reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-08 - Protective orders

Current through all regulations
			 passed and filed through July 1, 2024
(A) An applicant may file financial
			 statements, financial arrangements, 
			 forecasted financial statements, credit reports, and
			 credit ratings under seal. If these exhibits are filed under seal, they
			 will be afforded protective treatment for a period of six years from the date
			 of the certificate for which the information is being provided.
(B) An applicant may file a motion for a
			 protective order covering information not covered under paragraph (A) of this
			 rule. If the motion is filed in conformance with rule
			 4901:1-24-07 of the
			 Administrative Code, it 
								will be automatically approved on the
			 thirty-first day after the date of filing and the information
			 
								will be
			 afforded protective treatment for a period of six years from the date of the
			 certificate for which the information is being provided, unless the commission
			 or an attorney examiner appointed by the commission rules otherwise.
(C) At the expiration of the six-year period
			 provided for in paragraphs (A) and (B) of this rule, the information will be
			 automatically released into the open record.
(D) An applicant wishing to extend a
			 protective order beyond the six-year time period provided for in paragraphs (A)
			 and (B) of this rule must comply with paragraph (F) of rule
			 4901-1-24 of the Administrative
			 Code.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-09 - Certification renewal

Current through all regulations
			 passed and filed through July 1, 2024
(A)
								 No less than
			 thirty and no more than sixty calendar days prior to the expiration date
			 indicated on the competitive retail electric service provider's certificate,
			 the provider shall file an application with the commission for certification
			 renewal on forms supplied by the commission.
(B)
								 Any renewal
			 application filed fewer than thirty calendar days prior to the expiration date
			 indicated on the certificate, but no later than the expiration date on the
			 certificate, shall be filed with a motion requesting an extension of the
			 certificate. If the motion is filed in conformance with rule
			 4901:1-24-07 or
			 4901:1-24-13
			 of the Administrative Code, it shall be deemed automatically approved unless,
			 within three business days of its filing, the commission or an attorney
			 examiner appointed by the commission rules otherwise.
(C)
								 The applicant
			 shall, as instructed by the renewal form, update the information supplied with
			 an applicant's initial certification application.
Replaces: 4901:1-24-09
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-09 - Certification renewal

Current through all regulations
			 passed and filed through July 1, 2024
(A) No less than thirty and no more than
			 
								ninety
			 calendar days prior to the expiration date indicated on the competitive retail
			 electric service provider's certificate, the provider shall file an application
			 with the commission for certification renewal on forms supplied by the
			 commission.
(B)
								
								If any
			 renewal application is filed fewer than thirty
			 calendar days prior to the expiration date indicated on the certificate, but no
			 later than the expiration date on the certificate, then
			 the existing certificate automatically will be extended thirty-one days from
			 the date of the renewal application was accepted by the commission.
(C) The
			 applicant shall, as instructed by the renewal form, update the information
			 supplied with an applicant's initial certification application.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-10 - Application approval or denial

Current through all regulations
			 passed and filed through July 1, 2024
(A)
								 If the
			 commission does not act upon an application for certification or certification
			 renewal within thirty days of the filing date, the application shall be deemed
			 automatically approved pursuant to section
			 4928.08 of the Revised Code on
			 the thirty-first day after the official filing date.
(1)
									 Upon good cause
			 shown, the commission, or an attorney examiner appointed by the commission, may
			 suspend an application.
(2)
									 If the commission, or an attorney examiner appointed
			 by the commission, has acted to suspend an application, the commission
			 will:
(a)
										
			 Docket its decision, and notify the applicant of the reasons for such
			 suspension and may direct the applicant to furnish any additional information
			 as the commission deems necessary to evaluate the application.
(b)
										 Act to approve
			 or deny the application within ninety calendar days from the date that the
			 application was suspended.
(c)
										 At its
			 discretion, set the matter for hearing.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-11 - Material changes to business operations

Current through all
			 regulations passed and filed through July 1, 2024
(A)
								 Competitive
			 retail electric service (CRES) providers shall inform the commission of any
			 material change to the information supplied in a certification or certification
			 renewal application within thirty calendar days of such material change.
(1)
									 A CRES provider
			 shall file such notice under the docket number assigned to the CRES provider's
			 initial certification or most recent certification renewal application,
			 whichever is the most recent.
(2)
									 After notice and
			 an opportunity for a hearing, the commission may suspend, rescind, or
			 conditionally rescind a CRES provider's certificate if it determines that the
			 material change will adversely affect the CRES provider's fitness or ability to
			 provide the services it is certified to provide.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-12 - Transfer or abandonment of a certificate

Current
			 through all regulations passed and filed through July 1,
			 2024
(A)
								 A competitive retail electric service (CRES) provider
			 shall not transfer its certificate to any person without prior commission
			 approval.
(1)
									
