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Ohio Supreme Court Rules Submetering Companies Must Be Regulated Like Utilities
The unanimous ruling sends the case back to regulators to decide whether Nationwide Energy Partners supplied electricity without proper registration, affecting tens of thousands of renters.
On Wednesday, the Ohio Supreme Court unanimously ruled that submetering companies are public utilities, ending their long-standing exemption from state oversight and standard utility regulations.
Justice Pat DeWine wrote that Nationwide Energy Partners functions as a utility because it sources electricity, installs equipment, and sets prices, stating, "NEP is in the business of supplying electricity to consumers."
The decision affects 34,000 electric customers across 168 complexes, addressing complaints about bills reaching $600 after submeterers bypassed standard consumer protections like bill pay assistance.
Ohio Consumers Counsel Maureen Willis praised the decision, stating, "No company gets to sell essential electric service in Ohio without playing by the rules," while NEP President and CEO Timothy Harper expressed disagreement.
The Court remanded the case to the Public Utilities Commission of Ohio to determine if NEP operated as an unregistered supplier within American Electric Power Ohio's territory, establishing regulatory precedent.