Current through all regulations passed and filed through March 18, 2024
(A) During the processing of the application,
the commission may dismiss any application which does not substantially comply
with the filing requirements of this rule.
(B) Notice of intent.
The applicant shall notify the commission staff by letter
addressed to the directors of the rates and analysis department and the service
monitoring and enforcement department of its intent to file an application at
least thirty calendar days prior to the expected date of filing.
(C) Form of an application.
(1) An exit-the-merchant-function application
must be supported by direct testimony.
(2) All direct testimony and exhibits
supporting the application shall be filed with the application, unless the
application is being filed in conjunction with an application for an increase
in rates under section
4909.18 of the Revised Code, in
which case the direct testimony and exhibits
may be filed
within fourteen days of the filing of the application.
(3) The applicant shall provide a copy of its
application and supporting testimony to the office of the consumers' counsel
and each party of record in its previous exemption proceeding. Such copies may
be provided either in hard copy or by electronic service.
(4)
The applicant shall provide or cause to be provided a copy of the application
to any person upon request. Such copies may be provided either in hard copy or
by electronic service if electronic
service is feasible and the requestor consents to electronic service.
(5)
Exit-the-merchant-function
applications
are designated by the commission's
docketing division using the acronym EMF.
(D) Exhibits to an exit-the-merchant-function
application.
(1) The applicant shall
demonstrate that the retail natural gas suppliers providing default commodity
sales service to the natural gas company's choice-eligible customers have done
so reliably for at least two consecutive heating seasons through a competitive
procurement process.
(2) The
applicant shall provide details of the proposed assignment and transfer of
choice-eligible customers to retail natural gas suppliers for default commodity
sales service.
(3) The applicant
shall provide an accounting of the costs to implement the
exit-the-merchant-function plan.
(4) The applicant shall provide a plan for
customer education regarding the exit-the-merchant-function plan, which shall
include efforts to encourage customers to choose retail natural gas suppliers
before the company fully exits the merchant function.
(5) The applicant shall demonstrate that the
application satisfies section
4929.04 of the Revised Code, and
is just and reasonable.
(E) The applicant may request recovery of its
reasonable costs of exiting the merchant function.
(F) The commission shall order such
procedures as it deems necessary, consistent with these rules, in its
consideration of an application to exit the merchant function.
(G) Review of the application.
(1)
It is the applicant's burden to show that the application satisfies
paragraph (D)(5) of this
rule.
(2) Any party opposing
an exit-the-merchant-function plan may present evidence to the commission that
the application to exit the merchant function does not meet the criteria in
paragraph (D)(5) of this rule.
(3)
If the commission finds that the applicant has failed to meet the criteria in
paragraph (D)(5) of this rule, no exit from the merchant function shall be
granted.