			 A CRES provider may apply for commission approval to transfer its certificate
			 by filing a certificate transfer application.
(2)
									 A transfer
			 application shall be automatically approved on the thirty-first day after
			 filing, unless the commission acts to suspend or reject the
			 application.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-12 - Transfer or abandonment of a certificate

Current through all
			 regulations passed and filed through July 1, 2024
(A) A competitive retail electric service
			 (CRES) provider shall not transfer its certificate to any person without prior
			 commission approval.
(1) A CRES provider may
			 apply for commission approval to transfer its certificate by filing a
			 certificate transfer application.
(2) A transfer application shall be
			 automatically approved on the thirty-first day after filing, unless the
			 commission acts to suspend or reject the application.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-13 - Certification suspension, rescission, or conditional rescission

Current through all regulations passed and filed through July 1,
			 2024
(A)
								 After notice and the opportunity for a hearing, the
			 commission may, upon its own motion or upon complaint, suspend, rescind, or
			 conditionally rescind a competitive retail electric service (CRES) provider's
			 certificate, in whole or in part, for good cause shown.
(B)
								 If the
			 commission suspends a CRES provider's certificate:
(1)
									 The commission
			 will notify the CRES provider of the reasons and effective dates for such
			 suspension and specify the actions, including associated time frames, that the
			 CRES provider must take in order to have the suspension lifted.
(2)
									 The CRES
			 provider shall continue to provide all services it is obligated to provide
			 under contract to its existing customers but it shall not advertise, offer, or
			 contract to provide any new CRES to existing customers nor advertise, offer, or
			 contract to provide any CRES to potential customers during the suspension,
			 unless the commission orders otherwise. Such suspensions and related
			 prohibitions against advertising, offering, or entering into contracts apply
			 statewide unless otherwise ordered by the commission.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-14 - Financial security

Current through all regulations passed and
			 filed through July 1, 2024
(A)
								 Pursuant to a
			 tariff filed with the commission in accordance with rule
			 4901:1-10-29
			 of the Administrative Code, an electric utility may require a retail electric
			 generation service provider to issue and maintain financial security with the
			 electric utility to protect the electric utility in the event that the retail
			 electric generation service provider fails, in whole or in part, to deliver
			 contracted retail generation service to a customer for which the electric
			 utility supplied to the customer in its capacity as default
			 supplier.
(B)
								 An electric utility may require a retail electric
			 generation service provider to furnish financial and other information
			 contained in its tariff to determine the type and/or amount of the financial
			 security required for compliance with paragraph (A) of this
			 rule.
(C)
								 If a retail electric generation service provider fails
			 to maintain sufficient financial security to protect an electric utility from
			 default by the retail electric generation service provider, the electric
			 utility may apply for relief at the commission. In accordance with rule
			 4901:1-24-13
			 of the Administrative Code, the commission, upon its own motion or upon
			 complaint, may suspend, rescind, or conditionally rescind a retail electric
			 generation service provider's certificate for failure to maintain sufficient
			 financial security at any electric utility as required by this rule.
Replaces: 4901:1-24-08
Effective: 12/1/2014
Five Year
				Review (FYR) Dates: 07/25/2019
Promulgated Under:
				111.15
Statutory
				Authority: 4928.06,
				4928.08
Rule
				Amplifies: 4928.14,
				4928.16
Prior
				Effective Dates: 9/18/00, 6/29/09
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-15 - Regulatory assessments

Current through all regulations passed and
			 filed through July 1, 2024
(A)
								 In accordance
			 with sections 4905.10,
			 4911.18, and division (F) of
			 section 4928.06 of the Revised Code,
			 each competitive retail electric service (CRES) provider is subject to an
			 annual assessment based upon its intrastate gross receipts or gross earnings
			 (collectively "gross revenue") associated with the provision of each CRES which
			 it is certified to provide.
(B)
								 Each CRES
			 provider that provides retail electric generation service shall, in the manner
			 and on the date specified by the commission or its staff, file an annual report
			 of the gross revenue derived from its intrastate sales of kilowatt-hours of
			 electricity. For the purpose of the report, sales of kilowatt-hours of
			 electricity are deemed to occur at the meter of a retail
			 customer.
(C)
								 Each CRES provider that provides a CRES(s) in addition
			 to, or other than, retail electric generation service shall, in the manner and
			 on the date specified by the commission or its staff, file an annual report of
			 the intrastate gross revenue derived from its provision of such service(s). For
			 the purpose of the report, sales of kilowatt-hours of electricity are deemed to
			 occur at the meter of a retail customer.
(D)
								 Each CRES
			 provider shall maintain detailed records to support the information provided
			 pursuant to paragraphs (B) and (C) of this rule. Such records and information
			 are subject to audit by the commission.
(E)
								 In instances
			 where a CRES provider underreports its gross revenue, the commission may, in
			 computing an assessment made pursuant to paragraph (A) of this rule, include
			 any gross revenues that were underreported in a prior year. The commission
			 shall also, in addition to any other penalty under the Revised Code, assess the
			 provider interest on the amount underreported at the rate stated in section
			 1343.01 of the Revised
			 Code.
(F)
								 A governmental aggregator may authorize its electric
			 services company, or a designated agent, to file, on its behalf, any report
			 required by this rule.
Replaces: 4901:1-24-07
Effective: 12/1/2014
Five Year
				Review (FYR) Dates: 07/25/2019
Promulgated Under:
				111.15
Statutory
				Authority: 4928.06,
				4928.08
Rule
				Amplifies: 4928.06,
				4928.08,
				4905.10,
				4911.18
Prior
				Effective Dates: 9/18/00, 6/29/09
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-24 - Certification of CRES Providers › Section 4901:1-24-16 - Noncompliance with rules or orders

