Current through all regulations passed and filed through March 18, 2024
(A) The retail natural gas supplier and
governmental aggregator shall coordinate customer enrollment with the incumbent
natural gas company in accordance with the procedures set forth in this
chapter.
(B)
A
retail natural gas
supplier
and governmental
aggregator is
prohibited from enrolling potential
customers without consent and proof
of that consent as delineated in paragraphs (C),
(D), and (E) of this rule. This requirement does not apply to opt-out
governmental aggregation and for the percentage of income payment
program.
(C)
A retail natural gas supplier or governmental
aggregator is prohibited from enrolling a potential customer that has failed to
discharge, or enter into a plan to discharge, all existing arrearages owed to
or being billed by the incumbent natural gas company including those customers
enrolled in the percentage of income payment plan plus program (PIPP
plus).
(D) Mailings,
facsimiles, and direct enrollment
(1) Where
enrollment occurs by mail, facsimile, or direct solicitation, the customer's
signature on a contract shall constitute consent.
(2) Consistent with rule
4901:1-29-05
of the Administrative Code, prior to entering into a contract for service,
a retail natural gas
supplier or
governmental
aggregator shall provide each customer with enrollment
documents that contain, at a minimum, clear and understandable pricing, terms
and conditions of service, the dollar amount of all recurring and nonrecurring
charges (including any fees for early termination of the contract), and the
duration of the contract.
(3)
Before obtaining a signature from the applicant, a retail natural gas
supplier or
governmental
aggregator shall provide each customer a reasonable
opportunity to read all enrollment documents and shall answer any and all
questions posed by any applicant about information contained in the
documents.
(4) Immediately
upon obtaining the customer's signature, a retail
natural gas
supplier and governmental
aggregator shall provide the applicant a legible copy
of the signed contract, unless the retail natural gas supplier or governmental
aggregator has already provided the customer with a separate, complete copy of
the terms and conditions for the customer's records and the retail natural gas
supplier or governmental aggregator has complied with paragraph (C) of rule
4901:1-29-10
of the Administrative Code.
(5) Where enrollment occurs by direct
solicitation, customers shall be advised both verbally and in the contract
that:
(a)
The
incumbent natural gas company will be
sending a confirmation notice of the transfer of service.
(b)
The customer is
allowed a seven-business-day period from the confirmation notice postmark date
to rescind the enrollment.
(c)
The customer
must contact the incumbent natural gas company to rescind the
enrollment.
(6)
Direct enrollment of a residential or small commercial
customer door-to-door by a
retail natural gas supplier or governmental aggregator
must comply with the following minimum requirements:
(a) Acknowledgment forms
A
retail natural gas
supplier or
governmental
aggregator enrolling customers
through
door-to-door solicitation shall have the customer execute an
acknowledgement form as part of and at the time of the door-to-door enrollment
process. The acknowledgment form shall include,
at a minimum, the following statements or
questions:
(i) Did the representative state
he/she was representing a [retail natural gas
supplier or governmental aggregator] and was not from the natural gas
company?
(ii) Did the
representative explain that by signing the enrollment form you were entering
into an agreement/contract for [retail natural gas supplier or governmental
aggregator] to supply your natural gas?
(iii) Did the representative explain the
price for natural gas under the contract you signed is _____ dollars per [Ccf
or Mcf, whichever is consistent with the incumbent natural gas company's
billing format] plus sales tax?
(iv) Did the representative explain that the
contract term is ____ year(s)?
(v)
Did the representative explain your
right to cancel?
(vi) Did the
representative leave two completed right to cancel notices with you?
(vii)
Did the
representative disclose whether or not an early termination liability fee would
apply if you cancel the contract before the expiration of the contract term? If
such a fee does apply to your contract, did the representative disclose the
amount of the fee?
