The Ohio Manufacturers’ Association (OMA) this week urged lawmakers to reject House Bill 706, warning the measure would write one of the most dangerous utility ideas in years into state law.
Testifying before the House Energy Committee, OMA Energy Counsel Kim Bojko said the bill would abandon Ohio’s long-standing principles of cost causation and nondiscriminatory treatment by allowing utilities to target customers based on what business they are in, not what costs they actually cause. Today the target is data centers. Tomorrow, the same playbook could be used against any large employer, including manufacturers, when political winds shift.
“Creating discriminatory policies that target one industry simply based on its end use of electricity opens the door for future efforts to penalize other industry sectors or types of customers, including manufacturing,” Bojko told lawmakers.
OMA also warned it would be premature to codify the tariff structure behind House Bill 706 while the same framework remains under appeal by the OMA Energy Group before the Supreme Court of Ohio.
The bill is built on the same AEP Ohio tariff framework that has allowed utilities to inflate projected data center demand by roughly 40% per data center, feeding overstated forecasts into PJM planning and capacity markets. Those inflated projections can drive costly infrastructure decisions, while customers are left holding the bill when the forecast hype falls apart.
“House Bill 706 does not protect customers from risk. It protects utilities from accountability,” said Lindsey Short, OMA managing director of energy and advocacy services. “Utilities helped create this problem, exaggerated the forecast and now want lawmakers to bless the playbook. Ohio should not reward inflated projections and discriminatory tariffs by writing them into law.”
OMA urged lawmakers instead to adopt the updated LSC-drafted amendment attached to its testimony that would prevent utilities from denying new service without PUCO approval and require regulators to reject new rate classifications based on a customer’s industry or end use of electricity. The approach would preserve fair, predictable rules that require utilities to prove actual costs before customers are forced to pay. 6/3/2026