Current through all regulations passed and filed through September 16, 2024
(A) Prior to including a customer's electric
account or accounts in an aggregation, a governmental aggregator shall provide
each customer written notice that the customer's account(s) will be
automatically included in the aggregation unless the customer affirmatively
opts out of the aggregation. The notice, clearly marked from the outside
"important notice regarding your electric service" written in plain language,
shall, at a minimum, include:
(1) A summary of
the actions that the governmental entity took to authorize the
aggregation.
(2) A description of
the services that the governmental aggregator will provide under the
aggregation.
(3) Disclosure of the
price that the governmental aggregator will charge customers for electric
generation service. For fixed-rate contracts, the governmental aggregator shall
provide the price per kilowatt hour, and if applicable, for generation and
transmission service. If the governmental aggregator offers a variable rate,
the governmental aggregator shall provide an understandable description of the
factors that will cause the price to vary (including any associated indices)
and disclose how frequently the rate will change. If the governmental
aggregator charges different rates to different rate classes within the
aggregation, the governmental aggregator shall disclose the applicable rate(s)
to customers within each rate class.
(4) An itemized list and explanation of all
fees and charges that are not incorporated into the rates charged for
electricity generation that the governmental aggregator will charge to the
customer for participating in the aggregation, including any early termination
penalties and any surcharges, or portions thereof, that may be assessed
pursuant to division (I) of section
4928.20 of the Revised Code. The
early termination penalties shall not apply to a customer that moves out of the
governmental aggregator's territory.
(5) Disclosure of the dates covered by the
governmental aggregation program, including an estimated service commencement
date, and notice that the customer may opt out of the aggregation at least
every three years without penalty.
(6) A statement informing customers that
choose to opt out of the governmental aggregation program prior to the
commencement of the governmental aggregation program that they will be served
by the standard service offer established pursuant to section
4928.14 of the Revised Code or
until the customer chooses an alternative supplier of electric
service.
(7) A statement informing
customers that, if they switch back to (name of electric utility), they may not
be served under the same rates, terms, and conditions that apply to other
customers served by the electric utility.
(8) If the 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, a
statement informing customers that any customer returning to the electric
utility after the commencement of the governmental aggregation program will pay
the market price of power incurred by the electric utility to serve that
consumer plus the amount attributable to the electric utility's compliance with
the alternative energy resource provisions of section
4928.64 of the Revised Code,
unless such customer becomes ineligible pursuant to paragraph (E)(1)(a) or
(E)(1)(g) of this rule, or any customer who moves within the aggregation
boundaries where the electric utility considers the customer that is moving to
be a new customer.
(9) Disclosure
of any credit and/or deposit policies and requirements.
(10) Disclosure of any limitations or
conditions on customer acceptance into the aggregation.
(11) A description of the process and
associated time period for customers to opt out of the aggregation. The process
shall include provisions for customers to return a postcard or similar notice
to the governmental aggregator or its agent. 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. The time period for a customer to
choose to opt out of the aggregation shall extend at least twenty- one days
from the date of the postmark on the written notice. If a customer's return
postcard or notice is postmarked before the opt-out deadline has elapsed, the
customer shall be deemed to have opted out of the aggregation.
(12) A local or toll-free telephone number,
with the available calling hours, that customers may call with questions
regarding the formation or operation of the aggregation.
(B) At least every three years from the
establishment of its governmental aggregation program, a governmental
aggregator shall provide notice to all customers served by the governmental
aggregation of their right to opt out of the aggregation and take service
pursuant to the electric utility's standard service offer without penalty. This
notice shall follow the procedures established for the initial opt-out notice
set forth in this rule and
prominently disclose to customers all changes to the terms and conditions
associated with the aggregation. The governmental aggregator shall not send an
opt-out notice to the same customer account during the period covered by the
aggregation where such customer account has previously opted out.
(C) No governmental aggregator or electric
services company serving a governmental aggregation may impose any terms,
conditions, fees, or charges on any customer served by a governmental
aggregation unless the particular term, condition, fee, or charge was clearly
disclosed to customers at the time the customer chose not to opt out of the
aggregation.
(D) List of eligible
governmental aggregation customers.
(1) To
assist in the preparation and dissemination of required opt-out notices, a
governmental aggregator that is certified by the commission shall request that
an electric utility provide, for all customers residing within the governmental
aggregator's boundaries, including those customers who have opted off the pre-
enrollment list, the following information:
(a) An updated list of names, addresses,
account numbers, rate codes, percentage of income payment plan codes, load
data, and other related customer information, consistent with the information
that is provided to other CRES providers.
(b) An identification of customers who are
currently in contract with an electric services company or in a special
arrangement with the electric utility.
