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| Rule |
Rule 4901:1-21-01 | Definitions.
As used in chapter: (A) "Aggregation" means combining the electric load of
multiple retail customers via an agreement with the customers or formation of a
governmental aggregation pursuant to section 4928.20 of the Revised Code for
the purpose of purchasing retail electric generation service on an aggregated
basis. (B) "Aggregator" means a person, certified by the
commission, who contracts with customers to combine the customers'
electric load for the purpose of purchasing retail electric generation service
on an aggregated basis. (C) "Billing and collection agent" has the same meaning
as set forth in division (A)(2) of section 4928.01 of the Revised
Code. (D) "Biomass power" means a renewable generation
resource that is primarily derived from the combustion of organic matter.
Biomass fuels may be solid, liquid, or gas and are derived from feedstocks.
Examples of such feedstocks include, but are not limited to: agricultural crops
and residues, industrial wood and logging residues, farm animal wastes, the
organic portion of municipal solid waste, and methane gas from
landfills. (E) "Commission" means the public utilities commission
of Ohio. (F) "Competitive retail electric service" (CRES) has
the same meaning as set forth in division (A)(4) of section 4928.01 of the
Revised Code, and includes the services provided by an electric services
company, retail electric generation providers, power marketers, power brokers,
aggregators, and governmental aggregators. (G) "Complaint" means any customer/consumer contact
when such contact necessitates follow-up by or with the supplier of electric
service or electric utility to resolve a point of contention. (H) "Consumer" means a person who uses
CRES. (I) "Contract" means an agreement between a customer
and an electric services company that specifies the terms and conditions for
provision of CRES or services. (J) "Certified electric services company" means a
person or entity, under certification by the commission, who supplies or offers
to supply CRES. This term does not apply to an electric distribution utility in
its provision of standard offer generation service. (K) "Customer" means a person who contracts with or is
solicited by a CRES provider for the provision of CRES. (L) "Customer energy usage
data" means data collected from a customer's meter, which is
identifiable to a retail customer. (M) "Deposit" means a sum of money a CRES
provider collects from a customer as a precondition for initiating
service. (N) "Direct solicitation" means face-to-face
solicitation of a customer initiated by a certified electric services company
at a place other than the normal place of business of the
provider. (O) "Distribution service" means the physical
delivery of electricity to consumers through facilities provided by an electric
distribution utility. (P) "Electric cooperative" has the same meaning
as set forth in division (A)(5) of section 4928.01 of the Revised
Code. (Q) "Electric distribution utility" has the same
meaning as set forth in division (A)(6) of section 4928.01 of the Revised
Code. (R) "Electric generation service" means retail
electric generation service. (S) "Electric utility" has the same meaning as
set forth in division (A)(11) of section 4928.01 of the Revised
Code. (T) "Environmental disclosure data" means both
generation resource mix and environmental characteristics. (U) "Governmental aggregation program" means the
aggregation program established by the governmental aggregator with a fixed
aggregation term, which shall be a period of not less than one year and no more
than three years. (V) "Governmental aggregator" has the same
meaning as set forth in division (A)(13) of section 4928.01 of the Revised
Code. (W) "Mercantile customer" has
the same meaning as set forth in division (A)(19) of section 4928.01 of the
Revised Code. (X) "Net metering" has the same meaning as set forth in
division (A)(31) of section 4928.01 of the Revised Code. (Y) "OCC" means the Ohio consumers'
counsel. (Z) "Other sources" means known electric energy
generation resources that cannot reasonably be included within any of the
specific fuel categories. (AA) "Person" has the same meaning as set forth in
division (A)(24) of section 4928.01 of the Revised Code. (BB) "Postmark"
means a mark, including a date, stamped or imprinted on a piece of mail which
serves to record the date of its mailing, which in no event can be earlier than
the date on which the item is actually deposited in the mail. For electronic
mail, postmark means the date the electronic mail was transmitted. (CC) "Power broker" means a person certified by
the commission, who provides power brokerage. (DD) "Power brokerage" means assuming the
contractual and legal responsibility for the sale and/or arrangement for the
supply of retail electric generation service to a retail customer in this state
without taking title to the electric power supplied. (EE) "Power marketer" means a person, certified by
the commission, who provides power marketing services. (FF) "Power marketing" means assuming the
contractual and legal responsibility for the sale and provision of retail
electric generation service to a retail customer in this state and having title
to electric power at some point during the transaction. (GG) "Residential customer" means a customer of a
competitive retail electric service for residential purposes. (HH) "Retail electric service" has the same
meaning as set forth in division (A)(27) of section 4928.01 of the Revised
Code. (II) "Retail electric generation service" means
the provision of electric power to a retail customer in this state through
facilities provided by an electric distribution utility and/or a transmission
entity in this state. The term encompasses the services performed by retail
electric generation providers, power marketers, and power brokers, but does not
encompass the service provided by an electric utility pursuant to section
4928.14 or division (D) of section 4928.35 of the Revised Code. (JJ) "Small commercial customer" means a
commercial customer that is not a mercantile commercial customer. (KK) "Solicitation" means any communication
intended to elicit a customer's agreement to purchase or contract for a
CRES. (LL) "Staff" means the commission staff or its
authorized representative. (MM) "Toll-free" means telephone access provided
to a customer without toll charges to the customer. (NN) "Unknown purchased resources" means electric
energy generation resources neither owned nor operated by a competitive retail
generation supplier where the electric energy generation source(s) or process
cannot be identified after making all reasonable efforts to identify the source
or process used to produce the power.
Last updated July 15, 2024 at 8:28 AM
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Rule 4901:1-21-02 | Purpose and scope.
(A) The rules in this
chapter: (1) Apply to persons
offering or providing any retail electric service which has been declared
competitive pursuant to section 4928.03 of the Revised Code including retail
electric generation, aggregation, power marketing, and power
brokerage. (2) Are intended
to: (a) Provide minimum standards for service quality, safety, and
reliability. (b) Provide consumers with sufficient information to make
informed decisions about competitive retail electric service
(CRES). (c) Protect consumers against misleading, deceptive, unfair, and
unconscionable acts and practices in the marketing, solicitation, and sale of
CRES and in the administration of any contract for that service. (B) After notice and, if necessary, an
opportunity for hearing, the commission may require CRES providers to take any
appropriate action necessary to comply with these rules and the state's
policy as stated in section 4928.02 of the Revised Code upon: (1) The commission's
own motion. (2) Formal or informal
complaints brought to the commission. (3) The application of
any CRES provider. (C) The commission may, upon an
application or a motion by a party, waive any requirement of this chapter,
other than a requirement mandated by statute, for good cause shown. Any CRES
provider requesting a waiver of any requirement in this chapter shall serve
notice of the request upon the Ohio consumers' counsel and all electric
utilities operating in Ohio. (D) The rules in this chapter do not
relieve CRES providers from complying with all applicable federal, state, and
local laws. (E) The rules in this chapter supersede
any inconsistent provisions, terms, and conditions of each CRES provider's
contracts or other documents describing service offerings for customers or
potential customers in Ohio.
Last updated July 15, 2024 at 8:28 AM
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Rule 4901:1-21-03 | General provisions.
Effective:
December 1, 2014
(A) Competitive retail electric service (CRES) providers shall not engage in unfair, misleading, deceptive, or unconscionable acts or practices related to, without limitation, the following activities: (1) Marketing, solicitation, or sale of a CRES. (2) Administration of contracts for CRES. (3) Provision of CRES, including interactions with consumers. (B) CRES providers shall not cause or arrange for the disconnection of distribution service, or employ the threat of such actions, as a consequence of contract termination, customer nonpayment, or for any other reason. (C) CRES providers shall not change or authorize the changing of a customer's supplier of retail electric service without the customer's prior consent, as provided for under rule 4901:1-21-06 of the Administrative Code. For the purpose of procuring CRES, this requirement does not apply to governmental aggregation pursuant to division (A) of section 4928.10 of the Revised Code, or for programs funded by the universal service fund for whom the Ohio development services agency procures electric services pursuant to section 4928.52 of the Revised Code or the assignment of contracts where such assignment occurs in accordance with the rules in Chapter 4901:1-24 of the Administrative Code. (D) For the purposes of market monitoring and providing the public comparative information from CRES providers' residential contract offers, CRES providers shall furnish in a manner designated by the director of the service monitoring and enforcement department, at least one current offer for posting on the apples-to-apples chart within four calendar days of making such offers to Ohio customers.
Last updated July 31, 2024 at 1:54 PM
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Rule 4901:1-21-04 | Records and record retention.
(A) Each competitive retail electric
service provider shall establish and maintain records and data sufficient
to: (1) Verify its compliance
with the requirements of any applicable commission rules. (2) Support any
investigation of customer complaints. (B) Unless otherwise prescribed in this
chapter, all such records should be retained for no less than two
years. (C) Unless otherwise prescribed by the
commission or its authorized representatives, all such records shall be
provided to the staff within three business days of its request.
Last updated July 15, 2024 at 8:29 AM
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Rule 4901:1-21-05 | Marketing, solicitation, and customer information.
