PUC Issues Order In Rulemaking In Which Consumers' Counsel Had Sought To Require Switch Block, Shadow Billing

The Public Utilities Commission of Ohio has issued a final order in a statutorily required review of the natural gas utility rules under Ohio Adm.Code Chapter 4901:1-13, relating to utility billing, including utility consolidated billing, utility-supplier coordination, and related retail market issues (minimum gas service standards for natural gas companies, Case 22-809-GA-ORD)

As previously reported, the proposed rule changes did not include any major substantive changes with respect to the retail market, though Chapter 4901:1-13 itself does not apply to competitive retail natural gas suppliers

However, as we noted at the time, stakeholders were likely to raise certain issues in comments on the draft rules, though the proceeding's scope was narrowly tailored to comply with a statutory directive to reduce regulatory burdens, as opposed to the broader five-year statutory review

In any case, the Ohio Consumers' Counsel used the proceeding as a forum to advocate that shadow-billed default service costs be listed on the utility consolidated bills of shopping customers, as well as for implementation of a switch block mechanism

PUCO denied both proposals.

"[W]e ... agree with RESA, and OGA that OCC’s recommendations regarding shadow billing should also be dismissed, as the rationale rejecting these proposals provided in [a 2021] prior rulemaking still applies," PUCO said

"[A] majority of the comments submitted by OCC, including its comments regarding shadow billing, are either the type of suggestions that exceed the scope of this rulemaking proceeding and are more appropriate to raise in a five-year rule review or suggest maintaining language reiterating other statutory or rule requirements, rendering the rule duplicative," PUCO said

PUCO also rejected OCC's proposal that the rule should be modified to add a requirement that natural gas utilities with a choice program must include functionality on their websites that enables consumers to opt out of having their customer information shared with marketers (the current rule provides utilities with the option of using written forms, phone calls, or using a website to receive opt-outs)

Case 22-809-GA-ORD