Ohio § 4928.08

§ 4928.08.

(A) This section applies to an electric cooperative, or to a governmental aggregator

that is a municipal electric utility, only to the extent of a competitive retail electric

service it provides to a customer to whom it does not provide a noncompetitive retail

electric service through transmission or distribution facilities it singly or jointly

owns or operates. (B)(1) No electric utility, electric services company, electric cooperative, or governmental

aggregator shall provide a competitive retail electric service to a consumer in this

state on and after the starting date of competitive retail electric service without

first being certified by the public utilities commission regarding its managerial,

technical, and financial capability to provide that service and providing a financial

guarantee sufficient to protect customers and electric distribution utilities from

default.  Certification shall be granted pursuant to procedures and standards the commission

shall prescribe in accordance with division (C) of this section, except that certification

or certification renewal shall be deemed approved thirty days after the filing of

an application with the commission unless the commission suspends that approval for

good cause shown.  In the case of such a suspension, the commission shall act to approve or deny certification

or certification renewal to the applicant not later than ninety days after the date

of the suspension. (2) The public utilities commission shall establish rules to require an electric services

company to maintain financial assurances sufficient to protect customers and electric

distribution utilities from default.  Such rules also shall specifically allow an electric distribution utility to set

reasonable standards for its security and the security of its customers through financial

requirements set in its tariffs. (3) As used in division (B)(2) of this section, an “electric services company” has the

same meaning as in section 4928.01 of the Revised Code , but excludes a power broker or aggregator. (C) Capability standards adopted in rules under division (B) of this section shall be

sufficient to ensure compliance with the minimum service requirements established

under section 4928.10 of the Revised Code and with section 4928.09 of the Revised Code .  The standards shall allow flexibility for voluntary aggregation, to encourage market

creativity in responding to consumer needs and demands, and shall allow flexibility

for electric services companies that exclusively provide installation of small electric

generation facilities, to provide ease of market access.  The rules shall include procedures for biennially renewing certification. (D) The commission may suspend, rescind, or conditionally rescind the certification of

any electric utility, electric services company, electric cooperative, or governmental

aggregator issued under this section if the commission determines, after reasonable

notice and opportunity for hearing, that the utility, company, cooperative, or aggregator

has failed to comply with any applicable certification standards or has engaged in

anticompetitive or unfair, deceptive, or unconscionable acts or practices in this

state. (E) No electric distribution utility on and after the starting date of competitive retail

electric service shall knowingly distribute electricity, to a retail consumer in this

state, for any supplier of electricity that has not been certified by the commission

pursuant to this section. (F) Notwithstanding any provision of section 121.95 of the Revised Code to the contrary, a regulatory restriction contained in a rule adopted under section 4928.08 of the Revised Code is not subject to sections 121.95 to 121.953 of the Revised Code .