Ohio Admin. Code 4901:1-29-06 - Customer enrollment and consent
(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
needs consent to enroll
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
constitutes 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)
Theincumbent
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.
(E)
Telephonic enrollment
(1) To enroll a customer
telephonically, a retail natural gas supplier or governmental aggregator, shall
make a date- and time-stamped audio recording of the sales portion of the call,
if the customer is enrolled, and before the completion of the enrollment
process, a date- and time- stamped audio recording by an independent
third-party verifier that verifies, at a minimum, the following:
(a) The retail natural gas supplier,
governmental aggregator, or the independent third-party verifier identity and
the exact purpose of the call.
(b)
A verbal statement and the customer's acknowledgement that the call is being
recorded.
(c) A verbal statement
and customer's acknowledgement that the retail natural gas supplier or
governmental aggregator is not the customer's natural gas company and that the
customer may choose to remain with the natural gas company's applicable tariff
or default service.
(d) A verbal
question and the customer's acknowledgement that the customer has given consent
to enroll with the retail natural gas supplier or governmental
aggregator.
(e) A verbal question
and the customer's acknowledgement that the customer is the customer of record
or is authorized to switch the retail natural gas supplier or governmental
aggregator for the customer of record.
(f) In accordance with rule
4901:1-29-11 of the
Administrative Code, a verbal statement and the customer's acceptance of each
of the principal terms and conditions for the service that will be provided,
including, but not limited to:
(i) The
service(s) that will be provided.
(ii) The price per Ccf or Mcf, whichever is
consistent with the incumbent natural gas company's billing format if the
product is based on a per-unit price, or for flat-monthly rate offers, a
specific listing of the rate to be charged per month for the duration of the
contract.
(iii) The length of the
contract term.
(iv) An approximate
service commencement date.
(v) The
contract termination date, and any fees for customer cancellation prior to such
date.
(vi) Any material
limitations, conditions, or exclusions.
(vii) Any fees or costs to the
customer.
(viii) If applicable,
whether the retail natural gas supplier or governmental aggregator will perform
a credit check and require a deposit, including the amount.
(ix) Who will bill for the retail natural gas
supplier's and governmental aggregator's service(s).
(x) The enrollment confirmation
number.
(g) A verbal
statement and the customer's acknowledgement that the retail natural gas
supplier or governmental aggregator will, within one business day, send the
customer a written contract that details the terms and conditions that were
summarized in the telephone call.
(h) Customers are advised both verbally and
in the contract of all of the following:
(i)
The incumbent natural gas company will be sending a confirmation notice of the
transfer of service.
(ii) The
customer is allowed a seven-business-day period from the confirmation notice
postmark date to rescind the enrollment.
(iii) The customer should contact the
incumbent natural gas company to rescind the enrollment.
(i) The incumbent natural gas company's
toll-free or local telephone number that the customer can call to rescind the
enrollment.
(j) A verbal request
for and the customer's provision of the customer's natural gas company's
account number.
(k) A verbal
request for and the customer's provision of the customer's mailing
address.
(2) Following
telephonic enrollment, the retail natural gas supplier or governmental
aggregator shall:
(a) Within one business day,
send the customer a written contract that details the terms and conditions
summarized in the telephone call pursuant to rule
4901:1-29-11 of the
Administrative Code. Such contract shall in no way alter the terms and
conditions to which the customer agreed in the telephone call.
(b) Retain the audio recording of the
customer's enrollment for one year after the contract with the customer is
terminated.
(c) Provide a copy of
the audio recording to the commission or its staff within three business days
of a request.
(3) The
retail natural gas supplier or governmental aggregator shall not initiate
enrollment with the incumbent natural gas company prior to the completion of
the enrollment transaction with the customer.
(4) The retail natural gas supplier or
governmental aggregator shall send an electronic enrollment request to the
incumbent natural gas company within three business days after sending the
customer the written contract, unless a later enrollment transmittal date is
agreed to in the contract by the customer or if the customer rescinds the
enrollment.
(F) Internet
enrollment
(1) Where enrollment occurs by
internet, prior consent shall be obtained by encrypted customer input on a
retail natural gas supplier's or governmental aggregator's internet
website.
(2) The internet
enrollment website shall, at a minimum, include:
(a) A copy of the retail natural gas
supplier's or governmental aggregator's customer contract with all terms and
conditions as required by rule
4901:1-29-11 of the
Administrative Code.
(b) A
statement advising customers both at the website and in the contract that:
(i) The incumbent natural gas company will be
sending a confirmation notice of the transfer of service.
(ii) The customer is allowed a
seven-business-day period from the confirmation notice postmark date to rescind
the enrollment.
