Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-28 - Aggregation with Prior Consent › Section 4901:1-28-03 - Formation and operation of an opt-out governmental aggregation and minimum requirements for operations and governance plans

Current through
			 all regulations passed and filed through July 1, 2024
(A) Prior to applying for certification at
			 the commission, a governmental aggregator that will form an opt-out aggregation
			 shall complete all of the requirements specified in divisions (A) to (D) of
			 section 4929.26 of the Revised Code,
			 including adopting an ordinance or resolution authorizing an opt-out
			 aggregation, conducting a general or special election in accordance with
			 division (B) of section
			 4929.26 of the Revised Code for
			 authorization from electors to form the aggregation, and approving a plan for
			 operation and governance of the aggregation as specified by division (C) of
			 section 4929.26 of the Revised
			 Code.
(B) The operation and
			 governance plan adopted shall detail the services that will be provided under
			 the aggregation and specify all customer rights and obligations under the
			 aggregation. The plan shall be sufficiently detailed to allow customers to
			 readily understand the services that the governmental aggregator is to provide
			 and to compare those services against similar services provided by competitive
			 suppliers. The governmental aggregator shall write the plan in clear and plain
			 language so that an average residential customer can easily understand it. The
			 plan shall, at a minimum, contain all of the following:
(1) A detailed description of services the
			 governmental aggregator is to provide under the aggregation, including noting
			 whether the service is to be provided directly by the governmental aggregator
			 or by a party contracted by the governmental aggregator.
(2) A description of the processes that the
			 governmental aggregator will use to determine the rates that will be
			 charged.
(3) A detailed description
			 of the governmental aggregator's plan for providing the required opt-out
			 disclosure notices to eligible governmental aggregation
			 customers. The plan shall describe the steps that the governmental
			 aggregator will take to ensure that all eligible governmental aggregation customers residing within the
			 governmental aggregator's governmental boundaries are notified. The plan shall
			 also identify the time frames associated with the notice.
(4) A detailed description of the process for
			 developing the pool of customer accounts that may be included in the
			 aggregation, including the steps that will be taken to identify and eliminate
			 customers that are not eligible to participate in the aggregation and eligible
			 governmental aggregation customers who opt out of
			 the aggregation.
(5) The
			 governmental aggregator's plan for billing customers, including an
			 identification of billing intervals and the identity of the entity that will
			 transmit the bill to the customer.
(6) A listing of any credit or deposit
			 procedures and the policies that the governmental aggregator will employ in the
			 event that a customer fails to pays its bill.
(7) A detailed description of the
			 governmental aggregator's customer service procedures and dispute resolution
			 processes, including notice of the customer's right to contact the commission
			 and the commission's toll-free and Ohio relay
			 service telephone numbers for its call center. These procedures and
			 processes shall comport with the requirements specified in rule
			 4901:1-29-08
			 of the Administrative Code.
(8) A
			 detailed description of the policies associated with a customer moving into the
			 aggregation or within the aggregation where the incumbent natural gas company
			 considers the customer that is moving to be a new customer. If the policies
			 provide that these customers will be automatically included in the aggregation,
			 the governmental aggregator shall provide the customers an opportunity to
			 
									opt
			 out of the aggregation in accordance with the procedures set forth in
			 rule
			 4901:1-28-04
			 of the Administrative Code.
(9) A
			 detailed description of the policies associated with a customer moving within
			 the aggregation where the customer is not assigned a new account number by the
			 incumbent natural gas company. A customer in these circumstances may maintain
			 the rate that the customer was charged at its previous location or, if the rate
			 at the new location is higher than at the customer's previous location, the
			 customer shall have the opportunity to opt out of the aggregation without
			 penalty, pursuant to the procedures set forth in rule
			 4901:1-28-04
			 of the Administrative Code.
(10) A
			 description of the governmental aggregator's policies regarding the ability of
			 a customer who had previously opted out of the aggregation to join the
			 aggregation, including identification of any associated conditions.