Current through all regulations passed and filed through September 16, 2024
(A) A retail natural gas supplier or opt-in
governmental aggregator shall arrange for the provision of competitive retail
natural gas service by contracting with its customers.
(B) A retail
natural gas supplier or opt-in governmental aggregator shall maintain copies of
individual customer contracts for no less than two years after such contracts
terminate. Copies may be saved in electronic formats if such preserves the
image of the original signatures on signed documents.
(C) For any contract where the customer's
signature is not physically on the same document as the complete terms and
conditions of such contract, the retail natural gas supplier or opt-in
governmental aggregator must assign a unique version number to each version of
the contract. Such version number must appear on the document containing the
customer's actual signature, on the copy of the terms and conditions left with
the customer, and on a master copy of the complete terms and conditions of the
contract. Both the document containing the customer's physical signature and
the master copy of the complete terms and conditions must be retained in
accordance with this rule. This provision shall not apply where the retail
natural gas supplier or opt-in governmental aggregator has obtained the
customer's consent by telephone or internet enrollment.
(D) In its administration of customer
contracts, a retail natural gas supplier or opt-in governmental aggregator
shall:
(1) Not assign a customer contract to
another retail natural gas supplier or opt-in governmental aggregator without:
(a) Providing a minimum of fourteen days
written notice to the commission's staff and any affected natural gas company
before the contract assignment. Such notice shall include:
(i) The name of the retail natural gas
supplier or opt-in governmental aggregator to whom the contract(s) will be
assigned.
(ii) The type of
contract(s) to be assigned (e.g., residential, small commercial).
(iii) The number of contracts to be
assigned.
(iv) The incumbent
natural gas company involved.
(v)
The date of the assignment.
(vi) A
copy of the customer notification.
(b) Providing prior written notice to the
customer.
(2) When
assigned a contract previously administered by another retail natural gas
supplier or opt-in governmental aggregator, comply with all terms and
conditions in effect for the contract before the assignment occurred.
(3) Comply in a timely manner with all valid
notices from customers to cancel or terminate the contract as provided for by
the contract and by this chapter.
(4) Assign a number to each version of its
standard contract form (including changes in contract price), retain such forms
for no less than two years, and provide copies to staff within three business
days of request.
(E) A
customer shall have the right to rescind his/her contracts, within seven
business days following the postmark date on the natural gas company's
confirmation notice:
(1) By calling the
incumbent natural gas company at the designated toll-free or local telephone
number.
(2) By written notice to
the incumbent natural gas company which is effective as of the date of the
postmark.
(F) The retail
natural gas supplier or opt-in government aggregator shall furnish written
notice to residential and small commercial customers of pending contract
expiration between forty-five and ninety calendar days before the contract
expires. Such notice shall be made by separate mailing (envelope or postcard),
or by conspicuously placed bill message or bill insert. The front cover of such
mailing shall contain the following statement: "Important notice regarding your
natural gas service contract's expiration." This notice may be combined with a
renewal notice. This paragraph does not apply to the expiration of contract
periods of one month or less. If the contract does not contain an automatic
renewal clause, the notice shall include a statement explaining the service to
which the customer will default.
(G) Contract renewals.
(1) The provisions of this paragraph apply to
all residential and small commercial contracts that contain automatic renewal
clauses, except those which renew on a month-to-month basis.
(2) For contracts that contain an early
termination or cancellation option with no fee for early termination or
cancellation, upon renewal, the retail natural gas supplier or opt-in
governmental aggregator shall, in a separate notice, notify customers of such
expiration at least forty-five calendar days, but not more than ninety calendar
days, in advance of the contract expiration date. Such notice shall accurately
describe or highlight any changes and state that the customer contract will
renew at the specified rate unless the customer affirmatively cancels the
contract. Such notices must clearly and accurately describe the manner in which
the customer may cancel the contract and the time during which the customer
must act to cancel the contract.
(a) The
notice shall be made by separate mailing (envelope or postcard), the front
cover of which shall state: "Important notice regarding your electric service
contract."
(b) The notice shall, at
a minimum, state any renewal period and how the customer may terminate, renew,
and/or extend the contract.
