Current through all regulations passed and filed through September 16, 2024
(A) Competitive retail electric service
(CRES) providers, except automatic governmental aggregation pursuant to
division (A) of section
4928.20 of the Revised Code, and
percentage of income payment plan customers for whom the Ohio development
services agency procures electric services pursuant to section
4928.52 of the Revised Code,
shall arrange for the provision of competitive retail electric service by
contracting with their customers. In their administration of such contracts,
CRES providers are prohibited from engaging in unfair, deceptive, misleading,
and unconscionable acts and practices.
(B) CRES providers shall arrange for the
provision of CRES to residential and small commercial customers in compliance
with rule
4901:1-21-06 of the
Administrative Code.
(C) CRES
providers shall maintain copies of individual customer contracts for no less
than two years after each such contract terminates. Copies may be saved in
electronic formats if such preserves the image of the original signatures on
signed documents.
(D) In its
administration of residential and small commercial contracts, a CRES provider
shall also comply with the following requirements:
(1) A CRES provider shall not assign customer
contract(s) to another CRES provider without:
(a) Providing a minimum of fourteen calendar
days written notice to the director of the service monitoring and enforcement
department or the director's designee and any affected electric utility before
the contract assignment, with such notice
including:
(i) The name of the CRES provider to whom the
contracts will be assigned.
(ii)
The type of contracts to be assigned (i.e., residential, small
commercial).
(iii) The number of
contracts to be assigned.
(iv) The
electric utility service territories involved.
(v) The date of the proposed
assignment.
(vi) A copy of the
customer notification.
(b) Providing written notice to the customer
prior to the customer's next bill that includes a statement that following the
assignment the customer's service will continue under the same rates, terms,
and conditions established under the original contract and includes the new
CRES provider's name, toll-free number, and address.
(2) When assigned a contract previously
administered by another CRES provider, the CRES provider to whom the contract
is assigned shall comply with all terms and conditions in effect for the
contract before the assignment occurred.
(3) A CRES provider shall comply in a timely
manner with all valid notices from customers to cancel or terminate the
contract as provided for by the contract and by these rules.
(4) A CRES provider shall assign a number to
each version of its standard contract form (including changes in contract
price), retain such forms for no less than two years.
(E) Residential and small commercial
customers shall have the right to rescind their contracts, within seven
calendar days following the postmark date on the electric utility's
confirmation notice:
(1) By calling the
electric utility at the designated local or toll-free number
(2) By written notice to the electric
utility, which is effective as of the date of the postmark.
(F) Contract renewals
(1) The provisions of this paragraph apply to
residential and small commercial contracts that contain automatic renewal
clauses except those which renew on a month-to-month basis.
(2) For contracts that contain an early
termination or cancellation option with no fee for early termination or
cancellation, upon renewal, the CRES provider shall, in a separate notice,
notify customers of such expiration at least forty-five calendar days, but not
more than ninety calendar days, in advance of the contract expiration date.
Such notice shall accurately describe or highlight any changes and state that
the customer contract will renew at the specified rate unless the customer
affirmatively cancels the contract. Such notices must clearly and accurately
describe the manner in which the customer may cancel the contract and the time
during which the customer must act to cancel the contract.
(a) The notice shall be made by separate
mailing (envelope or postcard), with the front
cover
stating: "Important notice regarding your
electric service contract."
(b) The
notice shall, at a minimum, state any renewal period and how the customer may
terminate, renew, and/or extend the contract.
(c) The renewal period for contracts with
renewal provisions shall not exceed the initial contract period.
(3) For contract renewals that
contain an early termination or cancellation option with a fee of twenty-five
dollars or less for early termination or cancellation, upon renewal, the CRES
provider shall provide the customer with two separate notices that accurately
describe or highlight any changes and state that the customer contract will
renew at the specified rate unless the customer affirmatively cancels the
contract. Such notices must clearly and accurately describe in understandable
language the manner in which the customer may cancel the contract and the time
during which the customer must act to cancel the contract. The first notice
shall be in writing in accordance with the requirements of this rule and
be provided at least forty-five
calendar days, but no more than ninety calendar days in advance of the contract
expiration date. The second notice may be in writing in accordance with
paragraphs (F)(2)(a) to (F)(2)(c) of this rule, by telephone, by a notice on
the customer's monthly bill, or by electronic mail. The second notice shall be
provided at least thirty- five calendar days in advance of the contract
expiration and contain the rate at
which the customer contract will renew, or in the case of a variable rate, the
applicable formula.
(a) In the event that the
CRES provider provides the second notice by telephone, the CRES provider or
opt-in governmental aggregator must confirm that the customer of record is on
the line, clearly explain both the new contract price and the manner in which
the customer may cancel the contract, record the entire conversation, and
retain such recording in a manner consistent with rule
4901:1-21-06 of the
Administrative Code.
(b) In the
event that the CRES provider provides the second notice on the customer's
monthly bill, such notice must be in a different color, highlighted, or
otherwise differentiated from the remainder of the bill.
(c) In the event that the CRES provider
provides the second notice by electronic mail, the notice must:
(i) State "Important notice regarding your
electric service contract" in the subject area of the message.
(ii) Be from an electronic mail address that
is readily identifiable as the CRES provider.
(iii) Includes a mechanism by which both the
submission and receipt of the renewal notice is recorded by date and
time.
(d) This paragraph
shall not apply to contract renewals which renew on a month- to-month
basis.
(4) For contract
renewals that contain an early termination or cancellation option with a fee
greater than twenty-five dollars for early termination or cancellation or which
contain no option for early termination or cancellation, upon renewal, the CRES
provider shall notify the customer of any changes, describe or highlight each
change, and also obtain the customer's affirmative consent to such changes
pursuant to any of the enrollment procedures established in rule
4901:1-21-06 of the
Administrative Code. In addition, the CRES provider shall notify the customer
that no response will result in the customer automatically reverting to the
electric utility unless the customer chooses another CRES provider. The notice
shall be provided at least forty-five calendar days, but not more than ninety
calendar days in advance of the contract expiration date, and comply with
paragraphs (F)(2)(a) to (F)(2)(c) of this rule. This paragraph shall not apply
to contract renewals which renew on a month-to-month basis.
(G) The CRES provider shall
furnish written notice to residential and small commercial customers of pending
contract expiration between forty-five and ninety calendar days before the
contract expires. Such notice shall be made by separate mailing (envelope or
postcard), or by conspicuously placed bill message or bill insert, with the
front cover of such mailing
containing the following statement: "Important
notice regarding your electric service contract's expiration." This notice may
be combined with a renewal notice specified in paragraph (F) of this rule. This
paragraph does not apply to the expiration of contract periods of one month or
less.
If the contract does not contain an automatic renewal clause,
the notice shall include a statement that the customer will automatically
default to the electric utility's standard offer service if the customer does
not re-enroll with the current CRES provider or enroll with another CRES
provider.
(H) In instances
where the customer and the CRES provider agree to a material change to an
existing contract, the CRES provider shall obtain proof of consent and provide
details of the revised contract terms and conditions as delineated in paragraph
(D) of rule
4901:1-21-06 of the
Administrative Code.
(I) No CRES
provider contract shall limit a residential or small commercial customer's
right to make formal or informal complaints to the commission. A CRES provider
shall not require a residential or small commercial customer as part of the
terms of service to engage in alternative dispute resolution.
