4901:1-15-29. Relationships with nonutility entities

(A) Owners, directors, officers, or employees of a waterworks company and/or sewage disposal system company may not use their utility position as a means to benefit themselves financially by providing service to a customer through a nonutility entity, unless they disclose to the customer the nature of their interest in the nonutility entity providing the service and the customer has the option of selecting an alternative entity to perform or provide the service.

(B) Where installation of service facilities is performed, not by a waterworks company and/or sewage disposal system company itself, but in whole or in part, by a nonutility entity in which any of the waterworks company and/or sewage disposal system company's owners, directors, officers, or employees has an interest, the waterworks company and/or sewage disposal system company must include in the notification to its customers required by rule 4901:1-15-16 of the Administrative Code, a disclosure of the nature of the relationship which exists between the company and the nonutility entity. Such disclosure must also be made by the utility to a customer when a request to install or provide utility service is initiated.

(C) Where installation of service facilities is performed, not by a waterworks company and/or sewage disposal system company itself, but in whole or in part, by a nonutility entity in which any of the waterworks company and/or sewage disposal system company's owners, directors, officers, or employees has an interest, the contract for performance by the nonutility entity, and all billing and collection pursuant to such contract, shall be between the entity performing the installation and the customer requiring installation of the service facilities, and not between the waterworks company and/or sewage disposal system company and either its customer or the nonutility entity performing the work.

(D) A waterworks company and/or sewage disposal system company may administer fees relating to the installation of service facilities when such installation is not performed by the company. Such fees shall be tariffed fees and shall be charged directly to the customer regardless of which nonutility is chosen to perform such installation.

Five Year Review (FYR) Dates: 08/17/2017 and 08/17/2022
Promulgated Under: 111.15
Statutory Authority: 4905.04
Rule Amplifies: 4905.06
Prior Effective Dates: 12/12/91, 3/24/03, 2/11/05, 8/22/08

Prior History: (R.C. 119.032 review dates: 08/03/2012 and 05/31/2017
Promulgated Under: 111.15
Statutory Authority: 4905.04
Rule Amplifies: 4905.06
Prior Effective Dates: 12/12/91, 3/24/03, 2/11/05, 8/22/08 )