Current through all regulations
			 passed and filed through July 1, 2024
In addition to penalties specified in
				rule
				4901:1-24-13
				of the Administrative Code, any person subject to certification under section
				4928.08 of the Revised Code that
				fails to comply with any rule in this chapter or with sections
				4928.01 to
				4928.10 of the Revised Code or
				any commission order issued thereunder may be subject to any and all remedies
				available under the law, including but not limited to the
				following:
(A)
								 Forfeiture to the state of not more than ten thousand
			 dollars for each failure. Each day's continuance of the violation is a separate
			 offense.
(B)
								 Rescission of a customer contract.
(C)
								 Restitution or
			 damages to the customer/consumer.
Replaces: 4901:1-24-13
Effective: 12/1/2014
Five Year
				Review (FYR) Dates: 07/25/2019
Promulgated Under:
				111.15
Statutory
				Authority: 4928.06,
				4928.08
Rule
				Amplifies: 4905.54,
				4928.08,
				4928.16
Prior
				Effective Dates: 9/18/00, 6/19/09
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-25 - Market Monitoring › Section 4901:1-25-01 - Definitions

Current through all regulations passed and filed
			 through July 1, 2024
As used in this chapter:
(A) "Aggregation
			 service" means the act of combining the electric load of multiple customers for
			 the purposes of supplying or arranging for the supply of competitive retail
			 electric generation service to those customers.
(B)
								"Aggregated
			 group" means the municipal corporation, board of township trustees, or board of
			 county commissioners that, by ordinance or resolution, aggregated the
			 customers' retail electric loads within its jurisdiction.
(C) "Aggregator" means a person who provides
			 aggregation service.
(D)
			 "Commission" means the public utilities commission of Ohio.
(E)
			 "Competitive retail electric service" (CRES) has the meaning set forth in
			 division (A)(4) of section
			 4928.01 of the Revised Code.
(F)
			 "Distributed energy resources" has the
			 same meaning as that set forth in rule
			 4901:1-22-01 of the
			 Administrative Code.
(G) "Electric utility"
			 has
			 the same meaning as
			 that set forth in division (A)(11) of section
			 4928.01 of the Revised Code.
(H) "Governmental
			 aggregator" has the same meaning
			 as that set forth in division (A)(13) of section
			 4928.01 of the Revised Code. In
			 accordance with division (F) of section
			 4928.20 of the Revised Code, a
			 governmental aggregator is not a public utility engaging in the wholesale
			 purchase and resale of electricity, and provision of the aggregation service is
			 not a wholesale utility transaction.
(I) "Green pricing
			 program" has the same meaning as
			 set forth in rule
			 4901:1-42-01 of the
			 Administrative Code.
(J) "Independent power
			 producer" means an owner of generation who sells at least a portion of the
			 electric energy from that generation at retail.
(K)
			 "Interconnection applicant" has the same meaning as "applicant" in paragraph (A)
			 of rule
			 4901:1-22-01 of the
			 Administrative Code.
(L) "Interconnection
			 application" has the same meaning as "application" in paragraph (B)
			 of rule
			 4901:1-22-01 of the
			 Administrative Code.
(M) "Certificate number" means the authorized
			 identification number of an approved certification to provide a CRES as granted
			 to the provider by the commission in accordance with the provisions of section
			 4928.08 of the Revised
			 Code.
(N) "Power marketer"
			 has the same meaning as that set forth in rule
			 4901:1-24-01 of the
			 Administrative Code.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-25 - Market Monitoring › Section 4901:1-25-02 - Market monitoring, distributed energy resource, and interconnection reporting

