SB 457

As Introduced
136th General Assembly
   Regular Session  S. B. No. 457
       2025-2026
  Senators Romanchuk, Hicks-Hudson
  To amend section 4935.04 of the Revised Code to  1
  amend the requirements for long-term forecast  2
  reports and to name the act the Electricity  3
  Forecast Integrity Act.  4
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That section 4935.04 of the Revised Code be  5
amended to read as follows:  6
     Sec. 4935.04. (A) As used in this chapter:  7
     (1) "Major utility facility" means:  8
     (a) An electric transmission line and associated  9
facilities of a design capacity of one hundred twenty-five sixty        10
kilovolts or more;  11
     (b) A gas or natural gas transmission line and associated  12
facilities designed for, or capable of, transporting gas or  13
natural gas at pressures in excess of one hundred twenty-five  14
pounds per square inch.  15
     "Major utility facility" does not include electric, gas,  16
or natural gas distributing lines and gas or natural gas  17
gathering lines and associated facilities as defined by the  18
public utilities commission; facilities owned or operated by  19
S. B. No. 457  Page 2
As Introduced
industrial firms, persons, or institutions that produce or  20
transmit gas or natural gas, or electricity primarily for their  21
own use or as a byproduct of their operations; gas or natural  22
gas transmission lines and associated facilities over which an  23
agency of the United States has certificate jurisdiction;  24
facilities owned or operated by a person furnishing gas or  25
natural gas directly to fifteen thousand or fewer customers  26
within this state.  27
       (2) "Person" has the meaning set forth in section 4906.01  28
of the Revised Code.  29
       (3) "Advanced transmission technologies" has the same  30
meaning as in section 4906.01 of the Revised Code.  31
       (4) "Electric light company" has the same meaning as in  32
section 4905.03 of the Revised Code;  33
       (5) "Summer" means the period of time that begins on the  34
first day of June and ends on the thirtieth day of September.  35
       (6) "Winter" means the period of time that begins on the  36
first day of December and ends on the thirty-first day of March.  37
       (B) Each person owning or operating a gas or natural gas  38
transmission line and associated facilities within this state  39
over which an agency of the United States has certificate  40
jurisdiction shall furnish to the commission a copy of the  41
energy information filed by the person with that agency of the  42
United States.  43
       (C) Each person owning or operating a major utility  44
facility within this state, or furnishing gas, natural gas, or  45
electricity directly to more than fifteen thousand customers  46
within this state shall furnish file a report to with the  47
commission for its review and approval. The report shall be  48
S. B. No. 457  Page 3
As Introduced
furnished filed annually, except that for a gas or natural gas  49
company the report shall be furnished filed every three years.  50
The report shall be termed the long-term forecast report and  51
shall contain:  52
       (1) A year-by-year, ten-year forecast by rate class of  53
annual energy demand, coincident peak load, coincident peak load  54
for both summer and winter, large load additions, reserves, load  55
factor, and a general description of the resource planning  56
projections to meet demandcoincident peak load;  57
       (2) A range of projected loads during the each annual  58
period, including high and low scenarios;  59
       (3) Actual historical data by rate class for annual energy  60
demand, coincident peak load, coincident peak load for both  61
summer and winter, large load additions, load factor, and  62
reserves that occurred by year for the prior five consecutive  63
years;  64
       (4) The date and time of the summer and winter coincident  65
peak loads and coincident peak load by rate class that occurred  66
by year from the prior five consecutive years;  67
       (5) A description of major utility facilities planned to  68
be added or taken out of service in the next ten years,  69
including, to the extent the information is available,  70
prospective sites for transmission line locations;  71
       (4)(6) For gas and natural gas, a projection of  72
anticipated supply, supply prices, and sources of supply over  73
the forecast period;  74
       (5)(7) A description of proposed changes in the  75
transmission system planned for the next five years;  76
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As Introduced
       (6)(8) A month-by-month forecast of both energy demand and  77
peak load for electric utilitieslight companies, and gas sendout  78
for gas and natural gas utilitiescompanies, for the next two  79
five years. The report shall describe the major utility  80
