Current through all regulations passed and filed through March 18, 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. Such notice shall include:
(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, and provide copies to
staff within
three business days of request.
(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), the front cover of which shall
state: "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 shall 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 must 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. The front
cover of such mailing shall contain 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.