(A) Each competitive retail electric
service (CRES) provider that offers retail electric generation service to
residential or small commercial customers shall provide, in marketing materials
that include or accompany a service contract, sufficient information for
customers to make intelligent cost comparisons against offers they receive from
other CRES providers. Offers shall at a minimum include: (1) For fixed-rate offers, the cost per
kilowatt hour for generation service and, if applicable, transmission
service. (2) For per cent-off discounted rates, an
explanation of the discount and the basis on which any discount is
calculated. (3) For variable rate offers, a clear and
understandable explanation of the factors that will cause the price to vary,
including any related indices, and how often the price can change. (4) For flat-monthly rate offers, a
specific listing of the rate to be charged per month for the duration of the
contract. (5) The amount of any other recurring or
nonrecurring CRES provider charges. (6) A statement that the customer will
incur additional service and delivery charges from the electric
utility. (7) A statement of any contract
contingencies or conditions precedent. (B) No CRES provider may engage in marketing, solicitation,
or sales acts, or practices which are unfair, misleading, deceptive, or
unconscionable in the marketing, solicitation, or sale of a CRES. Such unfair,
misleading, deceptive, or unconscionable acts or practices include, but are not
limited to, the following: (1) Soliciting customers
to enroll at either of the following times: (a) After suspension, rescission, or conditional rescission of
its certification by the commission. (b) After denial of certification renewal by the
commission. (2) Failing to comply
with paragraph (A) or (B) of this rule. (3) Failing to provide in
or with its advertisements and promotional materials that make an offer for
sale, a toll-free telephone number (and address for printed materials) which
the potential customer may call or write to request detailed information
regarding the price, terms, conditions, limitations, restrictions, and, if
applicable, environmental characteristics of the service offered. (4) Soliciting via
telephone calls initiated by the CRES provider (or its agent) without first
taking both of the following actions: (a) Obtaining the list of Ohio individuals who have requested to
be placed on the federal trade commission's "do not call"
registry by the appropriate area code. (b) Obtaining monthly updates of the federal trade
commission's "do not call" registry for the appropriate area
code. (5) Engaging in telephone
solicitation of individuals who have been placed on the federal trade
commission's "do not call" registry and who are not otherwise
exempted. (6) Engaging in telephone
solicitation to residential customers either before nine a.m. or after nine
p.m. (7) Engaging in direct
solicitation to residential customers where the CRES provider's sales
agent fails to wear and display a valid CRES provider photo identification. The
format for this identification shall be preapproved by the staff. (8) Advertising or
marketing offers that: (a) Claim that a specific price advantage, savings, or guarantee
exists if it does not. (b) Claim to provide a CRES when such an offer is not a bona fide
offer to sell such services. (c) Offer a fixed price for CRES without disclosing the cost per
kilowatt hour and all recurring and nonrecurring charges. (d) Offer a variable price for CRES without disclosing all
recurring and nonrecurring charges. (e) Fail to disclose all material limitations, exclusions,
contract contingencies, conditions precedent and offer expiration
dates. (f) Offer a variable price for competitive retail electric
service that is not based on verifiable factors. (g) Fail to conspicuously disclose an affiliate relationship with
an existing Ohio electric utility. (h) Lead the customer to believe that the CRES provider is
soliciting on behalf of or is an agent of an Ohio electric utility when no such
relationship exists. (9) Marketing,
advertising, or claiming that the environmental characteristics of any
generation service energy source(s) provide an environmental advantage that
does not exist. (10) Engaging in any
solicitation that will lead the customer to believe that the CRES provider is
soliciting on behalf of or is an agent of any entity other than the CRES
provider. (11) Engaging in direct
solicitation to customers without complying with all applicable ordinances and
laws of the customer's jurisdiction. (C) CRES providers shall perform criminal background checks
on all employees and agents engaged in door-to-door marketing and enrollment.
The criminal background check shall be done by an independent contractor and
the CRES provider shall confirm that the independent contractor has performed a
comprehensive criminal background check on its employees or agents in
accordance with this rule. (D) In the absence of local ordinances or regulations and
to ensure the safety of all involved, CRES providers, and their agents shall
not conduct door-to-door marketing, solicitation, or enrollment outside the
hours of nine a.m. to seven p.m.
Last updated July 15, 2024 at 8:29 AM
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Rule 4901:1-21-06 | Customer enrollment and consent.
(A) Except as provided in paragraph (B)
of this rule, competitive retail electric service (CRES) providers shall
coordinate customer enrollment with the electric utility in accordance with the
procedures set forth in the applicable electric utility tariff. (B) Percentage of income payment plan
(PIPP) customers will be coordinated exclusively by the Ohio development
services agency pursuant to section 4928.54 of the Revised Code. (1) CRES providers are
prohibited from knowingly enrolling PIPP and arrearage crediting program
customers. (2) Customers pending
enrollment with a CRES provider who subsequently become approved for PIPP or
the electric utility's arrearage crediting program shall not be switched
to the CRES provider. (3) Electric utility
customers who have switched to a CRES provider and subsequently become approved
for the electric utility's arrearage crediting program shall be
transferred to the electric utility's standard offer service at the next
regularly scheduled meter read date after the electric utility enrolls the
customer in the program. (4) Until the Ohio
development services agency has in place a mechanism for the administration and
operation of the low-income customer assistance programs, customers who have
switched to a CRES provider and subsequently become approved for PIPP shall be
transferred to the electric utility's standard offer service at the next
regularly scheduled meter read date after the electric utility receives notice
of the customer's participation in PIPP. Such customers shall not be
assessed switching fees. (5) When the host
electric utility is not purchasing the receivables of the affected CRES
provider, the CRES provider shall submit to the host electric utility the
pre-PIPP arrearages for the PIPP participant within sixty calendar days of the
customer's transfer to the electric utility's standard offer service
or the Ohio development services agency's selected CRES provider pursuant
to section 4928.54 of the Revised Code. (C) CRES providers are prohibited from enrolling potential
customers without their consent and proof of that consent as delineated in
paragraph (D) of this rule. This requirement does not apply to automatic
governmental aggregation pursuant to division (A) of section 4928.20 of the
Revised Code and PIPP customers who will be coordinated exclusively by the Ohio
development services agency pursuant to section 4928.54 of the Revised
Code. (D) Residential and small commercial enrollment. (1) Mailings, facsimiles,
and direct solicitation. (a) Where enrollment occurs by mail, facsimile, or direct
solicitation, the customer's signature on a contract shall constitute
consent. (b) Consistent with rule 4901:1-21-05 of the Administrative Code,
prior to entering into a contract for service, CRES providers shall provide
each customer with enrollment documents that contain, at a minimum,
understandable pricing, the terms and conditions of service, the dollar amount
of all recurring and nonrecurring charges (including any fees for early
termination of the contract), the applicable generation resource mix and
environmental characteristics, and the duration of the contract. (c) Before obtaining a signature from the applicant, CRES
providers shall provide each customer a reasonable opportunity to read all
enrollment documents and shall answer any and all questions posed by any
applicant about information contained in the documents. (d) Immediately upon obtaining the customer's signature,
CRES providers shall provide the applicant a legible copy of the signed
contract. This provision does not apply to direct mail enrollments where the
CRES provider has already provided the customer with a separate, complete copy
of the terms and conditions for the customer's records. The copy of the
terms and conditions must be identical to the signed copy returned by the
customer and include a matching version number. (e) Where enrollment occurs by direct solicitation, customers
shall be advised both verbally and in the contract that: (i) the electric
utility will be sending a confirmation notice of the transfer of service; (ii)
they are allowed seven calendar days to rescind the contract; and, (iii) the
customer must contact the electric utility to rescind the
contract. (f) The CRES provider shall not initiate the switch of a
customer's electric service with the electric utility prior to the
completion of the enrollment transaction with the customer. (g) The CRES provider shall send an electronic enrollment request
to the electric utility within three business days following completion of the
enrollment transaction with the customer, unless a later start date is agreed
to in the contract. (h) CRES providers conducting contract sales to residential
customers through door-to-door solicitation shall provide for independent
third-party verification (TPV) to ensure the validity of the enrollment prior
to submission to the electric utility. The TPV shall be conducted in accordance
with paragraph (D)(2)(a) of rule 4901:1-21-06 of the Administrative Code,
excluding paragraph (D)(2)(a)(vi) of rule 4901:1-21-06 of the Administrative
Code and the process shall include the following: (i) The sales agent shall
contact the party responsible for the TPV at the conclusion of the sales
transaction and provide the necessary contract tracking information to initiate
the TPV process. (ii) The independent
third-party verifier must confirm with the customer that the sales agent has
left the property of the customer. The sales agent is not to return before,
during, or after the TPV process. (iii) The independent
third-party verifier shall structure the TPV interview to give the customer
adequate time to respond to questions and shall not lead the customer in their
response. (iv) The CRES provider
must retain the audio recording of the customer's enrollment for one year
after the contract with the customer is terminated. (i) Terms and conditions print specifications The terms and conditions must be provided to
the residential customer at the time of sale. Paper copies of terms and
conditions must be printed in dark ink on white or pastel paper and be
ten-point type or greater. Electronic copies of the signed contract may be
provided in the following conditions: (i) The customer has
agreed to receive an electronic copy of the contract and provides his/her
electronic mail address. (ii) The TPV conducted in
accordance with paragraph (D)(1)(h) of this rule shall include a verbal
statement and the customer's acknowledgment that the customer consents to
receive a copy of the terms and conditions via electronic mail. (iii) The customer is
offered an unsigned paper copy which includes a version number that matches the
signed electronic copy. (iv) The terms and
conditions are electronically mailed to the customer at the time of
sale. (v) The CRES provider
shall provide a mechanism by which both the submission and receipt of the
electronic terms and conditions are recorded by time and date. (j) The representative of a CRES provider shall leave the
premises of a customer when requested to do so by the customer or the owner or
occupants of the premises. (k) CRES providers shall remove a customer's name from the
marketing/sales database upon the customer's request. (2) Telephonic
enrollment (a) To enroll a residential or small commercial customer
telephonically, a CRES provider shall make a date and time stamped audio
recording verifying before the completion of the telephone call, at a minimum,
all of the following: (i) The CRES
provider's or independent third-party verifier's identity and the
exact purpose of the call. (ii) A verbal statement
and the customer's acknowledgement that the call is being
recorded. (iii) A verbal statement
and the customer's acknowledgement that the CRES provider is not the
customer's current electric utility company and that the customer may
choose to remain with the electric utility company or enroll with another CRES
provider. (iv) A verbal question and the customer's acknowledgement
that the customer wishes to enroll with the provider. (v) A verbal question and the customer's acknowledgement
that the customer is the customer of record at the customer's electric
utility or is authorized to switch providers by the customer of
record. (vi) In accordance with rule 4901:1-21-12 of the Administrative
Code, a verbal statement and the customer's acceptance of each of the
principal terms and conditions for the service that will be provided,
including, but not limited to, all of the following: (a) The service(s) that
will be provided. (b) The
price. (c) The length of the
contract term. (d) An approximate
service commencement date. (e) The contract
termination date, and any fees for customer cancellation prior to such
date. (f) Any material
limitations, exclusions, contract contingencies, or conditions precedent.
