Current through all regulations passed and filed through September 16, 2024
(A) Prior to
applying for certification from the commission, a governmental aggregator
seeking to form an opt-out aggregation shall complete all of the requirements
specified in divisions (A) to (C) of section
4928.20 of the Revised Code,
including adopting an ordinance or resolution authorizing an opt-out
aggregation, conducting a general or special election in accordance with
division (B) of section
4928.20 of the Revised Code for
authorization from electors to form the aggregation, and approving a plan for
operation and governance of the aggregation as specified by division (C) of
section 4928.20 of the Revised
Code.
(B) The operation and
governance plan adopted shall detail the services to be provided under the
aggregation and specify all customer rights and obligations under the
aggregation. The plan shall be sufficiently detailed to allow customers to
readily understand the services that the governmental aggregator is to provide
and to compare those services to similar services provided by competitive
suppliers. The governmental aggregator shall write the plan in clear and plain
language so that customers can easily understand it and, at a minimum, contain all of the following:
(1) A detailed description of services that
the governmental aggregator is to provide under the aggregation, noting whether
the service is to be provided directly by the governmental aggregator or by a
party contracted by the governmental aggregator.
(2) A description of the processes that the
governmental aggregator will use to determine the rates that will be charged,
including the applicable surcharge that may be charged to customers pursuant to
division (I) of section
4928.20 of the Revised
Code.
(3) A description of the
process that the governmental aggregator will use to notify customers if the
governmental aggregator chooses to implement division (J) of section
4928.20 of the Revised Code,
including a description of the potential impact on the customers in the
aggregation program.
(4) A detailed
description of the governmental aggregator's plan for providing the required
opt-out disclosure notices to customers. The plan shall describe the steps that
the governmental aggregator will take to ensure that all eligible customers
residing within the governmental aggregator's boundaries are notified. The plan
shall also identify the time frames associated with the opt-out disclosure
notice.
(5) A detailed description
of the process for developing the pool of customer accounts that will be
included in the aggregation, including the steps that the governmental
aggregator will take to identify and exclude from the pool customers who have
opted out of the aggregation and customers that are otherwise
ineligible.
(6) A detailed
description of the governmental aggregator's opt-out process and opt-out
methodologies. The process shall include provisions for customers to opt out,
including returning a postcard or similar notice to the governmental
aggregator. The process may include, in addition, other opt-out methods, such
as telephonic or internet notice, provided that these alternative methods allow
for verification of a customer's election to opt out of the
aggregation.
(7) A detailed
description of the customer classes that the governmental aggregator intends to
include in its aggregation pool.
(8) The governmental aggregator's plan for
billing customers, including an identification of billing intervals and the
identity of the entity that will transmit the bill to the customer.
(9) A listing of any credit or deposit
procedures and policies that the governmental aggregator will employ in the
event the customer fails to pay its bill(s).
(10) A detailed description of the
governmental aggregator's customer service procedures and dispute resolution
processes, including notice of the customer's right to contact the commission
and the commission's toll-free number and telephone number through which
hearing and speech impaired customers may contact the commission. These
procedures and processes shall comply with the requirements specified in rule
4901:1-21-08 of the
Administrative Code.
(11) A
detailed description of the policies associated with a customer moving into the
aggregation or within the aggregation where the electric utility considers the
customer that is moving to be a new customer. If the policies provide that
these customers will be automatically included in the aggregation, the
governmental aggregator shall provide the customer an opportunity to opt out of
the aggregation in accordance with the procedures set forth in rule
4901:1-21-17 of the
Administrative Code.
(12) A
detailed description of the policies associated with a customer moving within
the aggregation where the customer is not assigned a new account number by the
electric utility. A customer in these circumstances shall maintain the rate
that the customer was charged at its previous location or, if the rate at the
new location is higher than at the customer's previous location, the customer
shall have the opportunity to opt out of the aggregation without penalty,
pursuant to the procedures set forth in rule
4901:1-21-17 of the
Administrative Code.
(13) A
description of the governmental aggregator's policies regarding the ability of
a customer who has previously opted out of the aggregation to join the
aggregation, including identification of any associated conditions.
(C) A governmental aggregator
shall keep its operation and governance plan available for public inspection
and shall, upon request, provide a copy of the plan to any existing or
potential customer of the aggregation.
(D) A governmental aggregator shall not alter
its operation and governance plan in any way that materially affects the
customers of the aggregation without first providing notice to all affected
customers and providing these customers the opportunity to opt out of the
aggregation according to the procedures established for the initial opt- out
disclosure notice set forth in rule
4901:1-21-17 of the
Administrative Code. The notice shall set forth the changes to the plan, inform
the customer of its right to opt out of the aggregation without penalty, and
identify the method and time frame for the customer to opt out.
(E) Notwithstanding paragraph (D) of this
rule, if a governmental aggregator elects not to receive standby service from
the electric utility under an approved electric security plan during the term
of the governmental aggregation program pursuant to division (J) of section
4928.20 of the Revised Code, the
governmental aggregation shall not alter its governmental aggregation program
in a manner that would require conducting an additional opt-out for the
duration of its governmental aggregation program.
(F) No governmental aggregator shall send an
opt-out disclosure notice to potential customers of an aggregation prior to the
governmental aggregator being certified by the commission as a competitive
retail electric service provider.
(G) A governmental aggregator may choose to
have the CRES provider perform certain functions as the governmental
aggregator's agent. However, the governmental aggregator is still responsible
for ensuring that the requirements of this chapter are met.
