4901:1-27-10 Material changes in business.

(A) Retail natural gas suppliers and governmental aggregators shall file with the commission a notification of any material change to the information supplied in a certification or most recent certification renewal application within thirty days of such material change.

(1) A retail natural gas supplier or governmental aggregator shall file such notice under the docket number assigned to the retail natural gas supplier's or governmental aggregator's initial certification or most recent certification renewal application, whichever is the most recent. The supplier or aggregator shall also serve such notice upon all natural gas companies serving customers in the areas covered by certification of the retail natural gas supplier or governmental aggregator.

(2) After notice and an opportunity for a hearing, the commission may suspend, rescind, or conditionally rescind a retail natural gas supplier's or governmental aggregator's certificate if it determines that the material change will adversely affect the retail natural gas supplier's or governmental aggregator's fitness or ability to provide the services for which it is certified; or to provide reasonable financial assurances sufficient to protect natural gas companies and the regulated sales service customers from default.

(B) Material changes to the information contained in or supplied with a certification or most recent 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 retail natural gas supplier.

(2) An affiliation with any public utility or change of an affiliation with a public utility in this state.

(3) Retirement or other long-term changes to the operational status of supply resources relied upon by the retail natural gas supplier or the retail natural gas supplier of a governmental aggregator to provide competitive retail natural gas service.

(4) Revocation, restriction, or termination of any interconnection or service agreement with a pipeline company or natural gas company relied upon by a retail natural gas supplier or the retail natural gas supplier of a governmental aggregator to provide competitive retail natural gas service.

(5) The applicant or retail natural gas supplier's bond rating falls below BBB- as reported by Standard & Poors, Duff & Phelps, or Fitch IBCA or below Baa3 as reported by Moody's investor service.

(6) The applicant or retail natural gas supplier 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 retail natural gas supplier's or governmental aggregator's fitness or ability to provide service in this state.

(8) Any change in the applicant's regulatory contact.

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

Effective: 04/13/2007
R.C. 119.032 review dates: 01/24/2007 and 11/30/2011
Promulgated Under: 111.15
Statutory Authority: 4929.20
Rule Amplifies: 4929.20
Prior Effective Dates: 7/4/02