Ohio R.C. 715.27
City consent for electrical fixtures and lines on public property - see Ohio R.C. 715.27, 4933.13, 4933.16
(a) “City” means the City of Toledo, a municipality of the State of Ohio having home rule authority pursuant to Article XVIII of the Constitution of the State of Ohio and, where consistent with the context, its agencies, divisions, boards, bureaus, officers and employees.
(b) “Competent Authority” means any governmental body or forum vested by law with authority to do the act or to make the order, rule or regulation involved, including the authority to authorize a Person to be a Provider. The City shall constitute Competent Authority to the extent it has legal authority.
(c) “Electric Distribution Company” means any Person authorized by the PUCO to operate and maintain an electric energy distribution system for light, heat, or power purposes within the City.
(d) “Electric Service Company” means any Person, without electric distribution and transmission wires, that is engaged in the business of providing electric service to consumers or ultimate users in the City excluding an Electric Distribution Company as defined herein.
(e) “Electric Service and Safety Standards” means the standards adopted by the Public Utilities Commission of Ohio and codified in Chapter 4901:1-10 of the Ohio Administrative Code.
(f) “Person” includes an individual, corporation, company, copartnership, association, or joint venture.
(g) “Provide Electric Energy” or “Providing Electric Energy” means to use, maintain and operate or lease Utility Facilities and/or to produce, generate, purchase, transmit, distribute, sell, advertise, and promote the use or sale of electric energy in Toledo, and to direct, administer, supervise, conduct and account for all of the same.
(h) “Provider” means any Person, Electric Distribution Company or Electric Service Company providing electric energy within the City of Toledo.
(i) “Provision of Electric Energy” means the act or result of Providing Electric Energy as defined herein.
(j) “Public Ways or Property” means the surface, the air space above the surface and the area below the surface of any right-of-way and public street and any avenue, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkway, viaduct, waterway or other public right-of-way and all property owned, controlled or leased by the City including public utility easements or rights-of-way in which the City has jurisdiction, and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the City in which the City holds rights sufficient, without consent of any other party, to permit the Provider the use thereof for the purpose of installing or maintaining Utility Facilities.
(k) “PUCO” means the Public Utilities Commission of Ohio or its successors.
(l) “Utility Facilities” includes all plant, property, land, structures, equipment, materials and supplies, used in or useful for the production, generation, purchase, transmission, distribution or sale of electric energy in Toledo whether or not such facilities are located within Toledo and whether owned or held by the Electric Distribution Company or Electric Service Company under lease, license, contract, joint use or joint ownership agreement or claim of right.
(Ord. 1038-98. Passed 9-29-98.)
(a) All Providers who have been authorized by a Competent Authority to Provide Electric Energy within the City shall comply with the provisions of this chapter as the same may be amended from time to time.
(b) All Providers shall comply with all applicable PUCO regulations and requirements. This requirement shall not apply to municipal utilities or Electric Service Companies not regulated by the PUCO.
(c) All Providers regulated by the PUCO shall comply with the Electric Service and Safety Standards adopted by the PUCO, when effective, and compliance therewith shall be determined only by the PUCO subject to the City’s exercise of its police powers and regulation of the public ways.
(d) Whenever performance of an obligation of a Provider hereunder requires the consent or approval of Competent Authority, the Provider shall make a good faith effort to obtain such consent or approval. The Provider shall not be considered to be in default or breach of any such obligation if, notwithstanding the Provider’s good faith efforts, the Provider is unable to obtain any such required consent or approval.
(e) In the event a Competent Authority, including but not limited to the PUCO or the Federal Energy Regulatory Commission implements or proposes to implement any rule, regulation or order inconsistent with the terms of this chapter, the Provider shall promptly notify and consult with the City concerning the conflict.
(f) All Providers shall promptly and fully comply with all applicable statutes, ordinances, judgments, decrees, orders, rules and regulations of any Competent Authority having jurisdiction over the Provider’s activities, provided, however, that the Provider may seek to stay compliance during an appeal or contest of such statute, ordinance, judgment, decree, order, rule or regulation. Nothing herein prevents the City from asserting that compliance should not be stayed during the period of such appeal or contest.
