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PUC Provides Effective Date For New Rules Which Prohibit Utilities From Discriminating In Billing For Non-Commodity Services
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The Public Utilities Commission of Ohio has provided an effective date for the adoption of previously reported new rules which do not allow electric utilities to discriminate in the provision of billing for non-commodity and similar services
As previously reported, while PUCO will not mandate that electric utilities (EDUs) must bill for the "non-jurisdictional services" of retail suppliers, any such billing of non-jurisdictional service (if elected by the EDU) must be done on a nondiscriminatory basis
This new rule, part of amendments to the rules in Ohio Adm.Code Chapter 4901:1-10, will
become effective on November 1, 2021, after pending rehearing requests were denied by operation of law
As previously reported, PUCO, in adopting the new rule, held that: "The EDU must allow the customer’s CRES [retail] provider, on an open and nondiscriminatory basis, access to the consolidated bill to list the newly termed, 'non-jurisdictional services' charges. While this provision does not force the EDU to place the customer’s CRES provider’s non-jurisdictional service on the consolidated bill, the Commission believes its amendment strikes a middle ground whereby fairness to the CRES provider is accounted for as is the EDU’s freedom to contract is respected."
Under the new rules, "non-jurisdictional services" means, "services which do not meet the definition of 'retail electric
service' set forth in division (A)(27) of section 4928.01 of the Revised Code."
The term "retail electric service" means, "any service involved in supplying or arranging for the supply of electricity to ultimate consumers in this state, from the point of generation to the point of consumption. For the purposes of this chapter, retail electric service includes one or more of the following 'service components': generation service, aggregation service, power marketing service, power brokerage service, transmission service, distribution service, ancillary service, metering service, and billing and collection service."
In brief, non-jurisdictional services generally mean non-commodity services or other non-regulated charges
The new rules specifically state, "An electric utility cannot discriminate or unduly restrict a customer’s CRES provider
from including non-jurisdictional charges on a consolidated electric bill."
Another change adopted under the amended rules is that, instead of utilities being required to post a list of active residential retail electric suppliers on the utility's website, the utility will direct customers to PUCO's energy choice website
"To provide customers with a list of certified CRES providers actively seeking residential
customers within the electric utility’s service territory, each electric utility shall maintain a link
on its website directing customers to the commission’s website, energychoiceohio.gov, which
offers such information," the rules provide
Case 17-1842-EL-ORD
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October 6, 2021
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Copyright 2010-21 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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