(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.)