Section 4901:1-21-09 - Environmental disclosure(A) This rule establishes a process by which customers are assured of receiving information, in a timely and consistent manner, concerning the approximate retail electric generation resource mix and environmental characteristics associated with electrical power offered in Ohio's competitive marketplace.(B) This rule applies to all competitive retail electric service (CRES) providers of retail electric generation service. CRES providers offering or providing more than one contract for power supplies shall disclose the appropriate generation resource mix and environmental characteristics for each such contract.(C) Determination of environmental disclosure data.(1) Contents of environmental disclosure data shall include: (a) Approximate generation resource mix, which consists of the following: CRES providers shall specifically identify each of the following generation sources used in their generation of power: biomass power, coal-fired power, hydro power, natural gas-fired power, nuclear power, oil-fired power, other sources, solar power, and wind power.
CRES providers shall exercise all reasonable efforts to identify the power source or resources used to generate the power in question and maintain documentation sufficient to demonstrate the steps taken to make such identification.
(b) Environmental characteristics, which consists of the following: CRES providers shall report the environmental characteristics typically associated with the generation of power being offered under each supply contract.
CRES providers shall also report the air emissions of nitrogen oxides, sulfur dioxide, and carbon dioxide associated with the generation of power being offered under the supply contract.
In addition, CRES providers shall report the generation of high- and low- level radioactive waste associated with the power being offered under the supply contract.
(2) Methodology for determining environmental disclosure data shall include:(a) At the time of certification, CRES providers shall submit for commission review their proposed methodology for determining their environmental disclosure data.(b) The actual environmental disclosure data, to be provided quarterly, shall be verifiable. CRES providers shall maintain documentation sufficient to demonstrate the accuracy of the actual environmental disclosure data.(c) When calculating the generation resource mix, the CRES provider shall assume that purchased energy has the same generation resource mix as the regional generation resource mix for the twelve-month period of June first to May thirty-first, as provided by the CRES provider's regional transmission organization or independent system operator.(3) Each CRES provider shall submit to staff for its review and approval a proposal for incorporating the use of any renewable energy credits (RECs) into its annual and quarterly environmental disclosures. The proposal should include statements, when applicable, showing:(a) That the CRES provider sold RECs from one of its electric generating facilities.(b) That the CRES provider purchased RECs as a means of complying, in part or whole, with a renewable energy resource benchmark under the state's alternative energy portfolio standard requirements.(c) Whether the CRES provider complied with the renewable energy resource benchmark under the state's alternative energy portfolio standard requirements.(4) Timing for disclosing environmental data:(a) Certified CRES providers shall annually project their environmental disclosure data for the current calendar year.(b) Certified CRES providers shall make quarterly comparisons of actual to projected environmental disclosure data.(c) In order to comply with the above directives,each certified CRES provider should disclose such data each year according to the following schedule: January - disclose projected data for current calendar year.
March - disclose actual data for the prior calendar year, compared to projected data for prior calendar year.
June - disclose actual data for the period January through March of current year, compared to projected data for current calendar year.
September - disclose actual data for the period January through June of current year, compared to projected data for current calendar year.
December - disclose actual data for the period January through September of current year, compared to projected data for current calendar year.
(D) Environmental disclosure to customers shall include:(1) Content: Each customer shall receive environmental disclosure data, as detailed in paragraph (C) of this rule.
(2) Format: The environmental disclosure data shall be provided in a standardized format to facilitate comparisons by customers and should be disclosed in not less than ten-point type. The presentation of this data shall comply with each of the following requirements:
(a) A pie chart illustrating on a percentage basis the various generation resources, as detailed in paragraph (C)(1)(a) of this rule, used in the generation of the power offered under the contract. The percentages shall be rounded to the nearest one-half per cent. The pie chart shall include the use of shading and labels, instead of colors, to more clearly communicate the information as set forth in appendices A and B to this rule. To the extent the pie chart included in appendices A and B to this rule cannot be replicated, CRES providers should exercise reasonable efforts to simulate the required shading to the extent possible.(b) A table illustrating the typical environmental characteristics associated with the generation resource categories detailed in paragraph (C)(1)(a) of this rule. The general categories and assumptions to be depicted in the table are as follows:
Biomass power - results in air emissions and solid waste.
Coal-fired power - results in air emissions and solid waste.
Hydro power - results in wildlife impacts.
Natural gas-fired power - results in air emissions and solid waste.
Nuclear power - results in radioactive waste.
Oil-fired power - results in air emissions and solid waste.
Other sources - results in unknown impacts.
Solar power - results in no significant impacts.
Wind power - results in wildlife impacts.
(c) A bar chart presenting the product-specific air emissions , along with a regional average emission reference. The product-specific emission rates shall appear as a percentage of the average regional emission rate for each of the three types of air emissions, with percentages being calculated from comparison of product-specific and average regional emission rates on a basis of pounds emitted per megawatt hour.(d) The figures reflecting the generation of radioactive wastes shall be presented in a table. High-level radioactive waste shall be reported in pounds per one thousand kilowatt hour (kWh), while low-level radioactive waste is to be reported in cubic feet per one thousand kWh. Any radioactive waste greater than zero but less than ".0001" shall be depicted as <0.0001. For use in the implementation of this rule, the following definitions will apply:
High-level radioactive waste - means nuclear fuel that has been removed from a nuclear reactor.
Low-level radioactive waste - means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or by- product material as defined in section 11(E)(2) of the "Atomic Energy Act of 1954," 68 Stat. 921, 42 U.S.C. 2014(e)(2), as amended by the Price- Anderson Amendments Act of 2005, 119 Stat. 779.
(e) The annual projection of approximate generation resource mix and environmental characteristics should appear as depicted in the example provided in appendix A to this rule. The regional average data, if available, will be updated by the commission by December first of each year or as conditions warrant. The quarterly comparisons of actual environmental disclosure data to projected environmental disclosure data, comprised of data specific to the power offered under the contract, should appear as depicted in the example provided in appendix B to this rule.(f) Each CRES provider shall maintain records detailing the magnitude of each environmental characteristic associated with the power offered under the contract, withsuch details being provided to customers upon request and may be included on a CRES provider's website.(g) A CRES provider may include other information that it feels is relevant to the required environmental disclosure data, provided this additional information is distinctly separated from the required information and the accuracy of any additional information may be readily verified with sufficient documentation.(3) Timing:(a) Annual projection. The CRES provider, at its election, shall either post on its website or mail a printed copy to each customer under contract, its most recent projection of environmental disclosure data, consistent with the schedule presented in paragraph (C)(4) of this rule and the format depicted by appendix A to this rule.
(b) Quarterly comparisons of actual to projected data. The comparison of actual to projected environmental disclosure data shall be provided to customers on a quarterly basis, consistent with both the schedule presented in paragraph (C)(4) of this rule and the format depicted by appendix B to this rule.
These items will be disclosed to customers via the CRES provider's website, bill inserts, or by separate mailing.
(E) Any annual projection and quarterly comparisons of environmental disclsure data provided to staff should be identical in content and format to that provided to customers.
(F) The generation resource mix disclosed pursuant to this rule should not be used as an indicator of the CRES provider's compliance with section 4928.64 of the Revised Code.Ohio Admin. Code 4901:1-21-09
Effective: 7/15/2024
Five Year Review (FYR) Dates: 4/30/2024 and 07/05/2029
Promulgated Under: 111.15
Statutory Authority: R.C. 4928.06, 4928.10
Rule Amplifies: R.C. 4928.10
Prior Effective Dates: 09/18/2000, 01/01/2004, 06/29/2009, 12/01/2014