Update: On December 7, 2016, the PUCO issued a Finding and Order regarding the Shroyer test that the PUCO developed to determine whether an entity is unlawfully operating as a public utility. OMAEG jointly filed an application for rehearing challenging, among other things, the PUCO’s authority to establish a rebuttable presumption that an entity is a public utility based upon a Relative Price Test. This week the PUCO issued an Entry on Rehearing.

In that Entry, the PUCO limited the application of its Relative Price Test and adoption of a Safe Harbor to Resellers servicing submetered residential customers, stating that it will not apply to arrangements between commercial or industrial parties. However, the basic Shroyer test will still apply on a case-by-case basis. The PUCO further clarified that its previous order does not extend to behind-the-meter distributed generation because it was not the subject of the PUCO investigation in this case.

For a more detailed summary of the PUCO’s decision, see Summary of PUCO Second Entry on Rehearing in the Commission Ordered Investigation into Submetering prepared by Carpenter Lipps and Leland.