(g) Any fees or costs to
the customer. (h) Whether or not the
CRES provider offers budget billing for the generation portion of the
bill. (i) If applicable, whether the provider will perform a credit
check and require a deposit, including the amount. (j) Who will bill for the provider's
service(s). (vii) A verbal statement and the customer's acknowledgement
that the provider will, within one business day, send the customer a written
contract that details the terms and conditions that were summarized in the
telephone call. (viii) A verbal statement and the customer's acknowledgement
that the customer has seven calendar days from the postmark date of the
electric utility's confirmation notice to cancel the contract without
penalty and a reminder that the electric utility will give the customer a
cancellation number to confirm any cancellation of the contract during the
cancellation period. (ix) A toll-free telephone number the customer can call to cancel
the contract. (x) If applicable, a verbal request for and the customer's
provision of the customer's electric utility account number. (xi) A verbal request for and the customer's provision of the
customer's mailing address. (xii) A unique enrollment confirmation number. (b) Following telephonic enrollment, the CRES provider shall
comply with all of the following: (i) Within one business
day, send the customer a written contract that details the terms and conditions
summarized in the telephone call and the generation resource mix and
environmental characteristics information pursuant to rule 4901:1-21-09 of the
Administrative Code. Such contract shall in no way alter the terms and
conditions to which the customer agreed in the telephone call. (ii) Retain the audio
recording of the customer's enrollment for one year after the contract
with the customer is terminated. (iii) Provide a copy of
the audio recording to the customer within three business days of a
request. (c) The CRES provider shall send an electronic enrollment request
to the electric utility no sooner than three business days and no later than
five business days after sending the customer the written contract, unless a
later start date is agreed to in the contract. (d) The CRES provider shall not initiate the switch of a
customer's electric service with the electric utility prior to the
completion of the enrollment transaction with the customer. (e) If a CRES provider during a telephone enrollment engages an
electric utility on a three-way call, the CRES provider shall immediately
disclose they are present on the call with the customer. (3) Internet
enrollment. (a) Where enrollment occurs by internet, prior consent shall be
obtained by encrypted customer input on a provider's internet web
site. (b) The internet enrollment web site shall, at a minimum, include
all of the following: (i) A copy of the CRES
provider's customer contract with all terms and conditions as set forth in
rule 4901:1-21-12 of the Administrative Code. (ii) A conspicuous
statement, within the body of the electronic version of the contract, that
residential and small commercial customers may cancel their enrollment within
seven calendar days following a confirmation notice from the electric
utility. (iii) A statement that
the electric utility will be sending a confirmation notice of the transfer of
service and that the customer should contact the electric utility to rescind
the contract and a reminder that the electric utility will give the customer a
cancellation number to confirm any cancellation of the contract during the
cancellation period. (iv) A conspicuous prompt
for the customer to print or save a copy of the contract. (c) The CRES provider shall not initiate the switch of a
customer's electric service with the electric utility prior to the
completion of the enrollment transaction with the customer. (d) The CRES provider shall send an electronic enrollment request
to the electric utility within three business days following completion of the
enrollment transaction with the customer, unless a later start date is agreed
to in the contract. (e) Any electronic version of the contract shall be identified by
version number, in order to ensure the ability to verify the particular
contract to which the customer assents. (f) Throughout the duration of the contract, the CRES provider
shall retain and, within three business days of the customer's request,
provide to the customer an electronic mail message, paper copy, or facsimile of
the terms and conditions of the numbered contract version to which the customer
assents. (g) The CRES provider shall require the customer to complete an
electronic customer consent form in a format retrievable by the CRES provider
that includes the following: (i) The customer's
agreement to the terms and conditions. (ii) An electronic
agreement version number. (iii) The name of the
CRES provider. (iv) The date the
customer electronically enrolled. (v) The name of the
account holder. (vi) The electric utility
account number or other customer identification number provided by the electric
utility and used for customer choice purposes. (vii) The account
holder's U.S. mailing address. (h) The CRES provider shall provide a mechanism by which both the
submission and receipt of the electronic customer consent form are recorded by
time and date. (i) After the customer completes the electronic customer consent
form, the internet enrollment process shall disclose conspicuously that the
customer has been enrolled and the CRES provider shall provide the customer a
unique enrollment confirmation number. (E) In customer enrollment, if the electric distribution utility
rejects a customer from enrollment, the CRES provider shall notify the customer
within five business days from the electric distribution company's
notification of rejection that the customer will not be enrolled or enrollment
will be delayed, along with the reason(s) therefor.
Last updated July 15, 2024 at 8:33 AM
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Rule 4901:1-21-07 | Credit and deposits.
Effective:
December 1, 2014
(A) Each competitive retail electric service (CRES) provider must establish reasonable and nondiscriminatory creditworthiness standards and may require a deposit or other reasonable demonstration of creditworthiness from a customer as a condition of providing service. (B) In the application of such standards, deposits, or creditworthiness procedures, the CRES provider shall: (1) Disclose in service contracts with customers its policies regarding creditworthiness and deposits, including the amount of any deposit, the allocation of the deposit, and the return of any deposit balance. (2) Accept a reasonable and nondiscriminatory cash deposit as sufficient evidence of the customer's creditworthiness to initiate service. (3) Disclose whether interest will be paid on deposits, and the applicable rate of interest. (4) Provide the customer a receipt for any deposit within ten business days of the date that the deposit is collected. (5) Return the deposit within seven business days if the customer cancels the contract during the rescission period. (6) Apply the deposit to the final bill and promptly refund any excess to the customer when service is terminated. (7) Not require an applicant to pay the balance due another CRES provider as a condition of establishing credit or providing competitive retail electric service.
Last updated July 31, 2024 at 1:54 PM
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Rule 4901:1-21-08 | Customer access, slamming complaints, and complaint handling procedures.
(A) Customer access (1) Each competitive
retail electric service (CRES) provider shall ensure customers reasonable
access to its service representatives to make inquiries and complaints, discuss
charges on customer bills, terminate competitive service, and transact any
other pertinent business. (2) Telephone access
shall be toll-free or local, and afford customers prompt answer times during
normal business hours. (3) Each CRES provider
shall provide a twenty-four hour automated telephone message instructing
callers to report any service interruptions or electrical emergencies to their
electric utility. (B) Customer complaints (1) Each CRES provider shall investigate
customer complaints (including customer complaints referred by the electric
utility) and provide a status report within three business days following
receipt of the complaint to: (a) The customer, when the complaint is made directly to the CRES
provider. (b) The customer and staff, when a complaint is referred to the
CRES provider by the staff. (2) If an investigation is not completed
within ten business days, the CRES provider shall provide status reports,
either orally or in writing, to the customer, or if applicable, to the customer
and staff. Such status reports shall be provided at three business-day
intervals until the investigation is complete, unless agreed to
otherwise. (3) The CRES provider shall inform the
customer, or the customer and staff, of the results of the investigation,
orally or in writing, no later than three business days after completion of the
investigation. The customer or staff may request the report in
writing. (4) If a residential or small commercial
customer disputes the CRES provider's report, the CRES provider shall
inform the customer that the staff is available to help resolve informal
complaints. The CRES provider shall provide the consumer with the current
address, the toll-free number of the commission's call center, the
telephone number through which hearing and speech impaired customers may
contact the commission, and the commission's website. (5) Each CRES provider shall retain
records of customer complaints, investigations, and complaint resolutions for
one year after the occurrence of such complaints. (6) Each CRES provider shall make good
faith efforts to resolve disputes, and cooperate with the resolution of any
joint issues with the electric utility. (C) Slamming complaints. (1) A slamming complaint
is a customer's allegation that the customer's supplier of electric
service has been switched without the customer's
authorization. (2) If a customer
contacts the CRES provider alleging that the customer's supplier has been
switched without the customer's authorization, the CRES provider shall
take the following actions: (a) Provide the customer with the enrollment information
contained in its records. (b) Refer the customer to the commission and provide the customer
with the commission's current address, the toll-free number of the
commission's call center, the telephone number through which hearing and
speech impaired customers may contact the commission, and the commission's
website. (c) Cooperate with staff in any subsequent investigations of the
slamming complaint, including assisting staff in determining the amount of any
restitution owed to the customer pursuant to paragraph (C)(5) of this rule if
the customer was switched without authorization from the customer's
supplier of electric service. (3) If a customer
initiates a slamming complaint with staff within thirty calendar days after
being issued a bill from the alleged slammer, the customer shall not be
required to pay the current charges assessed by the alleged slammer until the
staff determines that the change in the customer's electric service
provider was authorized. (4) Except as provided in
rules 4901:1-21-16 and 4901:1-21-17 of the Administrative Code, if the CRES
provider cannot produce valid documents confirming that the customer authorized
the switch, there shall be a rebuttable presumption that the customer was
switched without authorization. Such documents shall include one of the
following, in conformance with the requirements of rule 4901:1-21-06 of the
Administrative Code: (a) A signed contract, in the case of direct
enrollment. (b) An audio recording, in the case of telephonic
enrollment. (c) Electronic consent, in the case of internet
enrollment. (5) If staff determines
that the customer was switched without authorization, the CRES provider
responsible for initiating the switch shall by the end of the succeeding
billing period following the customer's return to the correct supplier of
electric service, take all three of the following actions: (a) Credit or refund to the customer any fees previously charged
for switching the customer to and from the correct supplier of electric
service. (b) Either of the two following actions: (i) If reported to staff within the thirty calendar days after
being issued a bill from the alleged slammer, absolve the customer of any
liability for charges assessed by the slamming CRES provider to the customer
and refund to the customer any charges collected from the
customer. (ii) If reported to staff more than thirty calendar days after
being issued a bill from the alleged slammer, credit the customer any fees the
slamming CRES provider charged in excess of the amount the customer would have
paid its previous supplier of electric service for the same usage. (c) If the customer can not be returned to the original contract
terms with its previous supplier of electric service, the slamming CRES
provider shall credit or refund to the customer the value of the
customer's contract with the customer's previous supplier of electric
service for the remaining term of the contract immediately prior to the
slam. (6) In the event the
customer was switched without authorization, the customer's previous CRES
provider shall take all of the following actions: (a) Re-enroll the customer without penalty under such
customer's original contract price and terms, including substantially
similar inducements to enter such contract. If the original CRES provider is
unable to return the customer to the original contract price, the original CRES
provider may enroll the customer in a new contract pursuant to the provisions
of rule 4901:1-21-06 of the Administrative Code, or the customer may select a
new CRES provider, or return to the electric utility's standard offer
service. (b) Issue the customer a credit on the first bill following the
customer's re-enrollment, for any exit fees previously charged the
customer as a result of the unauthorized switch, or directly reimburse the
customer for such fees. (c) Assist staff in determining the amount of any restitution
owed the customer under this rule. (7) If staff informs the
CRES provider that a customer was switched without the customer's
authorization, the CRES provider that improperly initiated the switch shall
within thirty calendar days reimburse the prior CRES provider and the electric
utility for any reasonable incremental costs incurred by them to correct the
unauthorized switch. (8) If staff determines
that a customer's service was switched without the customer's
authorization, staff will notify the electric utility of such determination.