Current through all regulations passed and filed
			 through July 1, 2024
(A)
								On a quarterly basis,
								each electric
			 utility
								power marketer, independent power producer, and governmental
			 aggregator subject to certification under section
			 4928.08 of the Revised Code
			 shall submit market monitoring data to the commission or its staff,
			 
								in an
			 electronic format via the commission's website and according to the
			 instructions on the commission's website.
(B)
								On a quarterly basis, each electric utility shall
			 submit distributed energy resource data to the commission or its staff in
			 electronic form according to the instructions available on the commission's
			 website.
(C)
								On a quarterly basis, each electric utility shall
			 submit data related to pending interconnection applications to the commission
			 or its staff in electronic form according to the instructions available on the
			 commission's website.
(D) The
			 following information  provided to the commission
			 and/or staff for purposes of this chapter
								 will be held as confidential.
(1)
									For data related
			 to pending interconnection applications:
(a)
										Name and contact
			 information of the electric utility employee who is directly responsible for
			 processing the interconnection application and/or interacting with the
			 interconnection applicant.
(b)
										Description of
			 each interconnection request in terms of the amount and type of generation for
			 which interconnection is being sought, and the location of the proposed
			 interconnection.
(c)
										Copies of any and all written notices required by
			 paragraphs (C)(3), (C)(4), (C)(5), (C)(6), and (C)(7) of rule
			 4901:1-22-04 of the
			 Administrative Code.
(d)
										Description of the status of each interconnection
			 application in terms of process steps that have been completed, process steps
			 that remain to be completed, and any progress or lack thereof in addressing
			 issues.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-26 - Dispute Resolution › Section 4901:1-26-01 - Purpose and scope

Current through all regulations passed and
			 filed through July 1, 2024
The alternative dispute resolution procedures in this chapter
				are available for pending formal complaints between nonmercantile,
				nonresidential customers, on the one hand, and electric utilities, electric
				service companies, electric cooperatives, or governmental aggregators, on the
				other hand. The purpose of this chapter is to facilitate efficient resolution
				of pending formal complaints between nonmercantile, nonresidential customers,
				on the one hand, and electric utilities, electric service companies, electric
				cooperatives, or governmental aggregators, on the other hand. This chapter is
				not intended to alter or diminish the commission's (or its staff's) authority
				to conduct investigations and to take remedial action when deemed necessary.
				This chapter is not intended to alter or diminish the commission's (or its
				staff's) dispute resolution procedures for informal disputes.
Five Year Review (FYR) Dates:
				7/10/2019 and
				07/10/2024
Promulgated
				Under: 111.15
Statutory
				Authority: 4928.06
Rule
				Amplifies: 4928.16
Prior
				Effective Dates: 09/18/2000,
				12/11/2019
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-26 - Dispute Resolution › Section 4901:1-26-02 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
(A) "Mediation" is
			 a voluntary, alternative dispute resolution process available to resolve formal
			 complaints pending at the commission that are between nonmercantile,
			 nonresidential customers, on the one hand, and electric utilities, electric
			 service companies, electric cooperatives, or governmental aggregators, on the
			 other hand. Under this mediation process, a neutral third party, who is
			 independent of the parties, assists the parties in reaching their own
			 settlement. The mediator does not have the power to impose a resolution. The
			 role of the mediator and the goal of the process are to help the parties
			 achieve their own resolution.
(B)
			 "Arbitration" is a voluntary, alternative dispute resolution process available
			 to resolve formal complaints pending at the commission that are between
			 nonmercantile, nonresidential customers, on the one hand, and electric
			 utilities, electric service companies, electric cooperatives, or governmental
			 aggregators, on the other hand. Under this arbitration process, the parties
			 present evidence and legal arguments to a neutral third party, called an
			 arbitrator or an arbitration panel, who renders a decision.
(C) "Commission" means the public utilities
			 commission of Ohio.
(D) "Certified
			 arbitration process" means a commercial arbitration process, the use of which
			 has been approved by the commission pursuant to paragraphs (B) and (J) of rule
			 4901:1-26-04 of the
			 Administrative Code for resolving disputes arising under formal complaints
			 filed with the commission.
Effective: 6/12/2023
Five Year
				Review (FYR) Dates: 7/10/2024
Promulgated Under:
				111.15
Statutory
				Authority: R.C. 4928.06
Rule
				Amplifies: R.C. 4928.16
Prior
				Effective Dates: 09/18/2000
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-26 - Dispute Resolution › Section 4901:1-26-03 - Mediation

Current through all regulations passed and filed through July 1,
			 2024
(A) Any party to a
			 pending formal complaint may ask the commission to mediate that matter
			 by notifying the chief of the electric section of the
			 commission's legal department in writing and serving a copy of the mediation
			 request on the other party in the case.
(B)
			 The other party to the pending formal complaint may provide a response within
			 seven business days of service of the request for mediation.
			 
