4901:1-21-10 Customer information.

(A) Upon customer request and if the competitive retail electric service (CRES) provider possesses such information, a CRES provider shall timely provide to the customer, no more than twice within a twelve-month period, up to twenty-four months of the customer's payment history without charge.

(B) CRES providers shall not disclose a customer's account number without the customer's consent and proof of that consent as delineated in paragraph (E) of this rule, or appropriate order, except for the following purposes:

(1) A CRES provider's collections and credit reporting activities.

(2) Participation in programs funded by the universal service fund, pursuant to section 4928.52 of the Revised Code, such as the percentage of income payment plan programs.

(3) Governmental aggregation, pursuant to section 4928.20 of the Revised Code.

(4) Assignment of a customer contract to another CRES provider.

The CRES provider must use the consent form set forth in paragraph (D) of this rule unless authorization is obtained electronically.

(C) CRES providers shall not disclose a customer's social security number without the customer's written consent as delineated in paragraph (E) of this rule, or a court order, except for the following purposes:

(1) A CRES provider's own credit evaluation.

(2) Electric utility's or CRES provider's own collection and/or credit reporting.

(3) Participation in programs funded by the universal service fund, pursuant to section 4928.52 of the Revised Code, such as the percentage of income payment plan programs.

(4) Assignment of a customer contract to another CRES provider.

(D) CRES providers shall not disclose a customer's energy usage data that is more granular than the monthly historical consumption data, provided in paragraph (E)(1) of rule 4901:1-10-29 of the Administrative Code, without the customer's written consent as delineated in paragraph (E)(1) of this rule, or appropriate order.

(E) Customer information release consent format.

(1) Written consent shall be on a separate piece of paper and shall be clearly identified on its face as a release of personal information and all text appearing on the consent form shall be in at least sixteen-point type. The following statement shall appear prominently on the consent form, just prior to the signature, in type darker and larger than the type in surrounding sentences: "I realize that under the rules and regulations of the public utilities commission of Ohio, I may refuse to allow (name of the CRES provider) to release the information set forth above. By my signature, I freely give (name of the CRES provider) permission to release the information designated above." The written consent form for the release of customer energy usage data shall specify the identity of any recipients of the data, type and granularity of the data being collected, and uses for which the data is being collected. Forms requiring a customer to circle or to check off preprinted types of information to be released may not be used.

(2) Electronic consent shall be in a substantially similar format to the written consent in paragraph (E)(1) of this rule. The following statement shall appear prominently: "I realize that under the rules and regulations of the public utilities commission of Ohio, I may refuse to allow (name of the CRES provider) to release the information set forth above. By providing my electronic signature, I freely give (name of electric utility) permission to release the information designated above."

Effective: 12/01/2014
Five Year Review (FYR) Dates: 07/21/2014 and 07/24/2019
Promulgated Under: 111.15
Statutory Authority: 4928.06 , 4928.10
Rule Amplifies: 4928.10
Prior Effective Dates: 9/18/00, 1/1/04, 6/29/09