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PUC Staff Recommend Granting Temporary Waiver To Allow Utility To Continue To Bill Non-commodity Services On Utility Bill, Though Under Shorter Waiver Period Than Utility Requested
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Staff of the Public Utilities Commission of Ohio have recommended granting a waiver that would allow Duke Energy Ohio to continue billing an affiliate's non-commodity services on the utility bill, though Staff recommended a shorter waiver period than sought by Duke.
As previously reported, in adopting new billing rules, while PUCO did 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
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 [competitive retail] provider from including non-jurisdictional charges on a consolidated electric bill."
This new rule, part of amendments to the rules in Ohio Adm.Code Chapter 4901:1-10, became effective on November 1, 2021, after pending rehearing requests were denied by operation of law
See more background on the new rule in our story here
As previously reported, Duke Energy Ohio, Inc. sought a waiver to authorize Duke to, "Receive an additional twelve months from the Commission’s approval of this waiver to comply with the newly added provision in Rule 4901:1-10-33(A), which states '[a]n electric utility cannot discriminate or unduly restrict a customer’s CRES provider from including non-jurisdictional charges on a consolidated electric bill' and accompanying revisions to Rules 4901:1-10-22(B)(16) and 4901:1-10-33(C)(9), by removing all non-jurisdictional charges from the bill."
Duke has said that it "will comply with this provision by ending the existing placement of its affiliate’s non-jurisdictional charges on its electric bills, thereby eliminating any possibility of 'prejudice or disadvantage'."
Duke has said that, "Duke Energy Ohio will need some additional time to effectuate such compliance, due to the imminent transition to its new customer information system (CIS or Customer Connect) and also due to the technical requirements of implementation. Accordingly, Duke Energy Ohio requests a temporary waiver for a 12-month period, to run from the date of the order approving this waiver application."
Duke Energy Ohio has said that it currently allows its affiliate Duke Energy One to place only one non-jurisdictional charge on customer bills, for a service called Strike Stop. This program appears on the bills of less than 12,000 (less than two percent) of the Company’s approximately 740,000 electric customers, Duke said
In comments on Duke's petition, PUCO Staff stated, "Staff
believes that the conversion to a new CIS is a substantial information technology (IT)
event for the Company and will likely demand the Company’s IT department’s attention
and focus during the first half of 2022."
"Staff, however, does not believe that the CIS
conversion alone should delay compliance for the Company’s affiliate to remove non-jurisdictional
charges from the consolidated bill for a 12-month period from the date of
the Order," Staff said
"Staff believes that six months should provide ample time to transition
an affiliate’s non-jurisdictional charges to alternative billing," Staff said
Staff recommended that PUCO grant Duke a six-month waiver of the relevant rules, Ohio
Adm.Code 4901:1-10-22(B)(16), 4901:1-10-33(A), and 4901:1-10-33(C)(9)
Case No. 21-1100-EL-WVR
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December 13, 2021
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Copyright 2010-21 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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