								Any such
			 response 
								should also be served simultaneously  upon the party requesting the
			 mediation.
(C) The commission will
			 appoint a mediator, who is independent of the parties, to conduct the
			 mediation. The mediator may be commission personnel. The mediator will promptly
			 contact the parties in the case and establish a time to commence mediation. The
			 mediator will work with the parties to establish an appropriate schedule and
			 procedure for the mediation. The mediator may receive technical assistance from
			 commission staff.
(D) The mediator's
			 function is to impartially encourage voluntary settlement by the parties.
			 
			 The mediator may schedule meetings of the parties, direct the parties to
			 prepare for those meetings, hold private caucuses with each party, request that
			 the parties share information, attempt to achieve a mediated resolution, and,
			 if successful, assist the parties in preparing a written agreement.
(E) Parties submitting
			 to mediation under this rule agree to participate, in good faith, in the
			 mediation process for a minimum of thirty calendar days after initiation of the
			 mediation process by the mediator and for a maximum of forty-five calendar
			 days, unless the mediator extends that time frame.
(F) Mediations
			 conducted under this rule 
								are subject to Ohio confidentiality statutes
			 (e.g., Chapter 2710. of the Revised Code).
(G) A
			 member of the commission or a commission employee who serves as mediator
			 , by virtue of having served in such
			 capacity, 
								cannot serve in a decision-making role or as a
			 witness on matters subject to mediation in a formal commission case involving
			 the same parties and the same issues.
Effective: 6/12/2023
Five Year
				Review (FYR) Dates: 7/10/2024
Promulgated Under:
				111.15
Statutory
				Authority: R.C. 4928.06
Rule
				Amplifies: R.C. 4928.16
Prior
				Effective Dates: 09/18/2000,
				12/11/2014
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-27 - Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4901:1-27-02 - Purpose and scope

Current through all regulations
			 passed and filed through July 1, 2024
Under the rules in this chapter:
(A) Any retail natural gas supplier or
			 governmental aggregator that intends to offer or provide a competitive retail
			 natural gas service in this state shall obtain a certificate to operate from
			 the commission before commencing operations.
(B)
								 The commission
			 may, upon an application or a motion filed by a party, waive any requirement of
			 this chapter, other than a requirement mandated by statute, for good cause
			 shown.
(C) This chapter does not apply to a billing
			 and collection agent if it is a fully independent agent, not affiliated with or
			 otherwise controlled by a retail natural gas supplier or governmental
			 aggregator subject to certification under section
			 4929.20 of the Revised Code, to
			 the extent that the agent is under contract with such supplier or aggregator
			 solely to provide billing and collection for competitive retail natural gas
			 service on behalf of the supplier or aggregator. Nothing in this rule exempts
			 such supplier or aggregator from liability for the acts of its billing and
			 collection agents.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-27 - Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4901:1-27-02 - Purpose and scope

Current through all regulations passed and
			 filed through July 1, 2024
Under the rules in this chapter:
(A)
			 The commission may, upon an application or a motion filed by a party, waive any
			 requirement of this chapter, other than a requirement mandated by statute, for
			 good cause shown.
(B) This chapter does
			 not apply to a billing and collection agent if it is a fully independent agent,
			 not affiliated with or otherwise controlled by a retail natural gas supplier or
			 governmental aggregator subject to certification under section
			 4929.20 of the Revised Code, to
			 the extent that the agent is under contract with such supplier or aggregator
			 solely to provide billing and collection for competitive retail natural gas
			 service on behalf of the supplier or aggregator. Nothing in this rule exempts
			 such supplier or aggregator from liability for the acts of its billing and
			 collection agents.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-27 - Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4901:1-27-03 - General prohibitions

Current through all regulations passed
			 and filed through July 1, 2024
(A)
								
								No retail natural gas
			 
								supplier or governmental
								aggregator shall offer, contract for, or supply
			 competitive retail natural gas service in this state without a valid
			 certificate.
(B) Nothing in this rule is intended to
			 prohibit a person from conducting market research or advertisements designed
			 solely to ascertain and raise public awareness and/or improve name
			 recognition.
(C) Enforcement of any
			 rule in this chapter or commission order adopted thereunder will be conducted
			 in accordance with Chapter 4901:1-34 of the Administrative Code.
Effective: 12/1/2014
Five Year
				Review (FYR) Dates: 07/24/2014 and
				12/01/2019
Promulgated
				Under: 111.15
Statutory
				Authority: 4929.10,
				4929.20
Rule
				Amplifies: 4929.20,
				4929.30,
				4905.04
Prior
				Effective Dates: 7/4/02, 4/13/07
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-27 - Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4901:1-27-04 - Expired certificates

