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PUC Prepares Rulemaking For New Notice Requirements For End Of Fixed Rate
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The PUC of Ohio has assigned Case 25-710-GE-ORD to implement two new laws addressing retail supplier notice requirements for the ending of a fixed rate -- R.C. 4928.102 (electric) and 4929.221 (gas)
The new laws were part of HB 15, as previously reported (story here)
The new laws are largely the same, with the exception of the electric law requiring a notice about the availability of the price to compare on the customer's bill, with the natural gas law not requiring this notice
R.C. 4928.102 (electric) provides that, for residential or small commercial customer contracts for a fixed introductory rate that convert to a variable rate upon the expiration of the fixed rate, the retail supplier shall send two notices to each residential and small commercial customer that enters into such a contract.
Each notice shall provide all of the following information to the customer:
(1) The fixed rate that is expiring under the contract;
(2) The expiration date of the contract's fixed rate;
(3) The public utilities commission web site that, as a comparison tool, lists rates offered by competitive retail electric service suppliers;
(4) A statement explaining that appearing on each customer's bill is a price-to-compare notice that lists the utility's standard service offer price.
The second notice shall also include the initial rate to be charged upon the contract's conversion to a variable rate.
The notices shall be sent by standard United States mail or electronically with a customer's verifiable consent
The supplier shall send the first notice not earlier than ninety days, and not later than sixty days, prior to the expiration of the fixed rate.
The supplier shall send the second notice not earlier than forty-five days, and not later than fifteen days, prior to the expiration of the fixed rate.
Furthermore, a competitive retail electric service supplier shall provide an annual notice, by standard United States mail or electronically with a customer's verifiable consent, to each residential and small commercial customer that has entered into a contract with the supplier that has converted to a variable rate upon the expiration of the contract's fixed introductory rate.
The annual notice shall inform the customer that the customer is currently subject to a variable rate and that other fixed rate contracts are available.
The gas law is generally the same as the electric provisions described above, except the gas law applies to a "residential customer or non-mercantile commercial customer", and, as noted above, the gas law does not include a requirement that the notices shall inform the customer that the customer's bill includes information on the price-to-compare
When adopting rules to implement the new laws, the new laws provide that PUCO, in developing the requirements for the notices, shall:
(1) Use clear and unambiguous language in order to enable the customer to make an informed decision
(2) Design the notices in a way to ensure that they cannot be confused with marketing materials
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June 30, 2025
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Reporting by Paul Ring • ring@energychoicematters.com
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