Current through all regulations passed and filed through August 26, 2022
(A)
A competitive
retail electric service (CRES) provider shall not transfer its certificate to
any person without prior commission approval.
(1)
A CRES provider
may apply for commission approval to transfer its certificate by filing a
certificate transfer application.
(2)
A transfer
application shall be automatically approved on the thirty-first day after
filing, unless the commission acts to suspend or reject the
application.
(B)
A CRES provider shall not abandon the service(s) it
provides under a certificate without filing an abandonment application and
without commission approval. The CRES provider shall fulfill the terms of all
existing contracts with customers or assign such contracts to another CRES
provider prior to abandoning service.
(1)
Abandonment
applications shall be filed at least ninety calendar days prior to the
effective date on which the CRES provider will cease providing service. The
application shall include copies of any notices provided pursuant to paragraphs
(B)(2), (B)(3), and (B)(4) of this rule.
(2)
At least ninety
calendar days prior to abandoning service, a CRES provider shall provide
written notice to each electric utility in whose certified territory the CRES
provider operates of its intent to cease providing service. That notice shall
reflect that the CRES provider has filed an abandonment application with the
commission.
(3)
At least ninety calendar days prior to abandoning
service, a CRES provider shall provide written notice to its customers and the
office of the Ohio consumer's counsel of its intent to abandon service. Such
notice shall indicate the CRES provider's intent to fulfill or assign customer
contracts, including the effective date of such assignment, the effective date
it will cease to provide service, and should identify the commission's
toll-free number as well as the number through which hearing and speech
impaired customers may contact the commission. That notice shall also provide
instructions to the customers on how they may obtain replacement
service(s).
(4)
The CRES provider shall also provide notice of its
abandonment to its existing customers by separate message that is mailed or
otherwise directly delivered to the customer or by notice on customer billing
statements. Where the CRES provider is billing the customers, the CRES provider
shall provide notice of its abandonment. Where the electric utility is
providing billing, the CRES provider may negotiate with the electric utility to
provide such notice of its abandonment on each billing statement rendered to
existing customers. Abandonment notices shall begin at least ninety calendar
days prior to the effective date of the abandonment and shall continue to
provide such notice on all subsequent monthly billing statements until the
service is abandoned.
(5)
If the commission does not act upon the application
within ninety calendar days of the filing date, the application shall be deemed
automatically approved on the ninety-first day after the official filing
date.
Replaces: 4901:1-24-11
Effective:
12/1/2014
Five Year Review (FYR) Dates:
07/25/2019
Promulgated
Under: 111.15
Statutory
Authority: 4928.06,
4928.08
Rule
Amplifies: 4928.08,
4928.16
Prior
Effective Dates: 9/18/00, 3/1/03, 6/29/09