Current through all regulations
			 passed and filed through July 1, 2024
Any retail natural gas supplier or
				governmental aggregator that fails to file an application for certification
				renewal pursuant to rule
				4901:1-27-09
				of the Administrative Code prior to the expiration date on the certificate must
				file a new application for certification in a new case and may request, no
				later than sixty days after the expiration date on the certificate, to extend
				its previous certificate during the pendency of the new application review. If
				the motion is filed in conformance with rule
				4901:1-27-07 of the
				Administrative Code, it shall be deemed automatically approved unless, within
				three business days of filing, the commission or an attorney examiner appointed
				by the commission rules otherwise.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-27 - Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4901:1-27-04 - Expired certificates

Current through all regulations passed
			 and filed through July 1, 2024
Any retail natural gas supplier or governmental aggregator that
				fails to file an application for certification renewal pursuant to rule
				4901:1-27-09 of the
				Administrative Code prior to the expiration date on the certificate must file a
				new application for certification under the existing
				certification case number
								 and may request, no later than sixty days after the expiration
				date on the certificate, to extend its previous certificate
				for up to ninety days while
								 the new application
				is
								reviewed. If the motion is filed in conformance with
				rule 4901:1-27-07 of the
				Administrative Code, it 
								will be deemed automatically approved unless,
				within three business days of filing, the commission or an attorney examiner
				appointed by the commission rules otherwise.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-27 - Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4901:1-27-05 - Application content

Current through all regulations
			 passed and filed through July 1, 2024
(A)
								 An application
			 for certification or certification renewal shall be made on forms supplied by
			 the commission. The application forms shall provide for sufficient information
			 to enable the commission to assess an applicant's managerial, financial, and
			 technical capability to provide the service it intends to offer, its ability to
			 provide reasonable financial assurances sufficient to protect customers and
			 natural gas companies from the consequences of default, and its ability to
			 comply with commission rules or orders.
(B)
								 The applicant
			 shall complete the appropriate application form (e.g., retail natural gas
			 marketer, retail gas aggregator/broker, or governmental aggregator) in its
			 entirety and supply all required attachments, affidavits, and evidence of
			 capability specified by the form at the time an application is filed.
(1)
									 A natural gas
			 marketer shall file general, technical, managerial, and financial information
			 as set forth in the application. This information includes, but is not limited
			 to:
(a)
										
			 Ownership and organizational descriptions.
(b)
										 Managerial
			 experience and capabilities.
(c)
										 Credit ratings
			 and relevant financial information including financial statements, financial
			 arrangements, and forecasted financial statements.
(d)
										 Technical
			 ability and experience in nominating, scheduling, and providing natural gas to
			 retail customers.
(e)
										 Proof of an Ohio office and an employee in this state
			 in accordance with division (G) of section
			 4929.22 of the Revised
			 Code.
(f)
										 Statements as to whether the applicant has ever been
			 terminated from any choice program; if applicant's certification has ever been
			 revoked or suspended; if applicant has ever been in default for failure to
			 deliver; or if there are pending or past regulatory or judicial actions against
			 the applicant or past rulings finding against the applicant.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-27 - Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4901:1-27-05 - Application content

Current through all regulations
			 passed and filed through July 1, 2024
(A) An application for certification or
			 certification renewal shall be made on forms supplied by the commission.
(B) The applicant shall complete the
			 appropriate application form (e.g., retail natural gas marketer, retail gas
			 aggregator/broker, or governmental aggregator) in its entirety and supply all
			 required attachments, affidavits, and evidence of capability specified by the
			 form at the time an application is filed.
(1)
			 A natural gas marketer shall file general, technical, managerial, and financial
			 information as set forth in the application. This information includes, but is
			 not limited to:
(a) Ownership and
			 organizational descriptions.
(b)
			 Managerial experience and capabilities.
(c) Credit ratings and relevant financial
			 information including financial statements, financial arrangements, and
			 forecasted financial statements.
(d) Technical ability and experience in
			 nominating, scheduling, and providing natural gas to retail
			 customers.
(e) Proof of an Ohio
			 office and an employee in this state in accordance with division (G) of section
			 4929.22 of the Revised
			 Code.
(f) Statements as to whether
			 the applicant has ever been terminated from any choice program; if applicant's
			 certification has ever been revoked or suspended; if applicant has ever been in
			 default for failure to deliver; or if there are pending or past regulatory or
			 judicial actions against the applicant or past rulings finding against the
			 applicant.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-27 - Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4901:1-27-06 - Affidavits

