Current through all regulations passed and filed through March 18, 2024
(A)
After notice and the opportunity for a hearing, the
commission may, upon its own motion or upon complaint, suspend, rescind, or
conditionally rescind a competitive retail electric service (CRES) provider's
certificate, in whole or in part, for good cause shown.
(B)
If the
commission suspends a CRES provider's certificate:
(1)
The commission
will notify the CRES provider of the reasons and effective dates for such
suspension and specify the actions, including associated time frames, that the
CRES provider must take in order to have the suspension lifted.
(2)
The CRES
provider shall continue to provide all services it is obligated to provide
under contract to its existing customers but it shall not advertise, offer, or
contract to provide any new CRES to existing customers nor advertise, offer, or
contract to provide any CRES to potential customers during the suspension,
unless the commission orders otherwise. Such suspensions and related
prohibitions against advertising, offering, or entering into contracts apply
statewide unless otherwise ordered by the commission.
(C)
If
the commission conditionally rescinds a CRES provider's certificate:
The commission will delineate the
specific conditions that the CRES provider must meet and establish a date by
which the conditions must be met in order for the CRES provider to avoid
permanent rescission of its certificate. Unless otherwise ordered by the
commission, the CRES provider shall continue to provide all services it is
obligated to provide under contract to its existing customers, but it shall not
advertise, offer, or contract to provide any new CRES to existing customers nor
advertise, offer, or contract to provide any CRES to potential customers during
the pendency of the conditional rescission.
(D)
If the
commission rescinds a CRES provider's certificate:
(1)
The commission
will notify the CRES provider of the reasons for and effective date of such
rescission.
(2)
Upon the effective date specified by the commission, a
CRES provider whose certificate has been rescinded shall cease providing all
CRES for which it is no longer certified to provide.
(3)
Prior to the
effective date of the certificate rescission, a CRES provider that provides
retail electric generation service to customers shall cooperate fully with each
electric utility in whose certified territory it provides such service to
ensure that its customers will be served by another CRES provider or by the
electric utility on and after the effective date of the certificate
rescission.
(4)
Prior to the effective date of the certificate
rescission, a CRES provider whose certificate has been rescinded shall provide
a written notice to each of its customers that indicates that the CRES
provider's certificate has been rescinded and specifies the date(s) it will
cease to provide service. Such notice shall be provided to the commission staff
for its review and to the electric utility prior to customer dissemination.
Such notice shall also inform customers that, if they do not choose an
alternative provider, they will be served by their electric utility and shall
provide instructions on how they can obtain service from an alternative CRES
provider.
(E)
Reasons that the commission may suspend, rescind, or
conditionally rescind a CRES provider's certificate include, but are not
limited to:
(1)
A CRES provider's failure to timely pay any assessment made
pursuant to section 4905.10,
4911.18, or division (F) of
section 4928.06 of the Revised
Code.
(2)
A CRES provider's failure to timely file an annual
report of its intrastate gross receipts and sales of kilowatt-hours of
electricity pursuant to section
4905.10,
4911.18, or division (F) of
section 4928.06 of the Revised Code as
directed by commission rule or order.
(3)
A finding by the
commission that a CRES provider has materially underreported its intrastate
gross receipts and/or sales of kilowatt-hours on reports required by rule
4901:1-24-07 of the
Administrative Code.
(4)
A finding by the commission that any information
reported to the commission subsequent to granting a certificate adversely
affects a CRES provider's fitness or capability to provide any service covered
by its certificate.
(5)
A finding by the commission that a CRES provider
deliberately omitted information or knowingly provided false information on a
certification or certification renewal application, including supporting
attachments.
(6)
A finding by the commission that a CRES provider has
provided CRES to a customer without being certified by the commission to
provide such service.
(7)
A finding by the commission that a CRES provider has
violated any applicable commission rule or order adopted pursuant to Chapter
4928. of the Revised Code.
(8)
A finding by the
commission that a CRES provider has failed to consent to the jurisdiction of
the courts of this state or has failed to designate an agent to accept service
of process pursuant to section
4928.09 of the Revised
Code.
(9)
A finding by the commission that a CRES provider has
engaged in an anticompetitive act.
(10)
A finding that
a CRES provider has failed to maintain appropriate default security or has
otherwise failed in a material way to adhere to requirements contained in an
electric utility's tariff governing supplier requirements approved by the
commission.
(11)
A finding by the commission that a CRES provider has
failed to comply with state laws or rules designed to protect consumers in this
state or has otherwise engaged in any fraudulent, misleading, or unfair
practice.
Replaces: 4901:1-24-12