After such notification, and if the electric utility is not at fault, the
electric utility may then seek reimbursement from the CRES provider that
improperly initiated the switch for any incremental costs incurred by the
electric utility to correct the unauthorized switch including any switching
fees. The electric utility shall provide the CRES provider an itemized list of
any such incremental costs. (9) If correcting an
unauthorized switch involves returning the customer to its previous CRES
provider, the electric utility shall make the corrective switch at the next
regularly scheduled meter reading date following receipt of the enrollment
request from the previous CRES provider. Such corrective switch shall be made
in accordance with the electric utility's normal practices and procedures
for switching customers, except that the electric utility shall not charge or
shall credit to the customer any switching fees and the electric utility is not
required to issue the customer the notice mentioned in paragraph (F)(1) of rule
4901:1-10-29 of the Administrative Code. (10) If correcting an
unauthorized switch involves returning the customer to the electric
utility's standard offer service, the electric utility shall make the
corrective switch at the next regularly scheduled meter reading date in
accordance with the electric utility's normal practices and procedures for
switching customers, except that the electric utility shall not charge or shall
credit to the customer any switching fees and that the electric utility is not
required to issue the customer the notice mentioned in paragraph (F)(1) of rule
4901:1-10-29 of the Administrative Code. (11) If, as part of
correcting an unauthorized switch, a customer who was taking standard offer
service from the electric utility at the time of the unauthorized switch is
returned to standard offer service, the customer shall not be subject to any
minimum stay or other commission-approved alternative for returning customers,
unless the customer would have been subject to such a requirement had the
unauthorized switch not occurred. (12) If the electric
utility switches a CRES provider's customer to the electric utility's
standard offer service without authorization by the customer, without the
authorization of the appropriate CRES provider or pursuant to a commission
order, the electric utility shall take all of the following
actions: (a) Not charge, or shall credit the customer, any switching fees
and shall return the customer to the previous CRES provider, making the
corrective switch at the next regularly scheduled meter reading date following
receipt of the enrollment request from the previous CRES provider. (b) By the next billing cycle, take all three of the following
actions: (i) Credit or refund to
the customer any fees previously charged for switching the customer to the CRES
provider. (ii) Either of the two
following actions: (a) If reported to staff within thirty calendar days after being
issued a bill by the alleged slammer, absolve the customer of any liability for
any charges assessed by the slamming electric utility to the customer and
refund to the customer any charges collected from the customer. (b) If reported to staff more than thirty calendar days after
being issued a bill by the alleged slammer, credit the customer any fees the
slamming electric utility charged in excess of the amount the customer would
have paid its previous CRES provider for the same usage. (iii) If the customer can not be returned to the original contract
terms with its previous CRES provider, the slamming electric utility shall
credit or refund to the customer, the value of the customer's contract
with the customer's previous supplier of electric service for the
remaining term of the contract immediately prior to the slam. (c) Reimburse the CRES provider for any incremental costs
incurred by the CRES provider to correct the unauthorized switch, within thirty
calendar days of receiving an itemized invoice of the incurred incremental
costs.
Last updated July 15, 2024 at 8:33 AM
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Rule 4901:1-21-09 | Environmental disclosure.
(A) This rule establishes a process by
which customers are assured of receiving information, in a timely and
consistent manner, concerning the approximate retail electric generation
resource mix and environmental characteristics associated with electrical power
offered in Ohio's competitive marketplace. (B) This rule applies to all competitive
retail electric service (CRES) providers of retail electric generation service.
CRES providers offering or providing more than one contract for power supplies
shall disclose the appropriate generation resource mix and environmental
characteristics for each such contract. (C) Determination of environmental
disclosure data. (1) Contents of
environmental disclosure data shall include: (a) Approximate generation resource mix, which consists of the
following: CRES providers shall specifically identify
each of the following generation sources used in their generation of power:
biomass power, coal-fired power, hydro power, natural gas-fired power, nuclear
power, oil-fired power, other sources, solar power, and wind power. CRES providers shall exercise all reasonable
efforts to identify the power source or resources used to generate the power in
question and maintain documentation sufficient to demonstrate the steps taken
to make such identification. (b) Environmental characteristics, which consists of the
following: CRES providers shall report the environmental
characteristics typically associated with the generation of power being offered
under each supply contract. CRES providers shall also report the air
emissions of nitrogen oxides, sulfur dioxide, and carbon dioxide associated
with the generation of power being offered under the supply contract. In addition, CRES providers shall report the
generation of high- and low-level radioactive waste associated with the power
being offered under the supply contract. (2) Methodology for
determining environmental disclosure data shall include: (a) At the time of certification, CRES providers shall submit for
commission review their proposed methodology for determining their
environmental disclosure data. (b) The actual environmental disclosure data, to be provided
quarterly, shall be verifiable. CRES providers shall maintain documentation
sufficient to demonstrate the accuracy of the actual environmental disclosure
data. (c) When calculating the generation resource mix, the CRES
provider shall assume that purchased energy has the same generation resource
mix as the regional generation resource mix for the twelve-month period of June
first to May thirty-first, as provided by the CRES provider's regional
transmission organization or independent system operator. (3) Each CRES provider
shall submit to staff for its review and approval a proposal for incorporating
the use of any renewable energy credits (RECs) into its annual and quarterly
environmental disclosures. The proposal should include statements, when
applicable, showing: (a) That the CRES provider sold RECs from one of its electric
generating facilities. (b) That the CRES provider purchased RECs as a means of
complying, in part or whole, with a renewable energy resource benchmark under
the state's alternative energy portfolio standard
requirements. (c) Whether the CRES provider complied with the renewable energy
resource benchmark under the state's alternative energy portfolio standard
requirements. (4) Timing for disclosing
environmental data: (a) Certified CRES providers shall annually project their
environmental disclosure data for the current calendar year. (b) Certified CRES providers shall make quarterly comparisons of
actual to projected environmental disclosure data. (c) In order to comply with the above directives, each certified
CRES provider should disclose such data each year according to the following
schedule: January - disclose projected data for current
calendar year. March - disclose actual data for the prior
calendar year, compared to projected data for prior calendar year. June - disclose actual data for the period
January through March of current year, compared to projected data for current
calendar year. September - disclose actual data for the
period January through June of current year, compared to projected data for
current calendar year. December - disclose actual data for the
period January through September of current year, compared to projected data
for current calendar year. (D) Environmental disclosure to customers
shall include: (1) Content: Each customer shall receive environmental
disclosure data, as detailed in paragraph (C) of this rule. (2) Format: The environmental disclosure data shall be
provided in a standardized format to facilitate comparisons by customers and
should be disclosed in not less than ten-point type. The presentation of this
data shall comply with each of the following requirements: (a) A pie chart illustrating on a percentage basis the various
generation resources, as detailed in paragraph (C)(1)(a) of this rule, used in
the generation of the power offered under the contract. The percentages shall
be rounded to the nearest one-half per cent. The pie chart shall include the
use of shading and labels, instead of colors, to more clearly communicate the
information as set forth in appendices A and B to this rule. To the extent the
pie chart included in appendices A and B to this rule cannot be replicated,
CRES providers should exercise reasonable efforts to simulate the required
shading to the extent possible. (b) A table illustrating the typical environmental
characteristics associated with the generation resource categories detailed in
paragraph (C)(1)(a) of this rule. The general categories and assumptions to be
depicted in the table are as follows: Biomass power - results in air emissions and
solid waste. Coal-fired power - results in air emissions
and solid waste. Hydro power - results in wildlife
impacts. Natural gas-fired power - results in air
emissions and solid waste. Nuclear power - results in radioactive
waste. Oil-fired power - results in air emissions
and solid waste. Other sources - results in unknown
impacts. Solar power - results in no significant
impacts. Wind power - results in wildlife
impacts. (c) A bar chart presenting the product-specific air emissions,
along with a regional average emission reference. The product-specific emission
rates shall appear as a percentage of the average regional emission rate for
each of the three types of air emissions, with percentages being calculated
from comparison of product-specific and average regional emission rates on a
basis of pounds emitted per megawatt hour. (d) The figures reflecting the generation of radioactive wastes
shall be presented in a table. High-level radioactive waste shall be reported
in pounds per one thousand kilowatt hour (kWh), while low-level radioactive
waste is to be reported in cubic feet per one thousand kWh. Any radioactive
waste greater than zero but less than ".0001" shall be depicted as
<0.0001. For use in the implementation of this rule,
the following definitions will apply: High-level radioactive waste - means nuclear
fuel that has been removed from a nuclear reactor. Low-level radioactive waste - means
radioactive waste not classified as high-level radioactive waste, transuranic
waste, spent nuclear fuel, or by-product material as defined in section
11(E)(2) of the "Atomic Energy Act of 1954," 68 Stat. 921, 42 U.S.C.
2014(e)(2), as amended by the Price-Anderson Amendments Act of 2005, 119 Stat.
779. (e) The annual projection of approximate generation resource mix
and environmental characteristics should appear as depicted in the example
provided in appendix A to this rule. The regional average data, if available,
will be updated by the commission by December first of each year or as
conditions warrant. The quarterly comparisons of actual environmental
disclosure data to projected environmental disclosure data, comprised of data
specific to the power offered under the contract, should appear as depicted in
the example provided in appendix B to this rule. (f) Each CRES provider shall maintain records detailing the
magnitude of each environmental characteristic associated with the power
offered under the contract, with such details being provided to customers upon
request and may be included on a CRES provider's website. (g) A CRES provider may include other information that it feels
is relevant to the required environmental disclosure data, provided this
additional information is distinctly separated from the required information
and the accuracy of any additional information may be readily verified with
sufficient documentation. (3) Timing: (a) Annual projection. The CRES provider, at its election, shall
either post on its website or mail a printed copy to each customer under
contract, its most recent projection of environmental disclosure data,
consistent with the schedule presented in paragraph (C)(4) of this rule and the
format depicted by appendix A to this rule. (b) Quarterly comparisons of actual to projected
data. The comparison of actual to projected
environmental disclosure data shall be provided to customers on a quarterly
basis, consistent with both the schedule presented in paragraph (C)(4) of this
rule and the format depicted by appendix B to this rule. These items will be disclosed to customers
via the CRES provider's website, bill inserts, or by separate
mailing. (E) Any annual projection and quarterly comparisons
of environmental disclsure data provided to staff should be identical in
content and format to that provided to customers. (F) The generation resource mix disclosed
pursuant to this rule should not be used as an indicator of the CRES
provider's compliance with section 4928.64 of the Revised
Code.
Last updated July 15, 2024 at 8:34 AM
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Rule 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, 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 should 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."
Last updated July 15, 2024 at 8:34 AM
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Rule 4901:1-21-11 | Contract administration.
