Chapter 4901:1-13 | Gas Companies

Rule 4901:1-13-01 | Definitions.

• Effective: September 18, 2023
• Promulgated Under: 111.15

As used in this chapter:

(A) "Bona fide dispute" means a reasonable dispute registered with the commission's call center or a formal complaint filed with the commission's docketing division.

(B) "Business day" means, for purposes of initiation or installation of service, a day when a gas or natural gas company performs regularly scheduled installation and, for all other purposes, a day when the provider observes regularly scheduled customer service office hours.

(C) "Commission" means the public utilities commission of Ohio.

(D) "Company" means a gas or natural gas company as defined in section 4905.03 of the Revised Code.

(E) "Consumer" means any person who receives service from a gas or natural gas company.

(F) "Competitive retail natural gas service" or "CRNGS" has the meaning set forth in section 4929.01 of the Revised Code.

(G) "Customer" means any person who has an agreement, by contract and/or tariff, with a gas or natural gas company to receive service or any person who requests or makes application for service from a gas or natural gas company.

(H) "Customer premises" means the residence(s), building(s), or office(s) of a customer.

(I) "Fraudulent practice" means an intentional misrepresentation or concealment of a material fact that the gas or natural gas company relies on to its detriment. Fraudulent practice does not include tampering or unauthorized reconnection of gas service.

(J) "Gas company" means a company that meets the definition of a gas company set forth in section 4905.03 of the Revised Code and that also meets the definition of a public utility under section 4905.02 of the Revised Code.

(K) "Governmental aggregator" has the meaning set forth in section 4929.01 of the Revised Code.

(L) "Manometer" means an instrument for measuring the pressure of gas or natural gas.

(M) "Natural gas company" means a company that meets the definition of a natural gas company set forth in section 4905.03 of the Revised Code and that also meets the definition of a public utility under section 4905.02 of the Revised Code.

(N) "Nonresidential gas service" means a gas or natural gas service provided to any location where the use is primarily of a business, professional, institutional, or occupational nature.

(O) "Person" includes an individual, corporation, company, co-partnership, association, or joint venture.

(P) "Postmark" means a mark, including a date, stamped or imprinted on a piece of mail which serves to record the date of its mailing. For electronic mail, postmark means the date the electronic mail was transmitted.

(Q) "Pounds per square inch gauge" refers to a measurement when testing gas pressure.

(R) "Residential gas service" means a gas or natural gas service provided to any location where the use is primarily of a domestic nature.

(S) "Retail natural gas supplier" has the meaning set forth in section 4929.01 of the Revised Code.

(T) "Slamming" means the transfer of or requesting the transfer of a customer's competitive natural gas service to another provider without obtaining the customer's consent.

(U) "Small commercial customer" means a commercial customer which is not a mercantile customer under division (L) of section 4929.01 of the Revised Code.

(V) "Small gas company" means a gas company serving seventy-five thousand or fewer customers.

(W) "Small natural gas company" means a natural gas company serving seventy-five thousand or fewer customers.

(X) "Tampering" means to interfere with, damage, or bypass a utility meter, gas line, or gas facilities with the intent to impede the correct registration of a meter or the proper functions of a gas line or gas facilities so far as to reduce the amount of utility service that is registered on or reported by the meter. Tampering includes the unauthorized reconnection of a utility meter, gas line, or gas facility that has been disconnected by the utility.

Last updated September 19, 2023 at 1:39 PM

Supplemental Information

Authorized By: 4905.04, 4905.06, 4905.22, 4905.28
Amplifies: 4905.04, 4905.06, 4905.22, 4905.28
Five Year Review Date: 7/26/2026

Rule 4901:1-13-02 | Purpose and scope.

• Effective: September 18, 2023
• Promulgated Under: 111.15

(A) The rules in this chapter:

(1) Apply to investor-owned gas or natural gas companies, as defined in this chapter.

(2) Are intended to promote reliable service to consumers and the public, and to provide minimum standards for uniform and reasonable practices.

(3) Unless otherwise specified, apply to both residential and nonresidential gas or natural gas service.

(B) The commission may, in addition to the rules in this chapter, order gas or natural gas companies to furnish other or additional service, equipment, and facilities upon any of the following:

(1) The resolution of a commission-ordered investigation.

(2) Formal or informal commission resolution of a complaint.

(3) The application of any gas or natural gas company.

(C) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

(D) Except as set forth in this rule, the rules of this chapter supersede any inconsistent provisions, terms, and conditions of the gas or natural gas company's tariffs. A gas or natural gas company may adopt or maintain tariffs providing superior standards of service, reliability, or greater protection for customers or consumers. Further, a gas or natural gas company may adopt or maintain tariff provisions which involve other areas not addressed by the rules of this chapter.

(E) When a gas or natural gas company in a complaint proceeding under section 4905.26 of the Revised Code demonstrates compliance with the relevant service or performance standard of this chapter, a rebuttable presumption is created that the gas or natural gas company is providing adequate service regarding that standard. Such presumption applies solely to the specific standard addressed by the commission for the time period at issue in the complaint proceeding. No such presumption is created merely by compliance with any reporting requirement of this chapter. In addition, to the extent the service and performance standards in this chapter are based on system-wide data, no such rebuttable presumption is applicable to complaints regarding the adequacy of service provided either to individual customers or consumers or to any segment of the system of a gas or natural gas company.

(F) Each citation contained with this chapter that is made to a section of the United States code or a regulation in the code of federal regulations is intended, and serves, to incorporate by reference the particular version of the cited matter that was effective at the time of the effective date of this rule.

(G) No tariff of a gas or natural gas company shall incorporate exculpatory clauses that purport to limit or eliminate liability on the part of the gas or natural gas company as a result of its own negligence when providing a regulated service. .

Last updated September 19, 2023 at 1:39 PM

Supplemental Information

Authorized By: 4905.04, 4905.06, 4905.22, 4905.28
Amplifies: 4905.04, 4905.06, 4905.22, 4905.28
Five Year Review Date: 7/26/2026
Prior Effective Dates: 1/6/2011

Rule 4901:1-13-03 | Retention of records and access to records and business activities.

• Effective: September 18, 2023
• Promulgated Under: 111.15

(A) The regulations governing the retention and preservation of gas or natural gas company records are set forth in the appendix to rule 4901:1-9-06 of the Administrative Code.

(B) Unless otherwise specified in this chapter, each gas or natural gas company shall maintain records for three years that are sufficient to demonstrate compliance with the rules of this chapter.

(C) Access to records and business activities includes such records and activities as would allow the commission staff to effectively monitor Ohio-specific customer calls made to the gas or natural gas company. Access includes the ability of commission staff to adequately monitor gas or natural gas company customer call center interactions with Ohio customers either at a location in Ohio or in a manner agreed to by the commission staff. Gas and natural gas companies, other than small gas and small natural gas companies, shall provide access to monitor customer/consumer calls without the customer service representative's knowledge of the monitoring.

(D) Each gas or natural gas company (for records retention related to competitive retail natural gas services) 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.

Last updated September 19, 2023 at 1:40 PM

Supplemental Information

Authorized By: 4905.04, 4905.06, 4905.22, 4905.28
Amplifies: 4905.04, 4905.06, 4905.22, 4905.28
Five Year Review Date: 7/26/2026
Prior Effective Dates: 12/7/2006

Rule 4901:1-13-04 | Metering.

• Effective: September 18, 2023
• Promulgated Under: 111.15

(A) Service provided by a gas or natural gas company shall be metered, except where it is impractical to meter the gas usage, such as in street lighting and temporary or special installations. The usage in such exceptions may be calculated or billed in accordance with an approved tariff on file with the commission.

(B) A customer's usage shall be metered by commercially acceptable measuring devices.

(C) Gas or natural gas company authorized agents shall have the right of access to metering equipment.

(D) Meter test at customer's request.

(1) Upon request by a customer, the company shall test its meter to verify its compliance with section 4933.09 of the Revised Code, within thirty business days after the date of the request.

