(A) If the commission does not act upon an application for certification or certification renewal within thirty days of the filing date, the application shall be deemed automatically approved pursuant to section 4928.08 of the Revised Code on the thirty-first day after the official filing date.
(1) Upon good cause shown, the commission, or an attorney examiner appointed by the commission, may suspend an application.
(2) If the commission, or an attorney examiner appointed by the commission, has acted to suspend an application, the commission will:
(a) Docket its decision, and notify the applicant of the reasons for such suspension and may direct the applicant to furnish any additional information as the commission deems necessary to evaluate the application.
(b) Act to approve or deny the application within ninety calendar days from the date that the application was suspended.
(c) At its discretion, set the matter for hearing.
(B) In evaluating an application, the commission will consider the information contained in the applicant's application, supporting attachments and evidence, and recommendations of its staff.
(C) The commission will act to approve an application if it finds that all of the following are true:
(1) The applicant is managerially, financially, and technically fit and capable of performing the service it intends to provide.
(2) The applicant is managerially, financially, and technically fit and capable of complying with all applicable commission rules and orders.
(3) The applicant is able to provide reasonable financial assurances sufficient to protect electric distribution utility companies and the customers from default.
(D) When the commission approves an application, it will notify the applicant that its application has been approved and will issue the applicant a numbered certificate that specifies the service(s) for which the applicant is certified to provide and the dates for which the certificate is valid.
(E) Unless otherwise specified by the commission, a competitive retail electric service provider's initial or renewal certificate is valid for a period of two years, beginning and ending on the dates specified on the certificate.
(F) If the commission acts to deny, in whole or in part, an application, it will notify the applicant that its application, or parts of its application, has been denied, including the reason(s) for such denial.
Five Year Review (FYR) Dates: 07/25/2019
Promulgated Under: 111.15
Statutory Authority: 4928.06, 4928.08
Rule Amplifies: 4928.08, 4928.16
Prior Effective Dates: 9/18/00, 3/1/03, 6/29/09