Ohio Admin. Code 4901:1-28-03 - Formation and operation of an opt-out governmental aggregation and minimum requirements for operations and governance plans
(A) Prior to applying for certification at
the commission, a governmental aggregator that will form an opt-out aggregation
shall complete all of the requirements specified in divisions (A) to (D) of
section 4929.26 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
4929.26 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 4929.26 of the Revised
Code.
(B) The operation and
governance plan adopted shall detail the services that will 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 against similar services provided by competitive
suppliers. The governmental aggregator shall write the plan in clear and plain
language so that an average residential customer can easily understand it. The
plan shall, at a minimum, contain all of the following:
(1) A detailed description of services the
governmental aggregator is to provide under the aggregation, including 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.
(3) A detailed description
of the governmental aggregator's plan for providing the required opt-out
disclosure notices to eligible governmental aggregation
customers. The plan shall describe the steps that the governmental
aggregator will take to ensure that all eligible governmental aggregation customers residing within the
governmental aggregator's governmental boundaries are notified. The plan shall
also identify the time frames associated with the notice.
(4) A detailed description of the process for
developing the pool of customer accounts that may be included in the
aggregation, including the steps that will be taken to identify and eliminate
customers that are not eligible to participate in the aggregation and eligible
governmental aggregation customers who opt out of
the aggregation.
(5) 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.
(6) A listing of any credit or deposit
procedures and the policies that the governmental aggregator will employ in the
event that a customer fails to pays its bill.
(7) 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 and TDD/TTY
Ohio relay
service telephone numbers for its call center. These procedures and
processes shall comport with the requirements specified in rule
4901:1-29-08
of the Administrative Code.
(8) A
detailed description of the policies associated with a customer moving into the
aggregation or within the aggregation where the incumbent natural gas company
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 customers an opportunity to
opt-out
opt
out of the aggregation in accordance with the procedures set forth in
rule
4901:1-28-04
of the Administrative Code.
(9) 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
incumbent natural gas company. A customer in these circumstances may 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
4901:1-28-04
of the Administrative Code.
(10) A
description of the governmental aggregator's policies regarding the ability of
a customer who had previously opted out of the aggregation to join the
aggregation, including identification of any associated conditions.
(C) A governmental aggregator
shall keep its operation and governance plan available for public inspection
and shall, upon request, provide a copy of the plan to any existing or
potential customer of the aggregation.
(D) A governmental aggregator shall not alter
its operation and governance plan in any way that would materially affect the
customers of the aggregation without first providing notice to all affected
customers and providing these customers the opportunity to opt out of the
aggregation according to the procedures established for the initial
opt out
opt-out disclosure notice set forth in rule
4901:1-28-04
of the Administrative Code. The notice shall set forth the changes to the plan,
inform the customer of its right to opt out of the aggregation without penalty,
and identify the method and time frame for the customer to opt out.
(E) No governmental aggregator shall send an
opt-out disclosure notice to potential customers of an aggregation prior to the
governmental aggregator being certified by the commission.
Notes
Promulgated Under: 111.15
Statutory Authority: 4929.10, 4929.20, 4929.27
Rule Amplifies: 4929.26
Prior Effective Dates: 7/4/02, 4/13/07
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