(Ord. 1038-98. Passed 9-29-98.)
(a) Providers shall take all reasonable and necessary steps to assure an adequate, safe and reliable supply of electricity to meet the electric energy needs of their customers within the City.
(b) Providers shall be prudently and efficiently managed. Providers shall, to the full extent of their ability, provide Utility Facilities adapted for serviceable, efficient and economical provision of electric energy adequate for actual and potential users thereof, and operate and maintain such Utility Facilities efficiently and economically and in accordance with generally accepted utility practice for a similarly situated prudent utility.
(Ord. 1038-98. Passed 9-29-98.)
(a) On or before June 1 of each calendar year, each Provider shall furnish the City with an annual report for the previous calendar year containing the following information: (1) A management and service report on the implementation and operations of the Provider under Section 947.04 of this chapter; (2) A report on the implementation of economic development efforts within the City; and (3) The Provider’s plans and forecasts pertaining to future generating capability needs and service of electrical energy to Toledo customers in a safe, reliable and economical manner.
(b) Representatives of the City and each Provider shall hold a meeting each year to discuss the annual report and to discuss such other matters incident to the provision of electric energy as either party deems appropriate.
(c) The Provider shall keep its books and records in accordance with the regulations of the PUCO and any other Competent Authority. The Provider shall permit the City to inspect or audit its books, accounts, correspondence, documents and data (and the books, accounts, correspondence, documents and data of its parent company to the extent they affect the Provider's rates) for any proper purpose under this chapter. Any such inspection or audit shall be conducted during normal business hours upon reasonable written notice specifying the purpose of such inspection or audit.
(d) The Provider shall permit the City to inspect the Utility Facilities located in Toledo for any proper purpose under this chapter. Any such inspection shall be conducted during normal business hours upon reasonable written notice specifying the purpose of such inspection.
(e) The Provider shall furnish the City with a copy of each periodic report or record filed with any state or federal agency regulating the Provider's rates, service, or issuance of securities, provided, however, that with respect to the issuance of securities the reports to be provided shall be reports filed pursuant to the Securities Exchange Act of 1934 only. The Provider shall also furnish the City with a copy of any report made to the United States Environmental Protection Agency or the Ohio Environmental Protection Agency (or their successors). The reports described in this subsection shall not be provided to the City to the extent that the Provider is required by law or regulation of a Competent Authority to keep such reports confidential, or that the agency receiving the information contained in such reports has determined it contains confidential or proprietary business information.
(f) The Provider shall from time to time furnish such additional information or documents and allow such inspections as the City reasonably requests to assess the Provider's compliance with the provisions of this chapter. Such information and documents shall be provided and such inspections shall be allowed upon reasonable written request specifying the purpose for which such information, documents or inspections are requested, which purpose shall be a proper purpose under this chapter.
(g) The City agrees that no documents or information furnished to the City by the Provider in accordance with this chapter shall be made available to the public without the Provider's consent but only if such documents or information is conspicuously marked as "confidential" and is exempt from disclosure under the provisions of the Ohio Public Records Act, Ohio R.C. 149.43 (including trade secrets), as such statute may be amended from time to time. One such category of documents or information exempt from disclosure under Ohio R.C. 149.43 shall be trade secrets under the provisions of Ohio R.C. Chapter 1333 and similar statutes as the same may be amended from time to time.
(Ord. 1038-98. Passed 9-29-98.)
(a) Nothing in this Chapter shall be construed to provide an exclusive right to any Provider to make use of the Public Ways or Public Property, and the City reserves the right to make a similar use of such Public Ways or Public Property, or to permit other persons to do so. Except as otherwise provided herein or by a Competent Authority, the Provider's work in or occupancy of the Public Ways or Property shall be at no direct expense to the City.
(b) The Provider shall not unreasonably interfere with the use or occupancy of the Public Ways or Property by others. The City agrees to use reasonable efforts to prevent its employees, contractors, subcontractors, franchisees, licensees and permittees from unreasonably interfering with the rights of the Provider in the Public Ways or Property.
(Ord. 1038-98. Passed 9-29-98.)
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