4901:1-24-11 Transfer or abandonment of a certificate.

(A) A competitive retail electric service (CRES) provider shall not transfer its certificate to any person without prior commission approval.

(1) A CRES provider may apply for commission approval to transfer its certificate by filing a certificate transfer application.

(2) A transfer application shall be automatically approved on the thirty-first day after filing, unless the commission acts to suspend or reject the application.

(B) A CRES provider shall not abandon the service(s) it provides under a certificate without filing an abandonment application and without commission approval. The CRES provider shall fulfill the terms of all existing contracts with customers or assign such contracts to another CRES provider prior to abandoning service.

(1) Abandonment applications shall be filed at least ninety calendar days prior to the effective date on which the CRES provider will cease providing service. The application shall include copies of any notices provided pursuant to paragraphs (B)(2), (B)(3), and (B)(4) of this rule.

(2) At least ninety calendar days prior to abandoning service, a CRES provider shall provide written notice to each electric utility in whose certified territory the CRES provider operates of its intent to cease providing service.

(3) At least ninety calendar days prior to abandoning service, a CRES provider shall provide written notice to its customers of its intent to abandon service. Such notice shall provide instructions to the customers on how they may obtain replacement service(s) and identify the commission's toll-free and TTY telephone numbers.

(4) The CRES provider shall also provide notice of its abandonment on each billing statement rendered to customers beginning at least ninety calendar days prior to the effective date of the abandonment and continuing to provide such notice on all subsequent billing statements until the service is abandoned.

(5) If the commission does not act upon the application within ninety calendar days of the filing date, the application shall be deemed automatically approved on the ninety-first day after the official filing date.

Effective: 06/29/2009
R.C. 119.032 review dates: 11/26/2008 and 09/30/2012
Promulgated Under: 111.15
Statutory Authority: 4928.06
Rule Amplifies: 4928.16
Prior Effective Dates: 9/18/00, 3/1/03