Current through all regulations passed and filed through March 18, 2024
(A)
After reasonable notice and the opportunity for a
hearing, the commission may, upon its own motion or upon complaint, suspend,
rescind, or conditionally rescind a retail natural gas supplier's or
governmental aggregator's certificate, in whole or in part, for good cause
shown.
(B)
If the commission suspends a retail natural gas
supplier's or governmental aggregator's certificate:
(1)
The commission
will notify the retail natural gas supplier or governmental aggregator of the
reasons and effective dates for such suspension and specify the actions,
including associated time frames, that the retail natural gas supplier or
governmental aggregator must take in order to have the suspension
lifted.
(2)
The retail natural gas supplier or governmental
aggregator 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 competitive retail natural gas service to existing
customers, nor advertise, offer, or contract to provide any competitive retail
natural gas service 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 retail natural gas supplier's or
governmental aggregator's certificate:
(1)
The commission
will delineate the specific conditions that the retail natural gas supplier or
governmental aggregator must meet and establish a date by which the conditions
must be met in order for the retail natural gas supplier or governmental
aggregator to avoid permanent rescission of its certificate.
(2)
Unless otherwise
ordered by the commission, the retail natural gas supplier or governmental
aggregator 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 competitive retail natural gas service to existing
customers, nor advertise, offer, or contract to provide any competitive retail
natural gas service to potential customers throughout the duration of a
conditional rescission of a certificate.
(D)
If the
commission rescinds a retail natural gas supplier's or governmental
aggregator's certificate:
(1)
The commission will notify the retail natural gas
supplier or governmental aggregator of the reasons for and effective date of
such rescission.
(2)
Upon the effective date specified by the commission, a
retail natural gas supplier or governmental aggregator whose certificate has
been rescinded shall cease providing all competitive retail natural gas service
for which it is no longer certified to provide.
(3)
Before the
effective date of the certificate rescission, a retail natural gas supplier or
governmental aggregator that provides competitive retail natural gas service to
customers shall cooperate fully with each natural gas company in whose service
area it provides such service to ensure that its existing customers will be
served by another retail natural gas supplier, governmental aggregator or by
the natural gas company on and after the effective date of the certificate
rescission.
(4)
Before the effective date of the certificate
rescission, a retail natural gas supplier or governmental aggregator whose
certificate has been rescinded shall provide a written notice to each of its
customers that indicates that its 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 incumbent natural gas company
prior to customer dissemination. 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.
(E)
Reasons that the
commission may suspend, rescind, or conditionally rescind a retail natural gas
supplier's or governmental aggregator's certificate include, but are not
limited to:
(1)
A retail natural gas supplier's or governmental
aggregator's failure to timely pay any assessment made pursuant to section
4905.10 or section
4911.18 of the Revised
Code.
(2)
A retail natural gas supplier's or governmental
aggregator's failure to timely file an annual report of its intrastate gross
receipts and sales of hundred cubic feet of gas pursuant to section
4905.10, or section
4911.18, or division (B) of
section 4929.23 of the Revised
Code.
(3)
A finding by the commission that a retail natural gas
supplier or governmental aggregator has materially underreported its intrastate
gross receipts and sales of hundred cubic feet of gas on reports required by
rule
4901:1-30-01
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 retail natural gas supplier's or
governmental aggregator's fitness or capability to provide any service covered
by its certificate.
(5)
A finding by the commission that a retail natural gas
supplier or governmental aggregator knowingly 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 retail natural gas supplier or governmental aggregator has
provided a competitive retail natural gas service without being certified by
the commission to provide such service.
(7)
A finding by the
commission that a retail natural gas supplier or governmental aggregator has
violated any applicable commission rule or order adopted pursuant to Chapter
4929. of the Revised Code.
(8)
A finding by the
commission that a retail natural gas supplier or governmental aggregator 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
4929.21 of the Revised
Code.
(9)
A finding by the commission that a retail natural gas
supplier or governmental aggregator has engaged in an anticompetitive
act.
(10)
A finding that a retail natural gas supplier or the
retail natural gas supplier of a governmental aggregator has failed to maintain
appropriate financial security or has otherwise committed an act of default as
defined by a natural gas company's tariff or by agreement between the natural
gas company and the retail natural gas supplier or governmental
aggregator.
(11)
A finding by the commission that a retail natural gas
supplier or governmental aggregator 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.
(12)
A finding by
the commission that a retail natural gas supplier has failed to maintain an
Ohio office and an employee in this state, in accordance with section
4929.22 of the Revised
Code.
(F)
In the event of a material default, as defined by a
natural gas company's tariff or by an agreement between the natural gas company
and the retail natural gas supplier or governmental aggregator:
(1)
The natural gas
company shall serve a written notice of such default in reasonable detail and
with a proposed remedy to the retail natural gas supplier or governmental
aggregator and the commission.
(2)
On or after the
date the default notice has been served, the natural gas company may file with
the commission a written request for authorization to terminate or suspend the
retail natural gas supplier or governmental aggregator from participation with
the natural gas company's supplier program.
(3)
If the material
default is due to reasons other than underdelivery or nondelivery, and if the
commission, or an attorney examiner, does not issue an entry to suspend or
reject the action proposed by the natural gas company within ten business days
after receipt of the request, the natural gas company's request to terminate or
suspend shall be deemed authorized on the eleventh business
day.
(4)
If the default is due to underdelivery or nondelivery
and, if the commission, or an attorney examiner, does not act within five
business days after receipt of the request, the natural gas company's request
to terminate or suspend shall be deemed authorized on the sixth business
day.
(5)
Notwithstanding paragraphs (F)(3) and (F)(4) of this
rule, terminations or suspensions from a natural gas company's supplier program
shall require authorization from the commission.
(6)
The natural gas
company shall send notices pursuant to this section by electronic mail, fax,
overnight mail or hand delivery to the commission and staff at the commission's
offices. The natural gas company shall notify all commissioners, the chief of
staff, the director of the service monitoring and enforcement services
department, the director of the utilities department, the director of the legal
department and the chief of the attorney general's public utilities section.
The natural gas company shall send the notice to the address, electronic mail,
and fax number provided by the retail natural gas supplier or governmental
aggregator in its aggregation agreement.
Replaces: 4901:1-27-12