PUC To Open Investigation Of Jurisdiction Over Multi-Family Property Owner "Agency Services", Third-Party Billing, Submetering Companies

The Public Utilities Commission of Ohio intends to open an investigation to determine whether third-party agents or contractors who bill tenants for electricity, where the utility customer of record is a multi-family property owner, are operating as public utilities, as well as whether the scope of the Commission's jurisdiction extends to submetering arrangements, after denying motions to intervene from several parties in a complaint proceeding.

Case No. 15-1594-AU-COI has been reserved for the proceeding

PUCO's decision to open a generic proceeding grew from a complaint filed against Nationwide Energy Partners, LLC, a submetering company, in which the complainant has alleged that NEP through its billing of tenants is acting as a public utility or a competitive retail electric service (CRES) provider without authorization.

NEP has denied that it meets the definition of a public utility or CRES provider, but said that pursuant to a contract with the North Bank Condominium Owners Association (NBCOA), it issues bills to the complainant (and other residents) on a monthly basis that contain charges for electric service. NEP has said that the customer of the utility is North Bank Condominium Owners Association, and that NEP has provided agency services for North Bank.

PUCO abated the complaint case pending its generic investigation of the issues