(A) Competitive retail electric service
(CRES) providers, except automatic governmental aggregation pursuant to
division (A) of section 4928.20 of the Revised Code, and percentage of income
payment plan customers for whom the Ohio development services agency procures
electric services pursuant to section 4928.52 of the Revised Code, shall
arrange for the provision of competitive retail electric service by contracting
with their customers. In their administration of such contracts, CRES providers
are prohibited from engaging in unfair, deceptive, misleading, and
unconscionable acts and practices. (B) CRES providers shall arrange for the
provision of CRES to residential and small commercial customers in compliance
with rule 4901:1-21-06 of the Administrative Code. (C) CRES providers shall maintain copies of individual customer
contracts for no less than two years after each such contract terminates.
Copies may be saved in electronic formats if such preserves the image of the
original signatures on signed documents. (D) In its administration of residential and small commercial
contracts, a CRES provider shall also comply with the following
requirements: (1) A CRES provider shall
not assign customer contract(s) to another CRES provider without: (a) Providing a minimum of fourteen calendar days written notice
to the director of the service monitoring and enforcement department or the
director's designee and any affected electric utility before the contract
assignment, with such notice including: (i) The name of the CRES
provider to whom the contracts will be assigned. (ii) The type of
contracts to be assigned (i.e., residential, small commercial). (iii) The number of
contracts to be assigned. (iv) The electric utility
service territories involved. (v) The date of the
proposed assignment. (vi) A copy of the
customer notification. (b) Providing written notice to the customer prior to the
customer's next bill that includes a statement that following the
assignment the customer's service will continue under the same rates,
terms, and conditions established under the original contract and includes the
new CRES provider's name, toll-free number, and address. (2) When assigned a
contract previously administered by another CRES provider, the CRES provider to
whom the contract is assigned shall comply with all terms and conditions in
effect for the contract before the assignment occurred. (3) A CRES provider shall
comply in a timely manner with all valid notices from customers to cancel or
terminate the contract as provided for by the contract and by these
rules. (4) A CRES provider shall
assign a number to each version of its standard contract form (including
changes in contract price), retain such forms for no less than two
years. (E) Residential and small commercial customers shall have the
right to rescind their contracts, within seven calendar days following the
postmark date on the electric utility's confirmation notice: (1) By calling the
electric utility at the designated local or toll-free number (2) By written notice to
the electric utility, which is effective as of the date of the
postmark. (F) Contract renewals (1) The provisions of
this paragraph apply to residential and small commercial contracts that contain
automatic renewal clauses except those which renew on a month-to-month
basis. (2) For contracts that contain an early
termination or cancellation option with no fee for early termination or
cancellation, upon renewal, the CRES provider shall, in a separate notice,
notify customers of such expiration at least forty-five calendar days, but not
more than ninety calendar days, in advance of the contract expiration date.
Such notice shall accurately describe or highlight any changes and state that
the customer contract will renew at the specified rate unless the customer
affirmatively cancels the contract. Such notices must clearly and accurately
describe the manner in which the customer may cancel the contract and the time
during which the customer must act to cancel the contract. (a) The notice shall be made by separate mailing (envelope or
postcard), with the front cover stating: "Important notice regarding your
electric service contract." (b) The notice shall, at a minimum, state any renewal period and
how the customer may terminate, renew, and/or extend the contract. (c) The renewal period for contracts with renewal provisions
shall not exceed the initial contract period. (3) For contract renewals that contain an
early termination or cancellation option with a fee of twenty-five dollars or
less for early termination or cancellation, upon renewal, the CRES provider
shall provide the customer with two separate notices that accurately describe
or highlight any changes and state that the customer contract will renew at the
specified rate unless the customer affirmatively cancels the contract. Such
notices must clearly and accurately describe in understandable language the
manner in which the customer may cancel the contract and the time during which
the customer must act to cancel the contract. The first notice shall be in
writing in accordance with the requirements of this rule and be provided at
least forty-five calendar days, but no more than ninety calendar days in
advance of the contract expiration date. The second notice may be in writing in
accordance with paragraphs (F)(2)(a) to (F)(2)(c) of this rule, by telephone,
by a notice on the customer's monthly bill, or by electronic mail. The
second notice shall be provided at least thirty-five calendar days in advance
of the contract expiration and contain the rate at which the customer contract
will renew, or in the case of a variable rate, the applicable
formula. (a) In the event that the CRES provider provides the second
notice by telephone, the CRES provider or opt-in governmental aggregator must
confirm that the customer of record is on the line, clearly explain both the
new contract price and the manner in which the customer may cancel the
contract, record the entire conversation, and retain such recording in a manner
consistent with rule 4901:1-21-06 of the Administrative Code. (b) In the event that the CRES provider provides the second
notice on the customer's monthly bill, such notice must be in a different
color, highlighted, or otherwise differentiated from the remainder of the
bill. (c) In the event that the CRES provider provides the second
notice by electronic mail, the notice must: (i) State "Important
notice regarding your electric service contract" in the subject area of
the message. (ii) Be from an
electronic mail address that is readily identifiable as the CRES
provider. (iii) Includes a
mechanism by which both the submission and receipt of the renewal notice is
recorded by date and time. (d) This paragraph shall not apply to contract renewals which
renew on a month-to-month basis. (4) For contract renewals that contain an
early termination or cancellation option with a fee greater than twenty-five
dollars for early termination or cancellation or which contain no option for
early termination or cancellation, upon renewal, the CRES provider shall notify
the customer of any changes, describe or highlight each change, and also obtain
the customer's affirmative consent to such changes pursuant to any of the
enrollment procedures established in rule 4901:1-21-06 of the Administrative
Code. In addition, the CRES provider shall notify the customer that no response
will result in the customer automatically reverting to the electric utility
unless the customer chooses another CRES provider. The notice shall be provided
at least forty-five calendar days, but not more than ninety calendar days in
advance of the contract expiration date, and comply with paragraphs (F)(2)(a)
to (F)(2)(c) of this rule. This paragraph shall not apply to contract renewals
which renew on a month-to-month basis. (G) The CRES provider shall furnish written notice to residential
and small commercial customers of pending contract expiration between
forty-five and ninety calendar days before the contract expires. Such notice
shall be made by separate mailing (envelope or postcard), or by conspicuously
placed bill message or bill insert, with the front cover of such mailing
containing the following statement: "Important notice regarding your
electric service contract's expiration." This notice may be combined
with a renewal notice specified in paragraph (F) of this rule. This paragraph
does not apply to the expiration of contract periods of one month or
less. If the contract does not contain an automatic
renewal clause, the notice shall include a statement that the customer will
automatically default to the electric utility's standard offer service if
the customer does not re-enroll with the current CRES provider or enroll with
another CRES provider. (H) In instances where the customer and
the CRES provider agree to a material change to an existing contract, the CRES
provider shall obtain proof of consent and provide details of the revised
contract terms and conditions as delineated in paragraph (D) of rule
4901:1-21-06 of the Administrative Code. (I) No CRES provider contract shall limit a residential or
small commercial customer's right to make formal or informal complaints to
the commission. A CRES provider shall not require a residential or small
commercial customer as part of the terms of service to engage in alternative
dispute resolution.
Last updated July 15, 2024 at 8:34 AM
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Rule 4901:1-21-12 | Contract disclosure.
Effective:
October 21, 2024
(A) All competitive retail electric
service (CRES) provider customer contracts shall include, but not be limited
to, the following information: (1) If applicable, a
notification that the electric utility may charge switching fees to the
customer. (2) A notification that
the customer has the right to request from the CRES provider, twice within a
twelve-month period, up to twenty-four months of the customer's payment
history without charge. (B) All CRES provider contracts with
residential and small commercial customers shall include, but not be limited
to, the following information (to be stated in clear and understandable
language): (1) The CRES
provider's name, mailing address, internet address (if applicable), and a
toll-free telephone number (with hours of operation and time-zone reference)
for customer contacts. (2) The services to be
provided by the CRES provider and those to be provided by the electric utility,
including which entity will bill for those services. (3) The number of days a
customer has to cancel such contract without penalty and the methods for
customers to make such cancellation by contacting the electric utility (orally,
electronically, and in writing). (4) The respective
policies, procedures, and any penalties for contract termination by the CRES
provider and by the customer after the cancellation period. (5) A notification that
the CRES provider may terminate the contract on at least fourteen calendar days
written notice should the customer fail to pay the bill or fail to meet any
agreed-upon payment arrangements. (6) The customer's
right to terminate the contract without penalty in one of the following
circumstances: (a) If the customer moves outside the CRES provider's
service area or into an area where the CRES provider charges a different
price. (b) If the contract allows the CRES provider to terminate the
contract for any reason other than the customer's failure to pay or the
occurrence of a force majeure event, including but not limited to, a change in
any governing law or regulation that physically prevents or legally prohibits
the CRES provider from performing under the terms of the contract. (7) An itemized list and
explanation of all prices and all fees associated with the service such
that: (a) For fixed-rate offers, such information shall, at minimum,
include the cost per kilowatt hour for generation service, and, if applicable,
transmission service. (b) For per cent-off discounted rates, an explanation of
the discount and the basis on which any discount is calculated. (c) For variable-rate offers, either of the following
options: (i) A clear and
understandable formula, based on publicly available indices or data that the
CRES provider will use to determine the rate that will be charged. In the event
that the CRES provider chooses to follow this option, the indices or data on
which the price is based must be clearly identified in the contract terms and
conditions. (ii) A clear and
understandable explanation of the factors that will cause the price to vary
including any related indices and how often the price can change. In the event
that the CRES provider chooses to follow this option, no early termination fee
may be charged. (d) For offers based upon kilowatt hours, the unit price
per kilowatt hour. (e) For flat-monthly rate offers, a specific listing of the
rate to be charged per month for the duration of the contract. (8) The amount of any
other recurring or nonrecurring CRES provider charges and a statement that the
customer will incur additional service and delivery charges from the electric
utility. (9) The terms and conditions of service,
including any restrictions, limitations, contingencies, or conditions precedent
associated with the service or product offered. (10) Procedures for handling complaints
and disputes, including the following statement: "If your complaint is not resolved after
you have called your electric supplier and/or your electric utility, or for
general utility information, residential and business customers may contact the
public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826
(toll free) from eight a.m. to five p.m. weekdays, or at
http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the
PUCO via 7-1-1 (Ohio relay service)." (11) The Ohio consumers' counsel
(OCC) represents residential utility customers in matters before the PUCO. The
OCC can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m.
weekdays, or at http://www.pickocc.org." (12) Billing intervals and any late
payment fees. (13) Contract duration, including the
estimated starting and expiration dates and a commitment that service shall
begin with the next available meter reading after processing of the request by
the electric utility and the CRES provider; (14) If the contract contains an automatic
renewal provision and the terms of such provision do not require the
customer's affirmative consent, a conspicuous, highlighted statement
indicating that the CRES provider can renew this contract without the
customer's affirmative consent even when there is a change in the rate or
other terms and conditions. (15) Any credit, deposit, and collection
procedures, including terms and conditions associated with the return of any
deposit at the time of contract termination. (16) For generation service contracts, an
incorporation by reference of information (accompanying the contract) regarding
the approximate generation resource mix and environmental characteristics of
the power supplies. (17) Who will bill for the CRES
provider's service(s). (18) A notification that the CRES provider
is prohibited from disclosing a customer's social security number and/or
account number(s) without the customer's consent except for the CRES
provider's own collections and credit reporting, participation in programs
funded by the universal service fund pursuant to section 4928.52 of the Revised
Code, or assigning a customer contract to another CRES provider. (19) A statement informing customers that
if they switch back to (name of electric utility) they may or may not be served
under the same rates, terms, and conditions that apply to other customers
served by the electric utility. (20) A statement indicating to the
customer whether the CRES provider offers budget billing for the generation
portion of the bill. (21) A statement informing customers that
the failure to pay electric utility charges may result in the customer being
disconnected in accordance with the electric utility tariff. (22) If, due to a change
in market conditions, the CRES provider wishes to lower the price per kilowatt
hour charged to the customer under an existing contract, it may do so without
consent provided there are no other changes to the terms and conditions to the
contract.
