The Ohio Attorney General’s Office has rejected the summary language for a proposed ballot referendum seeking to repeal House Bill 6 (the nuclear subsidy bill).

The Attorney General is charged with determining whether the petition summary is a fair and truthful representation of the measure to be referred.

The AG's office said, "A response letter sent to the petitioners today [Aug. 12] identifies 21 instances of inaccuracies or omissions of statutory language within the text of the summary."

"For these reasons, I am unable to certify the summary as a fair and truthful statement of the measure," Ohio Attorney General Dave Yost said in the letter.

Among the 21 inaccuracies cited by the AG is, as stated by the AG, "that sub-point two of the fourteenth bullet point of the ballot summary attempts to summarize the definition of 'prudently incurred costs related to a legacy generation resource' as amended in R.C. 4928.01(A)(42). These are costs that the Commission may allow electric distribution utilities to recover through an existing bypassable [sic] charge from customers. The definition in the Summary fails to mention that the formula for calculating such costs provides 'that where the net revenues exceed net costs, those excess revenues shall be credited to customers.' R.C. 4928.01(A)(42). It thus fails to disclose a credit that customers might receive"

The AG further said that, "The fifteenth bullet point of the Summary discusses R.C. 4928.148, but entirely omits newly enacted R.C. 4928.148(B), which requires '[a]n electric distribution utility…shall bid all output from a legacy generation resource into the wholesale market and shall not use the output in supplying its standard service offer provided under section 4928.142 or 4928.143 of the Revised Code.'"

See the AG's letter containing all inaccuracies cited by the AG here

The Attorney General does not express an opinion as to the advisability or constitutionality of the proposed ballot measure.

Ohioans Against Corporate Bailouts, which is sponsoring the ballot measure, said that it would resubmit the proposal with revised language. The group must collect another 1,000 signatures as part of the resubmission