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: oStaff Investigation oData Requests and Responses oDiscovery oMotions by Parties to Intervene oIntervenor Testimonies oProcedural 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 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

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 45-75

Months prior to and following filing: oStaff Investigation oData Requests and Responses oDiscovery oMotions by Parties to Intervene oIntervenor Testimonies oProcedural 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 days from denial of rehearing