(A) Each retail natural gas supplier and
governmental aggregator that offers competitive retail natural gas service to
customers shall provide, in marketing materials that include or accompany a
service contract, sufficient information for customers to make informed cost
comparisons.
(1) For fixed-rate offers, such
information shall, at minimum, include:
(a)
The cost per Ccf or Mcf, whichever is consistent with the incumbent natural gas
company's billing format, for natural gas supply, if
the product is based on a per-unit price or, for flat-monthly rate offers, a
specific listing of the rate to be charged per month for the duration of the
contract.
(b) The amount of
any other recurring or nonrecurring retail natural gas supplier or governmental
aggregator charges.
(c) A statement
that the retail natural gas supplier's or governmental aggregator's rate is
exclusive of all applicable state and local taxes and the incumbent natural gas
company's service and delivery charges.
(2) For variable-rate offers, such
information shall, at minimum, include:
(a) A
clear and understandable explanation of the factors that will cause the price
to vary (including any related indices) and how often the price can
change.
(b) The amount of any other
recurring or retail natural gas supplier or governmental aggregator
charges.
(c) A statement that the
retail natural gas supplier's or governmental aggregator's rate is exclusive of
all applicable state and local taxes and the incumbent natural gas company's
service and delivery charges.
(B)
Competitive
retail natural gas suppliers serving a natural gas company's MVR tariff
customers shall provide to the customer the information required in paragraph
(A) of this rule upon enrollment.
(C) A retail natural
gas supplier's or governmental aggregator's promotional and advertising
material shall be provided to the commission or its staff within three business
days of a request by the commission or its staff.
(D) No retail natural
gas supplier or governmental aggregator may engage in marketing, solicitation,
sales acts, or practices which are unfair, misleading, deceptive, or
unconscionable in the marketing, solicitation, or sale of a competitive retail
natural gas service. Such unfair, misleading, deceptive, or unconscionable acts
or practices include, but are not limited to, the following:
(1) Soliciting customers for a competitive
retail natural gas service after suspension, rescission, or conditional
rescission of certification by the commission or after denial of certification
renewal by the commission.
(2)
Failing to comply with paragraph (A) of this rule when
soliciting a sale of competitive retail natural gas service and failing to
disclose all terms, conditions, and limitations, including but not limited to
contract length, prices, fees and termination fees, or penalties, and any
discretionary charges.
(3)
Failing to provide in or with its advertisements and promotional materials that
make an offer for sale, a toll-free/local telephone number (and address for
printed materials) which the potential customer may call or write to request
detailed information regarding the price, terms, conditions, limitations, and
restrictions.
(4) Soliciting via
telephone calls initiated by the retail natural gas supplier or governmental
aggregator (or its agent) without first obtaining the list of Ohio customers
who have requested to be placed on the federal trade commission's "do not call"
registry and obtaining
monthly updates of the federal
trade commission's "do not call" registry for the
appropriate area code.
(5)
Engaging in
any solicitation that
leads the customer to believe that the retail natural gas supplier or
governmental aggregator or its agent is soliciting on behalf of or is an agent
of any entity other than the competitive retail natural gas supplier or
governmental aggregator
.
(6) Engaging in
telephone solicitation
of residential customers either before nine a.m.
or after nine p.m.
(7)
Knowingly taking
advantage of a customer's inability to reasonably protect their interests
because of physical or mental infirmities, ignorance, illiteracy, or inability
to understand the language of an agreement.
(8) Advertising or marketing offers that:
(a) Claim that a specific price advantage,
savings, or guarantee exists if it does not.
(b)
Claim to provide a competitive retail natural gas service when such an offer is
not a bona fide offer to sell such services.
(c) Offer a fixed price per Ccf or Mcf,
whichever is consistent with the incumbent natural gas company's billing
format, for competitive retail natural gas service without disclosing all
recurring and nonrecurring charges.
(d) Offer a variable price per Ccf or Mcf,
whichever is consistent with the incumbent natural gas company's billing
format, for competitive retail natural gas service without disclosing all
recurring and nonrecurring charges.
(e) Fail to disclose all material
limitations, exclusions, and offer expiration dates.
(f) Fail to fully disclose, in an appropriate
and conspicuous type-size, an affiliate relationship or
branding agreement on advertising or marketing offers that use
an Ohio utility's name and logo.
(E)
Retail natural gas suppliers or governmental
aggregators when engaging in direct solicitation shall:
(1)
Perform a
criminal background check on all employees and agents of retail natural gas
suppliers or governmental aggregators engaged in door-to-door solicitation. The
criminal background check shall be done by an independent contractor and the
retail natural gas suppler or governmental aggregator shall confirm that the
independent contractor has performed the comprehensive criminal background
check on its employees or agents in accordance with this rule.
(2)
Comply with all
applicable ordinances and laws of the customer's jurisdiction, when engaged in
direct solicitation door-to-door. Where the applicable ordinances and laws do
not limit the hours of direct solicitation door-to-door, not solicit customers
before the hour of nine a.m. or after the hour of seven p.m.
(3)
Leave the
premises of a customer when requested to do so by the customer or the owner or
occupants of the premises, when engaging in direct solicitation
door-to-door.
(4)
Ensure when in direct solicitation of customers that
the retail natural gas supplier's or governmental aggregator's sales agent
displays a valid retail natural gas supplier or governmental aggregator photo
identification, preapproved by the staff. The retail natural gas supplier or
governmental aggregator shall display to a customer at the first opportunity
their photo identification. If a customer is enrolled by a retail natural gas
supplier or governmental aggregator, the retail natural gas supplier or
governmental aggregator shall offer to leave a form of identification with the
customer.