(A)
A retail natural
gas supplier or governmental aggregator shall not transfer its certificate to
any person without prior commission approval.
(1)
A retail natural
gas supplier or governmental aggregator 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 or attorney
examiner acts to suspend or reject the application.
(B)
A retail natural
gas supplier or governmental aggregator shall not abandon the service(s) it
provided under a certificate without filing an abandonment application and
without commission approval. The retail natural gas supplier or governmental
aggregator shall fulfill the terms of all existing contracts with customers or
assign such contracts to another retail natural gas supplier or governmental
aggregator prior to abandoning service.
(1)
Abandonment
applications shall be filed at least ninety days prior to the effective date
that the retail natural gas supplier or governmental aggregator 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
days prior to abandoning service in the state of Ohio, a retail natural gas
supplier or governmental aggregator shall provide written notice to each
natural gas company in whose service area the retail natural gas supplier or
governmental aggregator operates of its intent to cease providing service in
the state of Ohio. That notice shall reflect that the retail natural gas
supplier or governmental aggregator has filed an abandonment application with
the commission.
(3)
At least ninety days prior to abandoning service, a
retail natural gas supplier or governmental aggregator shall provide written
notice to its existing customers and the office of the Ohio consumers' counsel
of its intent to abandon service. Such notice shall indicate the retail natural
gas supplier's or governmental aggregator'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 identify the commission's
toll-free and Ohio relay service telephone numbers. That notice shall reflect
that the retail natural gas supplier or governmental aggregator has filed an
abandonment application with the commission. Such notice shall also inform
existing customers that, if they do not choose an alternative supplier, their
natural gas company will supply them under the applicable tariff service and
provide instructions on how they can obtain service from an alternative retail
natural gas supplier or governmental aggregator. Such notice shall be provided
to the commission staff for its review and to the incumbent natural gas
company, prior to customer dissemination.
(4)
The retail
natural gas supplier or governmental aggregator shall 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 retail natural gas supplier or governmental aggregator is
providing the billing, the retail natural gas supplier or governmental
aggregator shall provide notice of its abandonment. Where the natural gas
company is billing for the retail natural gas supplier or governmental
aggregator, the retail natural gas supplier or governmental aggregator may
negotiate with the incumbent natural gas company to provide such notice of its
abandonment on each billing statement rendered to existing customers.
Abandonment notices shall begin at least ninety days before the effective date
of the abandonment and shall continue monthly until the operation is
abandoned.
(5)
If the commission does not act upon the application
within ninety days of the filing date, the application shall be deemed
automatically approved on the ninety-first day after the official filing
date.
Replaces: 4901:1-27-12