Ohio Opens Investigation of Regulation of Submetering, Condominium Associations

The Public Utilities Commission of Ohio has formally opened an investigation regarding the proper regulatory framework that should be applied to submetering and condominium associations

The investigation results from a complaint which had alleged unfair and unreasonable business practices in the provision of commodities typically provided through public utility service.

PUCO noted that it has historically applied a three-part test to determine if an entity is operating as a public utility and falls within the scope of the Commission's exclusive jurisdiction in landlord/tenant and similar circumstances:

(a) Have the manufactured home park owners manifested an intent to be a public utility by availing themselves of special benefits available to public utilities such as accepting a grant of a franchised territory, a certificate of public convenience and necessity, the use of eminent domain, or use of the public right of way for utility purposes?

(b) Are the water services available to the general public rather than just to tenants residing in the manufactured home park?

(c) Is the provision of water services ancillary to the primary business of operating a manufactured home park?

Among other things, the Commission asked, "What impacts to customers and stakeholders would there be if the Commission were to assert jurisdiction over submetering in the state of Ohio?"

Case No. 15-1594-AU-COI