(c) On a best efforts basis, an
identification of mercantile customers.
(2) The governmental aggregator shall use the
list of eligible aggregation customers to distribute its opt-out notices within
thirty calendar days of the date the list is received from the electric
utility.
(3) The governmental
aggregator shall remove from its list of eligible aggregation customers the
accounts of customers who appear on the commission's "do not aggregate" list
sixty calendar days prior to the distribution of its opt-out notice.
(4) The governmental aggregator shall not,
without the customer's consent or an appropriate order, disclose or use for any
purpose, other than formation and operation of its aggregation, a customer's
account number, social security number, or any information regarding customers
who opted off of an electric utility's pre-enrollment list. Before a
governmental aggregator releases any customer account number, service delivery
identification number, or any information related to a customer who has opted
off of an electric utility's pre- enrollment list for any purpose other than
those specified in this rule, unless the release is pursuant to a court or
commission order, the governmental aggregator shall obtain the customer's
written consent or electronic authorization. Before a governmental aggregator
releases a customer's social security number for any purpose other than those
specified in this rule, unless the release is pursuant to a court order, the
governmental aggregator shall obtain the signature of the customer on a written
release. The release shall be on a separate form and
be clearly identified on its face as a release of personal
information, with all text appearing on the release
being in at least sixteen-point type. The following
statement shall appear prominently on the release, just prior to the signature,
in type darker and larger than the type in surrounding sentences: "I realize
that under the rules and regulations of the public utilities commission of
Ohio, I may refuse to allow (name of aggregator) to release the information set
forth above. By my signature, I freely give (name of aggregator) permission to
release the information designated above." The information that the
governmental aggregator seeks to release shall be specified on the form. Forms
requiring a customer to circle or to check off preprinted types of information
to be released may not be used.
(E) Notice of governmental aggregation and
opt-out notice.
(1) Each governmental
aggregator shall ensure that only eligible customers are included in its
aggregation. For purposes of this rule, the following customers are not
eligible and shall not be included in an aggregation:
(a) A customer that is not located within the
governmental aggregator's boundaries.
(b) A customer who appears on the
commission's "do not aggregate" list.
(c) A customer that has opted out of the
aggregation.
(d) A customer in
contract with a certified electric services company other than the current
supplier of the governmental aggregation.
(e) A customer that has a special arrangement
with the electric utility.
(f) A
mercantile customer that has not provided affirmative consent to join the
aggregation.
(g) A customer who
enrolls in the percentage of income payment plan pursuant to section
4928.52 of the Revised
Code.
(2) If accounts of
customers who appear on the commission's "do not aggregate" list, accounts from
outside the governmental aggregator's governmental boundaries, accounts of
customers who have opted out of the aggregation, accounts of customers in
contract with an electric services company, accounts of customers with a
special arrangement under Chapter 4901:1-38 of the Administrative Code, or
accounts of mercantile customers who did not opt into the governmental
aggregation are switched to the governmental aggregation, the governmental
aggregator shall promptly inform the customer and take all necessary actions to
have the customer switched back to the customer's former service provider. In
addition, if the customer's former rate was less than the rate charged by the
governmental aggregator, then the governmental aggregator shall reimburse the
customer the difference between the customer's former rate and the governmental
aggregator's rate multiplied by the customer's usage during the time that the
customer was served by the governmental aggregator.
(3) If a customer is enrolled in a
governmental aggregation program at the time the customer first appears on the
"do not aggregate" list, the governmental aggregator shall remove the customer
from the governmental aggregation program at the next opt-out opportunity that
is available to the customer under section
4928.20 of the Revised
Code.
(4) If a mercantile customer
was enrolled in an opt-out governmental aggregation program that the mercantile
customer subsequently became ineligible for, the governmental aggregator shall
remove the mercantile customer from the governmental aggregation program at the
next opt-out opportunity that is available to the customer under section
4928.20 of the Revised Code
unless that mercantile customer affirmatively consents to remain in the
governmental aggregation program.
(F) The governmental aggregator shall docket
with the commission's docketing division the final opt-out and any supplemental
opt-outs no more than thirty days but no less than ten days prior to sending
the opt-outs to customers. The notice to the commission shall include the
beginning and ending dates of the twenty-one day opt-out period and the
identification of the selected CRES provider.
(G) Upon its election for its customers to
not receive standby service from the electric utility pursuant to the electric
utility's approved electric security plan for those customers who return to the
electric utility during the governmental aggregation program, a governmental
aggregator shall file written notice with the commission and the electric
utility. Such notice shall explain the process that the governmental aggregator
will use to notify customers, including a description of the potential impact
on customers in the aggregation program.