(2) The customer or the customer's representative has the right to be present when the meter test is performed at the customer's request. .

(3) A written explanation of the test results shall be provided to the customer within ten business days of the completed test.

(4) Each company shall notify the customer of applicable tariff charges prior to the test. .

(5) If the accuracy of the meter is found to be outside the tolerances specified in section 4933.09 of the Revised Code, the gas or natural gas company shall do all of the following:

(a) Not charge a fee or recover any testing expenses from the customer.

(b) Provide a properly functioning meter without charge to the customer.

(c) Within thirty days, pay or credit, at the customer's discretion, any overpayment to the customer, in accordance with one of the following billing adjustments:

(i) When the company or customer has reasonably established the approximate period of meter inaccuracy, the overcharge shall be computed on the basis of a customer's metered usage prior and/or subsequent to such period consistent with the rates in effect during that period.

(ii) When the company and customer cannot reasonably establish the approximate period of meter inaccuracy, the overcharge period shall be determined to be the most recent twelve months, or the period since the date of the most recent meter test performed, whichever is less. The rates applicable shall be those in effect during the period of inaccuracy in order to determine the appropriate credit or refund.

Paragraph (D)(5) of this ruledoes not apply in the event there has been either tampering with or unauthorized reconnection of the meter, metering equipment, or other property of the gas or natural gas company during the involved period of time, where such activity causes meter or metering inaccuracies or no measurement of service.

(E) Each gas or natural gas company shall identify each customer meter that it owns, operates, or maintains, by serial or assigned meter numbers and/or letters, placed in a conspicuous position on the meter.

(F) In accordance with the records retention schedules set forth in the appendix to rule 4901:1-9-06 of the Administrative Code, each gas or natural gas company shall maintain all of the meter test records for two years or until the next superseding test, whichever is longer.

(G) Meter reading.

(1) Each gas or natural gas company shall obtain actual readings of its customer meters at least once every twelve months. At a minimum, each company shall make reasonable attempts to obtain actual readings of its customer meters every other month, except where the customer and the company have agreed to other arrangements. Meter readings taken by electronic means (i.e., automated meter reading equipment) are considered actual readings. While remote meter index equipment readings may be used by a company, they do not qualify as actual meter readings. Once operationally feasible, actual meter reads shall be performed by the company on a monthly basis when automatic meter reading equipment is installed in a specific geographic area of the company.

(2) When a gas or natural gas company has undercharged any residential customer as the result of a meter or metering inaccuracy, billing problem, or other continuing problem under the gas or natural gas company's control, the company may only bill the customer for the amount of the unmetered gas rendered in the three hundred sixty-five days immediately prior to the date the company remedies the meter inaccuracy. Customers shall be notified by the gas or natural gas company of their right to have twelve months to pay, in equal installments, any undercharge for unmetered gas service.

(3) When a gas or natural gas company has undercharged any small commercial customer as the result of a meter or metering inaccuracy, billing problem, or other continuing problem under the gas or natural gas company's control, unless the customer and the company agree otherwise, the maximum portion of the undercharge that may be billed to the small commercial customer in any billing month, based upon the appropriate rates, is determined by dividing the amount of the undercharge by the number of months of undercharged service. The company may only bill the customer for the amount of the unmetered gas rendered in the thirty-six month period immediately prior to the date the company remedies the meter inaccuracy. Each gas or natural gas company shall state the total amount to be collected in the first bill under this rule. This paragraph does not affect the gas or natural gas company's recovery of regular monthly charges.

(4) This rule does not apply in the event there has been either the tampering with or the unauthorized reconnection of the meter, metering equipment, or other property of the gas or natural gas company during the involved period of time, where such activity causes meter or metering inaccuracies or no measurement of service.

(5) Upon the customer's request, and in addition to the requirements of paragraph (G)(1) of this rule, the gas or natural gas company shall provide two actual meter readings, without charge, per calendar year. The customer may only request an actual meter reading, without charge, if the customer's usage has been estimated for more than two of the immediately preceding billing cycles consecutively or if the customer has reasonable grounds to believe that the meter is malfunctioning. Nothing in the preceding sentence is intended to limit a customer's ability to obtain a meter reading prior to transferring service to a new retail natural gas supplier or governmental aggregator as provided by paragraph (J) of rule 4901:1-29-06 of the Administrative Code.

(6) Each gas or natural gas company is required to do an actual meter reading at the initiation and/or the termination of service if the meter has not been read within the immediately preceding seventy days and access to the meter is provided.

(7) If a gas or natural gas company has read the meter within the immediately preceding seventy days, it shall inform the customer, when the customer contacts the company to initiate or terminate service, of the customer's right to have an actual meter read at no charge to the customer.

(8) When a meter reading is scheduled through a menu-driven, automated, interactive answering system that allows the customer to interact electronically rather than through a live person, the gas or natural gas company shall provide confirmation (e.g., order confirmation number, written letter) to the customer by the following business day, verifying the nature of the interaction and any appointment made.

(9) Where there is a landlord/tenant relationship and neither the gas or natural gas company nor the customer has access to the meter, the gas or natural gas company shall render notice by mail to both the landlord, when the address is available, and the tenant, summarizing its inability to obtain access to the meter for any of the provisions of this rule.

Last updated September 19, 2023 at 1:40 PM

Supplemental Information

Authorized By: 4905.04, 4905.06, 4905.22, 4905.28
Amplifies: 4933.09, 4933.10, 4933.28
Five Year Review Date: 7/26/2026
Prior Effective Dates: 8/5/2021

Rule 4901:1-13-05 | Minimum customer service levels.

• Effective: September 18, 2023
• Promulgated Under: 111.15

(A) Service initiation and upgrades. Each gas or natural gas company shall complete the installation of new service as set forth in this paragraph. Percentages shall be calculated as monthly averages.

(1) Ninety per cent of residential and small commercial new service requests requiring no installation of gas pipelines shall comply with either one of the following requirements:

(a) Requests will be completed within three business days after the gas or natural gas company has been notified that the customer's service location is ready for service.

(b) Requests will be completed by the requested installation date, when a customer requests an installation date more than three business days after the customer's service location is ready for service.

(2) Ninety per cent of residential and small commercial new service requests requiring installation of the service line, including the setting of the meter, shall comply with either one of the following requirements:

(a) Requests will be completed within twenty business days after the gas or natural gas company has been notified that the customer's service location is ready for service.

(b) Requests will be completed by the requested installation date, when a customer requests an installation date more than twenty business days after the customer's service location is ready for service.

Paragraph (A)(2) of this rule does not apply to main line extension installations. For residential and small commercial customers placing requests for new service that require installation of main line extensions, the gas or natural gas company shall contact the customer within thirty days with an estimate of the cost of the main line extension and the amount, if any, of a deposit. In addition, the gas or natural gas company shall provide an estimated date to complete the main line extension.

(3) Prior to initial operation or reestablishment of residential or nonresidential gas service (including after an outage), the gas piping downstream of the meter shall be tested to determine that no leaks exist. Testing may be accomplished by pressure testing or dial testing as set forth in paragraphs (A)(3)(a) to (A)(3)(d) of this rule.

(a) When pressure testing, the test pressure shall be measured with a manometer or with a pressure measuring device of equal sensitivity and accuracy designed and calibrated to read, record, or indicate a pressure loss due to leakage during the pressure test period.

(b) For new house lines at new installations, a pressure test shall be conducted at no less than one and one-half times the proposed maximum working pressure, but not less than three pounds per square inch gauge (PSIG). Consideration shall be given to accommodate the manufacturer's inlet pressure specifications for connected appliances. Appliances may need to be isolated during the pressure test to prevent damage. All appliance drops shall be tested at a minimum of operating pressure. The test duration shall be no less than one-half hour for each five hundred cubic feet of pipe volume or fraction thereof. When testing a system having a volume less than ten feet or a system in a single-family dwelling, the test duration shall be a minimum of ten minutes. The duration of the test shall not be required to exceed twenty-four hours.

