Rep. Brennan Responds to Nationwide Energy Partners' Request for Reconsideration in Ohio Supreme Court Submetering Case

COLUMBUS – State Rep. Sean Patrick Brennan (D–Parma) today responded to Nationwide Energy Partners’ request that the Ohio Supreme Court reconsider its recent unanimous ruling finding the company subject to public utility regulation.

“The Ohio Supreme Court’s decision was an important victory for transparency, accountability, and consumer protections for Ohio residents living in submetered apartment communities,” said Rep. Brennan. “Attempts to reverse that decision should not distract from the core issue: when a company purchases and resells electricity to tenants while controlling billing and service practices, consumers deserve meaningful oversight and protections.”

The Court’s ruling last month remanded the matter to the Public Utilities Commission of Ohio for further proceedings. Critics of the submetering model, including Rep. Brennan, consumer advocates, and utilities, have argued for years that tenants in submetered properties often lack many of the safeguards afforded to traditional utility customers.

Rep. Brennan noted that the Court carefully examined the facts and statutory framework before concluding that submetering companies can fall within the definition of a public utility under Ohio law.

“This is not about punishing innovation or disrupting legitimate business operations,” continued Rep. Brennan. “It is about ensuring that Ohioans who pay monthly utility bills have access to fair rates, dispute resolution, low income assistance programs, transparency, and regulatory oversight comparable to other utility customers.”

Rep. Brennan also reiterated his support for bipartisan legislation he introduced with Rep. Tex Fischer (R–Canfield), House Bill (HB) 265, which would formally define submetering companies as public utilities under Ohio law.

“HB 265 provides clarity while putting consumers first,” added Rep. Brennan. “I remain concerned that alternative proposals seeking to broadly exempt submetering companies from regulation would weaken protections for tenants and create an uneven playing field.”

The debate over submetering regulation has intensified following the Court’s decision, with competing legislative proposals now pending before the Ohio General Assembly. Rep. Brennan said the Legislature should use this moment to strengthen consumer protections rather than roll them back.

“Ohio residents should not lose protections simply because their electricity passes through a third-party reseller instead of directly from a utility,” concluded Rep. Brennan. “As this issue moves forward in both the courts and the Legislature, my focus will remain on fairness, accountability, and protecting consumers.”