(iii) The customer
should contact the incumbent natural gas company to rescind the
enrollment.
(c) A prompt
for the customer to print or save a copy of the contract.
(3) The retail natural gas supplier or
governmental aggregator shall not initiate enrollment with the incumbent
natural gas company prior to the completion of the enrollment transaction with
the customer.
(4) The retail
natural gas supplier or governmental aggregator shall send an electronic
enrollment request to the incumbent natural gas company within three business
days following the completion of the enrollment transaction with the customer,
unless a later enrollment transmittal date is specified and agreed to in the
contract by the customer or if the customer rescinds the enrollment.
(5) Any electronic version of the contract
shall be identified by version number, in order to ensure the ability to verify
the particular contract to which the customer agrees.
(6) Throughout the duration of the contract,
the retail natural gas supplier or governmental aggregator shall retain and,
within three business days of the customer's request, provide to the customer
an electronic mail message, paper, or facsimile copy of the terms and
conditions of the numbered contract version to which the customer
contracted.
(7) The retail natural
gas supplier or governmental aggregator shall require the customer to complete
an electronic customer consent form in a format retrievable by the retail
natural gas supplier or governmental aggregator that includes:
(a) The customer's agreement to the terms and
conditions.
(b) An electronic
agreement version number.
(c) The
name of the retail natural gas supplier or governmental aggregator.
(d) The date the customer electronically
enrolled.
(e) The name of the
account holder.
(f) The incumbent
natural gas company account number.
(g) The account holder's U.S. mailing
address.
(8) The retail
natural gas supplier or governmental aggregator shall provide a mechanism by
which both the submission and receipt of the electronic customer consent form
are recorded by time and date.
(9)
After the customer completes the electronic customer consent form, the internet
enrollment process shall disclose conspicuously that the customer has been
enrolled and the retail natural gas supplier or governmental aggregator shall
provide the customer an enrollment confirmation number.
(G) In customer enrollment, if the incumbent
natural gas company rejects a customer from enrollment, the retail natural gas
supplier or governmental aggregator shall notify the customer within three
business days from the incumbent natural gas company's notification of
rejection that the customer will not be enrolled or enrollment will be delayed,
along with the reason(s).
(H) The incumbent natural gas
company shall, within two business days of confirming a retail natural gas
supplier's or governmental aggregator's valid electronic enrollment request and
prior to commencing enrollment, mail the customer a competitively neutral
confirmation notice stating:
(1) The incumbent natural gas
company has received a request to enroll the customer for competitive retail
natural gas service with the named retail natural gas supplier or governmental
aggregator.
(2) The date such service is
expected to begin.
(3) The customer has seven business
days from the postmark date on the notice to contact the incumbent natural gas
company to rescind the enrollment request or notify the incumbent natural gas
company that the change of the retail natural gas supplier or governmental
aggregator was not requested by the customer.
(4) The incumbent natural gas
company's toll-free or local telephone number.
(I) Within two business days after
receiving a customer's request to rescind enrollment with the retail natural
gas supplier or governmental aggregator, the incumbent natural gas company
shall initiate such rescission and inform the retail natural gas supplier or
governmental aggregator that such action has been taken.
(1) Any customer returning to the incumbent
natural gas company's commodity service due to default, abandonment, slamming,
or certification rescission of a retail natural gas supplier or governmental
aggregator will not be liable for any costs associated with the
switch.
(2) Any switching fee
applicable to customers switching from one marketer to another marketer shall
also apply to customers switching from a marketer to the incumbent natural gas
company's commodity sales service.
(3) Customers participating in an opt-out
governmental aggregation program will not be charged a switching fee upon
returning to regulated sales service due to either termination of the
aggregation or the aggregator switching suppliers.
(4) Any customer returned to the incumbent
natural gas company's commodity service shall pay the applicable regulated
sales service rate while taking such service.
(5) Within two business days after confirming
the validated electronic data file for a retail natural gas supplier's or
governmental aggregator's customer-drop request, the incumbent natural gas
company shall mail the customer a notice stating:
(a) The incumbent natural gas company has
received a request to drop the customer from competitive retail natural gas
service with the named retail natural gas supplier or governmental
aggregator.
(b) The retail natural
gas supplier's or governmental aggregator's toll-free telephone
number.
Notes
Promulgated Under: 111.15
Statutory Authority: 4929.10, 4929.22, 4905.06
Rule Amplifies: 4929.22, 4905.04, 4905.05, 4929.26(D)
Prior Effective Dates: 07/04/2002, 04/13/2007, 12/01/2014
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.