(A) Definitions. For purposes of this
rule, and this rule only, the following applies:
(1) "A utility"
is:
(a) An electric light company as defined by division (C) of
section 4905.03 of the Revised Code;
(b) A gas company or a natural gas company, as defined by
divisions (D) and (E) of section 4905.03 of the Revised Code, having more than
five thousand customers; or
(c) A water-works company or sewage disposal system, as defined
by divisions (G) and (M) of section 4905.03 of the Revised Code, having more
than five thousand customers.
(2) "An
applicant" is a person, partnership, corporation, association, or
organization that makes an application or requests electric, gas, water, or
sewage service from a utility. An applicant includes those persons or entities
who are currently a customer and are seeking to receive service at another or a
new location and those persons or entities who already receive one type of
utility service (e.g., electric or water) and want to receive another type of
utility service (e.g., gas or sewer) at the same or a different
location.
(3) "An eligible
customer" is a customer who, based on the information available to the
utility, may meet or may become able to meet the criteria or terms and
conditions of service of a particular tariff offering or rate schedule. For
example, if an electrical residential load management schedule were open to
electric residential customers with a monthly minimum demand of four kilowatt
hours, an eligible customer would be any residential customer regardless of his
or her historical monthly level of demand. Likewise, if a rate schedule were
available to any residential electric customer with an electric water heater,
all residential customers would be eligible customers. In these two examples,
all residential customers are eligible customers (although many of these
eligible customers may not actually qualify to receive service under these
tariffs) because they may meet or may become able to meet the criteria or terms
and conditions of service. However, if an industrial or commercial rate
schedule were changed or modified, residential customers would not be
considered as eligible customers.
(4) "Disclose"
means to inform by use of a brief, one-to-four-sentence (more if necessary)
message contained on a bill, on a bill insert, or in a special mailing. A
utility may supplement the disclosure by a notice published in a newspaper or
newspapers of general circulation in the service territory of the utility. The
disclosure must state:
(a) That a new rate is available or that the criteria or terms
and conditions of an existing rate schedule have been modified;
(b) The nature of the new rate schedule or the modification of
the existing rate schedule;
(c) That further information can be obtained by calling or
writing a specific telephone number or address.
(5) "Changes in the
criteria or terms and conditions of service" includes all authorized
modifications in a particular tariff schedule or offering except for increases
and decreases in the base rate, emergency or excise tax surcharge, or the gas
cost recovery rate.
(6) "Explanation of
the rates, charges, and provisions applicable to the service furnished or
available" means a brief summary of the effective rates and the
distinctive character of service which distinguish this rate schedule from an
alternative one. The explanation may:
(a) Include a typical bill summary and a brief listing of the
characteristics of the service or criteria which must be met in order to
qualify to receive service under this schedule;
(b) Be oral or written; however, if the customer or applicant
specifically requests a written explanation, the utility must provide a written
explanation.
(B) Duty to disclose.
(1) Within ninety days
after a new rate schedule becomes effective, or within ninety days after
modifications or changes in the criteria or terms and conditions of service of
an existing tariff schedule or offering become effective, the utility shall
disclose to the eligible customers the availability of the new tariff schedule
or the fact that the criteria or terms and conditions of service of such an
existing tariff have changed. A copy of such notice shall be filed with the
public utilities commission prior to its distribution to
customers.
(2) Upon the request of
any customer or applicant, the utility shall provide an explanation of the
rates, charges, and provisions applicable to the service furnished or available
to such customers or applicant, and shall provide any information and
assistance, such as the availability of alternative tariff schedules, necessary
to enable the customer to obtain the most economical utility service conforming
to his or her stated needs. Nothing in this rule may be construed so as to
delay the prompt initiation of service if requested by an
applicant.