Last updated October 22, 2024 at 8:20 AM
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Rule 4901:1-21-13 | Net metering contracts.
(A) An electric services company providing retail electric generation service may offer net metering to its customers by developing a contract for net metering that is consistent with the requirements of rules 4901:1-21-11 and 4901:1-21-12 of the Administrative Code. Such contract shall be made available upon request to qualifying customer generators. (1) A qualifying customer generator is one whose generating facilities are: (a) Fueled by solar, wind, biomass, landfill gas, or hydropower, or use a microturbine or a fuel cell. (b) Located on a customer generator's premises. (c) Operated in parallel with the electric utility's transmission and distribution facilities. (d) Intended primarily to offset part or all of the customer generator's requirements for electricity. (2) Notwithstanding paragraph (A)(1) of this rule, a hospital, as defined in section 3701.01 of the Revised Code, may become a qualifying customer generator by meeting the requirements of paragraphs (A)(1)(b) and (A)(1)(c) of this rule. (3) Net metering arrangements shall be made available regardless of the date the customer's generating facility was installed. (B) Net metering shall be accomplished using a single meter capable of registering the flow of electricity in each direction. A customer's existing single-register meter that is capable of registering the flow of electricity in both directions satisfies this requirement. If the customer's existing electrical meter is not capable of measuring the flow of electricity in two directions, the customer generator shall be responsible for all expenses involved in purchasing and installing such a meter.
Last updated July 31, 2024 at 1:54 PM
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Rule 4901:1-21-14 | Customer billing and payments.
(A) This rule applies to competitive
retail electric service (CRES) bills that do not include any electric utility
charges. Requirements for consolidated billing appear in rule 4901:1-21-18 of
the Administrative Code. (B) A CRES provider may bill customers directly for competitive
retail electric services or arrange for the electric utility to bill customers
for such services according to a tariff approved by the
commission. (C) Residential and small commercial customer bills issued by or
for CRES providers shall be accurate and understandable, be rendered at monthly
intervals consistent with those of the customer's electric utility, and
contain sufficient information for customers to compute and compare the total
cost of competitive retail electric service(s). Such bills shall also
include: (1) The customer's
name, billing address, service address, electric utility account number, and,
if applicable, the CRES account number. (2) The dates of service
covered by the bill, an itemization of each type of competitive service covered
by the bill, any related billing components, the charge for each type of
service, and any other information the customer would need to recalculate the
bill for accuracy. (3) The applicable
billing determinants, including beginning meter reading(s), ending meter
reading(s), demand meter reading(s), multiplier(s), consumption(s), and
demands. (4) For customer
generators with net-metering contracts, a statement of the net-metered
generation. (5) The unit price per
kilowatt hour charged for competitive service, as calculated by dividing the
current-period competitive service charges by the current-period consumption,
or, if applicable, the flat-monthly rate. (6) An identification of
the provider of each service appearing on the bill. (7) A notice in boldface
type containing clear explanation for any change of providers, rates, terms, or
conditions of service, with such notice appearing on the first two consecutive
bills following the occurrence of any such changes, excluding the first billing
after the starting date of competitive retail electric service. (8) The amount billed for
the current period, any unpaid amounts due from previous periods, any payments
or credits applied to the customer's account during the current period,
any late payment charges or gross and net charges, if applicable, any
nonrecurring charges, and the total amount due and payable. (9) The due date for
payment to keep the account current. Such due date shall be no less
than: (a) Fourteen calendar days after the postmark date on the bill
for residential customers. For residential bills issued from outside the state
of Ohio, the due date shall not be less than twenty-one calendar days after the
postmark date. (b) Twenty-one calendar days after the postmark date on the bill
for nonresidential customers. (10) The current balance
of the account, if a residential customer is billed according to a budget
plan. (11) Options and
instructions on how customers may make their payments. (12) For each provider
whose charges appear on the bill, a listing of the provider's toll-free
telephone number and address for customer billing questions or
complaints. (13) The following
notice: "If your complaint is not resolved after
you have called (name of CRES provider), or for general utility information,
residential and business customers may contact the public utilities commission
of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to
five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired
customers may contact the PUCO via 7-1-1 (Ohio relay service). The Ohio consumers' counsel (OCC)
represents residential utility customers in matters before the PUCO. The OCC
can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m.
weekdays, or at http://www.pickocc.org." (14) The applicable
electric utility's twenty-four hour local or toll-free numbers for
reporting service emergencies. (15) An identification of
estimated bills or bills not based upon actual end-of-period meter readings for
the period. (16) An explanation of
any codes and abbreviations used. (D) If applicable, each CRES provider shall, upon request,
provide customers with the name and street address/location of the nearest
payment center and/or authorized payment agent. (E) If applicable, when a customer pays the bill at a payment
center or to an authorized payment agent, such payment shall be credited to the
customer's account as of the day it is received by such payment center or
agent. (F) Each CRES provider shall establish policies and procedures
for handling billing disputes and requests for payment
arrangements. (G) Each CRES provider shall credit any customer partial payments
in the following order: (1) Billed and past due CRES provider
charges. (2) Billed and due current CRES provider
charges. (3) Other past due and current
non-regulated charges. Budget billing payments and payments in full of
the undisputed amount related to a bona fide dispute do not constitute partial
payments. Payments made on accounts for which there is a bona fide dispute
shall be credited to the undisputed portion of the account. (H) Any CRES provider wishing to issue
billing statements online shall comply with the following
guidelines: (1) A customer shall not
be required to use online billing. (2) No enrollment or
usage fees shall be assessed to a customer who chooses to receive bills and/or
customer information online. (3) The online billing
statement shall include all requirements listed in paragraph (C) of this
rule. (4) The CRES provider
shall maintain a secure and encrypted site that is to be accessed only by the
customer of record after completing a secure registration process. (5) Any fees to accept
online payments shall be clearly disclosed in payment window(s). (6) Any payment made
online shall be treated as a payment made at the company's business office
and be posted to the account in accordance with paragraph (E) of this rule with
the time needed to post the payment to the account clearly stated. (7) If a customer chooses
to use online billing, the customer shall not be restricted to making payments
online in the future. All payment methods shall continue to be available to the
customer.
Last updated July 15, 2024 at 8:34 AM
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Rule 4901:1-21-15 | Noncompliance with rules or orders.
(A) Any competitive retail electric service (CRES) provider that fails to comply with Chapter 4928. of the Revised Code, any rule in this chapter, or any commission order adopted thereunder may, after opportunity for hearing, be subject to any and all of the following available under the law, including but not limited to: (1) Forfeiture to the state of not more than ten thousand dollars for each such failure. Each day's continuance of the violation is a separate offense. (2) Suspension, rescission, conditional rescission, or revocation of the CRES provider's certificate or denial of a request for renewal of a certificate. (3) Rescission of a customer contract. (4) Restitution or damages to the customer/consumer. (B) Enforcement of any rule in this chapter or any commission order adopted thereunder will be conducted in accordance with Chapter 4901:1-23 of the Administrative Code.
Last updated July 31, 2024 at 1:54 PM
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Rule 4901:1-21-16 | Formation and operation of an opt-out governmental aggregation.
(A) Prior to applying for certification
from the commission, a governmental aggregator seeking to form an opt-out
aggregation shall complete all of the requirements specified in divisions (A)
to (C) of section 4928.20 of the Revised Code, including adopting an ordinance
or resolution authorizing an opt-out aggregation, conducting a general or
special election in accordance with division (B) of section 4928.20 of the
Revised Code for authorization from electors to form the aggregation, and
approving a plan for operation and governance of the aggregation as specified
by division (C) of section 4928.20 of the Revised Code. (B) The operation and governance plan
adopted shall detail the services to be provided under the aggregation and
specify all customer rights and obligations under the aggregation. The plan
shall be sufficiently detailed to allow customers to readily understand the
services that the governmental aggregator is to provide and to compare those
services to similar services provided by competitive suppliers. The
governmental aggregator shall write the plan in clear and plain language so
that customers can easily understand it and, at a minimum, contain all of the
following: (1) A detailed
description of services that the governmental aggregator is to provide under
the aggregation, noting whether the service is to be provided directly by the
governmental aggregator or by a party contracted by the governmental
aggregator. (2) A description of the
processes that the governmental aggregator will use to determine the rates that
will be charged, including the applicable surcharge that may be charged to
customers pursuant to division (I) of section 4928.20 of the Revised
Code. (3) A description of the
process that the governmental aggregator will use to notify customers if the
governmental aggregator chooses to implement division (J) of section 4928.20 of
the Revised Code, including a description of the potential impact on the
customers in the aggregation program. (4) A detailed description of the
governmental aggregator's plan for providing the required opt-out
disclosure notices to customers. The plan shall describe the steps that the
governmental aggregator will take to ensure that all eligible customers
residing within the governmental aggregator's boundaries are notified. The
plan shall also identify the time frames associated with the opt-out disclosure
notice. (5) A detailed description of the
process for developing the pool of customer accounts that will be included in
the aggregation, including the steps that the governmental aggregator will take
to identify and exclude from the pool customers who have opted out of the
aggregation and customers that are otherwise ineligible. (6) A detailed description of the
governmental aggregator's opt-out process and opt-out methodologies. The
process shall include provisions for customers to opt out, including returning
a postcard or similar notice to the governmental aggregator. The process may
include, in addition, other opt-out methods, such as telephonic or internet
notice, provided that these alternative methods allow for verification of a
customer's election to opt out of the aggregation. (7) A detailed description of the
customer classes that the governmental aggregator intends to include in its
aggregation pool. (8) The governmental aggregator's
plan for billing customers, including an identification of billing intervals
and the identity of the entity that will transmit the bill to the
customer. (9) A listing of any credit or deposit
procedures and policies that the governmental aggregator will employ in the
event the customer fails to pay its bill(s). (10) A detailed description of the
governmental aggregator's customer service procedures and dispute
resolution processes, including notice of the customer's right to contact
the commission and the commission's toll-free number and telephone number
through which hearing and speech impaired customers may contact the commission.