(c) The
renewal period for contracts with renewal provisions shall not exceed the
initial contract period.
(3) For contract renewals that contain an
early termination or cancellation option with a fee of twenty-five dollars or
less for early termination or cancellation, upon renewal, the retail natural
gas supplier or opt-in governmental aggregator shall provide the customer with
two separate notices that accurately describe or highlight any changes and
state that the customer contract will renew at the specified rate unless the
customer affirmatively cancels the contract. Such notices must clearly and
accurately describe in understandable language the manner in which the customer
may cancel the contract and the time during which the customer must act to
cancel the contract. The first notice shall be in writing in accordance with
the requirements of this rule and shall be provided at least forty-five
calendar days, but no more than ninety calendar days in advance of the contract
expiration date. The second notice may be in writing in accordance with
paragraphs (G)(2)(a) to (G)(2)(c) of this rule, by telephone, by a notice on
the customer's monthly bill, or by electronic mail. The second notice shall be
provided at least thirty-five calendar days in advance of the contract
expiration and must contain the rate at which the customer contract will renew,
or in the case of a variable rate, the applicable formula.
(a) In the event that the competitive retail
natural gas supplier or opt- in governmental aggregator provides the second
notice by telephone, the retail natural gas supplier or opt-in governmental
aggregator must confirm that the customer of record is on the line, clearly
explain both the new contract price and the manner in which the customer may
cancel the contract, record the entire conversation, and retain such recording
in a manner consistent with rule
4901:1-29-06 of the
Administrative Code.
(b) In the
event that the retail natural gas supplier or opt-in governmental aggregator
provides the second notice on the customer's monthly bill, such notice must be
in a different color, highlighted, or otherwise differentiated from the
remainder of the bill.
(c) In the
event that the retail natural gas supplier or opt-in governmental aggregator
provides the second notice by electronic mail, the notice must:
(i) State "Important notice regarding your
electric service contract" in the subject area of the message.
(ii) Be from an electronic mail address that
is readily identifiable as the retail natural gas supplier or opt-in
governmental aggregator.
(iii)
Include a receipt returned to the sender which confirms that the addressee has
opened the document.
(d)
This paragraph shall not apply to contract renewals which renew on a month-
to-month basis.
(4) For
contract renewals that contain an early termination or cancellation option with
a fee greater than twenty-five dollars for early termination or cancellation or
which contain no option for early termination or cancellation, upon renewal,
the retail natural gas supplier or opt-in governmental aggregator shall notify
the customer of any changes, describe or highlight each change, and also obtain
the customer's affirmative consent to such changes pursuant to any of the
enrollment procedures established in rule
4901:1-29-06 of the
Administrative Code. In addition, the retail natural gas supplier or opt-in
governmental aggregator shall notify the customer that no response will result
in the customer automatically reverting to the natural gas company unless the
customer chooses another retail natural gas supplier or opt-in governmental
aggregator. The notice shall be provided at least forty-five calendar days, but
not more than ninety calendar days, in advance of the contract expiration date,
and comply with paragraphs (G)(2)(a) to (G)(2)(c) of this rule. This paragraph
shall not apply to contract renewals which renew on a month-to-month
basis.
(H) Each customer
has the right to terminate the contract with a retail
natural gas supplier or opt-in governmental aggregator, without penalty, in
either of the following two circumstances:
(1)
The customer relocates outside the territory of the incumbent natural gas
company or within the territory of an incumbent natural gas company that does
not permit portability of the contract.
(2) The contract allows the retail natural
gas supplier or opt-in governmental aggregator to terminate the contract for
any reason other than customer nonpayment or the occurrence of a force majeure
event, including, but not limited to a change in any governing law or
regulation that physically prevents or legally prohibits the retail natural gas
supplier or opt-in governmental aggregator from performing under the terms of
the contract.
(I) No
retail natural gas supplier or opt-in governmental aggregator contract shall
limit or preclude a customer's right to make formal or informal complaints to
the commission. A retail natural gas supplier or opt-in governmental aggregator
shall not require a customer, as part of the terms of service, to engage in
alternative dispute resolution.