(c) For existing house lines when reestablishing gas service, a pressure test shall be conducted at operating pressure for a duration of no less than three minutes. When gas service has been off for less than thirty days (such as, during an outage), a dial test at operating pressure may be used in place of a pressure test. The duration of the dial test shall be no less than: five minutes for meters which have minimum registering dials showing one-fourth or one-half cubic foot; seven minutes for meters that have a minimum registering dial showing one cubic foot; ten minutes for meters that have a minimum registering dial showing two cubic feet; twenty minutes for meters that have a minimum registering dial showing five cubic feet; and thirty minutes for meters that have a minimum registering dial showing ten cubic feet.

(d) Prior to the reestablishment of service when gas has been disconnected or discontinued in a service line, the service line shall be tested in accordance with 49 C.F.R. 192, effective as of the date set forth in paragraph (G) of rule 4901:1-13-02 of the Administrative Code. Bare steel services operating at a pressure less than one PSIG shall be tested at a minimum of ten PSIG for a duration of no less than five minutes. Bare steel service lines that have been previously abandoned shall not be returned to service. For purposes of this rule, "abandoned" means pipe that was not intended to be used again for supplying of gas or natural gas, including a deserted pipe that is closed off to future use.

(4) If a residential or small commercial customer complies with all pertinent tariff requirements and the gas or natural gas company cannot complete the requested service installation or service upgrade as set forth in paragraph (A)(1) or (A)(2) of this rule, the gas or natural gas company shall promptly notify the customer of the delay, the reasons for the delay, the steps being taken to complete the work, and the probable completion date. If a rescheduled completion date cannot be met, the customer shall be promptly notified. If the rescheduled completion date is delayed more than three business days, notification shall be given to the customer, either in writing or in a manner agreed upon by the parties, stating the reasons for the delay, the steps being taken to complete the work, and the new rescheduled completion date. Each subsequent missed completion date shall count as a missed service installation or upgrade for purposes of calculating performance under paragraph (A)(1) or (A)(2) of this rule.

(5) If the gas or natural gas company fails to complete the requested service installation or upgrade as set forth in paragraph (A)(1) or (A)(2) of this rule, as a result of a military action, war, insurrection, riot or strike or a failure by the residential or small commercial customer or the customer's agent to provide access to the premises when necessary, such failure shall be reported but not be included in the monthly percentage calculation for this rule. Each gas or natural gas company must justify and document in its records each instance where it applied any of the exceptions listed in this paragraph.

(B) Telephone response. On an average monthly basis, each gas or natural gas company's average answer time for customer service calls made to its customer service telephone number shall not exceed ninety seconds. A gas or natural gas company shall set its queue to minimize the number of disconnected calls and busy signals. The requirements in this paragraph do not apply to small gas and natural gas companies.

(1) As used in this paragraph, "answer" means the service representative or automated system is ready to render assistance and/or accept the information necessary to process the call. Acceptance of an automated call back feature by a caller, allowing a caller to pick a later time to be called by a live company representative, satisfies the definition of answer.

(2) Answer time shall be measured from the first ring at the gas or natural gas company or, for companies using a menu-driven, automated, interactive answering system, at the point when the caller begins to wait in queue.

(3) When a gas or natural gas company utilizes a menu-driven, automated, interactive answering system (referred to as the system), the initial recorded message presented by the system to the caller shall only identify the company and the general options available to the caller. The system should include the option of being transferred to a live attendant by selecting a zero on the phone or by following another prompt in the first or second tier of caller options. At any time during the call, the caller shall be transferred to a live attendant if the caller fails to interact with the system for a period of fifteen seconds following any prompt or if the customer pushes zero or equivalent prompt indicated in the first or second tier. Calls handled exclusively by an automated system shall be included in the answer time measurement.

(4) Callers shall not be delayed from reaching the queue by any promotional or merchandising material not selected by the caller.

(C) Scheduled appointments with customers.

(1) The gas or natural gas company shall provide all customers with an expected company arrival time window of four hours or less for all appointments requiring the customer to be present, except when reconnecting pursuant to rule 4901:1-18-07 of the Administrative Code.

(2) On an average monthly basis, each gas or natural gas company shall complete ninety-five per cent of the scheduled appointments with its customers.

(3) If the gas or natural gas company offers a call-ahead process to confirm its imminent arrival at an appointment and the customer has requested telephonic or electronic notification of the company's imminent arrival, the company must:

(a) At the time the company offers the call-ahead process, inform the customer that, if the customer does not respond to the notification, the appointment may be cancelled.

(b) Attempt to notify the customer at least twice before the company may consider the appointment to have been cancelled by the customer if the customer does not respond to the notification. The company's second notification to the customer shall not be placed sooner than ten minutes after the first attempt to notify the customer.

(4) When the gas or natural gas company will not be able to meet a scheduled appointment with a customer, the company shall reasonably attempt to notify the customer in advance of the failure to meet the appointment and arrange either:

(a) A next business day appointment (following the date of the missed appointment) with no expected arrival time window; or

(b) A four-hour window appointment within two business days after the date of the missed appointment.

(5) If the gas or natural gas company considers an appointment cancelled by the customer, or the customer cancels an appointment, the company shall offer the customer either:

(a) A next business day appointment with no expected arrival time window; or

(b) A four-hour window appointment within two business days after the customer contacts the company to reschedule.

(D) If the gas or natural gas company repairs customer service lines, the company shall complete the repair of service-line leaks that require service shutoff by the end of the next day after the service has been shut off for residential and small commercial customers, unless the company is unable to perform the repair or replacement due to lack of access or unsafe working conditions. At the customer's request, the customer and the company may agree upon a mutually acceptable timeframe for the completion of repairs or replacement requiring either a discontinuance of service or a scheduled discontinuation. On an average monthly basis, each gas or natural gas company shall complete ninety-five per cent of these repairs by the end of the next day after the service has been shut off.

(E) Reporting requirements.

(1) When a gas or natural gas company does not meet the minimum service level set forth in paragraph (A), (B), (C), or (D) of this rule, for any two consecutive months, the gas or natural gas company shall notify the director of the commission's service monitoring and enforcement department or the director's designee in writing within thirty days after such failure. Any failure to report the lack of compliance with the minimum service levels set forth in paragraph (A), (B), (C), or (D) of this rule constitutes a violation of this rule.

(2) By March thirty-first of each year, each gas or natural gas company shall submit an annual report to the director of the commission's service monitoring and enforcement department, setting forth the company's actual monthly customer service performance data during the previous calendar year as compared with each of the minimum service levels set forth in paragraphs (A), (B), (C), and (D) of this rule.

Last updated September 19, 2023 at 1:40 PM

Supplemental Information

Authorized By: 4905.04, 4905.06, 4905.22, 4905.28
Amplifies: 4905.04, 4905.06, 4905.22, 4905.28
Five Year Review Date: 7/26/2026
Prior Effective Dates: 8/5/2021

Rule 4901:1-13-06 | Provision of customer rights and obligations.

• Effective: September 18, 2023
• Promulgated Under: 111.15

(A) Each gas or natural gas company shall prominently post on its website and shall provide new customers, upon application for service, and existing customers upon request, a written summary of their rights and obligations under this chapter. For purposes of this rule, "new customer" means a customer who opens a new account and has not received the current version of the summary information.

(B) At a minimum, the summary information shall include the following items:

(1) Complaint procedures available at the gas or natural gas company and the commission.

(2) Customer rights and responsibilities including installation of service, payment of bills, disconnection and reconnection of service, meter testing, security deposits, usage history, deferred payment plans, low-income assistance, information relating to the area's "one-call" or "call-before-you-dig" protection services, and service line responsibilities.

(3) Requirements applicable to company personnel on customer premises.

(4) Availability of rate information and alternatives upon request.

(5) A statement that customers may review a copy of the minimum gas service standards on the commission's website or obtain a copy from the commission upon request.