(b) Third-party verification
A retail natural gas supplier or governmental aggregator
enrolling customers through door-to-door solicitation shall provide for an
independent third-party verification to ensure the validity of enrollment prior
to submission to the incumbent natural gas company and shall not initiate
enrollment with the incumbent natural gas company without a valid independent
third-party verification. The independent third-party verification shall be
conducted in accordance with paragraph (E)(1) of rule 4901:1-29-06 of the
Administrative Code and the process shall include the following:
(i)
The
representative of the retail natural gas supplier or governmental aggregator
shall contact the independent third-party verifier at the conclusion of
customer enrollment to initiate the independent third-party verification
process.
(ii)
The independent third-party verifier must confirm with
the customer that the representative of the retail natural gas supplier or
governmental aggregator has left the property of the customer. The
representative of the retail natural gas supplier or governmental aggregator is
not to return before, during, or after the independent third-party verification
process.
(iii)
The independent third-party verifier shall structure
the independent third-party verification interview to give the customer
adequate time to respond to questions and shall not prompt answers from the
customer in their response.
(iv)
The retail
natural gas supplier or governmental aggregator must retain the audio recording
of the customer's enrollment for one year after the contract with the customer
is terminated.
(v)
The retail natural gas supplier or governmental
aggregator must provide a copy of the independent third-party verification to
the incumbent natural gas company or the staff within three business days of
any such request.
(c) Terms and conditions print specifications
The terms and conditions must be provided to the residential customer at the
time of sale. Paper copies of the terms and
conditions
must be printed in
dark ink on white or pastel paper and be ten-point type or greater.
Electronic copies of the signed contract may be
provided in the following conditions:
(i)
The customer has
agreed to receive an electronic copy of the contract and provides his/her
electronic mail address.
(ii)
The third-party verification conducted in accordance
with paragraph (D)(6)(b) of this rule shall include a verbal statement and the
customer's acknowledgment that the customer consents to receive a copy of the
terms and conditions via electronic mail.
(iii)
The customer
is offered an unsigned paper copy which includes a version number that matches
the signed electronic copy.
(iv)
The terms and
conditions are electronically mailed to the customer at the time of
sale.
(v)
The retail natural gas supplier shall provide a
mechanism by which both the submission and receipt of the electronic terms and
conditions are recorded by time and date.
(d)
Retail natural gas suppliers or governmental
aggregators shall remove a customer's name from the marketing/sales database
upon the customer's request.
(7) The retail natural gas supplier and
governmental aggregator shall send an electronic enrollment request to the
incumbent natural gas company within three business days following receipt of
the contract executed by the customer, unless a later enrollment transmittal
date is agreed to in the contract by the customer or if the customer rescinds
the enrollment.
(E)
Telephonic enrollment
(1) To enroll a customer
telephonically, a retail natural gas supplier or governmental
aggregator,
shall make a date- and time-stamped
audio recording of the sales portion of the call, if
the customer is enrolled, and before the completion of the enrollment
process, a date- and time- stamped audio recording by
an independent third-party verifier that verifies, at a minimum, the
following:
(a) The retail natural gas
supplier, governmental aggregator, or the independent third-party verifier
identity and the exact purpose of the call.
(b) A verbal statement and the customer's
acknowledgement that the call is being recorded.
(c)
A verbal
statement and customer's acknowledgement that the retail natural gas supplier
or governmental aggregator is not the customer's natural gas company and that
the customer may choose to remain with the natural gas company's applicable
tariff or default service.
(d) A verbal question
and the customer's acknowledgement that the customer
has given
consent to enroll with the retail natural gas supplier or governmental
aggregator.
(e) A verbal question and the customer's
acknowledgement that the customer is the customer of record or is authorized to
switch the retail natural gas supplier
or
governmental aggregator
for the customer of record.
(f)
In accordance with rule
4901:1-29-11
of the Administrative Code, a verbal statement and the customer's acceptance of
each of the principal terms and conditions for the service that will be
provided, including, but not limited to:
(i)
The service(s) that will be provided.
(ii) The price per Ccf or Mcf, whichever is
consistent with the incumbent natural gas company's billing format
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.
