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The Public Utilities Commission of Ohio (PUCO) has adopted final rules to implement two new laws addressing retail supplier notice requirements for the ending of an “introductory” fixed rate — R.C. 4928.102 (electric) and 4929.221 (gas).

In the Order, the Commission declined to include a specific start date for the new rules or any of the requirements.  In the Order the Commission noted that the General Assembly, in adopting R.C. 4928.102 and 4929.221, directed the Commission to adopt rules satisfying these new statutes within 150 days after the statutes’ effective date. PUCO said that 150 days after the statutes’ effective date is January 11, 2026.

“It is the Commission’s intention to have proposed rules in place by that date,” PUCO said.

PUCO ordered that, “[t]hat the final rules be effective on the earliest date permitted,” as the rules go through the customary Joint Committee on Agency Rule Review (JCARR) process.

As reported previously, the new laws generally track the statute requiring retail electric and gas suppliers to send customers on an “introductory” fixed rate that converts to a variable rate, notices concerning the expiration of the fixed rate, as well as an annual notice if the customer remains on a variable rate.

Also note as previously reported the electricity rules apply to residential and small commercial customers as defined in the Commission’s rules.  However, the gas rule applies to residential and non-mercantile commercial customers as defined in the rules. More specifically, the electric rule includes a new definition for “small commercial customer” whereby this new definition is limited to applying to the specific new electric rule, 4901:1-21-20, Notification Requirements for Fixed Introductory Rate Contracts. Note that the definition of “small commercial customer” has not yet been updated in other existing rules which use the term.

Specifically, for new 4901:1-21-20, Notification Requirements for Fixed Introductory Rate Contracts, for electricity, the term “small commercial customer” excludes customers that receive electric service pursuant to a nonresidential tariff if any of the following apply:

1. The customer’s demand for electricity exceeds twenty-five kilowatts within the last twelve months;
2. The customer does one or both of the following:

(a) Manages multiple electric meters and, within the last twelve months, the electricity demand for at least one of the meters is twenty-five kilowatts or more; or

(b) The customer has, at the customer’s discretion, aggregated the demand for the customer-managed meters.

Both the electric and gas statutes require that a supplier shall send an annual notice to each residential and small commercial electric customer and for gas, residential and non-mercantile 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.

For the annual notice, both the electric and gas statutes only provide that, “The notice shall inform the customer that the customer is currently subject to a variable rate and that other fixed rate contracts are available.”

The adopted electric rules specifically provide:

(B) If a competitive retail electric service (CRES) supplier offers a residential or small commercial customer a contract for a fixed introductory rate that converts to a variable rate upon the expiration of the fixed rate, the CRES 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 address for the commission web site that, as a comparison tool, lists rates offered by CRES suppliers; and
4. A statement explaining that on each customer’s bill is a price-to-compare notice that lists the utility’s standard service offer price.

(C) The second notice shall include all of the requirements in paragraph (B) of this rule and shall also identify the initial rate to be charged upon the contract’s conversion to a variable rate.

(D) The notices shall be sent by standard United States mail or electronically with a customer’s verifiable consent, as follows(1) The CRES 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.

(2) The CRES 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.

(E) A CRES 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 CRES supplier that has converted to a variable rate upon the expiration of the contract’s fixed introductory rate. The notice shall provide all of the following information to the customer:

1. The customer is currently subject to a variable rate;
2. Other fixed rate contracts are available; and
3. The commission web site that, as a comparison tool, lists rates offered by CRES suppliers.

The rule for natural gas mirrors the rules for electricity listed above with two exceptions.

As noted above, the natural gas rule does not include a requirement for the annual notice to include notice to the customer of the PUCO’s shopping website aka “Apples to Apples” customer shopping website. Second, the gas rule does not require that the fixed rate expiration notices include a statement explaining that on each customer’s bill is a price-to-compare notice that lists the utility’s standard offer price.

Also note that the final rules for electricity and gas both require that suppliers “shall ensure” that all notices required under the rules comply with the following:

1. The notices must use clear and unambiguous language in order to enable the customer to make an informed decision; and
2. The notices must be designed in a way to ensure that they cannot be confused with marketing materials.

Finding & Order  (08/20/2025)
25-710-GE-ORD (06/30/2025)
(In the Matter of the Consideration of Rules as Required by Newly Adopted R.C. 4928.102 and 4929.221)