Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-21 - Competitive Retail Electric Service Providers › Section 4901:1-21-16 - Formation and operation of an opt-out governmental aggregation

Current through all regulations passed and filed through July 1,
			 2024
(A) Prior to
			 applying for certification from the commission, a governmental aggregator
			 seeking to form an opt-out aggregation shall complete all of the requirements
			 specified in divisions (A) to (C) of section
			 4928.20 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
			 4928.20 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 4928.20 of the Revised
			 Code.
(B) The operation and
			 governance plan adopted shall detail the services to 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 to similar services provided by competitive
			 suppliers. The governmental aggregator shall write the plan in clear and plain
			 language so that customers can easily understand it. The plan shall, at a
			 minimum, contain all of the following:
(1) A
			 detailed description of services that the governmental aggregator is to provide
			 under the aggregation, 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, including the applicable surcharge that may be charged to
			 customers pursuant to division (I) of section
			 4928.20 of the Revised
			 Code.
(3) A description of the
			 process that the governmental aggregator will use to notify customers if the
			 governmental aggregator chooses to implement division (J) of section
			 4928.20 of the Revised Code,
			 including a description of the potential impact on the customers in the
			 aggregation program.
(4) A detailed
			 description of the governmental aggregator's plan for providing the required
			 opt-out disclosure notices to customers. The plan shall describe the steps that
			 the governmental aggregator will take to ensure that all eligible customers
			 residing within the governmental aggregator's boundaries are notified. The plan
			 shall also identify the time frames associated with the opt-out disclosure
			 notice.
(5) A detailed description
			 of the process for developing the pool of customer accounts that will be
			 included in the aggregation, including the steps that the governmental
			 aggregator will take to identify and exclude from the pool customers who have
			 opted out of the aggregation and customers that are otherwise
			 ineligible.
(6) A detailed
			 description of the governmental aggregator's opt-out process and opt-out
			 methodologies. The process shall include provisions for customers to opt out,
			 including returning a postcard or similar notice to the governmental
			 aggregator. The process may include, in addition, other opt-out methods, such
			 as telephonic or internet notice, provided that these alternative methods allow
			 for verification of a customer's election to opt out of the
			 aggregation.
(7) A detailed
			 description of the customer classes that the governmental aggregator intends to
			 include in its aggregation pool.
(8) 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.
(9) A listing of any credit or deposit
			 procedures and policies that the governmental aggregator will employ in the
			 event the customer fails to pay its bill(s).
(10) 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 
									number and telephone number through
			 which hearing and speech impaired customers may contact the commission.
			 These procedures and processes shall comply with the requirements specified in
			 rule
			 4901:1-21-08
			 of the Administrative Code.
(11) A
			 detailed description of the policies associated with a customer moving into the
			 aggregation or within the aggregation where the electric utility 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 customer an opportunity to opt out of
			 the aggregation in accordance with the procedures set forth in rule
			 4901:1-21-17
			 of the Administrative Code.
(12) 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
			 electric utility. A customer in these circumstances shall 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
			 4901:1-21-17
			 of the Administrative Code.
(13) A
			 description of the governmental aggregator's policies regarding the ability of
			 a customer who has previously opted out of the aggregation to join the
			 aggregation, including identification of any associated conditions.