Current through all regulations passed and filed through December 11, 2023
(A) Customer access
(1) Each retail natural gas supplier or
governmental aggregator shall ensure customers reasonable access to its service
representatives to make inquiries and complaints, discuss charges on customer
bills, terminate competitive service, and transact any other pertinent
business.
(2) Telephone access
shall be toll free or local and afford customers
prompt answer times during normal business hours.
(3) Each retail natural gas supplier or
governmental aggregator shall provide a twenty-four hour automated telephone
message instructing callers to report any service interruptions or natural gas
emergencies to the incumbent natural gas company.
(B) Customer complaints
(1) Each retail natural gas supplier or
governmental aggregator (and/or its agent)
shall investigate customer complaints (including customer
complaints referred by the natural gas company) and provide a status report
within three business days following receipt of the complaint to:
(a) The customer, when the complaint is made
directly to the retail natural gas supplier or governmental
aggregator.
(b) The
staff, when a complaint is
referred to the retail natural gas supplier or governmental aggregator by the
staff.
(2) If an
investigation is not completed within ten business days, the retail natural gas
supplier or governmental aggregator (and/or its agent) shall provide status
reports to the customer, or if applicable, to the staff. Such status reports shall be
provided at three business day intervals until the investigation is complete,
unless the action that must be taken will require more than three business days
and the customer has been so notified.
(3) The retail natural gas supplier or
governmental aggregator (and/or its agent)
shall inform the customer, or the staff, of the results of the
investigation, orally or in writing, no later than three business days after
completion of the investigation. The customer or staff may request the report
in writing.
(4) If a
customer disputes the retail natural gas supplier's or governmental
aggregator's (and/or its agent's) report, the retail natural gas supplier or
governmental aggregator shall inform the customer that the staff is available
to mediate complaints. The retail natural gas supplier or governmental
aggregator (and/or its agent) shall provide the customer with the address,
local/toll-free telephone numbers, and
Ohio relay service
telephone number of the commission's call center.
(5) Each retail natural gas supplier or
governmental aggregator shall retain records of customer complaints,
investigations, and complaint resolutions for two years after the occurrence of
such complaints and shall provide such records to the staff within three
business days of request.
(6) Each
retail natural gas supplier or governmental aggregator shall make good faith
efforts to resolve disputes and cooperate with the resolution of any joint
issues with the incumbent natural gas company.
(C) If a
customer
contacts the incumbent natural gas company
concerning competitive retail natural gas service issues, the incumbent natural
gas company shall:
(1) Review the issue with
the customer to determine whether it also involves the incumbent natural gas
company.
(2) Cooperate with the
resolution of any joint issues with the retail natural gas supplier or
governmental aggregator.
(3) Refer
the customer to the appropriate retail natural gas supplier or governmental
aggregator in those instances where the issue lacks incumbent natural gas
company involvement.
(D)
Slamming complaints
(1) A slamming complaint
is a customer's allegation that the customer's retail natural gas supplier or
governmental aggregator has been switched without the customer's
authorization.
(2) If a customer
contacts a natural gas company, retail natural gas supplier, or governmental aggregator alleging that the
customer's supplier has been switched without the customer's authorization, the
natural gas company, retail natural gas supplier,
or governmental aggregator shall:
(a) Provide
the customer any evidence relating to the customer's enrollment.
(b) Refer the customer to the commission's
call center.
(c) Provide the
customer with the local/toll-free telephone numbers of the commission's call
center.
(d) Cooperate with the
staff in any subsequent investigations of the slamming complaint.
(3)
If a
customer initiates a slamming complaint with staff within thirty calendar days
after being issued a bill from the alleged slammer, the customer shall not be
required to pay the current charges assessed by the alleged slammer until the
staff determines that the change in the customer's natural gas supplier was
authorized. This rule does not apply to governmental aggregation customers
whose remedies are found in paragraph (E) of rule
4901:1-28-04
of the Administrative Code.
(4) Except as
otherwise provided in Chapter 4901:1-28 of the Administrative Code
or a commission-approved exemption pursuant to division
(A) of section 4929.04 of the Revised
Code, if the retail natural gas supplier or governmental aggregator
cannot produce valid documentation confirming that the customer authorized the
switch, there shall be a rebuttable presumption that the customer was switched
without authorization. Such documentation includes one of the following, in
conformance with the requirements of rule
4901:1-29-06
of the Administrative Code:
(a) A signed
contract, in the case of direct enrollment.
(b) An audio recording, in the case of
telephonic enrollment.
(c)
Electronic consent, in the case of internet enrollment.
(5)
In the event that the customer was switched from one retail natural gas
supplier or governmental aggregator to a different retail natural gas supplier
or governmental aggregator without authorization, the customer's previous
retail natural gas supplier or governmental aggregator shall re-enroll the
customer without penalty under such customer's original contract price for the
duration of the original term and send the incumbent natural gas company an
electronic enrollment request. If the original retail natural gas supplier or
governmental aggregator is unable to return the customer to the original
contract price, the original retail natural gas supplier or governmental
aggregator may enroll the customer in a new contract pursuant to the provisions
of rule
4901:1-29-06
of the Administrative Code, or the customer may select a new retail natural gas
supplier or return to the incumbent natural gas company's regulated sales
service.
(6) In the event that a customer was switched from a
natural gas company regulated sales service commodity service to a retail
natural gas supplier or governmental aggregator without authorization, the
natural gas company shall switch the customer back to the natural gas company's
regulated sales service without penalty.
Effective:
12/1/2014
Five Year Review (FYR) Dates:
07/28/2014 and
07/28/2019
Promulgated
Under: 111.15
Statutory
Authority: 4929.10,
4929.22,
4905.06
Rule
Amplifies: 4929.22,
4929.23,
4905.04,
4905.05
Prior
Effective Dates: 7/4/02, 4/13/07