(iii) The length of the contract
term.
(iv) An approximate service
commencement date.
(v) The contract
termination date, and any fees for customer cancellation prior to such
date.
(vi) Any material
limitations, conditions, or exclusions.
(vii) Any fees or costs to the
customer.
(viii) If applicable,
whether the retail natural gas supplier or governmental aggregator will perform
a credit check and require a deposit, including the amount.
(ix) Who will bill for the retail natural gas
supplier's and governmental aggregator's service(s).
(x) The enrollment confirmation
number.
(g) A verbal statement and the customer's
acknowledgement that the retail natural gas supplier or governmental aggregator
will, within one business day, send the customer a written contract that
details the terms and conditions that were summarized in the telephone
call.
(h) Customers are advised both verbally and in the
contract of all of the following:
(i) The incumbent natural gas company will be
sending a confirmation notice of the transfer of service.
(ii) The customer is allowed a
seven-business-day period from the confirmation notice
postmark date to rescind the enrollment.
(iii) The customer should contact the
incumbent natural gas company to rescind the enrollment.
(i)
The
incumbent natural gas company's toll-free or local telephone number that the
customer can call to rescind the enrollment.
(j) A verbal request
for and the customer's provision of the customer's natural gas company's
account number.
(k) A verbal request for and the customer's provision
of the customer's mailing address.
(2) Following telephonic enrollment, the
retail natural gas supplier or governmental aggregator shall:
(a) Within one business day, send the
customer a written contract that details the terms and conditions summarized in
the telephone call pursuant to rule
4901:1-29-11
of the Administrative Code. Such contract shall in no way alter the terms and
conditions to which the customer agreed in the telephone call.
(b) Retain the audio recording of the
customer's enrollment for one year after the contract with the customer is
terminated.
(c) Provide a copy of
the audio recording to the commission or its staff within three business days
of a request.
(3) The
retail natural gas supplier or governmental aggregator shall not initiate
enrollment with the incumbent natural gas company prior to the completion of
the enrollment transaction with the customer.
(4) The retail natural gas supplier or
governmental aggregator shall send an electronic enrollment request to the
incumbent natural gas company within three business days after sending the
customer the written contract, unless a later enrollment transmittal date is
agreed to in the contract by the customer or if the customer rescinds the
enrollment.
(F) Internet
enrollment
(1) Where enrollment occurs by
internet, prior consent shall be obtained by encrypted customer input on a
retail natural gas supplier's or governmental aggregator's internet
website.
(2) The internet
enrollment website shall, at a minimum, include:
(a) A copy of the retail natural gas
supplier's or governmental aggregator's customer contract with all terms and
conditions as required by rule
4901:1-29-11
of the Administrative Code.
(b) A
statement advising customers both at the website and in the contract that:
(i) The incumbent natural gas company will be
sending a confirmation notice of the transfer of service.
(ii) The customer is allowed a
seven-business-day period from the confirmation notice
postmark date to rescind the enrollment.
(iii) The customer should contact the
incumbent natural gas company to rescind the enrollment.
(c) A prompt for the customer to print or
save a copy of the contract.
(3) The retail natural gas supplier or
governmental aggregator shall not initiate enrollment with the incumbent
natural gas company prior to the completion of the enrollment transaction with
the customer.
(4) The retail
natural gas supplier or governmental aggregator shall send an electronic
enrollment request to the incumbent natural gas company within three business
days following the completion of the enrollment transaction with the customer,
unless a later enrollment transmittal date is specified and agreed to in the
contract by the customer or if the customer rescinds the enrollment.
(5) Any electronic version of the contract
shall be identified by version number, in order to ensure the ability to verify
the particular contract to which the customer agrees.
(6) Throughout the duration of the contract,
the retail natural gas supplier or governmental aggregator shall retain and,
within three business days of the customer's request, provide to the customer
an electronic
mail message, paper, or facsimile copy of the terms and conditions of the
numbered contract version to which the customer contracted.
