(A)
An application
for certification or certification renewal shall be made on forms supplied by
the commission. The application forms shall provide for sufficient information
to enable the commission to assess an applicant's managerial, financial, and
technical capability to provide the service it intends to offer, its ability to
provide reasonable financial assurances sufficient to protect customers and
natural gas companies from the consequences of default, and its ability to
comply with commission rules or orders.
(B)
The applicant
shall complete the appropriate application form (e.g., retail natural gas
marketer, retail gas aggregator/broker, or governmental aggregator) in its
entirety and supply all required attachments, affidavits, and evidence of
capability specified by the form at the time an application is filed.
(1)
A natural gas
marketer shall file general, technical, managerial, and financial information
as set forth in the application. This information includes, but is not limited
to:
(a)
Ownership and organizational descriptions.
(b)
Managerial
experience and capabilities.
(c)
Credit ratings
and relevant financial information including financial statements, financial
arrangements, and forecasted financial statements.
(d)
Technical
ability and experience in nominating, scheduling, and providing natural gas to
retail customers.
(e)
Proof of an Ohio office and an employee in this state
in accordance with division (G) of section
4929.22 of the Revised
Code.
(f)
Statements as to whether the applicant has ever been
terminated from any choice program; if applicant's certification has ever been
revoked or suspended; if applicant has ever been in default for failure to
deliver; or if there are pending or past regulatory or judicial actions against
the applicant or past rulings finding against the applicant.
(2)
A
retail natural gas aggregator/retail natural gas broker shall file general,
managerial, and financial information as set forth in the application. This
information includes, but is not limited to:
(a)
Ownership and
organizational descriptions.
(b)
Managerial
experience and capabilities.
(c)
Credit ratings
and relevant financial information, including financial statements, financial
arrangements, and forecasted financial statements.
(d)
Proof of an Ohio
office and an employee in this state in accordance with division (G) of section
4929.22 of the Revised
Code.
(e)
Financial capability as depicted on publicly available
information, and applicable credit ratings.
(f)
Statements as to
whether the applicant's certification has ever been revoked or suspended or if
there are pending or past regulatory or judicial actions against the applicant
or past rulings finding against the applicant.
(3)
A governmental
aggregator shall file general information as set forth in the application. This
information includes, but is not limited to:
(a)
Copies of its
operation and governance plans.
(b)
Descriptions of
experience.
(C)
An applicant for
certification or certification renewal shall file a completed and notarized
original application signed by a principal officer of the applicant in
accordance with the application instructions, including all supporting
attachments and affidavits, with the commission's docketing division.
(1)
The date that
the commission's docketing division stamps an application received shall serve
as the official filing date with the commission.
(2)
In accordance
with rule
4901:1-27-10
of the Administrative Code, the commission may deny without prejudice any
application that is not complete or does not include the attachments,
documentation, and affidavits required by the application form.
(3)
In accordance
with this chapter, in instances where information and/or documentation required
by these rules is not available at the time of filing an application, an
applicant may substitute a notarized affidavit by an officer of the applicant
stating that the applicant will file such information and/or documentation with
the commission at least ten business days prior to offering or providing
competitive retail natural gas service to a customer in this state. The
affidavit shall be accompanied by an explanation as to why such information is
not available for inclusion with the application.
(D)
All retail
natural gas suppliers or governmental aggregators shall include in their
certification application, the name, telephone number, and electronic mail
address of a contact person who will respond to commission concerns pertaining
to consumer complaints. If any of the required information relating to the
contact person should change, the retail natural gas supplier or governmental
aggregator shall file notice of such changes with the commission within thirty
days of such material change in accordance with paragraph (B)(8) of rule
4901:1-27-11
of the Administrative Code.
Replaces: 4901:1-27-04