(6) Privacy rights.

(7) Actual meter readings.

(8) Gas choice programs available to its customers, including information on slamming.

(9) Instructions on how to get further information orally or in writing.

(C) The summary information shall also include the following statement:

"If your complaint is not resolved after you have called (name of 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."

Last updated September 19, 2023 at 1:40 PM

Supplemental Information

Authorized By: 4905.04, 4905.06, 4905.22, 4905.28
Amplifies: 4905.04, 4905.06, 4905.22, 4905.28, 4911.021
Five Year Review Date: 7/26/2026
Prior Effective Dates: 12/7/2006, 4/9/2015

Rule 4901:1-13-07 | Employee identification.

• Effective: September 18, 2023
• Promulgated Under: 111.15

Any gas or natural gas company authorized agent seeking access to a premises shall, upon request, provide company photo identification, and state the reason for the visit.

Last updated September 19, 2023 at 1:41 PM

Supplemental Information

Authorized By: 4905.04, 4905.06, 4905.22, 4905.28
Amplifies: 4905.04, 4905.06, 4905.22, 4905.28
Five Year Review Date: 7/26/2026
Prior Effective Dates: 12/7/2006

Rule 4901:1-13-08 | Standards specific to the provision of small commercial gas service.

• Effective: September 18, 2023
• Promulgated Under: 111.15

This rule addresses standards involving creditworthiness, deposits, bases for denial or disconnection, notice requirements and reconnection for small commercial customers.

(A) Creditworthiness for establishing small commercial gas service.

(1) Each gas or natural gas company shall establish equitable and nondiscriminatory written procedures to determine creditworthiness of customers for small commercial gas service.

(2) Upon request, each gas or natural gas company shall provide small commercial gas service customers with their credit history with that company, a copy of this rule, the commission's website, and the toll-free number of the commission's consumer hotline. Hearing or speech impaired customers may contact the commission via 7-1-1 (Ohio relay service).

(B) Deposits for establishing and reestablishing small commercial gas service.

(1) Review of deposit upon small commercial customer request.

(a) Each gas or natural gas company which requires a cash deposit shall communicate all of the following to the small commercial customer:

(i) The reason(s) for its decision.

(ii) The options available to establish credit.

(iii) That the small commercial customer may contest the company's decision and show creditworthiness.

(iv) That the small commercial customer may raise concerns with the public utilities commission of Ohio, which has staff available to provide assistance with complaints.

(v) The commission's website and the toll-free number of the commission's call center. Hearing or speech impaired customers may contact the commission via 7-1-1 (Ohio relay service).

(b) Upon request of the small commercial customer, the information in paragraph (B)(1)(a) of this rule shall be provided in writing.

(2) Upon acceptance of a deposit under this rule, each gas or natural gas company shall furnish a receipt to the small commercial customer, showing all of the following: the name of the small commercial customer; the address of the premises currently served or to be served; the billing address for service; the amount of the deposit; a statement as to the interest rate to be paid; the length of time the deposit must be held to qualify for interest; and the conditions for refunding the deposit.

(3) In retaining and returning deposits for small commercial gas service, the gas or natural gas company shall do all of the following:

(a) Review, on a biennial basis, each small commercial account for which a deposit has been held for twenty-four months and promptly refund the deposit or credit the small commercial customer's account, plus any interest accrued, if during the preceding twenty-four months all of the following conditions are satisfied:

(i) The small commercial customer's service was not disconnected for nonpayment, a fraudulent practice, tampering, or unauthorized reconnection.

(ii) The small commercial customer had no more than three past due bills.

(iii) The small commercial customer is not then delinquent in payment of bills.

(b) Pay interest of not less than three per cent per annum on a deposit, provided the company has held the deposit for at least six consecutive months.

(c) When service is terminated or disconnected, promptly apply the deposit and interest accrued to the final bill for service and refund any amount in excess of the final bill to the small commercial customer. A transfer of service within the gas or natural gas company territory or service area is not considered a disconnection under this paragraph.

(C) Reasons to deny or disconnect small commercial service. Each gas or natural gas company may refuse or disconnect service to small commercial customers only in the following circumstances:

(1) When the small commercial customer violates or fails to comply with a contract approved by the commission pursuant to section 4905.31 of the Revised Code, or the gas or natural gas company tariff(s).

(2) When gas or natural gas company service to a small commercial customer or consumer violates any law of this state or any political subdivision thereof, or any federal law or regulation.

(3) When a small commercial customer or consumer tampers with gas or natural gas company property or engages in a fraudulent practice to obtain service, as set forth in rule 4901:1-13-09 of the Administrative Code.

(4) When a small commercial customer uses gas or equipment which adversely affects gas or natural gas company service to other customers or consumers, e.g., interruptions of service.

(5) When a safety hazard or emergency may threaten the health and safety of any of the following: the premises, occupants of the premises, the surrounding area, the public, the gas or natural gas company's personnel, or the operation or integrity of the gas or natural gas company's facilities.

(6) When a small commercial customer, a landlord of a small commercial customer, or a tenant leasing a landlord or small commercial customer's premises prevents access to gas or natural gas company facilities or equipment on the property.

(7) When a small commercial gas or natural gas company customer has failed to pay bills and any tariffed charges, including deposits and amounts not in bona fide dispute. Where the small commercial customer has a bona fide dispute, the gas or natural gas company shall not disconnect service if the small commercial customer pays either the undisputed portion of the bill or the amount paid for the same billing period in the previous year.

(8) When a small commercial customer vacates the premises.

(9) When repairs are necessary, provided that the gas or natural gas company has reasonably attempted to notify the small commercial customer and, if the small commercial customer is not located at the service location, the consumer, prior to scheduled maintenance interruptions in excess of four hours.

(10) Upon the small commercial customer's request.

(11) When a former small commercial customer, whose account with that gas or natural gas company is still in arrears for service previously furnished at the premises, has again requested service for those premises.

(12) When a small commercial customer does not meet the gas or natural gas company's creditworthiness standards.

(13) For other good cause shown.

(D) Notice requirements when disconnecting small commercial service.

(1) Except as otherwise provided by contract approved by the commission pursuant to section 4905.31 of the Revised Code, each gas or natural gas company shall give the small commercial customer written notice, not less than five business days after the postmark date, before service is disconnected, when any of the following conditions exist:

(a) Violation of or noncompliance with the contract or gas or natural gas company's tariff(s) that applies to small commercial customer service.

(b) The small commercial customer prevents access to gas or natural gas company facilities or equipment on the property.

(c) For nonpayment of bills and any tariffed charges, including security deposits and amounts not in a bona fide dispute.

(2) Prior notice from the gas or natural gas company is not required when a hazardous condition exists.

(3) The disconnection notice itself or the documents accompanying the disconnection notice shall clearly display all of the following, as applicable:

(a) The delinquent or invoiced billing account number.

(b) The dollar amounts for any past due amounts, any reconnection charge, and any deposit owed.

(c) The earliest date when disconnection may occur.

(d) The address and toll-free telephone number of the gas or natural gas company office for customers to contact about their accounts.

(e) A statement that the commission staff is available to render assistance with unresolved complaints, and the commission's website and toll-free number of the commission's call center. Hearing or speech impaired customers may contact the commission via 7-1-1 (Ohio relay service).

(f) A statement that the small commercial customer's failure to pay the amount required at the gas or natural gas company's office or to one of its authorized agents or by other acceptable available means by the date specified in the notice may result in a deposit and in a charge for reconnection.

(g) A statement that the nonpayment of charge(s) for ancillary service unrelated to regulated distribution service shall not result in the disconnection of regulated gas distribution service.

(h) A specific description of the reasons for disconnection of service.

(E) Reconnection of small commercial service.

(1) Unless a small commercial customer requests or agrees otherwise, a gas or natural gas company shall reconnect service after any of the following occurs:

(a) The gas or natural gas company receives the full amount in arrears, for which service was disconnected, and the gas or natural gas company receives any deposit authorized under this chapter and any tariffed charges.