facilities that, in the judgment of such person, will be  81
required to supply system demands coincident peak load during  82
the forecast period. The report from a gas or natural gas  83
utility company shall cover the ten- and five-year periods next  84
succeeding the date of the report, and the report from an  85
electric utility light company shall cover the twenty-, ten-,  86
and five-year periods next succeeding the date of the report.  87
Each report shall be made available to the public and furnished  88
upon request to municipal corporations and governmental agencies  89
charged with the duty of protecting the environment or of  90
planning land use. The report shall be in such form and shall  91
contain such information as may be prescribed by the commission.  92
       Each person not owning or operating a major utility  93
facility within this state and serving fifteen thousand or fewer  94
gas or natural gas, or electric customers within this state  95
shall furnish file such information as the commission requires.  96
       (7)(9) For electric transmission, a person shall include  97
an evaluation and report of the potential use of, or investment  98
in, one or more advanced transmission technologies to enable the  99
electric utility light company to safely, reliably, efficiently,  100
and cost-effectively meet electric system demand through its  101
major utility facilities.  102
       The report shall identify which advanced transmission  103
technologies were considered as a part of the review of the  104
major utility facilities for the next five years. A person shall  105
also include a cost evaluation comparing costs of traditional  106
S. B. No. 457  Page 5
As Introduced
transmission investments and costs of advanced transmission  107
technologies for the projects considered on the major utility  108
facilities applied individually, together, or in sequence. The  109
report shall also include an advanced transmission technology  110
congestion mitigation study to cost-effectively maximize the  111
delivery of energy resources in the near term that:  112
       (a) Identifies locations on the entity's transmission  113
system where congestion has occurred for a total of fifty hours  114
per year or more during the last three years or is likely to  115
occur during the next five years, including due to planned  116
transmission outages or other factors;  117
       (b) Estimates the frequency of congestion at each location  118
and the increased cost to ratepayers resulting from the  119
substitution of higher-priced electricity;  120
       (c) Evaluates the technical feasibility and estimates the  121
cost of installing one or more advanced transmission  122
technologies to address each instance of grid congestion  123
identified in division (C)(7)(a)(C)(9)(a) of this section and  124
projects the grid-enhancing technology's efficacy in reducing  125
congestion;  126
       (d) Analyzes the cost-effectiveness of installing grid-  127
enhancing technologies to address each instance of congestion  128
identified in division (C)(7)(a)(C)(9)(a) of this section by  129
using the information developed in division (C)(7)(c)(C)(9)(c)  130
of this section to calculate the payback period of each  131
installation, using a methodology developed by the commission;  132
       (e) Proposes an implementation plan, including a schedule  133
and cost estimate, to install grid-enhancing technologies at  134
each congestion point at which the payback period is less than  135
S. B. No. 457  Page 6
As Introduced
or equal to a value determined by the commission, in order to  136
maximize transmission system capacity, and explains the entity's  137
current line rating methodology.  138
       (10) A report of all electric generation and energy  139
storage interconnection requests within the area served by the  140
transmission system within the state, including all generation  141
and electricity storage types that have requested approval from  142
the power siting board, all community energy projects requesting  143
interconnection to the electric light company, and all behind-  144
the-meter electric generation and storage projects that have  145
requested interconnection with the electric light company.  146
       (11) A report of the status of customer interconnection  147
requests for all customers requesting at least fifty megawatts  148
in electric service within the previous five years, which must  149
contain the following:  150
       (a) The date of the interconnection request;  151
       (b) The requested electrical service expressed in  152
megawatts;  153
       (c) If the customer is receiving, or has received, an  154
engineering study, conducted by the electric light company or an  155
electrical transmission company, and if so, then the dates of  156
initiating and completion of the engineering study;  157
       (d) If the customer has withdrawn their interconnection  158
