Current through all regulations passed and filed through September 16, 2024
(A) All competitive retail electric service
(CRES) provider customer contracts shall include, but not be limited to, the
following information:
(1)
If applicable,
a notification that the electric utility may charge switching fees to the
customer.
(2) A notification that
the customer has the right to request from the CRES provider, twice within a
twelve-month period, up to twenty-four months of the
customer's payment history without charge.
(B) All CRES provider contracts with
residential and small commercial customers shall include, but not be limited
to, the following information (to be stated in clear and understandable
language):
(1) The CRES provider's name,
mailing address, internet address (if applicable),
and a toll-free telephone number (with hours of operation and
time-zone reference) for customer contacts.
(2) The services to be provided by the CRES
provider and those to be provided by the electric utility, including which
entity will bill for those services.
(3) The number of days a customer has to
cancel such contract without penalty and the methods for customers to make such
cancellation by contacting the electric utility (orally, electronically, and in
writing).
(4) The respective
policies, procedures, and any penalties for contract termination by the CRES
provider and by the customer after the cancellation period.
(5) A notification that the CRES provider may
terminate the contract on at least fourteen calendar days written notice should
the customer fail to pay the bill or fail to meet any agreed-upon payment
arrangements.
(6) The customer's
right to terminate the contract without penalty in one of the following
circumstances:
(a) If the customer moves
outside the CRES provider's service area or into an area where the CRES
provider charges a different price.
(b) If the contract allows the CRES provider
to terminate the contract for any reason other than the customer's failure to
pay or the occurrence of a force majeure event, including but not limited to, a
change in any governing law or regulation that physically prevents or legally
prohibits the CRES provider from performing under the terms of the
contract.
(7) An
itemized list and explanation of all prices and all fees associated with the service such that:
(a) For fixed-rate offers, such information
shall, at minimum, include the cost per kilowatt hour for generation
service, and, if applicable, transmission
service.
(b)
For per cent-off discounted rates, an explanation of
the discount and the basis on which any discount is calculated.
(c)
For variable-rate offers, either of the following
options:
(i)
A clear and understandable formula, based on publicly
available indices or data that the CRES provider will use to determine the rate
that will be charged. In the event that the CRES provider chooses to follow
this option, the indices or data on which the price is based must be clearly
identified in the contract terms and conditions.
(ii)
A clear and
understandable explanation of the factors that will cause the price to vary
including any related indices and how often the price can change. In the event
that the CRES provider chooses to follow this option, no early termination fee
may be charged.
(d)
For offers based
upon kilowatt hours, the unit price per kilowatt hour.
(e)
For flat-monthly
rate offers, a specific listing of the rate to be charged per month for the
duration of the contract.
(8)
The amount of
any other recurring or nonrecurring CRES provider charges and a statement that
the customer will incur additional service and delivery charges from the
electric utility.
(9) The terms and
conditions of service, including any restrictions, limitations, contingencies,
or conditions precedent associated with the service or product offered.
(10)
Procedures for handling complaints and disputes, including the following
statement:
"If your complaint is not resolved after you have called your
electric supplier and/or your electric utility, or for general utility
information, residential and business customers may contact the public
utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll
free) from eight a.m. to five p.m. weekdays, or at
http://www.puco.ohio.gov.
Hearing or speech impaired customers may contact the
PUCO via 7-1-1 (Ohio relay service)."
(11) The Ohio
consumers' counsel (OCC) represents residential utility customers in matters
before the PUCO. The OCC can be contacted at 1-877-742-5622 (toll free) from
eight a.m. to five p.m. weekdays, or at http://www.pickocc.org."
(12)
Billing intervals and any late payment fees.
(13) Contract
duration, including the estimated starting and expiration dates and a
commitment that service shall begin with the next available meter reading after
processing of the request by the electric utility and the CRES
provider;
(14) If the contract contains an automatic renewal
provision and the terms of such provision do not require the customer's
affirmative consent, a conspicuous, highlighted statement indicating that the
CRES provider can renew this contract without the customer's affirmative
consent even when there is a change in the rate or other terms and
conditions.
(15) Any credit, deposit, and collection procedures,
including terms and conditions associated with the return of any deposit at the
time of contract termination.
(16) For generation
service contracts, an incorporation by reference of information (accompanying
the contract) regarding the approximate generation resource mix and
environmental characteristics of the power supplies.
(17) Who will bill
for the CRES provider's service(s).
(18) A notification
that the CRES provider is prohibited from disclosing a customer's social
security number and/or account number(s) without the customer's consent except
for the CRES provider's own collections and credit reporting, participation in
programs funded by the universal service fund pursuant to section
4928.52 of the Revised Code, or
assigning a customer contract to another CRES provider.
(19)
A statement informing customers that if they switch back to (name of electric
utility) they may or may not be served under the same rates, terms, and
conditions that apply to other customers served by the electric
utility.
(20) A statement indicating to the customer whether
the CRES provider offers budget billing for the generation portion of the
bill.
(21) A statement informing customers that the failure
to pay electric utility charges may result in the customer being disconnected
in accordance with the electric utility tariff.
(22)
If, due to a
change in market conditions, the CRES provider wishes to lower the price per
kilowatt hour charged to the customer under an existing contract, it may do so
without consent provided there are no other changes to the terms and conditions
to the contract.