Current through all regulations passed and filed through September 16, 2024
(A) Prior to including a customer's natural
gas account or accounts in an aggregation, a governmental aggregator shall
provide each eligible governmental aggregation
customer written notice that the customer's account(s) will be
automatically included in the aggregation unless the customer affirmatively
opts out of the aggregation. The notice shall, at a minimum, include:
(1)
The language on
the front cover of the envelope or postcard providing the notice shall state
"important natural gas aggregation information."
(2) A
summary of the actions that the governmental entity took to authorize the
aggregation.
(3) A description of the services that the
governmental aggregator will provide under the aggregation.
(4)
Disclosure of the price that the governmental aggregator will charge customers
for competitive retail natural gas service,
including:
(a)
Dollars and/or cents per hundred cubic feet of gas
("Ccf") or thousand cubic feet of gas ("Mcf"), depending on the unit that is
used by the natural gas company that serves the customer, if the product is based on a per-unit price. For
flat-monthly rate offers, a
specific
listing of the rate
to be charged
per month for the
duration of the
contract.
(b)
If a variable
rate is offered, an understandable description of the factors that will cause
the price to vary (including any associated indices) and disclosure of how
frequently the rate will change.
(c)
A statement that
the retail natural gas supplier's or governmental aggregator's rate is
exclusive of all applicable state and local taxes.
(5)
If different
rates will be charged to different rate classes within the aggregation, the
governmental aggregator shall disclose the applicable rate(s) to customers
within the various rate classes.
(6) An itemized list
and explanation of all fees and charges that are not incorporated into the
rates charged for natural gas that the governmental aggregator will charge the
customer for participating in the aggregation, including any applicable
switching fees or early termination penalties. These switching fees and/or
early termination penalties shall not apply to a customer that moves out of the
governmental aggregator's territory.
(7) Disclosure of the
dates covered by the governmental aggregation
program, including an estimated service
commencement date and notice that the customer may opt out of the aggregation
at least every two years without penalty.
(8) Disclosure of any
credit and/or deposit policies and requirements.
(9) Disclosure of any
limitations or conditions on customer acceptance into the
aggregation.
(10) A description of the process and associated time
period for customers to opt out of the aggregation. The process shall include
provisions for customers to return a post card or similar notice to the
governmental aggregator or its agent. The process may include, in addition,
other opt-out methods, such as telephonic or internet notice, provided that
these methods provide for verification of a customer's election to opt out of
the aggregation.
(11)
The time
period for a customer to choose to opt out of the aggregation shall extend at
least twenty-one days from the date of the post mark on the written notice. A
customer's return post card or notice that is post marked before the
opt-out deadline has elapsed shall be deemed to have
opted out.
(12) A local or toll-free telephone number that
customers can call with questions regarding the formation or operation of the
aggregation, including associated calling hours.
(B) At least every two years from the
establishment of its
governmental aggregation
program,
a governmental aggregator shall provide notice to all customers served by the
aggregation of their right to opt out of the aggregation without penalty. This
notice shall follow the procedures established for the initial opt-out notice
set forth in this rule and shall prominently disclose to customers all changes
to the terms and conditions associated with the aggregation.
(C) No governmental aggregator or retail
natural gas supplier serving a governmental aggregation shall impose any terms,
conditions, fees, or charges on any customer served by a governmental
aggregation unless the particular term, condition, fee, or charge was clearly
disclosed to the customer at the time the customer chose not to opt out of the
aggregation.
(D) To assist its
preparation and dissemination of required opt-out notices, a governmental
aggregator that is certified by the commission may request that the incumbent
natural gas company provide it with customer information consistent with
paragraph (A) of rule
4901:1-28-05
of the Administrative Code. The governmental aggregator shall not, without the
customer's express written consent or electronic
authorization or unless pursuant to a court or commission order:
(1)
Disclose or use for any purpose other than
formation and operation of its aggregation a customer's account number or
social security number or any customer information regarding customers.
(2)
Release any customer account number, social security
number, or any information related to a customer without first obtaining the
customer's signature on a release form. Forms requiring a customer to circle or
to check off preprinted types of information to be released may not be used.
The release form shall:
(a)
Be on a separate piece of paper.
(b)
Be clearly
identified on its face as a release of personal information and contain text
that shall be in at least sixteen-point type.
(c)
Contain the
following statements prominently, just prior to the signature, in type larger
and darker than the type in the surrounding sentences: "I realize that, under
the rules and regulations of the public utilities commission of Ohio, I may
refuse to allow (name of aggregator) to release the information set forth
above. By my signature, I freely give (name of aggregator) permission to
release the information designated above."
(d)
Specify on the
form the information sought to be released.
(E) Each governmental aggregator
shall use its best efforts to ensure that only eligible governmental aggregation customer accounts within its
governmental boundaries and customers who have not opted out are included in
its aggregation. If ineligible accounts, accounts from outside of the
governmental aggregator's governmental boundaries, or accounts for customers
who opted out of the aggregation are switched to the governmental
aggregation:
(1)
The governmental aggregator shall promptly contact the natural gas
company to have the customer switched back to the customer's former supplier.
(2)
The governmental
aggregator or the natural gas company, whichever is at fault for an improper
switch, shall reimburse the customer for any switching fees that were paid by
the customer as a result of the improper switch.
(3)
The governmental
aggregator or the natural gas company, whichever is at fault for an improper
switch, shall reimburse the customer for the difference between the customer's
former rate and the governmental aggregator's rate multiplied by the customer's
usage during the time that the customer was served by the governmental
aggregator, if the customer's former rate was less than the rate charged by the
governmental aggregator and the higher rate was paid by the
customer.
(F) The
governmental aggregator shall docket with the commission's docketing division
an advance notice of the governmental aggregation opt-out program with the
final opt-out or any supplemental opt-out customer notification no more than
thirty days, but no less than ten days, prior to sending the opt-out
notification to customers. The advanced notice to the commission shall identify
the affected community and natural gas company involved, include the beginning
and ending dates of the twenty-one day opt-out period, and provide the
identification of the selected competitive retail natural gas service
supplier.
Effective: 12/1/2014
Five Year
Review (FYR) Dates: 07/28/2014 and
12/01/2019
Promulgated
Under: 111.15
Statutory
Authority: 4929.10,
4929.20,
4929.27
Rule
Amplifies: 4929.26,
4929.22(F)
Prior Effective Dates: 7/4/02,
4/13/07
