(a) The aggregation program is designed to reduce the amount a consumer pays for natural gas energy, and to gain other favorable economic and non-economic terms in service contracts. The city will not buy and resell natural gas, but will represent collective consumer interests to set terms and conditions for service. Through a negotiation process, the city will develop a contract with a competitive retail natural gas services provider (CRNGS provider) or providers for firm all-requirements natural gas service. Once the contract has been finalized, it will be submitted to the Columbiana City Council for approval.
(b) The aggregation program covers the natural gas supply portion only of a participant’s natural gas bill. Columbia Gas of Ohio (COH) will continue to deliver natural gas to aggregation program participants’ homes and businesses through its natural gas distribution system as a monopoly function regulated by the Public Utilities Commission of Ohio (PUCO). COH will also continue to install, operate and maintain its system of pipelines, rights-of-way, meters and other natural gas distribution components. Aggregation program participants should continue to call COH if their natural gas is interrupted or if they have billing questions. The PUCO will continue to oversee COH natural gas safety and reliability service standards.
(c) Oversight of the aggregation program will be the responsibility of the City Manager, who shall report to the City Council. The City Manager, subject to City Council approval, will have the authority to develop specifications for the aggregation program, to appoint an aggregation program manager, and to select, hire and manage the CRNGS provider. The CRNGS provider and the aggregation program manager will work under the direction of the City Manager with the advice and counsel of the City Attorney.
(d) Due to the complexity of the natural gas utility industry and the uncertainties of its associated restructuring activities, the City of Columbiana may contract with a consultant or consultants to provide the necessary expertise to represent the city’s interest in legislative and regulatory matters and/or to serve as the aggregation program Manager. Such services may include, but are not limited to, facilitating consumer enrollment and opt-out, assisting with consumer education, addressing consumer questions and concerns, providing reports on program operation, enrollment and savings, negotiating future CRNGS provider contracts, and representing the city in dealings with CRNGS providers, COH, the Ohio Legislature, the PUCO and the Ohio Consumer’s Counsel (OCC).
(e) The city deems any and all information related to an eligible customer to be confidential and proprietary trade secret information. The CRNGS provider shall keep all eligible customer information provided to it by the city or COH in supplying eligible customers within the city’s corporation limit confidential and shall not disclose such information to any third party, unless such disclosure is required to serve any eligible customer, the third party agrees to keep such eligible customer information confidential, and the city consents to the disclosure of such information to the third party.
(f) The city will require any CRNGS provider to disclose any subcontractors that it uses in fulfillment of the services described herein.
(g) The CRNGS provider will provide a local or toll free telephone number for participant questions and concerns about enrollment, opt-out provisions, billing and other aggregation program issues.
(h) The CRNGS provider will develop internal controls and processes to help ensure that the city remains in good standing as a governmental aggregator that complies with all laws, rules and regulations regarding the same as they may be periodically amended.
(i) Natural gas service reliability is an essential to aggregation program participants. The city will strive to provide high-quality service and reliability through provisions of the CRNGS provider contract, through traditional proceedings related to COH distribution services; and through direct discussions with COH concerning specific or general problems related to quality and reliability of its distribution system.
(j) If for any reason a CRNGS provider fails to provide uninterrupted service, the city will attempt to acquire an alternative natural gas supply. If this attempt fails, participants will default to COH established tariff rates. In no case will participants be without natural gas as the result of the CRNGS provider’s failure to provide uninterrupted service. The city will seek to minimize this risk by contracting only with reputable CRNGS providers that demonstrate reliable service. The city also intends to include conditions in its CRNGS provider contract that will indemnify participants against risks or problems with natural gas supply service and price.
(k) All aggregation program participants shall enjoy the protections of law afforded to consumers as they currently exist or as they may be amended from time to time. These include rights to question billings or service quality or service practices. All program participants shall also enjoy the individual right to decline participation in the aggregation program subject to the terms and conditions contained herein.
(l) All aggregation program participants will be treated equitably. They will be guaranteed the right to raise and resolve disputes with the CPSNGS provider, be provided all required notices and information; and always retain the right to opt-out of the aggregation program or switch suppliers subject to the terms and conditions contained herein.
(m) All consumers within the city’s corporation limits shall be eligible to participate in the aggregation program subject to the terms and conditions described herein, Ohio law, PUCO rules and regulation governing natural gas service, and COH approved tariffs.
(n) Service under the aggregation program shall include all eligible customer classes in adherence with universal service principles and requirements, and the traditional nondiscriminatory practices of local government. CRNGS provider contracts shall contain provisions to maintain these principles and equitable treatment of all customer classes.
(o) Low-income consumers shall remain subject to all provisions of Ohio law and PUCO rules and regulations as they may be amended from time to time regarding their rights to return to COH general service and participation in the aggregation program.
(p) The city developed this plan of operation and governance in compliance with Ohio law regarding municipal opt-out aggregation of natural gas consumers, including two public hearings prior to its adoption.
(q) The Columbiana City Council shall approve through resolution or ordinance the aggregation program’s plan of operation and governance in accordance with Ohio R.C. 4929.26. Amendments to the plan of operation and governance may be subject to Columbiana City Council approval and filing with the PUCO.
(r) After adoption of the plan of operation and governance, the city will file with the PUCO for governmental aggregator certification and also register as a governmental aggregator with COH.
(s) Aggregation program participants are subject to the same standards and responsibilities as other natural gas consumers, including payment of billings and access to metering and other equipment necessary to carry out utility operations.
(t) The aggregation program may be discontinued upon the termination or expiration of the CRNGS provider contract without any extension, renewal or subsequent contract being executed. In the event of aggregation program termination, each participant will receive notification at least 60 days prior to such program termination and could return to COH general service rate or select another approved CRNGS provider.
(Ord. 05-O-2198, passed 6-7-2005)