Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-21 - Competitive Retail Electric Service Providers › Section 4901:1-21-17 - Opt-out disclosure requirements

Current through all
			 regulations passed and filed through July 1, 2024
(A) Prior to including a customer's electric
			 account or accounts in an aggregation, a governmental aggregator shall provide
			 each customer written notice that the customer's account(s) will be
			 automatically included in the aggregation unless the customer affirmatively
			 opts out of the aggregation. The notice, clearly marked
			 from the outside "important notice regarding your electric service"
			 written in plain language, shall, at a minimum, include:
(1) A summary of the actions that the
			 governmental entity took to authorize the aggregation.
(2) A description of the services that the
			 governmental aggregator will provide under the aggregation.
(3) Disclosure of the price that the
			 governmental aggregator will charge customers for electric generation service.
			 
									For fixed-rate contracts, the governmental aggregator shall
			 
									provide the price  per kilowatt hour, and if applicable,
			 for generation and transmission service. If the governmental aggregator
			 offers a variable rate, the governmental aggregator shall provide an
			 understandable description of the factors that will cause the price to vary
			 (including any associated indices) and disclose how frequently the rate will
			 change. If the governmental aggregator charges different rates to different
			 rate classes within the aggregation, the governmental aggregator shall disclose
			 the applicable rate(s) to customers within each rate class.
(4) An itemized list and explanation of all
			 fees and charges that are not incorporated into the rates charged for
			 electricity generation that the governmental aggregator will charge to the
			 customer for participating in the aggregation, including any early termination
			 penalties and any surcharges, or portions thereof, that may be assessed
			 pursuant to division (I) of section
			 4928.20 of the Revised Code. The
			 early termination penalties shall not apply to a customer that moves out of the
			 governmental aggregator's territory.
(5) Disclosure of the dates covered by the
			 governmental aggregation program, including an estimated service commencement
			 date, and notice that the customer may opt out of the aggregation at least
			 every three years without penalty.
(6) A statement informing customers that
			 choose to opt out of the governmental aggregation program prior to the
			 commencement of the governmental aggregation program that they will be served
			 by the standard service offer established pursuant to section
			 4928.14 of the Revised Code or
			 until the customer chooses an alternative supplier of electric
			 service.
(7) A statement informing
			 customers that, if they switch back to (name of electric utility), they may not
			 be served under the same rates, terms, and conditions that apply to other
			 customers served by the electric utility.
(8) If the governmental aggregator elects not
			 to receive standby service from the electric utility under an approved electric
			 security plan during the term of the governmental aggregation program pursuant
			 to division (J) of section
			 4928.20 of the Revised Code, a
			 statement informing customers that any customer returning to the electric
			 utility after the commencement of the governmental aggregation program will pay
			 the market price of power incurred by the electric utility to serve that
			 consumer plus the amount attributable to the electric utility's compliance with
			 the alternative energy resource provisions of section
			 4928.64 of the Revised Code,
			 unless such customer becomes ineligible pursuant to paragraph (E)(1)(a) or
			 (E)(1)(g) of this rule, or any customer who moves within the aggregation
			 boundaries where the electric utility considers the customer that is moving to
			 be a new customer.
(9) Disclosure
			 of any credit and/or deposit policies and requirements.
(10) Disclosure of any limitations or
			 conditions on customer acceptance into the aggregation.
(11) A description of the process and
			 associated time period for customers to opt out of the aggregation. The process
			 shall include provisions for customers to return a postcard or similar notice
			 to the governmental aggregator or its agent. 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. The time period for a customer to
			 choose to opt out of the aggregation shall extend at least twenty-one days from
			 the date of the postmark on the written notice. If a customer's return postcard
			 or notice is postmarked before the opt-out deadline has elapsed, the customer
			 shall be deemed to have opted out of the aggregation.
(12) A local or 
									toll-free
			 telephone number, with the available calling hours, that customers may call
			 with questions regarding the formation or operation of the
			 aggregation.