Ohio to Hold Workshop on Retail Supplier Financial Security Requirements, PUCO Tweaks Other Recently Adopted Rules

The Public Utilities Commission of Ohio has directed Staff to convene an informal workshop to review the financial security requirements applicable to retail suppliers, as PUCO addressed rehearing requests regarding recently adopted changes to the electric market rules.

FirstEnergy Solutions had petitioned for rehearing of an unchanged rule which allows the financial security required of retail electric suppliers to determined by each utility.

The Commission denied rehearing on this issue, but, "acknowledges ... that a review of the financial security requirement, including whether it presents a barrier to CRES providers and/or benefits to customers, may be helpful."

PUCO therefore directed Staff to hold an informal workshop to review the financial security requirement, as it pertains to electric and natural gas, "to ensure that the requirement does not present obstacles to competition and that the requirement benefits customers."

PUCO also either granted rehearing or clarification on several issues.

For example, the rule as approved in December provided that residential terms and conditions must be provided on printed paper. On rehearing, PUCO ruled that customers may be provided with terms and conditions via electronic copy if: (1) the customer agrees to receive an electronic copy rather than a paper copy; (2) the customer is offered an unsigned paper copy with a version number identical to the electronic copy; and (3) receipt of the e-mail can be verified.

Additionally, regarding a requirement in the December rules to send a singed copy of the contract to customers enrolled via direct solicitation, the Commission said that, for direct mail solicitations, a signed copy need not be sent if the customer already received a full copy of the contract with his or her enrollment materials

PUCO's rules now require that, "[a]n itemized list and explanation of all prices and all fees associated with the service," be provided.

The Retail Energy Supply Association had sought clarification that this is not a requirement that all cost components, such as postage, account handling, etc., be included, unless any of those charges are variable.

In response, PUCO clarified, "that the change to Ohio Adm. Code 4901:1-21-12(B)(7) was made to require disclosure of all fees including those by brokers, governmental aggregators, etc., and does not require disclosure of cost components such as postage."