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PUC Approves Bill Change To Allow Retail Suppliers To Bill Non-Commodity Charges On Utility Bill

August 21, 2024

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Copyright 2024 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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Retail suppliers in Ohio will soon be able to include non-commodity services on utility consolidated bills at AEP Ohio (Ohio Power), after the Public Utilities Commission of Ohio approved a revision to AEP Ohio's bill format to implement the change

As previously reported, PUCO in 2020 amended Ohio Adm. Code 4901:1-10-33 such that electric distribution utilities, "cannot discriminate or unduly restrict a customers CRES [retail supplier] provider from including non-jurisdictional charges on a consolidated electric bill," with the rule revision taking effect in 2021

While most utilities opted to cease the collection of any non-jurisdictional (non-commodity) charges on the utility bill in order to comply with the revised rule, AEP Ohio proposed to allow retail electric providers to bill non-jurisdictional charges on a utility consolidated electric bill, but requested (and received) a temporary waiver to allow for implementation time

AEP Ohio has already completed the programming necessary to implement the retail supplier non-commodity billing, and was awaiting PUCO approval of a bill format revision to implement the change

PUCO on August 21 approved AEP Ohio's bill format change as-filed, either dismissing several objections from the Ohio Consumers' Counsel or alternatively finding that OCC's concerns are already adequately addressed (discussed below)

Under AEP Ohio's new bill format, retail supplier non-jurisdictional services will appear in the supplier portion of the bill (including as part of the supplier total in the bill's "donut" cost breakdown graphic). In a chart on page 3 of the bill (which is the front of the second sheet of paper, page 2 is the back of the first page), the supplier charges table will have a separate line-item for each of the supplier's Non-Jurisdictional Charges, if applicable

OCC argued that an AEP Ohio bill listing non-jurisdictional charges as simply "Non-Jurisdictional Charges" in a line item, without further description, does not comply with the billing rules at O.A.C. 4901:1-10-33(C)(9) because such bill would not list "each" charge (as in by specific name), and instead lists just the total due. OCC said that AEP Ohio's bill format change should be rejected absent a specific requirement that retail suppliers shall accurately reflect (and name) each product and service billed through the Non-Jurisdictional Charges line-item

PUCO noted that retail suppliers are already responsible for providing AEP Ohio with "complete information" to bill non-jurisdictional charges. AEP Ohio has committed that, to the extent specific information regarding non-jurisdictional charges is provided to the utility by the supplier, AEP Ohio will specifically identify each non-jurisdictional charge in the line item. PUCO further noted that the bill will list the retail supplier's name and phone number for customers to contact the supplier about any questions regarding non-jurisdictional charges. As such, PUCO found OCC's concern on this matter to be adequately addressed and did not issue any new mandates

OCC further said that AEP Ohio should be required to remove from the bill a retail supplier's non-jurisdictional charges that are disputed by the customer, with such charges sent back to the supplier for collection

PUCO found that such a requirement would place AEP Ohio in the middle of customer-supplier disputes. PUCO said that any customer dispute concerning non-jurisdictional charges should be initiated with the supplier, and that AEP Ohio should not be the entity initiating the removal of disputed retail supplier non-jurisdictional charges from the utility consolidated bill. PUCO said that retail supplier non-jurisdictional charges should only be removed by AEP Ohio at the direction of the retail supplier, PUCO, or PUCO Staff

Customers will not be disconnected for failure to pay for non-jurisdictional charges

Percentage of Income Payment Plan customers are not eligible for enrollment in non-jurisdictional services billing.

Case 23-0925-EL-UNC

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