(A) The retail natural gas supplier and
governmental aggregator shall coordinate customer enrollment with the incumbent
natural gas company in accordance with the procedures set forth in this
chapter.
(B) A retail natural gas supplier and
governmental aggregator needs consent to enroll potential customers and proof
of that consent as delineated in paragraphs (C), (D), and (E) of this rule.
This requirement does not apply to opt-out governmental aggregation and for the
percentage of income payment program.
(C) A retail natural gas supplier or
governmental aggregator is prohibited from enrolling a potential customer that
has failed to discharge, or enter into a plan to discharge, all existing
arrearages owed to or being billed by the incumbent natural gas company
including those customers enrolled in the percentage of income payment plan
plus program (PIPP plus).
(D) Mailings, facsimiles, and direct
enrollment
(1) Where enrollment
occurs by mail, facsimile, or direct solicitation, the customer's
signature on a contract constitutes consent.
(2) Consistent with rule
4901:1-29-05 of the Administrative Code, prior to entering into a contract for
service, a retail natural gas supplier or governmental aggregator shall provide
each customer with enrollment documents that contain, at a minimum, clear and
understandable pricing, terms and conditions of service, the dollar amount of
all recurring and nonrecurring charges (including any fees for early
termination of the contract), and the duration of the contract.
(3) Before obtaining a
signature from the applicant, a retail natural gas supplier or governmental
aggregator shall provide each customer a reasonable opportunity to read all
enrollment documents and shall answer any and all questions posed by any
applicant about information contained in the documents.
(4) Immediately upon
obtaining the customer's signature, a retail natural gas supplier and
governmental aggregator shall provide the applicant a legible copy of the
signed contract, unless the retail natural gas supplier or governmental
aggregator has already provided the customer with a separate, complete copy of
the terms and conditions for the customer's records and the retail natural
gas supplier or governmental aggregator has complied with paragraph (C) of rule
4901:1-29-10 of the Administrative Code.
(5) Where enrollment
occurs by direct solicitation, customers shall be advised both verbally and in
the contract that:
(a) The incumbent natural gas company will be sending a
confirmation notice of the transfer of service.
(b) The customer is allowed a seven-business-day period from the
confirmation notice postmark date to rescind the enrollment.
(c) The customer must contact the incumbent natural gas company
to rescind the enrollment.
(6) Direct enrollment of
a residential or small commercial customer door-to-door by a retail natural gas
supplier or governmental aggregator must comply with the following minimum
requirements:
(a) Acknowledgment forms
A retail natural gas supplier or governmental
aggregator enrolling customers through door-to-door solicitation shall have the
customer execute an acknowledgement form as part of and at the time of the
door-to-door enrollment process. The acknowledgment form shall include, at a
minimum, the following statements or questions:
(i) Did the
representative state he/she was representing a [retail natural gas supplier or
governmental aggregator] and was not from the natural gas company?
(ii) Did the
representative explain that by signing the enrollment form you were entering
into an agreement/contract for [retail natural gas supplier or governmental
aggregator] to supply your natural gas?
(iii) Did the
representative explain the price for natural gas under the contract you signed
is _____ dollars per [Ccf or Mcf, whichever is consistent with the incumbent
natural gas company's billing format] plus sales tax?
(iv) Did the
representative explain that the contract term is ____ year(s)?
(v) Did the
representative explain your right to cancel?
(vi) Did the
representative leave two completed right to cancel notices with
you?
(vii) Did the
representative disclose whether or not an early termination liability fee would
apply if you cancel the contract before the expiration of the contract term? If
such a fee does apply to your contract, did the representative disclose the
amount of the fee?
(b) Third-party verification
A retail natural gas supplier or governmental
aggregator enrolling customers through door-to-door solicitation shall provide
for an independent third-party verification to ensure the validity of
enrollment prior to submission to the incumbent natural gas company and shall
not initiate enrollment with the incumbent natural gas company without a valid
independent third-party verification. The independent third-party verification
shall be conducted in accordance with paragraph (E)(1) of rule 4901:1-29-06 of
the Administrative Code and the process shall include the following:
(i) The representative of
the retail natural gas supplier or governmental aggregator shall contact the
independent third-party verifier at the conclusion of customer enrollment to
initiate the independent third-party verification process.
(ii) The independent
third-party verifier must confirm with the customer that the representative of
the retail natural gas supplier or governmental aggregator has left the
property of the customer. The representative of the retail natural gas supplier
or governmental aggregator is not to return before, during, or after the
independent third-party verification process.
(iii) The independent
third-party verifier shall structure the independent third-party verification
interview to give the customer adequate time to respond to questions and shall
not prompt answers from the customer in their response.