(b) The gas or natural gas company agrees with the customer on a deferred payment plan and receives a payment (if required under the plan), and the gas or natural gas company receives any deposit authorized under this chapter and any tariffed charges.

(c) The customer establishes that the conditions that warranted disconnection of service have been eliminated.

(2) Before small commercial gas service is reconnected, a gas or natural gas company may not require a small commercial customer to pay any of the following to have service reconnected:

(a) Any amount owed but not yet past due.

(b) If the small commercial customer has multiple small commercial accounts, any amount owed or overdue on those other small commercial accounts.

(3) Upon payment or proof of payment of the delinquent amount as stated on the disconnection notice and any applicable reconnection charge, the gas or natural gas company shall reconnect service that has been disconnected for nonpayment pursuant to the following provisions:

(a) For customers disconnected from service for ten business days or less, the gas or natural gas company may assess a reconnection charge and shall reconnect to service by the close of the following regular company working day.

(b) For customers disconnected from service for more than ten business days, the gas or natural gas company may treat the customers as new customers and connect service consistent with the timeframe in rule 4901:1-13-05 of the Administrative Code. In addition, the gas or natural gas company may assess a customer a reconnection charge in accordance with approved tariffs.

(c) If service is disconnected for nonpayment for no more than ten business days and the customer wishes to guarantee the reconnection of service the same day on which payment is rendered, the customer must provide proof of payment to the company no later than twelve-thirty p.m. If the customer requests that reconnection occur after normal business hours, and such service is offered by the company, the company may require the customer to pay or agree to pay the company's approved tariff charges for after-hours reconnection. The company may collect this fee prior to reconnection or with the customer's next monthly billing.

(d) The gas or natural gas company shall not assess a reconnection charge unless it has actually disconnected the service. The gas or natural gas company may, however, assess a collection charge if the collection charge is part of the company's approved tariff. The collection charge shall not be assessed more than once per billing cycle.

Last updated September 19, 2023 at 1:41 PM

Supplemental Information

Authorized By: 4905.04, 4905.06, 4905.22, 4905.28
Amplifies: 4905.04, 4905.06, 4905.22, 4905.28
Five Year Review Date: 7/26/2026
Prior Effective Dates: 12/7/2006

Rule 4901:1-13-09 | Fraudulent practice, tampering, and theft of gas service.

• Effective: September 18, 2023
• Promulgated Under: 111.15

(A) Disconnection of service for tampering or unauthorized reconnection.

(1) A gas or natural gas company may disconnect service without prior notice to a customer when either of the following occurs:

(a) The gas service meter, metering equipment, or associated property was damaged, interfered with, displaced, bypassed, or otherwise tampered with by a customer, consumer, or other person.

(b) A person not authorized by the gas or natural gas company has reconnected service.

(2) Each gas or natural gas company that has disconnected service under this paragraph shall tag or seal the customer's meter and hand-deliver written notice to the customer or consumer at the service location. If neither the customer nor an adult consumer is present, the gas or natural gas company shall attach a prominent written notice to a conspicuous place on the premises. When a gas or natural gas company reasonably believes that tagging or sealing the meter, hand delivering notice, or posting notice may jeopardize employee safety, it may promptly send notice, to the customer and consumer if the customer is not located at the service location. The notice shall include the following information:

(a) An explanation that service was disconnected because either the meter, metering equipment and/or gas or natural gas company property was tampered with, or a person not authorized by the gas or natural gas company reconnected the customer's service.

(b) The gas or natural gas company's telephone number and notice that the customer may contest the disconnection by requesting an opportunity to discuss the matter with a company representative.

(c) An explanation that, if the customer does not contest the disconnection, the gas or natural gas company is not required to restore service until the customer has provided satisfactory assurances that such tampering or unauthorized reconnection has ceased and has paid or made satisfactory arrangements to pay the company an amount that the company calculates for unmetered service, any defaulted amount, any damage to company equipment or meter, any security deposit (consistent with rules 4901:1-13-08 and 4901:1-17-05 of the Administrative Code), and any tariffed reconnection and investigation charges.

(d) A statement that:

"If your complaint is not resolved after you have called (name of utility), or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO), toll-free at 1-800-686-7826 from eight a.m. to five p.m. weekdays, or visit 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 from eight a.m. to five p.m. weekdays, or visit http://www.pickocc.org."

(3) If the customer contests the disconnection, the company shall timely mail or deliver its decision to the customer. If the company's decision is that service can be reconnected, the company may notify the customer by telephone to arrange for reconnection.

(B) Disconnection of service for fraudulent practice.

(1) A gas or natural gas company may disconnect service, after providing notice to the customer pursuant to this paragraph, when a customer uses any fraudulent practice to obtain or maintain service. Before it may disconnect service for a fraudulent practice, each gas or natural gas company shall provide a written notice to the customer or consumer at the service location.

(2) The notice shall include the following information:

(a) A description of the alleged fraudulent practice.

(b) The gas or natural gas company telephone number and notice that the customer may contest the company's findings by requesting an opportunity to discuss the matter with a company representative.

(c) An explanation that the gas or natural gas company may disconnect service in either of the following circumstances:

(i) The customer does not contact the gas or natural gas company to contest the findings of fraudulent practice within three business days after receiving this notice.

(ii) The customer does not provide a satisfactory explanation to the company.

(d) An explanation that, if service is disconnected, the gas or natural gas company is not required to reconnect service until the customer pays or makes satisfactory arrangements to pay the company the bill for service that was fraudulently obtained or maintained, any security deposit (consistent with rules 4901:1-13-08 and 4901:1-17-05 of the Administrative Code), and any tariffed reconnection and investigation charges.

(e) A statement that:

"If your complaint is not resolved after you have called (name of utility), or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO), toll-free at 1-800-686-7826 from eight a.m. to five p.m. weekdays, or visit 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 from eight a.m. to five p.m. weekdays, or visit http://www.pickocc.org."

(3) A gas or natural gas company may terminate service for a fraudulent practice when the customer fails to contest the disconnection with the company within three business days after delivery of the written notice required by this rule. Should the customer contest the notice and fail to satisfy the claims of fraud, the company may terminate service two business days after the customer receives the gas or natural gas company's written adverse decision regarding the matter. Notice of actual disconnection shall be left for the customer or consumer at the service location in a conspicuous location. When a company reasonably believes that posting the notice of actual disconnection may jeopardize employee safety, it shall promptly mail the notice, return receipt requested, to the customer and consumer (if the customer is not located at the service location).

(C) Each gas or natural gas company shall maintain records which include the basis for its decision to disconnect service for tampering, unauthorized reconnection, or fraudulent practice.

Last updated September 19, 2023 at 1:41 PM

Supplemental Information

Authorized By: 4905.04, 4905.06, 4905.22, 4905.28
Amplifies: 4911.021, 4933.122, 4933.18, 4933.19, 4933.22
Five Year Review Date: 7/26/2026

Rule 4901:1-13-10 | Complaints and complaint-handling procedures.

• Effective: September 18, 2023
• Promulgated Under: 111.15

(A) As used in this rule, customer/consumer complaint means a customer/consumer contact when such contact necessitates follow-up by or with the gas or natural gas company to resolve a point of contention.

(B) Each gas or natural gas company shall make good faith efforts to settle unresolved disputes, which may include meeting with the customer/consumer at a reasonable time and place.

(C) Except as ordered by the commission or directed by the commission staff in disconnection or emergency cases, each gas or natural gas company shall investigate customer/consumer complaints and, unless otherwise agreed to, provide a status report within three business days of the date of receipt of the complaint to commission staff, when investigating a complaint referred to the gas or natural gas company by the commission or commission staff.

(D) If an investigation is not completed within ten business days, the gas or natural gas company shall provide status reports to update commission staff when investigating a complaint referred to the gas or natural gas company by the commission or commission staff, either orally or in writing, at five-business-day intervals, unless otherwise agreed to, until the investigation is complete.

