Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-29 - Minimum Standards for Competitive Retail Natural Gas Service › Section 4901:1-29-06 - Customer enrollment and consent

Current through all regulations
			 passed and filed through July 1, 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 
								needs consent to enroll
								 potential customers
			  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
			 
									constitutes 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.