(iv) The retail natural
gas supplier or governmental aggregator must retain the audio recording of the
customer's enrollment for one year after the contract with the customer is
terminated.
(v) The retail natural
gas supplier or governmental aggregator must provide a copy of the independent
third-party verification to the incumbent natural gas company or the staff
within three business days of any such request.
(c) Terms and conditions print specifications
The terms and conditions must be provided to
the residential customer at the time of sale. Paper copies of the terms and
conditions must be printed in dark ink on white or pastel paper and be
ten-point type or greater. Electronic copies of the signed contract may be
provided in the following conditions:
(i) The customer has
agreed to receive an electronic copy of the contract and provides his/her
electronic mail address.
(ii) The third-party
verification conducted in accordance with paragraph (D)(6)(b) of this rule
shall include a verbal statement and the customer's acknowledgment that
the customer consents to receive a copy of the terms and conditions via
electronic mail.
(iii) The customer is
offered an unsigned paper copy which includes a version number that matches the
signed electronic copy.
(iv) The terms and
conditions are electronically mailed to the customer at the time of
sale.
(v) The retail natural
gas supplier shall provide a mechanism by which both the submission and receipt
of the electronic terms and conditions are recorded by time and
date.
(d) Retail natural gas suppliers or governmental aggregators
shall remove a customer's name from the marketing/sales database upon the
customer's request.
(7) The retail natural
gas supplier and governmental aggregator shall send an electronic enrollment
request to the incumbent natural gas company within three business days
following receipt of the contract executed by the customer, unless a later
enrollment transmittal date is agreed to in the contract by the customer or if
the customer rescinds the enrollment.
(E) Telephonic enrollment
(1) To enroll a customer
telephonically, a retail natural gas supplier or governmental aggregator, shall
make a date- and time-stamped audio recording of the sales portion of the call,
if the customer is enrolled, and before the completion of the enrollment
process, a date- and time- stamped audio recording by an independent
third-party verifier that verifies, at a minimum, the following:
(a) The retail natural gas supplier, governmental aggregator, or
the independent third-party verifier identity and the exact purpose of the
call.
(b) A verbal statement and the customer's acknowledgement
that the call is being recorded.
(c) A verbal statement and customer's acknowledgement that
the retail natural gas supplier or governmental aggregator is not the
customer's natural gas company and that the customer may choose to remain
with the natural gas company's applicable tariff or default
service.
(d) A verbal question and the customer's acknowledgement
that the customer has given consent to enroll with the retail natural gas
supplier or governmental aggregator.
(e) A verbal question and the customer's acknowledgement
that the customer is the customer of record or is authorized to switch the
retail natural gas supplier or governmental aggregator for the customer of
record.
(f) In accordance with rule 4901:1-29-11 of the Administrative
Code, a verbal statement and the customer's acceptance of each of the
principal terms and conditions for the service that will be provided,
including, but not limited to:
(i) The service(s) that
will be provided.
(ii) The price per Ccf or
Mcf, whichever is consistent with the incumbent natural gas company's
billing format if the product is based on a per-unit price, or for flat-monthly
rate offers, a specific listing of the rate to be charged per month for the
duration of the contract.
(iii) The length of the
contract term.
(iv) An approximate
service commencement date.
(v) The contract
termination date, and any fees for customer cancellation prior to such
date.
(vi) Any material
limitations, conditions, or exclusions.
(vii) Any fees or costs
to the customer.
(viii) If applicable,
whether the retail natural gas supplier or governmental aggregator will perform
a credit check and require a deposit, including the amount.
(ix) Who will bill for
the retail natural gas supplier's and governmental aggregator's
service(s).
(x) The enrollment
confirmation number.
(g) A verbal statement and the customer's acknowledgement
that the retail natural gas supplier or governmental aggregator will, within
one business day, send the customer a written contract that details the terms
and conditions that were summarized in the telephone call.
(h) Customers are advised both verbally and in the contract of
all of the following:
(i) The incumbent natural
gas company will be sending a confirmation notice of the transfer of
service.
(ii) The customer is
allowed a seven-business-day period from the confirmation notice postmark date
to rescind the enrollment.
(iii) The customer should
contact the incumbent natural gas company to rescind the
enrollment.
(i) The incumbent natural gas company's toll-free or local
telephone number that the customer can call to rescind the
enrollment.
(j) A verbal request for and the customer's provision of the
customer's natural gas company's account number.
(k) A verbal request for and the customer's provision of the
customer's mailing address.
(2) Following telephonic
enrollment, the retail natural gas supplier or governmental aggregator
shall:
(a) Within one business day, send the customer a written contract
that details the terms and conditions summarized in the telephone call pursuant
to rule 4901:1-29-11 of the Administrative Code. Such contract shall in no way
alter the terms and conditions to which the customer agreed in the telephone
call.
