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New Rules Proposed Concerning Mercantile Customers Return To SOS

Dockets: 25-0741-EL-ORD

The Ohio Commission issued proposed new rules relating to mercantile customers resulting from recent law changes under HB 15. 

The Commission directs all interested persons or entities wishing to file comments or reply comments with the Commission regarding the promulgation of rules pertaining to mercantile customers, as required by Substitute House Bill Number 15, to do so no later than December 19, 2025, and January 9, 2026, respectively. 

Note: Attached to the order is the proposed draft rules.  

Among other things the proposed new sections include:

4901:1-10-36 Expedited Return of Mercantile Customers to Standard Service Offer. 

(A) Upon receiving a certified request from a CRES provider under a service agreement that explicitly authorizes an expedited return to an electric utility’s standard service offer, voluntarily entered into by a mercantile customer, the electric utility will complete the request within three (3) business days, regardless of billing cycle.

(B) If the certified request does not comply with the requirements set forth in section 4901:1-21- 21 of the Administrative Code [new section below], the electric utility may process the return to the standard offer pursuant to 4901:1-10-29(H).

(C) The electric utility cannot be held liable for any disputes arising from the expedited return to the utility’s standard service offer, provided the utility acts in accordance with these rules. The electric utility will refer any mercantile customer complaint concerning this process to the PUCO call center.

(D) The utility may recover the administrative costs of processing requests under (B) through reasonable fees assessed to the CRES provider as set forth in the electric utility’s tariff and approved by the Commission.

4901:1-21-21 – Certified request for return of mercantile customer to the standard service offer.

(A) For purposes of this rule, “certified request” means a request from a CRES supplier to an EDU for the expedited return to the EDU’s standard service offer of a mercantile customer under a voluntary service agreement with the CRES supplier that explicitly authorizes the expedited return of the mercantile customer to the EDU’s standard service offer, as authorized under section 4928.105 of the Revised Code.

(B) A CRES supplier should provide seven (7) calendar days’ notice to the mercantile customer prior to submitting a certified request to an EDU, unless a different timeframe is agreed to between the parties in the voluntary service agreement that explicitly authorizes the expedited return.

(C) The certified request form is available on the Commission’s website.

The draft new rules also provide that an EDC cannot disallow mercantile customer self-power systems from providing electric generation service to one or more mercantile customers in the EDC’s service territory.

Order (11/19/2024)
25-0741-EL-ORD
(In the Matter of the Consideration of Rules Pertaining to Mercantile Customers, as Required by Substitute House Bill Number 15.)