(E) Each gas or natural gas company shall inform commission staff when involved, of the results of the investigation, orally or in writing, no later than five business days after completion of the investigation. The customer/consumer or commission staff may request the final report to be in writing.

(F) If the customer/consumer disputes the gas or natural gas company's report(s), each gas or natural gas company shall inform the customer/consumer that the commission staff is available to mediate complaints. The company shall provide the customer/consumer with the commission's website and toll-free telephone number of the commission's call center. Hearing or speech impaired customers may contact the commission via 7-1-1 (Ohio relay service).

(G) Each gas or natural gas company will also provide a dedicated telephone number staffed from eight a.m. to five p.m., Monday through Friday, except on state holidays, to commission staff to use and provide to consumers when escalating consumer complaints. The gas or natural gas company staff assigned to answer these calls will have the authority to address the escalated consumer complaint. The requirements in this paragraph do not apply to small gas and small natural gas companies.

(H) If a customer contacts the gas or natural gas company concerning competitive retail natural gas service issues, the gas or natural gas company shall:

(1) Review the issue with the customer to determine whether it also involves the gas or natural gas company.

(2) Cooperate with the resolution of any joint issues with the retail natural gas supplier or governmental aggregator.

(3) Refer the customer to the appropriate retail natural gas supplier or governmental aggregator in those instances where the issue lacks gas or natural gas company involvement.

(I) Slamming complaints.

(1) If a customer contacts a gas or natural gas company alleging that the customer has been switched from regulated sales service to a retail natural gas supplier or governmental aggregator without authorization, the gas or natural gas company shall:

(a) Provide the customer any evidence relating to the customer's enrollment.

(b) Refer the customer to the commission's call center.

(c) Provide the customer with the toll-free telephone number of the commission's call center.

(d) Cooperate with the commission staff in any subsequent investigations of the slamming complaint.

(2) In the event that a customer was switched from a gas or natural gas company's regulated sales service without authorization, the gas or natural gas company shall switch the customer back to the gas or natural gas company's regulated sales service without penalty.

Last updated September 19, 2023 at 1:41 PM

Supplemental Information

Authorized By: 4905.04, 4905.06, 4905.22, 4905.28
Amplifies: 4905.04, 4905.06, 4905.22, 4905.28
Five Year Review Date: 7/26/2026
Prior Effective Dates: 12/7/2006, 1/6/2011, 4/9/2015

Rule 4901:1-13-11 | Gas or natural gas company customer billing and payments.

• Effective: September 18, 2023
• Promulgated Under: 111.15

(A) This rule applies to all gas or natural gas company bills, including those issued on behalf of any retail natural gas supplier or governmental aggregator. Gas or natural gas companies shall make dual billing and consolidated billing available to retail natural gas suppliers and governmental aggregators.

(B) Bills issued by or for the gas or natural gas company shall be accurate and rendered at monthly intervals. Each bill shall display all of the following information:

(1) The customer's name, billing address, service address, account number, and, if applicable, the retail natural gas supplier or governmental aggregator account number.

(2) The gas or natural gas company's name and its payment address.

(3) The gas or natural gas company's twenty-four hour, local or toll-free telephone number for reporting service emergencies.

(4) A statement that customers with bill questions or complaints should call or write the gas or natural gas company first. The bill shall list the gas or natural gas company's local or toll-free telephone number(s) and the address where a question or complaint may be sent.

(5) The following text:

"If your complaint is not resolved after you have called (name of 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."

(6) The identification of the applicable rate schedule.

(7) The dates of the service period covered by the bill.

(8) The billing determinants, if applicable:

(a) Beginning meter reading(s).

(b) Ending meter reading(s).

(c) Multiplier(s).

(d) Consumption(s).

(e) Fixed monthly customer charge.

(9) The rate for purchase of the gas or natural gas commodity, expressed in dollars and cents per Mcf or Ccf, reflecting either of the following:

(a) The gas cost recovery rate; or

(b) The rate for the commodity service, if the company has been granted an exemption under section 4929.04 of the Revised Code.

(10) The total charge attributable to the rate for purchase of the gas or natural gas commodity, expressed in dollars and cents, reflecting either of the following:

(a) The gas cost recovery rate.

(b) The rate for the commodity sales service, if the company has been granted an exemption under section 4929.04 of the Revised Code.

(11) If applicable, the name of the retail natural gas supplier or governmental aggregator in close proximity to the retail natural gas supplier or governmental aggregator commodity charges, as well as a toll-free or local telephone number and address for customer billing questions or complaints regarding retail natural gas supplier or governmental aggregator charges.

(12) The total charge attributable to the gross receipts tax, expressed in dollars and cents, and the gross receipts tax rate. This requirement only applies to gas or natural gas companies that allow for competitive retail natural gas services on their system.

(13) The following prominently displayed price to compare statement on residential and small commercial customer bills, if the company has a choice program:

"When shopping for a natural gas supplier, it may be useful to compare supplier offers with the standard choice offer (SCO) rate [or, if applicable, the gas cost recovery (GCR) rate] available to eligible customers, which varies monthly based on the market price of natural gas. Price represents one feature of any offer; there may be other features which you consider of value. More information about the SCO [or GCR, if applicable] and other suppliers' offers is available at energychoice.ohio.gov or by contacting the PUCO."

(14) The identification of estimated bills.

(15) The due date for payment.

(16) The total charges for the current billing period.

(17) Any late payment charge or gross and net charges, if applicable.

(18) Any unpaid amounts due from previous bills, customer credits, and total amounts due and payable.

(19) The current balance of the account, if the residential customer is billed according to a budget plan.

(20) The current gas and electric charges separately, if the customer is billed for gas and electric service on the same bill.

(21) If applicable, each charge for a service that is either nontariffed or nonregulated and, with regard to services that are, the name and toll-free telephone number of each provider of service.

(22) Any nonrecurring charge(s).

(23) Any payment(s) or credit(s) applied to the account during the current billing period.

(24) If applicable, all the percentage of income payment plan plus (PIPP plus) billing information:

(a) Current PIPP plus payment.

(b) PIPP plus payments defaulted (i.e., past due).

(c) Total PIPP plus amount due.

(d) Total account arrearage.

(25) An explanation of codes and abbreviations used.

(26) If a customer's selected retail natural gas supplier or governmental aggregator bills separately for its supplier charges, the supplier's name and a statement that such supplier is responsible for billing the gas supplier charges and such supplier will separately bill the customer for that component of natural gas service.

(27) The customer's historical consumption during each of the preceding twelve months, with a total and average consumption for such twelve-month period, if the company has a choice program.

(28) A statement, either appearing directly on the bill, in a bill insert, or as a separate mailing, of any payment arrangement agreed upon by the customer and the company.

(C) All bills shall be due no earlier than fourteen days from the date of the postmark on the bill. If the bill is sent electronically, the bill shall not be due earlier than fourteen days from the date of the electronic postmark on the bill. If the bill is mailed by means that does not place a postmark on the bill (i.e., such as permit mailing), the bill shall not be due earlier than fourteen days from the date on the actual bill. All bills mailed without postmarks shall be mailed no later than the day listed on the bill. For residential bills being issued from outside the state of Ohio, the due date shall be no less than seventeen days from the date on the actual bill.

(D) A gas or natural gas company proposing any new bill format shall file its proposed bill format with the commission for approval. If the commission does not act upon an application for a new bill format approval within forty-five days, the proposed bill format shall automatically be approved on the forty-sixth day.

(E) Payment methodologies and parameters.

(1) Each gas or natural gas company shall make payment options available to customers.

(a) Payment options may include, but are not limited to: cash, check, or money order payments in person to the company or a payment agent; check or money order through the mail; check over the telephone; credit card; or electronic money transfers.

(b) Each gas or natural gas company shall, upon request, provide customers with an updated list of its available payment options and descriptions thereof, and shall post the updated list on its website.