These procedures and processes shall comply with the requirements specified in
rule 4901:1-21-08 of the Administrative Code. (11) A detailed description of the
policies associated with a customer moving into the aggregation or within the
aggregation where the electric utility considers the customer that is moving to
be a new customer. If the policies provide that these customers will be
automatically included in the aggregation, the governmental aggregator shall
provide the customer an opportunity to opt out of the aggregation in accordance
with the procedures set forth in rule 4901:1-21-17 of the Administrative
Code. (12) A detailed description of the
policies associated with a customer moving within the aggregation where the
customer is not assigned a new account number by the electric utility. A
customer in these circumstances shall maintain the rate that the customer was
charged at its previous location or, if the rate at the new location is higher
than at the customer's previous location, the customer shall have the
opportunity to opt out of the aggregation without penalty, pursuant to the
procedures set forth in rule 4901:1-21-17 of the Administrative
Code. (13) A description of the governmental
aggregator's policies regarding the ability of a customer who has
previously opted out of the aggregation to join the aggregation, including
identification of any associated conditions. (C) A governmental aggregator shall keep
its operation and governance plan available for public inspection and shall,
upon request, provide a copy of the plan to any existing or potential customer
of the aggregation. (D) A governmental aggregator shall not
alter its operation and governance plan in any way that materially affects the
customers of the aggregation without first providing notice to all affected
customers and providing these customers the opportunity to opt out of the
aggregation according to the procedures established for the initial opt-out
disclosure notice set forth in rule 4901:1-21-17 of the Administrative Code.
The notice shall set forth the changes to the plan, inform the customer of its
right to opt out of the aggregation without penalty, and identify the method
and time frame for the customer to opt out. (E) Notwithstanding paragraph (D) of this
rule, if a governmental aggregator elects not to receive standby service from
the electric utility under an approved electric security plan during the term
of the governmental aggregation program pursuant to division (J) of section
4928.20 of the Revised Code, the governmental aggregation shall not alter its
governmental aggregation program in a manner that would require conducting an
additional opt-out for the duration of its governmental aggregation
program. (F) No governmental aggregator shall send an opt-out disclosure
notice to potential customers of an aggregation prior to the governmental
aggregator being certified by the commission as a competitive retail electric
service provider. (G) A governmental aggregator may choose
to have the CRES provider 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.
Last updated July 15, 2024 at 8:34 AM
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Rule 4901:1-21-17 | Opt-out disclosure requirements.
(A) Prior to including a customer's
electric account or accounts in an aggregation, a governmental aggregator shall
provide each customer written notice that the customer's account(s) will
be automatically included in the aggregation unless the customer affirmatively
opts out of the aggregation. The notice, clearly marked from the outside
"important notice regarding your electric service" written in plain
language, shall, at a minimum, include: (1) A summary of the
actions that the governmental entity took to authorize the
aggregation. (2) A description of the
services that the governmental aggregator will provide under the
aggregation. (3) Disclosure of the
price that the governmental aggregator will charge customers for electric
generation service. For fixed-rate contracts, the governmental aggregator shall
provide the price per kilowatt hour, and if applicable, for generation and
transmission service. If the governmental aggregator offers a variable rate,
the governmental aggregator shall provide an understandable description of the
factors that will cause the price to vary (including any associated indices)
and disclose how frequently the rate will change. If the governmental
aggregator charges different rates to different rate classes within the
aggregation, the governmental aggregator shall disclose the applicable rate(s)
to customers within each rate class. (4) An itemized list and
explanation of all fees and charges that are not incorporated into the rates
charged for electricity generation that the governmental aggregator will charge
to the customer for participating in the aggregation, including any early
termination penalties and any surcharges, or portions thereof, that may be
assessed pursuant to division (I) of section 4928.20 of the Revised Code. The
early termination penalties shall not apply to a customer that moves out of the
governmental aggregator's territory. (5) Disclosure of the
dates covered by the governmental aggregation program, including an estimated
service commencement date, and notice that the customer may opt out of the
aggregation at least every three years without penalty. (6) A statement informing
customers that choose to opt out of the governmental aggregation program prior
to the commencement of the governmental aggregation program that they will be
served by the standard service offer established pursuant to section 4928.14 of
the Revised Code or until the customer chooses an alternative supplier of
electric service. (7) A statement informing customers
that, if they switch back to (name of electric utility), they may not be served
under the same rates, terms, and conditions that apply to other customers
served by the electric utility. (8) If the governmental
aggregator elects not to receive standby service from the electric utility
under an approved electric security plan during the term of the governmental
aggregation program pursuant to division (J) of section 4928.20 of the Revised
Code, a statement informing customers that any customer returning to the
electric utility after the commencement of the governmental aggregation program
will pay the market price of power incurred by the electric utility to serve
that consumer plus the amount attributable to the electric utility's
compliance with the alternative energy resource provisions of section 4928.64
of the Revised Code, unless such customer becomes ineligible pursuant to
paragraph (E)(1)(a) or (E)(1)(g) of this rule, or any customer who moves within
the aggregation boundaries where the electric utility considers the customer
that is moving to be a new customer. (9) Disclosure of any credit and/or
deposit policies and requirements. (10) Disclosure of any limitations or
conditions on customer acceptance into the aggregation. (11) A description of the process and
associated time period for customers to opt out of the aggregation. The process
shall include provisions for customers to return a postcard or similar notice
to the governmental aggregator or its agent. The process may include, in
addition, other opt-out methods, such as telephonic or internet notice,
provided that these alternative methods allow for verification of a
customer's election to opt out of the aggregation. The time period for a
customer to choose to opt out of the aggregation shall extend at least
twenty-one days from the date of the postmark on the written notice. If a
customer's return postcard or notice is postmarked before the opt-out
deadline has elapsed, the customer shall be deemed to have opted out of the
aggregation. (12) A local or toll-free telephone
number, with the available calling hours, that customers may call with
questions regarding the formation or operation of the aggregation. (B) At least every three years from the
establishment of its governmental aggregation program, a governmental
aggregator shall provide notice to all customers served by the governmental
aggregation of their right to opt out of the aggregation and take service
pursuant to the electric utility's standard service offer without penalty.
This notice shall follow the procedures established for the initial opt-out
notice set forth in this rule and prominently disclose to customers all changes
to the terms and conditions associated with the aggregation. The governmental
aggregator shall not send an opt-out notice to the same customer account during
the period covered by the aggregation where such customer account has
previously opted out. (C) No governmental aggregator or
electric services company serving a governmental aggregation may impose any
terms, conditions, fees, or charges on any customer served by a governmental
aggregation unless the particular term, condition, fee, or charge was clearly
disclosed to customers at the time the customer chose not to opt out of the
aggregation. (D) List of eligible governmental
aggregation customers. (1) To assist in the preparation and
dissemination of required opt-out notices, a governmental aggregator that is
certified by the commission shall request that an electric utility provide, for
all customers residing within the governmental aggregator's boundaries,
including those customers who have opted off the pre-enrollment list, the
following information: (a) An updated list of names, addresses, account numbers, rate
codes, percentage of income payment plan codes, load data, and other related
customer information, consistent with the information that is provided to other
CRES providers. (b) An identification of customers who are currently in contract
with an electric services company or in a special arrangement with the electric
utility. (c) On a best efforts basis, an identification of mercantile
customers. (2) The governmental
aggregator shall use the list of eligible aggregation customers to distribute
its opt-out notices within thirty calendar days of the date the list is
received from the electric utility. (3) The governmental
aggregator shall remove from its list of eligible aggregation customers the
accounts of customers who appear on the commission's "do not
aggregate" list sixty calendar days prior to the distribution of its
opt-out notice. (4) The governmental
aggregator shall not, without the customer's consent or an appropriate
order, disclose or use for any purpose, other than formation and operation of
its aggregation, a customer's account number, social security number, or
any information regarding customers who opted off of an electric utility's
pre-enrollment list. Before a governmental aggregator releases any customer
account number, service delivery identification number, or any information
related to a customer who has opted off of an electric utility's
pre-enrollment list for any purpose other than those specified in this rule,
unless the release is pursuant to a court or commission order, the governmental
aggregator shall obtain the customer's written consent or electronic
authorization. Before a governmental aggregator releases a customer's
social security number for any purpose other than those specified in this rule,
unless the release is pursuant to a court order, the governmental aggregator
shall obtain the signature of the customer on a written release. The release
shall be on a separate form and be clearly identified on its face as a release
of personal information, with all text appearing on the release being in at
least sixteen-point type. The following statement shall appear prominently on
the release, 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 aggregator) to release the information set forth above. By my
signature, I freely give (name of aggregator) permission to release the
information designated above." The information that the governmental
aggregator seeks to release shall be specified on the form. Forms requiring a
customer to circle or to check off preprinted types of information to be
released may not be used. (E) Notice of governmental aggregation
and opt-out notice. (1) Each governmental aggregator shall
ensure that only eligible customers are included in its aggregation. For
purposes of this rule, the following customers are not eligible and shall not
be included in an aggregation: (a) A customer that is not located within the governmental
aggregator's boundaries. (b) A customer who appears on the commission's "do not
aggregate" list. (c) A customer that has opted out of the
aggregation. (d) A customer in contract with a certified electric services
company other than the current supplier of the governmental
aggregation. (e) A customer that has a special arrangement with the electric
utility. (f) A mercantile customer that has not provided affirmative
consent to join the aggregation. (g) A customer who enrolls in the percentage of income payment
plan pursuant to section 4928.52 of the Revised Code. (2) If accounts of customers who appear
on the commission's "do not aggregate" list, accounts from
outside the governmental aggregator's governmental boundaries, accounts of
customers who have opted out of the aggregation, accounts of customers in
contract with an electric services company, accounts of customers with a
special arrangement under Chapter 4901:1-38 of the Administrative Code, or
accounts of mercantile customers who did not opt into the governmental
aggregation are switched to the governmental aggregation, the governmental
aggregator shall promptly inform the customer and take all necessary actions to
have the customer switched back to the customer's former service provider.
