Ohio Justices Say Agency Lacks Power In $2M Energy Row

Law360 (September 18, 2020, 10:20 PM EDT) -- The Public Utility Commission of Ohio lacked the authority to determine whether Duke Energy Ohio Inc. mistakenly passed along bad energy usage data to a regional grid operator that caused an energy reseller to be over-billed by $2 million, Ohio's state high court has ruled.

In a unanimous slip opinion Thursday, the Ohio Supreme Court reversed PUCO's holding that Duke Energy had failed to provide "adequate service," as required under Ohio law governing public utilities. But Duke Energy was not acting as a public utility in its interactions with the energy purchaser, Direct Energy Business LLC, the state court said in...

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