(c) The list of available payment options shall include the name and street address/location of the nearest payment center and/or local authorized agent, and all applicable fees for utilizing the various methods available for payment of customer bills.

(d) The gas or natural gas company may not deny a customer the use of one or more of the payment options solely because the customer's account is in arrears.

(2) If a gas or natural gas company accepts payments from customers via authorized agents, the company shall provide signage to the authorized agent with its logo, or other appropriate indicators, that affirm the payment location as an authorized agent of the gas or natural gas company.

(3) Each gas or natural gas company shall not charge more than two dollars for processing payments by cash, check, or money order at authorized agent locations. Customers may not be charged for processing their payments by check or money order through the mail. Customers may be charged for processing their payments by check over the telephone, by credit card, or electronic money transfers and such charges will be evaluated by the commission.

(4) When a customer pays the bill at the gas or natural gas company's business office or to an authorized agent of the company, the payment, including any partial payment, shall be immediately credited to the customer's account where feasible, and, in any event, be credited to the customer's account as of the date received at the business office or by the agent. When payment is received at the company's business office through other means, such as by mail or on line, the payment shall be posted immediately upon receipt to the customer's account, where feasible, and in any event, be credited to the customer's account on the date received.

(5) No gas or natural gas company shall disconnect service to a customer who pays the total amount due (or an amount agreed upon between the gas or natural gas company and the customer to prevent disconnection) on the account by the close of business on the disconnection date listed on the disconnection notice. Payment received by an authorized agent of the gas or natural gas company shall constitute receipt of payment by the company.

(6) Each gas or natural gas company shall establish a written policy for its personnel at its business offices and for its authorized agents to handle billing disputes, requests for payment arrangements, and for the reporting of payments made by customers due to their receipt of a disconnection notice, in order to prevent disconnection of service. If such matters cannot be handled by an agent authorized to accept payments, the agent shall provide customers with the gas or natural gas company's local or toll-free telephone number.

(7) When applicable, a supplier agreement between a gas or natural gas company and a retail natural gas supplier must provide that if the gas or natural gas company collects customer payments on behalf of the retail natural gas supplier, then customer's liability to the retail natural gas supplier ceases to the extent of a payment made and applicable to the customer's retail natural gas supplier account.

(F) Any gas or natural gas company that issues billing statements electronically shall comply with each of the following requirements:

(1) All payment methods shall continue to be available to the customer.

(2) No enrollment or usage fees shall be assessed to a customer who chooses to receive bills and/or customer information electronically.

(3) The electronic billing statement shall include all requirements listed in paragraph (B) of this rule.

(4) The gas or natural gas company shall maintain a secure and encrypted internet location that is to be accessed only by the customer of record after completing a secure registration process.

(5) Any fees to accept electronic payments shall be clearly disclosed in payment window(s).

(6) Any payment made electronically shall be treated as a payment made at the company business office. The time needed to post the payment to the account shall be clearly stated.

(G) Handling partial payments.

(1) Nonconsolidated bills. Each gas or natural gas company shall credit any customer's partial payments in the following order:

(a) First, credit past due distribution and sales service charges.

(b) Second, credit current distribution and sales service charges.

(c) Third, credit past due and current nonregulated or nontariffed charges.

(2) Consolidated bills. Partial payments applied towards any past due amount on a bill or the balance due on a disconnection notice must be apportioned in the following order:

(a) First, credit past due gas or natural gas company service and delivery charges.

(b) Second, credit current gas or natural gas company service and delivery charges.

(c) Third, credit retail natural gas supplier or governmental aggregator charges.

(d) Fourth, credit past due and current nonregulated or nontariffed charges.

If the customer pays the entire amount past due or more, any amount paid over the amount past due shall be applied first to gas or natural gas company service and delivery charges.

(3) 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) Transfer of customer billing information.

(1) The nonbilling retail natural gas supplier 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 gas or natural gas company shall include in the consolidated bill all required bill content information furnished by the nonbilling retail natural gas supplier.

(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.

Last updated September 19, 2023 at 1:42 PM

Supplemental Information

Authorized By: 4905.04, 4905.06, 4905.22, 4905.28
Amplifies: 4905.30, 4933.17, 4933.122, 4911.021
Five Year Review Date: 7/26/2026
Prior Effective Dates: 1/6/2011, 2/16/2012

Rule 4901:1-13-12 | Consumer safeguards and information.

• Effective: September 18, 2023
• Promulgated Under: 111.15

(A) The commission staff may review and/or request modification of informational, promotional, and educational materials.

(B) Unfair and deceptive acts or practices.

No gas or natural gas company shall commit an unfair or deceptive act or practice in connection with the promotion or provision of service, including an omission of material information. An unfair or deceptive act/practice includes, but is not limited to, the following:

(1) A gas or natural gas company representing to a customer that distribution service will or may be disconnected unless the customer pays any amount due for nonregulated, nontariffed service.

(2) A gas or natural gas company charging a customer for a service for which the customer did not make an initial affirmative order. An affirmative order means that a customer must positively elect to subscribe to a service before it is added to the account. Failure to refuse an offered or proposed service is not an affirmative order for the service.

(C) Customer-specific information.

(1) A gas or natural gas company shall not disclose a customer's account number without the customer's written consent or electronic authorization, or a court or commission directive ordering disclosure, except for the following purposes:

(a) A gas or natural gas company's collections and/or credit reporting activities.

(b) Participation in the home energy assistance program, the emergency home energy assistance program, and the percentage of income payment plan programs.

(c) Cooperation with governmental aggregators.

The gas or natural gas company must use the consent form described in this rule. Electronic consent forms will use the same format as described in paragraph (D)(3) of this rule.

(2) A gas or natural gas company shall not disclose a customer's social security number, except for the following purposes:

(a) Completing a customer credit evaluation.

(b) Collections and/or credit reporting activities by a gas or natural gas company, a competitive retail natural gas supplier, or a governmental aggregator.

(c) Participation in the home energy assistance program, the emergency home energy assistance program, and the percentage of income payment plan programs.

(d) Customer provides written consent via the consent form in paragraph (3) below.

(3) The consent form shall 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 fourteen-point type. The following statement shall 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 gas or natural gas company) to release the information set forth above. By my signature, I freely give (name of the gas or natural gas company) permission to release the information designated above." The information that the gas or natural gas company 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.

(D) Upon customer request, a gas or natural gas company shall timely provide twelve months of a customer's usage history and twenty-four months of a customer's payment history to the customer without charge.

(E) A gas or natural gas company with a choice program will:

(1) Provide generic customer and usage information, in a universal file format, to other retail natural gas suppliers on a comparable and nondiscriminatory basis.

(2) Provide customer-specific information to retail natural gas suppliers and governmental aggregators on a comparable and nondiscriminatory basis as prescribed in paragraph (C) of rule 4901:1-13-14 of the Administrative Code, unless the customer objects to the disclosure of such information.

(3) Prior to issuing any eligible-customer lists and at least four times per calendar year, provide all customers clear written notice, in billing statements or other communications, of their right to object to being included on such lists. Such notice shall include instructions for reporting such objection. This notice shall read as follows: "We are required to include your name, address, and usage information on a list of eligible customers that is made available to other retail natural gas suppliers or governmental aggregators. If you do not wish to be included on this list, please call _________ or write ___________________ , or complete the appropriate form on ________________ website."

(4) Not release such information unless and until the customer affirmatively indicates that the information may be released, if a customer reports such objection as provided in paragraphs (F)(2) and (F)(3) of this rule.

Last updated September 19, 2023 at 1:42 PM

Supplemental Information

Authorized By: 4905.04, 4905.06, 4905.22, 4905.28
Amplifies: 4905.04, 4905.06, 4905.22, 4905.28
Five Year Review Date: 7/26/2026
Prior Effective Dates: 4/13/2007, 12/1/2014

Rule 4901:1-13-13 | Uniform system of accounts for gas companies.

