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Supreme Court of Ohio

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Is a Public Utility Tariff a 'General Law' That Preempts a City's Home Rule Power to Regulate Public Rights of Way?

In the Matter of the Complaint of the City of Reynoldsburg, Ohio v. Columbus Southern Power Company, Case no. 2011-1274

Appeal from ruling of Public Utilities Commission

ISSUE: Is a provision included in a utility company tariff (rate and service schedule) that has been approved by the Public Utilities Commission of Ohio (PUCO) equivalent to a "general law" of the state that preempts the home rule authority of a municipality to enact a conflicting local ordinance that regulates the use of public rights-of-way within the municipality?

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Ohio Government Judicial Branch Supreme Court of Ohio

Markers Transcript

00:01:01	Mark Yurick for the City of Reynoldsburg
00:18:56	Thomas Lindgren for the PUCO
00:28:14	Matthew Satterwhite for Columbus Southern Power Co.
00:39:14	Summation: Mark Yurick for the City of Reynoldsburg

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Note : Transcripts are compiled from uncorrected captions