PUC Adopts Retail Market Rule Changes, Addresses Prior TPV Rule Waivers -- EnergyChoiceMatters.com

PUC Adopts Retail Market Rule Changes, Addresses Prior TPV Rule Waivers

New Rule On Highlighting Rate/Term Changes

February 21, 2024

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Copyright 2010-23 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The PUC of Ohio has adopted revisions to several of the competitive retail electric and natural gas rules under Ohio Admin. Code 4901:1-21, 4901:1-23, 4901:1-24, 4901:1-27, 4901:1-28, 4901:1-29, 4901:1-30, 4901:1-33, and 4901:1-34

The rule revisions do not contain any major changes. Generally. PUCO limited revisions to those limited revisions previously proposed by Staff, as PUCO declined to adopt broader changes on marketing and enrollment sought by certain parties, such as the Ohio Consumers' Counsel

Several parties had also recommended using the instant rule review to align requirements for retail suppliers under the respective electric and gas rules

PUCO declined to undertake such an alignment at this time, but said, "In response to those requests, the Commission will initiate a more comprehensive and thorough review to attempt to achieve further consistency between CRES and CRNGS rules, as well as finalize the review required by R.C. 121.951(A)(1) [a statutory mandate to reduce regulatory burdens], in a subsequent rulemaking."

In terms of new additions to the rules, the only addition of note is language for gas dual bills and gas supplier consolidated bills that calls for a specific highlighted notice on the bill of changes in rates or terms.

Specifically, a rule governing the issuance a bill to a customer by a gs supplier now states, "customer bills should highlight and provide a clear explanation of any changes in the rates, terms, and conditions of service, for two consecutive billing periods."

This added language is meant to promote the objectives already stated in the rule, which had already provided that gas supplier bills, "shall be accurate and understandable, be rendered at intervals consistent with those of the customer's natural gas company, and contain sufficient information for customers to compute and compare the total cost of competitive retail natural gas service(s)."

A similar provision requiring the highlighting of any changes, on multiple bills, is already present in the electric supplier rules

PUCO did not materially change the current third party verification rules

As previously reported, PUCO has granted waivers to several retail suppliers in order to allow the use of a digital TPV, since the rules' current language requires an "audio" and "verbal" TPV conducted "telephonically".

PUCO previously conditioned the digital TPV waivers granted to certain suppliers on being subject to change or expiration if PUCO addressed the issues implicated under the waivers in the rule review proceeding

Given that PUCO did not alter the current audio TPV rule, PUCO granted extensions of the prior waivers to specific retail suppliers to allow the continued use of a digital TPV for those suppliers

PUCO said, "As is apparent in the attached rules, we have not substantively modified the existing TPV enrollment and consent requirements set forth in Ohio Adm.Code Chapters 4901:1-21 and 4901:1-29. Accordingly, unless otherwise ordered, the existing waivers in the cases listed above will be extended until the Commission issues an order substantively addressing the TPV and/or enrollment requirements in the next five-year rule review for Ohio Adm.Code Chapters 4901:1-21 and 4901:1-29, as discussed earlier in this Finding and Order. Further, these parties which have been granted such waiver requests, as well as all other interested stakeholders, will have the opportunity to fully participate in that future rulemaking process, including submitting comments regarding suggested modifications to the TPV customer enrollment and consent requirements."

In terms of the limited changes proposed by Staff noted above, PUCO codified prior waivers concerning the timelines for license renewals

PUCO changed the rule so that suppliers may file for renewals up to 90 days prior to certificate expiration, rather than 60 days. A supplier filing a renewal application fewer than 30 days before expiration (as required) will be granted an automatic - extension of the existing certificate for a period of 31 days from the date the renewal was filed. A supplier who files for renewal after expiration of a certificate may request an extension of the existing certificate for a period of 90 days. Previously, this extension for suppliers filing after certificate expiration lasted "during the pendency" of the renewal review.

PUCO also codified that suppliers may file credit reports and credit ratings under seal when submitted as part of their license applications (similar to the current protection provided to financial statements)

Certain rules governing utility obligations in the retail market were removed from the instant rules, because those rules were previously re-organized into the rules governing utility service obligations, and the deletion of these utility provisions in the retail supplier rules does not means that the provisions no longer apply

Case 17-1843-EL-ORD et. al.

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