(A)(1) The public utilities commission has jurisdiction under section4905.26of the Revised Code, upon complaint of any person or upon complaint or initiative of the commission on or after the starting date of competitive retail electric service, regarding the provision by an electric utility, electric services company, electric cooperative, or governmental aggregator subject to certification under section4928.08of the Revised Code of any service for which it is subject to certification.
(2)The commission also has jurisdiction under section4905.26of the Revised Code, upon complaint of any person or upon complaint or initiative of the commission on or after the starting date of competitive retail electric service, to determine whether an electric utility has violated or failed to comply wi
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(A)(1) The public utilities commission has jurisdiction under section4905.26of the Revised Code, upon complaint of any person or upon complaint or initiative of the commission on or after the starting date of competitive retail electric service, regarding the provision by an electric utility, electric services company, electric cooperative, or governmental aggregator subject to certification under section4928.08of the Revised Code of any service for which it is subject to certification.
(2) The commission also has jurisdiction under section4905.26of the Revised Code, upon complaint of any person or upon complaint or initiative of the commission on or after the starting date of competitive retail electric service, to determine whether an electric utility has violated or failed to comply with any provision of sections4928.01to4928.15, any provision of divisions (A) to (D) of section4928.35of the Revised Code, or any rule or order adopted or issued under those sections; or whether an electric services company, electric cooperative, or governmental aggregator subject to certification under section4928.08of the Revised Code has violated or failed to comply with any provision of sections4928.01to4928.10of the Revised Code regarding a competitive retail electric service for which it is subject to certification or any rule or order adopted or issued under those sections.
(3) If a contract between a mercantile commercial customer and an electric services company states that the forum for a commercial dispute involving that company is through a certified commercial arbitration process, that process set forth in the contract and agreed to by the signatories shall be the exclusive forum unless all parties to the contract agree in writing to an amended process. The company shall notify the commission for informational purposes of all matters for which a contract remedy is invoked to resolve a dispute.
(4) The commission, by rule adopted pursuant to division (A) of section4928.06of the Revised Code, shall adopt alternative dispute resolution procedures for complaints by nonmercantile, nonresidential customers, including arbitration through a certified commercial arbitration process and at the commission. The commission also by such rule may adopt alternative dispute resolution procedures for complaints by residential customers.
(B) In addition to its authority under division (C) of section4928.08of the Revised Code and to any other remedies provided by law, the commission, after reasonable notice and opportunity for hearing in accordance with section4905.26of the Revised Code, may do any of the following:
(1) Order rescission of a contract, or restitution to customers including damages due to electric power fluctuations, in any complaint brought pursuant to division (A)(1) or (2) of this section;
(2) Order any remedy or forfeiture provided under sections4905.54to4905.60and4905.64of the Revised Code upon a finding under division (A)(2) of this section that the electric utility has violated or failed to comply with any provision of sections4928.01to4928.15, any provision of divisions (A) to (D) of section4928.35of the Revised Code, or any rule or order adopted or issued under those sections. in addition, the commission may order any remedy provided under section4905.22,4905.37, or4905.38of the Revised Code if the violation or failure to comply by an electric utility related to the provision of a noncompetitive retail electric service.
(3) Order any remedy or forfeiture provided under sections4905.54to4905.60and4905.64of the Revised Code upon a finding under division (A)(2) of this section that the electric services company, electric cooperative, or governmental aggregator subject to certification under section4928.08of the Revised Code has violated or failed to comply, regarding a competitive retail electric service for which it is subject to certification, with any provision of sections4928.01to4928.10of the Revised Code or any rule or order adopted or issued under those sections.
(C)(1) In addition to the authority conferred under section4911.15of the Revised Code, the consumers' counsel may file a complaint under division (A)(1) or (2) of this section on behalf of residential consumers in this state or appear before the commission as a representative of those consumers pursuant to any complaint filed under division (A)(1) or (2) of this section.
(2) In addition to the authority conferred under section4911.19of the Revised Code, the consumers' counsel, upon reasonable grounds on and after the starting date of competitive retail electric service, may file with the commission under section4905.26of the Revised Code a complaint for discovery if the recipient of an inquiry under section4911.19of the Revised Code fails to provide a response within the time specified in that section.
(D) Section4905.61of the Revised Code applies to a violation by an electric utility of, or to a failure of an electric utility to comply with, any provision of sections4928.01to4928.15, any provision of divisions (A) to (D) of section4928.35of the Revised Code, or any rule or order adopted or issued under those sections.