(A) The rules in this chapter:
(1) Apply to persons offering or providing any competitive retail natural gas service as defined by division (J) of section 4929.01 of the Revised Code.
(2) Apply to the services of natural gas companies as necessary to implement the rules of this chapter.
(3) Are intended to:
(a) Provide minimum standards for service quality, safety, and reliability.
(b) Provide customers with sufficient information to make informed decisions about competitive retail natural gas service.
(c) Protect customers against deceptive, unfair, and unconscionable acts and practices in the marketing, solicitation, and sale of competitive retail natural gas service and in the administration of any contract for that service.
(d) Promote nondiscriminatory access to competitive retail natural gas services, ensure timely enrollment with retail natural gas suppliers and governmental aggregators, maintain natural gas service, and timely and correctly switch retail natural gas suppliers and governmental aggregators.
(4) Apply to all jurisdictional customers unless otherwise specified.
(B) After notice and an opportunity for hearing, the commission may require a retail natural gas supplier, governmental aggregator or natural gas company to take any appropriate action necessary to comply with these rules and the state's policy as stated in section 4929.02 of the Revised Code, upon any of the following:
(1) The commission's own motion.
(2) Formal or informal complaints brought to the commission.
(3) The application of any a retail natural gas supplier, governmental aggregator, natural gas company, or any person.
(C) The commission may waive any requirement of this chapter, for good cause shown or upon its own motion.
(D) The rules in this chapter shall not relieve retail natural gas suppliers or governmental aggregators from complying with all applicable federal, state, and local laws.
(E) The rules of this chapter supersede any inconsistent provisions, terms, and conditions of the retail natural gas supplier's contracts entered into after the effective date of this chapter or other documents describing service offerings for customers or potential customers in Ohio or any inconsistencies found in the natural gas company tariffs.
(F) Enforcement of any rule in this chapter or commission order adopted thereunder will be conducted in accordance with Chapter 4901:1-34 of the Administrative Code.
(G) The rules in this chapter shall not apply to transactions which involve the supplying or the arranging for the supply of natural gas service to mercantile customers. However, "mercantile customer" excludes a customer for which a declaration has been filed under division (L)(2) of section 4929.01 of the Revised Code.
(H) The governmental aggregator may choose to have the retail natural gas supplier perform certain functions as the governmental aggregator's agent. However, the governmental aggregator is still responsible for ensuring that the requirements of this chapter are met.
R.C. 119.032 review dates: 01/24/2007 and 11/30/2011
Promulgated Under: 111.15
Statutory Authority: 4929.22 , 4905.06
Rule Amplifies: 4929.22 , 4905.04 , 4905.05 , 4929.24 , 4929.30 , 4929.01(L) , 4929.01(N)
Prior Effective Dates: 7/4/02