Electric Separation Statute Enforced
Published: May 31, 2017 by Luther LiggettIn a precedent-setting decision, the Ohio Supreme Court held that the Public Utilities Commission of Ohio failed to enforce Ohio’s Corporate Separation Plan Statute by allowing a utility to offer non-utility electrical services in a competitive market.
A provider of competitive retail electric service challenged the utility when the PUCO allowed amendment of the utility’s corporate separation plan to allow for the utility to sell:
- Equipment installation, maintenance;
- Outage or voltage problems;
- Generators on construction projects;
- Energy consumption analysis.The only legal basis is to provide such products or services through a fully separated affiliate.
- In re Application of Duke Energy Ohio, Inc., 148 Ohio St.3d 510, 2016-Ohio-7535.
- The Supreme Court held that the PUCO erred by allowing the utility “to engage in the unregulated, competitive business of selling nonelectric products and services, which is prohibited….”
If you have questions, please do not hesitate to contact attorney Luther L. Liggett of Graff & McGovern at 614-228-5800, ext. 6.