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 is
									 prohibited from enrolling potential
				customers without consent 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 shall constitute 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.