In addition, if the customer's former rate was less than the rate charged
by the governmental aggregator, then the governmental aggregator shall
reimburse the customer the difference between the customer's former rate
and the governmental aggregator's rate multiplied by the customer's
usage during the time that the customer was served by the governmental
aggregator. (3) If a customer is
enrolled in a governmental aggregation program at the time the customer first
appears on the "do not aggregate" list, the governmental aggregator
shall remove the customer from the governmental aggregation program at the next
opt-out opportunity that is available to the customer under section 4928.20 of
the Revised Code. (4) If a mercantile
customer was enrolled in an opt-out governmental aggregation program that the
mercantile customer subsequently became ineligible for, the governmental
aggregator shall remove the mercantile customer from the governmental
aggregation program at the next opt-out opportunity that is available to the
customer under section 4928.20 of the Revised Code unless that mercantile
customer affirmatively consents to remain in the governmental aggregation
program. (F) The governmental aggregator shall
docket with the commission's docketing division the final opt-out and any
supplemental opt-outs no more than thirty days but no less than ten days prior
to sending the opt-outs to customers. The notice to the commission shall
include the beginning and ending dates of the twenty-one day opt-out period and
the identification of the selected CRES provider. (G) Upon its election for its customers
to not receive standby service from the electric utility pursuant to the
electric utility's approved electric security plan for those customers who
return to the electric utility during the governmental aggregation program, a
governmental aggregator shall file written notice with the commission and the
electric utility. Such notice shall explain the process that the governmental
aggregator will use to notify customers, including a description of the
potential impact on customers in the aggregation program.
Last updated July 15, 2024 at 8:35 AM
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Rule 4901:1-21-18 | Consolidated billing requirements.
(A) This rule applies to a competitive
retail electric service (CRES) provider that issues customers a consolidated
electric bill that includes both electric utility and CRES provider charges for
electric services. Nothing in this rule affects the obligations of the electric
utility to provide disconnection notices. (B) A supplier agreement between an
electric utility and a CRES provider must provide that if the CRES provider
collects customer payments on behalf of the electric utility, the
customer's liability to the electric utility ceases to the extent of the
payment made and applicable to the customer's account. (C) Consolidated bills shall be accurate,
rendered at monthly intervals, and contain clear and understandable form and
language. All consolidated customer bills issued by or on behalf of an electric
utility and a CRES provider must include at least the following
information: (1) The customer's
name, billing address, and service address. (2) The electric
utility's twenty-four hour, local or toll-free number for reporting
service emergencies. (3) The dates of the
service period covered by the bill. (4) Current electric
charges, separated from gas charges, if these charges appear on the same bill,
but only to the extent that the biller provides both electric and gas
services. (5) Applicable billing
determinants: beginning meter read, ending meter read, demand meter read,
multipliers, consumption, and demand. (6) Identification of
estimated bills. (7) Any nonrecurring
charge(s). (8) Net-metered usage for
customer generators, if applicable. (9) Each charge for
nontariffed and/or nonregulated service or product, if applicable, and the name
and toll-free number of each provider of such service(s). (10) Amount due for
previous billing period. (11) Total payments, late
payment charges or gross/net charges, and total credits applied during the
billing period. (12) Total consolidated
amount due and payable, or, if applicable, the total consolidated budget bill
amount. (13) Due date for payment
to keep the account current. The due date for residential bills shall not be
less than fourteen calendar days from the date of postmark. For residential
bills being issued from outside the state of Ohio the due date shall not be
less than twenty-one calendar days. (14) Name and address of
company to whom payments should be made. (15) The following
notice: "If your complaint is not resolved after
you have called your electric supplier and/or your electric utility, or for
general utility information, residential and business customers may contact the
public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826
(toll-free) from eight a.m. to five p.m. weekdays, or at
http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the
PUCO via 7-1-1 (Ohio relay service). The Ohio consumers' counsel (OCC)
represents residential utility customers in matters before the PUCO. The OCC
can be contacted at 1-877-742-5622 (toll-free) from eight a.m. to five p.m.
weekdays, or at http://www.pickocc.org." (16) An explanation of
codes and abbreviations used. (17) At a minimum,
definitions for the following terms, or like terms used by the company, if
applicable: customer charge, delivery charge, estimated reading, generation
charge, kilowatt hour (kWh), shopping incentive or shopping credit, late
payment charge, and transition charge. (18) The price-to-compare for residential
bills and a notice that such customers can obtain a written explanation of the
price-to-compare from their electric utility. (D) In addition to the information
required pursuant to paragraph (C) of this rule, each consolidated bill issued
must include, in that portion of the bill which details the charges from the
electric utility, at least the following information: (1) Electric utility
account number. (2) Applicable rate
schedule. (3) A numerical statement
of the customer's historical consumption for each of the preceding twelve
months, and both the total and average consumption for such twelve-month
period. (4) Specific tariffed
charges to the extent applicable: customer charge, delivery charge, transition
charge, shopping incentive or shopping credit, and other conceptually similar
tariffed charges. (5) If the customer is on
a budget plan with the electric utility only, the monthly budget amount and
current balance of electric utility account. (6) Current
charges. (7) The electric
utility's local or toll-free number and address for questions and
complaints. (E) In addition to the information
required pursuant to paragraph (C) of this rule, each consolidated bill issued
must include, in that portion of the bill which details the charges from the
CRES provider, at least the following information: (1) Customer's CRES
account number, if different from the electric utility account
number. (2) To the extent
applicable, itemization for each charge including: for fixed-price offers, the
unit price per kWh for competitive service; for all other offers for electric
generation service, an explanation of how the rate is derived; and any other
information the customer would need to recalculate the bill for
accuracy. (3) If the customer is on
a budget plan with the CRES provider only, the monthly budget amount and the
current balance of the CRES account. (4) Current
charges. (5) A highlighted notice
of any change in rates, terms, or conditions appearing on the first two
consecutive bills following the occurrence of any such changes and a clear
explanation of each change. (6) For flat-monthly rate
offers, a specific listing of the rate to be charged per month for the duration
of the contract. (F) Consolidated bill format. Any new
consolidated bill format proposed by a CRES provider shall be filed with the
commission for approval. If an application for a consolidated bill format is
not acted upon by the commission within forty-five days after it is filed, the
consolidated bill format shall be deemed approved on the forty-sixth day after
filing. (G) Transfer of customer billing
information. (1) The non-billing
electric utility shall furnish the applicable required bill content information
to the billing party in a timely manner and in a mutually agreed upon
electronic format for inclusion in the consolidated customer bill. (2) The billing CRES
provider shall include in the consolidated bill all required bill content
information furnished by the nonbilling electric utility. (3) An entity ordered by
the commission to provide any bill content, message, insert, or notice remains
responsible to provide such information to its customers, although the
information may be provided through the consolidated bill. (H) Partial payment
priority. (1) A customer's
partial payment shall be credited in the following order: (a) Billed and past due CRES provider charges or, if applicable,
CRES provider payment arrangement or past due CRES provider budget
billing. (b) Billed and past due electric utility distribution, standard
offer generation, and transmission charges or, if applicable, electric utility
payment arrangement or past due electric utility budget billing. (c) Billed and due current electric utility distribution and
transmission charges or current electric utility budget billing. (d) Billed and due current CRES provider charges or current CRES
provider budget billing. (e) Other past due and current nonregulated charges, excluding
CRES charges. (2) Exceptions to the
partial payment priority. (a) Payments in full of the undisputed amount related to a bona
fide dispute do not constitute partial payments. Payments made on accounts for
which there is a bona fide dispute shall be credited to the undisputed portion
of the account. (b) If a customer pays an agreed-upon electric utility and/or
CRES budget payment amount, then that payment shall be considered payment in
full for the current bill. (I) Upon the customer's switch from
a CRES provider, the billing party shall identify for the customer and state on
the bill as of what date the billing party will no longer remit payments to the
previous CRES provider and any outstanding balance due to the previous CRES
provider. (J) Any CRES provider wishing to issue
consolidated billing statements online shall comply with the following
guidelines: (1) A customer shall not
be required to use online billing. (2) No enrollment or
usage fees shall be assessed to a customer who chooses to receive bills and/or
customer information online. (3) The online billing
statement shall include all requirements listed in paragraphs (C), (D), and (E)
of this rule. (4) The CRES provider
shall maintain a secure and encrypted site that is to be accessed only by the
customer of record after completing a secure registration process. (5) Any fees to accept
online payments shall be clearly disclosed in payment window(s). (6) Any payment made
online shall be treated as a payment made at the company's business office
and be posted to the account in accordance with paragraph (E) of rule
4901:1-21-14 of the Administrative Code. The time needed to post the payment
shall be clearly stated. (7) If a customer chooses
to use online billing, the customer shall not be restricted to making payments
online in the future. All payment methods shall continue to be available to the
customer.
Last updated July 15, 2024 at 8:35 AM
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Rule 4901:1-21-19 | Disclosures of renewable energy resource compliance costs.
(A) As used in this rule, "renewable
energy resource" has the meaning set forth in division (A)(37) of section
4928.01 of the Revised Code. (B) Each competitive retail electric
service (CRES) provider shall list on all customer bills sent by the CRES
provider that do not include electric distribution utility (EDU) charges the
individual customer cost of compliance with the renewable energy resource
requirements for the applicable billing period The cost of compliance with the renewable energy
resource requirements shall be calculated as the customer's usage in
megawatt-hours for the applicable billing period, multiplied by the statutory
percentage requirement pursuant to division (B)(2) of section 4928.64 of the
Revised Code for the year in which the bill is issued, multiplied by the
average of the Ohio renewable energy credit (REC) costs for CRES providers as
reported in the commission's most recent compliance report provided to the
general assembly. (C) Each CRES provider shall list on all
customer bills sent by the CRES provider that include both EDU and CRES
provider charges (consolidated bills) the cost of compliance with the renewable
energy resource requirements, calculated as set forth in paragraph (B) of this
rule, for the applicable billing period. (D) Each of these costs shall be listed
on each customer's monthly bill as a distinct line item.
Last updated July 15, 2024 at 8:35 AM
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