request, and if so, the date of the withdrawal;  159
       (e) If the customer has signed a letter of agreement, and  160
if so, the date the letter was signed and the requested  161
electrical service in the letter expressed in megawatts;  162
       (f) If the customer has a signed electric service  163
S. B. No. 457  Page 7
As Introduced
agreement, and if so, the date the agreement was signed and the  164
requested electrical service expressed in megawatts;  165
       (g) If the customer has energized, and if so, the measured  166
coincident peak power use of the customer for its transmission  167
zone and electric capacity expressed in megawatts.  168
       (12)(a) A report of the forecast for large load additions;  169
       (b) The report shall include the large load additions  170
forecast and supporting information that the electric light  171
company must submit to a regional transmission organization as  172
part of the regional transmission organization's large load  173
addition process.  174
       (D) The commission shall:  175
       (1) Review (1)(a) For electric light companies, do all of  176
the following:  177
       (i) Review and comment cause an investigation to be made  178
by an independent third party of the facts set forth in the  179
long-term forecast reports filed under division (C) of this  180
section and the underlying data;  181
       (ii) Require the independent third party to file a written  182
report of investigation on the reports long-term forecast report  183
filed under division (C) of this section, and ;  184
       (iii) Require the independent third party to produce its  185
own long-term forecast report for each electric light company,  186
including a large load addition forecast.  187
       (b) The written report of investigation and the long-term  188
forecast required under divisions (D)(1)(a)(ii) and (iii) of  189
this section shall be completed not later than ninety days after  190
the long-term forecast required under division (C) of this  191
S. B. No. 457  Page 8
As Introduced
section is filed.  192
       (c) The commission shall fund the activities of the  193
independent third party through the assessment established by  194
section 4905.10 of the Revised Code and shall make the  195
information contained in the reports readily available to the  196
public and other interested government agencies;.  197
       (2)(2)(a) For gas and natural gas utilities, review and  198
cause an investigation to be made of the facts set forth in the  199
long-term forecast report filed under division (C) of this  200
section.  201
       (b) The investigation shall be conducted by an independent  202
third party. The commission shall fund the activities of the  203
independent third party through the assessment established in  204
section 4905.10 of the Revised Code.  205
       (c) Within ninety days after a long-term forecast report  206
is filed, a written report of investigation on the long-term  207
forecast report filed under division (C) of this section shall  208
be made and filed with the commission. The commission shall make  209
the information contained in a report readily available to the  210
public and other interested government agencies.  211
       (3) Compile and publish each year the general locations of  212
proposed and existing transmission line routes within its  213
jurisdiction as identified in the reports filed under division  214
(C) of this section, identifying the general location of such  215
sites and routes and the approximate year when construction is  216
expected to commence, and to make such information readily  217
available to the public, to each newspaper of daily or weekly  218
circulation within the area affected by the proposed site and  219
route, and to interested federal, state, and local agencies;  220
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As Introduced
       (3)(4) Require all objections to any long-term forecast  221
report filed under division (C) of this section or long-term  222
forecast report filed under division (D)(1)(a)(iii) of this  223
section to be made by any interested party within thirty days  224
after the filing of the long-term forecast report filed under  225
division (D)(1)(a)(iii) of this section.  226
       (5)(a) Hold a public hearing upon the showing of good  227
cause to the commission by an interested partyon a long-term  228
forecast report filed under division (C) of this section, long-  229
term forecast report filed under division (D)(1)(a)(iii) of this  230
section, and any objections filed under division (D)(4) of this  231
section.  232
       If a hearing is held, the (b) The commission shall fix a  233
time for the hearing, which shall be not later than ninety one  234
hundred eighty days after the long-term forecast report is filed  235
under division (C) of this section, and publish notice of the  236
