Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-28 - Aggregation with Prior Consent › Section 4901:1-28-04 - Opt-out disclosure requirements

Current through all
			 regulations passed and filed through July 1, 2024
(A) Prior to including a customer's natural
			 gas account or accounts in an aggregation, a governmental aggregator shall
			 provide each eligible governmental aggregation
			 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 shall, at a minimum, include:
(1)
									 The language on
			 the front cover of the envelope or postcard providing the notice shall state
			 "important natural gas aggregation information."
(2) A
			 summary of the actions that the governmental entity took to authorize the
			 aggregation.
(3) A description of the services that the
			 governmental aggregator will provide under the aggregation.
(4)
			 Disclosure of the price that the governmental aggregator will charge customers
			 for competitive retail natural gas service,
			 including:
(a)
										
										Dollars and/or cents per hundred cubic feet of gas
			 ("Ccf") or thousand cubic feet of gas ("Mcf"), depending on the unit that is
			 used by the natural gas company that serves the customer, if the product is based on a per-unit price. For
			 flat-monthly rate offers, a
			 specific
			 listing of the  rate 
										to be charged
			 
										per month for the
			 
										duration of the 
										contract.
(b)
										 If a variable
			 rate is offered, an understandable description of the factors that will cause
			 the price to vary (including any associated indices) and disclosure of how
			 frequently the rate will change.
(c)
										 A statement that
			 the retail natural gas supplier's or governmental aggregator's rate is
			 exclusive of all applicable state and local taxes.
(5)
									 If different
			 rates will be charged to different rate classes within the aggregation, the
			 governmental aggregator shall disclose the applicable rate(s) to customers
			 within the various rate classes.
(6) An itemized list
			 and explanation of all fees and charges that are not incorporated into the
			 rates charged for natural gas that the governmental aggregator will charge the
			 customer for participating in the aggregation, including any applicable
			 switching fees or early termination penalties. These switching fees and/or
			 early termination penalties shall not apply to a customer that moves out of the
			 governmental aggregator's territory.
(7) 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 two years without penalty.
(8) Disclosure of any
			 credit and/or deposit policies and requirements.
(9) Disclosure of any
			 limitations or conditions on customer acceptance into the
			 aggregation.
(10) 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 post card 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 methods provide for verification of a customer's election to opt out of
			 the aggregation.
(11)
									 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 post mark on the written notice. A
			 customer's return post card or notice that is post marked before the
			 
									opt-out deadline has elapsed shall be deemed to have
			 opted out.
(12) A local or toll-free telephone number that
			 customers can call with questions regarding the formation or operation of the
			 aggregation, including associated calling hours.