Current through all regulations passed and filed through July 1,
			 2024
In addition to all other affidavits
				required by this chapter, each applicant shall submit with its application, on
				forms prescribed by the commission, affidavits attesting that:
(A)
								 The information
			 provided by the applicant on its application form and supporting attachments is
			 complete, true, and accurate to the best knowledge of the
			 applicant.
(B)
								 The applicant will timely file an annual report of its
			 intrastate gross receipts and sales of hundred cubic feet of natural gas
			 pursuant to division (A) of section
			 4905.10, division (A) of section
			 4911.18, and division (B) of
			 section 4929.23 of the Revised
			 Code.
(C)
								 The applicant will timely pay any assessment made
			 pursuant to section 4905.10 or division (A) of
			 section 4911.18 of the Revised
			 Code.
(D)
								 The applicant will comply with all applicable
			 commission rules or orders adopted pursuant to Title XLIX of the Revised
			 Code.
(E)
								 The applicant will cooperate with the commission and
			 its staff in the investigation of any complaint regarding any service offered
			 or provided by the applicant.
(F)
								 The applicant
			 will comply with section
			 4929.21 of the Revised Code
			 regarding consent to the jurisdiction of Ohio courts and the service of
			 process.
Replaces: 4901:1-27-05
Effective: 12/1/2014
Five Year
				Review (FYR) Dates: 12/01/2019
Promulgated Under:
				111.15
Statutory
				Authority: 4929.10,
				4929.20
Rule
				Amplifies: 4929.20,
				4929.23,
				4905.10,
				4911.18,
				4929.21
Prior
				Effective Dates: 7/4/02, 4/13/07
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-27 - Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4901:1-27-07 - Motions

Current through all regulations passed and
			 filed through July 1, 2024
(A)
								 Motions filed by
			 an applicant (e.g., motions for extension of the certificate and motions for
			 protective order) must be filed by an attorney authorized to practice law in
			 the state of Ohio.
(B)
								 An out-of-state attorney may seek permission to appear
			 pro hac vice before the commission in any case upon the filing of a motion.
			 Such motions shall include all the information and documents required by rule
			 XII, section 2(A)(6) of the "Supreme Court rules for the government of the bar"
			 of Ohio.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-27 - Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4901:1-27-07 - Motions

Current through all regulations passed and
			 filed through July 1, 2024
(A) Motions filed by an applicant (e.g.,
			 motions for extension of the certificate and motions for protective order) must
			 be filed by an attorney authorized to practice law in the state of
			 Ohio.
(B) An out-of-state attorney
			 may seek permission to appear pro hac vice before the commission in any case
			 upon the filing of a motion, consistent with rule
			 4901-1-08 of the Administrative
			 Code.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-27 - Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4901:1-27-08 - Protective orders

Current through all regulations
			 passed and filed through July 1, 2024
(A)
								 An applicant may
			 file financial statements, financial arrangements, and forecasted financial
			 statements under seal. If these exhibits are filed under seal, they will be
			 afforded protective treatment for a period of six years from the date of the
			 certificate for which the information is being provided.
(B)
								 An applicant may
			 file a motion for protective order covering information not covered under
			 paragraph (A) of this rule. If the motion is filed in conformance with rule
			 4901:1-27-07 of the
			 Administrative Code, it shall be automatically approved on the thirty-first day
			 after the date of filing and the information shall be afforded protective
			 treatment for a period of six years from the date of the certificate for which
			 the information is being provided, unless the commission or an attorney
			 examiner appointed by the commission rules otherwise.
(C)
								 At the
			 expiration of the six-year period provided for in paragraphs (A) and (B) of
			 this rule, the information will be automatically released into the open
			 record.
(D)
								 An applicant wishing to extend a protective order
			 beyond the six-year time period provided for in paragraphs (A) and (B) of this
			 rule must file a motion that complies with rule
			 4901-1-24
			 of the Administrative Code.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-27 - Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4901:1-27-08 - Protective orders

Current through all regulations
			 passed and filed through July 1, 2024
(A) An applicant may file financial
			 statements, financial arrangements, 
			 forecasted financial statements, credit reports, and
			 credit ratings under seal. If these exhibits are filed under seal, they
			 will be afforded protective treatment for a period of six years from the date
			 of the certificate for which the information is being provided.
(B) An applicant may file a motion for
			 protective order covering information not covered under paragraph (A) of this
			 rule. If the motion is filed in conformance with rule
			 4901:1-27-07 of the
			 Administrative Code, it 
								will be automatically approved on the
			 thirty-first day after the date of filing and the information
			 
								will be
			 afforded protective treatment for a period of six years from the date of the
			 certificate for which the information is being provided, unless the commission
			 or an attorney examiner appointed by the commission rules otherwise.
(C) At the expiration of the six-year period
			 provided for in paragraphs (A) and (B) of this rule, the information will be
			 automatically released into the open record.
(D) An applicant wishing to extend a
			 protective order beyond the six-year time period provided for in paragraphs (A)
			 and (B) of this rule must file a motion that complies with rule
			 4901-1-24 of the Administrative
			 Code.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-27 - Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4901:1-27-09 - Certification renewal