date, time of day, and location of the hearing in a newspaper of  237
general circulation in each county in which the person  238
furnishing the report has or intends to locate a major utility  239
facility and will provide service during the period covered by  240
the report. The notice shall be published not less than fifteen  241
nor more than thirty days before the hearing and shall state the  242
matters to be considered.  243
       (4)(6) Require such information from persons subject to  244
its jurisdiction as necessary to assist in the conduct of  245
hearings and any investigation or studies it may undertake;  246
       (5)(7) Conduct any studies or investigations that are  247
necessary or appropriate to carry out its responsibilities under  248
this section.  249
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As Introduced
       (6)(8) Review and evaluate that advanced transmission  250
technologies were properly reported in accordance with division  251
(C)(7)(C)(9) of this section and allow stakeholders to provide  252
comments.  253
       (7)(9) Approve advanced transmission technology congestion  254
mitigation implementation plans, including cost recovery.  255
       (E)(1) The scope of the hearing held under division (D)(3)  256
(D)(5) of this section shall be limited to issues relating to  257
forecasting. The power siting board, the office of consumers'  258
counsel, and all other persons having an interest in the  259
proceedings shall be afforded the opportunity to be heard and to  260
be represented by counsel. The commission may adjourn the  261
hearing from time to time.  262
       (2) The hearing shall include, but not be limited to, a  263
review of:  264
       (a) The projected loads and energy requirements for each  265
year of the period;  266
       (b) The estimated installed capacity and supplies to meet  267
the projected load requirements;  268
       (c) The long-term forecast report filed pursuant to  269
division (C) of this section;  270
       (d) The long-term forecast report filed under division (D)  271
(1)(a)(iii) of this section;  272
       (e) Objections filed pursuant to division (D) of this  273
section.  274
       (F)(F)(1) Based upon the long-term forecast report  275
furnished filed pursuant to division (C) of this section, the  276
written report of investigation filed pursuant to division (D)  277
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As Introduced
of this section, and the hearing record, the commission, within  278
ninety days from the close of the record in the hearing, shall  279
determine select and adopt, from either the long-term forecast  280
report filed under division (C) of this section or the long-term  281
forecast report filed under division (D)(1)(a)(iii) of this  282
section, the long-term forecast report that is just and  283
reasonable and the most accurate, if the selected report does  284
all of the following:  285
       (1) All (a) Completely and accurately represents all  286
information relating to current activities, facilities  287
agreements, and published energy policies of the state has been  288
completely and accurately represented;  289
       (2) The (b) Bases the load requirements are based on  290
substantially accurate historical information and adequate  291
methodology;  292
       (3) The (c) Utilizes forecasting methods that consider the  293
relationships between price and energy consumption;  294
       (4) The report (d) Completely and accurately identifies  295
and projects reductions in energy, energy demands, and  296
coincident peak load due to energy conservation, peak load  297
management programs, interruptible tariffs, demand response,  298
customer-sited energy generation, customer-sited electricity  299
storage measures in the industrial, commercial, residential,  300
transportation, and energy production sectors in the service  301
area, and the energy demand reductions due to electric light  302
company volt-var optimization;  303
       (5) Utility company (e) Completely and accurately  304
identifies and projects large load additions, including whether  305
additions to energy, demand, and coincident peak load forecasts  306
S. B. No. 457  Page 12
As Introduced
are based on contractual commitments for electric service with  307
an electric light company for a specified location and whether  308
the large load addition customers are considering other  309
locations for electric load;  310
       (f) Includes forecasts of loads and resources that are  311
reasonable in relation to population growth estimates made by  312
state and federal agencies, transportation, and economic  313
development plans and forecasts, and make recommendations where  314
possible for necessary and reasonable alternatives to meet  315
forecasted electric power demand;  316
       (6) The report (g) Completely and accurately considers  317
plans for expansion of the regional power grid and the planned  318
