NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS REGULATORY PARTNERSHIP

NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS REGULATORY PARTNERSHIP PROGRAM Partnership between: PUBLIC UTILITIES COMMISSION OF OHIO (PUCO) AND MINISTRY OF ENERGY OF GHANA (MOE) AND ENERGY COMMISSION OF GHANA (EC) AND PUBLIC UTILITIES REGULATORY COMMISSION OF GHANA (PURC) Sponsored by: UNITED STATE AGENCY FOR INTERNATIONAL DEVELOPMENT (USAID) SEPTEMBER 8 -12, 2008 ACCRA, GHANA

DECISION-MAKING PROCEDURES IN OHOIO Rate Case Process

• • Filing Notice 30 days prior to filing Filing made -- Day 1 Company Testimony Due -- Day 14 Commission Accepts/Rejects Filing and/or Notices Deficiencies – Day 30 • Commission issues Entry establishing test year and procedural timelines – Day 60 • Supplemental Filing or update due – Day 60

Months following filing: o Staff Investigation o Data Requests and Responses o Discovery o Motions by Parties to Intervene o Intervenor Testimonies o Procedural Rulings on Interventions, etc.

• Staff Report Issued - Month 5 • Objections by Company and Intervenors to Staff Report filed within 30 days (with additional supporting testimony) -Month 6 • Local Public and Evidentiary hearings completed – Month 7 • Briefs and Reply Briefs filed – Month 8 • Commission Decision (275 days) - Month 9 • Applications for Rehearing – 30 days from Decision • Appeal to Ohio Supreme Court -- 60 days from denial of rehearing

Rate Case Steps • Staff investigates the company’s expenses, revenues and investment – Revenue Requirement – the amount of money that allows the company to cover expenses and earn a fair return on investment – Rate Design – how the revenue will be collected from the various classes? – residential, commercial, industrial. Based upon cost-of-service – the charge levied against a customer are proportional to the expense of service the customer

Parties to a Rate Case • The State Attorney General’s office represents the Staff in the hearing and /or negotiations • Office of Consumer’s Counsel (state agency representing residential consumers) • Commercial customers • Industrial customers • Cities

After the Hearings • Parties file briefs with the Commission within a time established by the Examiner. Usually file initial briefs and reply briefs • Examiners write an order and circulate it to the Commissioners. The Commissioners provide input and vote on the order at a commission meeting. Order issued within 275 days of the filing of the applications. Company can put requested rates into effect subject to refund. • Applications for Rehearing must be filed within 30 days. Any issue appealed to the Ohio Supreme court must be raised in the application for rehearing

Appeal of Commission Order • Appealing party must file a notice of appeal with the Ohio Supreme Court within 60 days of the date of denial of the application for rehearing • No deadline in which the Court must act; however, the Court must hear PUCO appeals. Most appeals to the Ohio Supreme Court are discretionary – the court chooses what it will hear. PUCO cases must be heard at the court. Master Commissioner to assist with the technical nature of the PUCO decisions. • Court can affirm/agree with the order. Court can reverse the PUCO decision. Court can reverse and remand to the Commission

Ohio Power Siting Board Process

Process • Pre-Application meetings and conferences • Pre-Application Public Informational meetings • Application submitted -- Two years prior to construction for generation; One year prior for transmission -- Day 1 • Compliance Review -- up to Day 60 • Letter of Completeness -- up to Day 60 • Proof of Service

Process (cont. ) • Board Entry establishing Filing Date & Hearing schedule – no less than 60 nor more than 90 days • Public Notice published by Applicant – within 7 days from accepted filing • Staff Investigation -- Prior Day 1 up until day 4575

Months prior to and following filing: o Staff Investigation o Data Requests and Responses o Discovery o Motions by Parties to Intervene o Intervenor Testimonies o Procedural Rulings on Interventions, etc.

• Staff Report – Day 45 – 75 (15 days prior to public hearing • Public Hearing • Adjudicatory Hearing • Board Decision • Applications for Rehearing – 30 days from Decision • Appeal to Ohio Supreme Court -- 60 days from denial of rehearing