4901:1-24-11 Material changes to business operations.

(A) Competitive retail electric service (CRES) providers shall inform the commission of any material change to the information supplied in a certification or certification renewal application within thirty calendar days of such material change.

(1) A CRES provider shall file such notice under the docket number assigned to the CRES provider's initial certification or most recent certification renewal application, whichever is the most recent.

(2) After notice and an opportunity for a hearing, the commission may suspend, rescind, or conditionally rescind a CRES provider's certificate if it determines that the material change will adversely affect the CRES provider's fitness or ability to provide the services it is certified to provide.

(B) Material changes to the information contained in or supplied with a certification or certification renewal application include, but are not limited to, the following:

(1) Any significant change in ownership (being an ownership interest of five per cent or more) of the applicant or CRES provider.

(2) An affiliation or change in affiliation with an electric utility in this state.

(3) Retirement or other long-term changes to the operational status of generation resources relied upon by the provider to provide retail electric generation service.

(4) Revocation, restriction, or termination of any interconnection or service agreement with a transmission entity or electric utility relied upon by a CRES provider to provide retail electric generation service.

(5) The applicant or CRES provider's bond rating falls below BBB as reported by Standard & Poor's, or below Baa3 as reported by Moody's investors service.

(6) The applicant or CRES provider has or intends to file for reorganization, protection from creditors, or any other form of bankruptcy with any court.

(7) Any judgment, finding, or ruling by a court or regulatory agency that could affect a CRES provider's fitness or ability to provide service in this state.

(8) Any change in the contact person, business address, or telephone/fax number for staff use in investigating complaints.

(9) Any change in the contact person, business address, or telephone/fax number for staff use in investigating regulatory or emergency matters.

(10) Any change in the business address, or toll-free telephone/fax number for customer service and complaints.

(11) Any change in the applicant's name or any use of a fictitious name.

Replaces: 4901:1-24-10

Effective: 12/01/2014
Five Year Review (FYR) Dates: 07/25/2019
Promulgated Under: 111.15
Statutory Authority: 4928.06 , 4928.08
Rule Amplifies: 4928.08 , 4928.16
Prior Effective Dates: 9/18/00, 3/1/03, 6/29/09