facilities of other utilities in the state;  319
       (7) All (h) Includes assumptions made in the forecast  320
long-term forecast that are reasonable and adequately  321
documented.  322
       (2) If the commission finds that both the long-term  323
forecast report filed under division (C) and the long-term  324
forecast report filed under division (D)(1)(a)(iii) of this  325
section fail to satisfy one or more items listed under division  326
(F)(1) of this section, the commission shall deny approval of  327
the filed long-term forecast report and cause the utility to  328
refile an amended report that complies with division (F)(1) of  329
this section. If the commission determines that a long-term  330
forecast report is inaccurate and unreasonable for two  331
consecutive years, the commission shall assess forfeitures on  332
the entity filing the long-term forecast report under division  333
(C) of this section.  334
       (3) For electric light companies, if the commission finds  335
S. B. No. 457  Page 13
As Introduced
that the adopted long-term forecast report is just and  336
reasonable and satisfies the items listed under division (F)(1)  337
of this section, the commission shall authorize the electric  338
light company to submit the adopted long-term forecast report to  339
the regional transmission organization, including the submittal  340
of the adopted large load addition report as part of the  341
regional transmission organization's large load addition  342
process.  343
       (G) The commission shall adopt rules under section 111.15  344
of the Revised Code to establish criteria for evaluating the  345
long-term forecasts of needs for gas and electric transmission  346
service, to conduct hearings held under this section, to  347
establish reasonable fees to defray the direct cost of the  348
hearings and the review process, and such other rules as are  349
necessary and convenient to implement this section.  350
       (H) The hearing record produced under this section and the  351
determinations of the commission shall be introduced into  352
evidence and shall be considered in determining the basis of  353
need for power siting board deliberations under division (A)(1)  354
of section 4906.10 of the Revised Code. The hearing record  355
produced under this section shall be introduced into evidence  356
and shall be considered by the commission in its initiation of  357
programs, examinations, and findings under section 4905.70 of  358
the Revised Code, and shall be considered in the commission's  359
determinations examinations, and findings under section 4905.70  360
of the Revised Code, and shall be considered in the commission's  361
determinations with respect to the establishment of just and  362
reasonable rates under section 4909.15 of the Revised Code and  363
financing utility facilities and authorizing issuance of all  364
securities under sections 4905.40, 4905.401, 4905.41, and  365
4905.42 of the Revised Code. The forecast findings also shall  366
S. B. No. 457  Page 14
As Introduced
serve as the basis for all other energy planning and development  367
activities of the state government where electric and gas data  368
are required.  369
       (I)(1) No court other than the supreme court shall have  370
power to review, suspend, or delay any determination made by the  371
commission under this section, or enjoin, restrain, or interfere  372
with the commission in the performance of official duties. A  373
writ of mandamus shall not be issued against the commission by  374
any court other than the supreme court.  375
       (2) A final determination made by the commission shall be  376
reversed, vacated, or modified by the supreme court on appeal,  377
if, upon consideration of the record, such court is of the  378
opinion that such determination was unreasonable or unlawful.  379
       The proceeding to obtain such reversal, vacation, or  380
modification shall be by notice of appeal, filed with the  381
commission by any party to the proceeding before it, against the  382
commission, setting forth the determination appealed from and  383
errors complained of. The notice of appeal shall be served,  384
unless waived, upon the commission by leaving a copy at the  385
office of the chairperson of the commission at Columbus. The  386
court may permit an interested party to intervene by cross-  387
appeal.  388
       (3) No proceeding to reverse, vacate, or modify a  389
determination of the commission is commenced unless the notice  390
of appeal is filed within sixty days after the date of the  391
determination.  392
       Section 2. That existing section 4935.04 of the Revised  393
Code is hereby repealed.  394
       Section 3. Section 4935.04 of the Revised Code, as amended  395
S. B. No. 457  Page 15
As Introduced
by this act, shall be known as the Electricity Forecast  396
Integrity Act.  397