• Effective: April 9, 2015
• Promulgated Under: 111.15

(A) Gas or natural gas companies subject to the jurisdiction of the public utilities commission of Ohio shall keep their books of accounts and records in accordance with the uniform system of accounts from time to time prescribed by the federal energy regulatory commission except to the extent that the provisions of said uniform system of accounts are inconsistent in any way with any outstanding orders of the public utilities commission of Ohio.

(B) The public utilities commission of Ohio reserves to itself the right to require the creation and maintenance of such additional accounts as may hereafter be prescribed to cover the accounting procedures of gas or natural gas companies operating within the state of Ohio.

Last updated February 28, 2023 at 9:35 AM

Supplemental Information

Authorized By: 4905.04, 4905.06, 4905.22, 4905.28
Amplifies: 4905.13
Five Year Review Date: 7/26/2026
Prior Effective Dates: 12/7/2006

Rule 4901:1-13-14 | Coordination between gas or natural gas companies and retail natural gas suppliers or governmental aggregators.

• Effective: September 18, 2023
• Promulgated Under: 111.15

(A) At a minimum, the gas or natural gas company tariff shall include provisions governing the relationship between the retail natural gas supplier and the governmental aggregator for competitive retail natural gas service. Such provisions shall address:

(1) Nomination and deliveries.

(2) Billing (between the gas or natural gas company and the retail natural gas supplier or governmental aggregator).

(3) Customer billing (options, collection, application of customer payments).

(4) Measurement of delivered volume.

(5) Shrinkage and retainable factors.

(6) Customer enrollment process information exchange.

(7) Dispute resolution process (between the gas or natural gas company and the retail natural gas supplier or governmental aggregator).

(8) Standard operating rules.

(9) Performance standards of the retail natural gas supplier or governmental aggregator.

(10) Creditworthiness and default security.

(11) Supplier agreement.

(12) A listing and description of all fees and charges assessed to retail natural gas suppliers or governmental aggregators.

(13) Service termination and disconnection (of end-user customer).

(14) Conditions and processes for returning customers to the gas or natural gas company's commodity service.

(15) Customer enrollment and switching.

(16) Supplier proof of certification.

(B) A gas or natural gas company shall execute a supplier agreement with each retail natural gas supplier and governmental aggregator to operate under the terms of the gas or natural gas company's tariff. At a minimum, the supplier agreement shall include representations and warranties, indemnification, limitations on liability, default (breach), remedies, force majeure, commencement, and term. A current copy of the supplier agreement is to be filed with the gas or natural gas company's tariff or in its tariff docket.

(C) Gas or natural gas companies shall make eligible-customer lists available to certified retail natural gas suppliers and governmental aggregators via electronic media. Such lists shall be updated quarterly and shall, at a minimum, contain customer name, service and mailing addresses, load profile reference category, meter read date or schedule, and historical consumption data for each of the most recent twelve months. All information provided on the eligible-customer lists will be identified in the company tariff and approved by the commission.

(D) The gas or natural gas company shall coordinate customer enrollment with the retail natural gas supplier and governmental aggregator in compliance with all applicable requirements.

(E) The gas or natural gas company shall, within two business days of confirming a retail natural gas supplier's or governmental aggregator's valid electronic enrollment request and prior to commencing enrollment, provide to the customer, by mail or email with an electronic notification of receipt, a competitively neutral confirmation notice stating:

(1) The gas or natural gas company has received a request to enroll the customer for competitive retail natural gas service with the named retail natural gas supplier or governmental aggregator.

(2) The date such service is expected to begin.

(3) The customer has seven business days from the postmark date on the notice to contact the gas or natural gas company to rescind the enrollment request or notify the gas or natural gas company that the change of the retail natural gas supplier or governmental aggregator was not requested by the customer.

(4) The gas or natural gas company's toll-free or local telephone number.

(F) Within two business days after receiving a customer's request to rescind enrollment with the retail natural gas supplier or governmental aggregator, the gas or natural gas company shall initiate such rescission and inform the retail natural gas supplier or governmental aggregator that such action has been taken.

(G) Customers returning to the gas or natural gas company.

(1) Any customer returning to the gas or natural gas company's commodity service due to default, abandonment, slamming, or certification rescission of a retail natural gas supplier or governmental aggregator will not be liable for any costs associated with the switch.

(2) Any switching fee applicable to customers switching from one marketer to another marketer shall also apply to customers switching from a marketer to a gas or natural gas company's applicable tariff service.

(3) Customers participating in an opt-out government aggregation program will not be charged a switching fee upon returning to a gas or natural gas company's applicable tariff service due to either termination of the aggregation or the aggregator switching suppliers.

(4) Any customer returned to a gas or natural gas company's applicable tariff service shall pay the applicable rate while taking such service.

(5) Any customer returned to the gas or natural gas company's applicable tariff service pursuant to paragraph (E) of rule 4901:1-28-04 of the Administrative Code shall not be charged a switching fee.

(6) Within two business days after confirming the validated electronic data file for a retail natural gas supplier's or governmental aggregator's customer drop request, the gas or natural gas company shall provide to the customer, by mail or email with an electronic notification of receipt, a notice stating both of the following:

(a) The gas or natural gas company has received a request to drop the customer from competitive retail natural gas service or governmental aggregation with the named retail natural gas supplier or governmental aggregator.

(b) The retail natural gas supplier's or governmental aggregator's toll-free telephone number.

(H) Within three business days of notifying a retail natural gas supplier of a customer cancellation, the gas or natural gas company shall provide to the customer, by mail or email with an electronic notification of receipt, a notice stating all of the following:

(1) The gas or natural gas company has received the cancellation request from the customer and has notified the customer's retail natural gas supplier of the cancellation.

(2) The date the gas or natural gas company received the cancellation.

(3) The gas or natural gas company's toll-free telephone number.

(I) In the event of a material default, as defined by a gas or natural gas company's tariff or by an agreement between the gas or natural gas company and the retail natural gas supplier or governmental aggregator:

(1) The gas or natural gas company will serve a written notice of such default in reasonable detail and with a proposed remedy to the retail natural gas supplier or governmental aggregator and the commission.

(2) On or after the date the default notice has been served, the gas or natural gas company may file with the commission a written request for authorization to terminate or suspend the retail natural gas supplier or governmental aggregator from participation with the gas or natural gas company's supplier program.

(3) If the material default is due to reasons other than underdelivery or nondelivery, and if the commission, or an attorney examiner, does not issue an entry to suspend or reject the action proposed by the gas or natural gas company within ten business days after receipt of the request, the gas or natural gas company's request to terminate or suspend will be deemed authorized on the eleventh business day.

(4) If the default is due to underdelivery or nondelivery and, if the commission, or an attorney examiner, does not act within five business days after receipt of the request, the gas or natural gas company's request to terminate or suspend will be deemed authorized on the sixth business day.

(5) Notwithstanding paragraphs (J)(3) and (J)(4) of this rule, terminations or suspensions from a gas or natural gas company's supplier program are to be authorized by the commission.

(6) The gas or natural gas company will send notices pursuant to paragraph (J) of this rule by electronic mail, fax, overnight mail, or hand delivery to the commission and staff at the commission's offices. The gas or natural gas company will notify all commissioners, the chief of staff, the director of the service monitoring and enforcement department, the director of the rates and analysis department, the director of the legal department, and the chief of the attorney general's public utilities section. The gas or natural gas company will send the notice to the address, electronic mail, and fax number provided by the retail natural gas supplier or governmental aggregator in its aggregation agreement.

Last updated September 19, 2023 at 1:42 PM

Supplemental Information

Authorized By: 4905.04, 4905.06, 4905.22, 4905.28, 4929.10, 4929.22
Amplifies: 4905.04, 4905.06, 4905.22, 4905.28, 4929.22, 4929.26, 4929.27
Five Year Review Date: 7/26/2026
Prior Effective Dates: 12/1/2014, 8/5/2021