Ohio Administrative Code
Title 4901:1 - Utilities
Chapter 4901:1-13 - Gas Companies
Section 4901:1-13-08 - Standards specific to the provision of small commercial gas service
Universal Citation: OH Admin Code 4901:1-13-08
Current through all regulations passed and filed through September 16, 2024
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.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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