(b) Retain the audio recording of the customer's enrollment
for one year after the contract with the customer is terminated.
(c) Provide a copy of the audio recording to the commission or
its staff within three business days of a request.
(3) The retail natural
gas supplier or governmental aggregator shall not initiate enrollment with the
incumbent natural gas company prior to the completion of the enrollment
transaction with the customer.
(4) The retail natural
gas supplier or governmental aggregator shall send an electronic enrollment
request to the incumbent natural gas company within three business days after
sending the customer the written contract, unless a later enrollment
transmittal date is agreed to in the contract by the customer or if the
customer rescinds the enrollment.
(F) Internet enrollment
(1) Where enrollment
occurs by internet, prior consent shall be obtained by encrypted customer input
on a retail natural gas supplier's or governmental aggregator's
internet website.
(2) The internet
enrollment website shall, at a minimum, include:
(a) A copy of the retail natural gas supplier's or
governmental aggregator's customer contract with all terms and conditions
as required by rule 4901:1-29-11 of the Administrative Code.
(b) A statement advising customers both at the website and in the
contract that:
(i) The incumbent natural
gas company will be sending a confirmation notice of the transfer of
service.
(ii) The customer is
allowed a seven-business-day period from the confirmation notice postmark date
to rescind the enrollment.
(iii) The customer should
contact the incumbent natural gas company to rescind the
enrollment.
(c) A prompt for the customer to print or save a copy of the
contract.
(3) The retail natural
gas supplier or governmental aggregator shall not initiate enrollment with the
incumbent natural gas company prior to the completion of the enrollment
transaction with the customer.
(4) The retail natural
gas supplier or governmental aggregator shall send an electronic enrollment
request to the incumbent natural gas company within three business days
following the completion of the enrollment transaction with the customer,
unless a later enrollment transmittal date is specified and agreed to in the
contract by the customer or if the customer rescinds the
enrollment.
(5) Any electronic
version of the contract shall be identified by version number, in order to
ensure the ability to verify the particular contract to which the customer
agrees.
(6) Throughout the
duration of the contract, the retail natural gas supplier or governmental
aggregator shall retain and, within three business days of the customer's
request, provide to the customer an electronic mail message, paper, or
facsimile copy of the terms and conditions of the numbered contract version to
which the customer contracted.
(7) The retail natural
gas supplier or governmental aggregator shall require the customer to complete
an electronic customer consent form in a format retrievable by the retail
natural gas supplier or governmental aggregator that includes:
(a) The customer's agreement to the terms and
conditions.
(b) An electronic agreement version number.
(c) The name of the retail natural gas supplier or governmental
aggregator.
(d) The date the customer electronically enrolled.
(e) The name of the account holder.
(f) The incumbent natural gas company account
number.
(g) The account holder's U.S. mailing address.
(8) The retail natural
gas supplier or governmental aggregator shall provide a mechanism by which both
the submission and receipt of the electronic customer consent form are recorded
by time and date.
(9) After the customer
completes the electronic customer consent form, the internet enrollment process
shall disclose conspicuously that the customer has been enrolled and the retail
natural gas supplier or governmental aggregator shall provide the customer an
enrollment confirmation number.
(G) In customer enrollment, if the
incumbent natural gas company rejects a customer from enrollment, the retail
natural gas supplier or governmental aggregator shall notify the customer
within three business days from the incumbent natural gas company's
notification of rejection that the customer will not be enrolled or enrollment
will be delayed, along with the reason(s).
(H) Customers may request an actual meter reading prior to
the transfer of the service to the new retail natural gas supplier or
governmental aggregator in accordance with paragraph (G)(5) of rule
4901:1-13-04 of the Administrative Code.
(I) Customers returning to the incumbent natural gas
company's commodity service:
(1) Any customer
returning to the incumbent 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 the incumbent natural gas
company's commodity sales service.
(3) Customers
participating in an opt-out governmental aggregation program will not be
charged a switching fee upon returning to regulated sales service due to either
termination of the aggregation or the aggregator switching
suppliers.
(4) Any customer returned
to the incumbent natural gas company's commodity service shall pay the
applicable regulated sales service rate while taking such service.
(5) 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 incumbent natural gas company shall mail the customer a notice
stating:
(a) The incumbent natural gas company has received a request to
drop the customer from competitive retail natural gas service 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.
(J) In an instance where the customer and retail natural
gas supplier or governmental aggregator agree to a material change to an
existing contract, the retail natural gas supplier or governmental aggregator
shall obtain proof of the customer's consent to the material change as
delineated in paragraphs (D), (E), and (F) of this rule and in accordance with
the applicable enrollment process for that customer.