(7) The retail natural gas supplier or
governmental aggregator shall require the customer to complete an electronic
customer consent form in a format retrievable by the retail natural gas
supplier or governmental aggregator that includes:
(a) The customer's agreement to the terms and
conditions.
(b) An electronic
agreement version number.
(c) The
name of the retail natural gas supplier or governmental aggregator.
(d) The date the customer electronically
enrolled.
(e) The name of the
account holder.
(f) The incumbent
natural gas company account number.
(g) The account holder's U.S. mailing
address.
(8) The retail
natural gas supplier or governmental aggregator shall provide a mechanism by
which both the submission and receipt of the electronic customer consent form
are recorded by time and date.
(9)
After the customer completes the electronic customer consent form, the internet
enrollment process shall disclose conspicuously that the customer has been
enrolled and the retail natural gas supplier or governmental aggregator shall
provide the customer an enrollment confirmation number.
(G) In customer enrollment, if the incumbent
natural gas company rejects a customer from enrollment, the retail natural gas
supplier or governmental aggregator shall notify the customer within three
business days from the incumbent natural gas company's notification of
rejection that the customer will not be enrolled or enrollment will be delayed,
along with the reason(s) .
(H) The incumbent natural gas company shall,
within two business days of confirming a retail natural
gas supplier's or governmental aggregator's valid electronic enrollment request
and prior to commencing enrollment, mail the
customer a competitively neutral confirmation
notice stating:
(1) The incumbent natural gas
company has received a request to enroll the customer for competitive retail
natural gas service with the named retail natural gas supplier or governmental
aggregator.
(2) The date such
service is expected to begin.
(3)
The customer has seven business days from the postmark date on the notice to
contact the incumbent natural gas company to rescind the enrollment request or
notify the incumbent natural gas company that the change of the retail natural
gas supplier or governmental aggregator was not requested by the
customer.
(4) The incumbent natural
gas company's toll-free or local telephone
number.
(I) Within two
business days after receiving a customer's request to rescind enrollment with
the retail natural gas supplier or governmental aggregator, the incumbent
natural gas company shall initiate such rescission and inform the retail
natural gas supplier or governmental aggregator that such action has been
taken.
(J) Customers may request an
actual meter reading prior to the transfer of the service to the new retail
natural gas supplier or governmental aggregator in
accordance with paragraph (G)(5) of rule
4901:1-13-04 of the
Administrative Code.
(K)
Customers returning to the incumbent natural gas company's commodity
service:
(1) Any customer returning to the incumbent
natural gas company's commodity service due to default, abandonment, slamming,
or certification rescission of a retail natural gas supplier or governmental
aggregator will not be liable for any costs associated with the
switch.
(2) Any switching fee
applicable to customers switching from one marketer to another marketer shall
also apply to customers switching from a marketer to the incumbent natural gas
company's commodity sales service.
(3) Customers participating in an opt-out
governmental aggregation program will not be charged a switching fee upon
returning to regulated sales service due to either termination of the
aggregation or the aggregator switching suppliers.
(4) Any customer returned to the incumbent
natural gas company's commodity service shall pay the applicable regulated
sales service rate while taking such service.
(5) Within two business days after confirming
the validated electronic data file for a retail natural gas supplier's or
governmental aggregator's customer-drop request, the incumbent natural gas
company shall mail the customer a notice stating:
(a) The incumbent natural gas company has
received a request to drop the customer from competitive retail natural gas
service with the named retail natural gas supplier or governmental
aggregator.
(b) The retail natural
gas supplier's or governmental aggregator's toll-free telephone
number.
(L)
In an instance where the customer and retail natural
gas supplier or governmental aggregator agree to a material change to an
existing contract, the retail natural gas supplier or governmental aggregator
shall obtain proof of the customer's consent to the material change as
delineated in paragraphs (D), (E), and (F) of this rule and in accordance with
the applicable enrollment process for that customer.