Current through all regulations
			 passed and filed through July 1, 2024
(A)
								 No less than
			 thirty and no more than sixty days prior to the expiration date indicated on
			 the retail natural gas supplier's or governmental aggregator's certificate, the
			 retail natural gas supplier or governmental aggregator shall file an
			 application with the commission for certification renewal on forms provided by
			 the commission.
(B)
								 Any renewal application filed fewer than thirty
			 calendar days prior to the expiration date indicated on the certificate, but no
			 later than the expiration date on the certificate, shall be filed with a motion
			 requesting an extension of the certificate. If the motion is filed in
			 conformance with rule
			 4901:1-27-07 of the
			 Administrative Code, it shall be deemed automatically approved unless, within
			 three business days of its filing, the commission or an attorney examiner
			 appointed by the commission rules otherwise.
(C)
								 The applicant
			 shall, as instructed by the renewal form, update the information supplied with
			 an applicant's initial certification application.
(D)
								 The commission
			 will act to approve, deny, or suspend an application for certification renewal
			 pursuant to the same processes, standards, and timelines delineated in rule
			 4901:1-27-10
			 or
			 4901:1-27-13
			 of the Administrative Code.
Replaces: 4901:1-27-09
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-27 - Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4901:1-27-09 - Certification renewal

Current through all regulations
			 passed and filed through July 1, 2024
(A) No less than thirty and no more than
			 
								ninety
			 days prior to the expiration date indicated on the retail natural gas
			 supplier's or governmental aggregator's certificate, the retail natural gas
			 supplier or governmental aggregator shall file an application with the
			 commission for certification renewal on forms provided by the
			 commission.
(B)
								If
								
								any renewal application is filed fewer than thirty calendar days prior to the
			 expiration date indicated on the certificate, but no later than the expiration
			 date on the certificate, then the existing certificate
			 automatically will be extended thirty-one days from the date the renewal
			 application was accepted by the commission.
(C) The applicant shall, as instructed by the
			 renewal form, update the information supplied with an applicant's initial
			 certification application.
(D) The
			 commission will act to approve, deny, or suspend an application for
			 certification renewal pursuant to the same processes, standards, and timelines
			 delineated in rule
			 4901:1-27-10 or
			 4901:1-27-13 of the
			 Administrative Code.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-27 - Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4901:1-27-10 - Application approval or denial

Current through all regulations
			 passed and filed through July 1, 2024
(A)
								 If the
			 commission does not act upon an application for certification or certification
			 renewal within thirty days of the filing date, the application shall be deemed
			 automatically approved pursuant to section
			 4929.20 of the Revised Code on
			 the thirty-first day after the official filing date.
(1)
									 Upon good cause
			 shown, the commission, or an attorney examiner appointed by the commission, may
			 suspend its consideration of an application.
(2)
									 If the
			 commission, or an attorney examiner appointed by the commission, acts to
			 suspend an application, it will:
(a)
										 Docket its decision and notify the applicant of the
			 reasons for such suspension and may direct the applicant to furnish any
			 additional information as the commission deems necessary to evaluate the
			 application.
(b)
										 Act to approve or deny the application within ninety
			 days from the date that the application was suspended.
(c)
										 At its
			 discretion, set the matter for hearing.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-27 - Certification of Governmental Aggregators and Retail Natural Gas Suppliers › Section 4901:1-27-11 - Material changes to business operations

Current through all
			 regulations passed and filed through July 1, 2024
(A)
								 A retail natural
			 gas supplier or governmental aggregator shall file with the commission
			 notification of any material change to the information supplied in a
			 certification or most recent certification renewal application within thirty
			 days of such material change.
(1)
									 A retail natural gas supplier or governmental
			 aggregator shall file such notice under the docket number assigned to the
			 retail natural gas supplier's or governmental aggregator's initial
			 certification or most recent certification renewal application, whichever is
			 the most recent.
(2)
									 After notice and an opportunity for a hearing, the
			 commission may suspend, rescind, or conditionally rescind a retail natural gas
			 supplier's or governmental aggregator's certificate if it determines that the
			 material change will adversely affect the retail natural gas supplier's or
			 governmental aggregator's fitness or ability to provide the services for which
			 it is certified; or to provide reasonable financial assurances sufficient to
			 protect natural gas companies and the regulated sales service customers from
			 default.