COLUMBUS, Ohio — The Public Utilities Commission of Ohio (PUCO) adopted significant changes to the state’s utility case rules, a move that consumer advocates warn will make it substantially harder to challenge future rate hikes.
The updated rules shorten filing deadlines, cap the length of written legal arguments, and impose strict time limits on questioning utility company witnesses during general rate cases. The Office of the Ohio Consumers’ Counsel (OCC), the state-appointed agency representing residential consumers, strongly opposed the measures, arguing the changes further tilt the scales in favor of monopoly utilities.
Overview of Key Rule Changes
The changes alter how rate cases—which often involve hundreds of millions of dollars in proposed consumer charges—will be litigated before the commission:
Strict Limits on Cross-Examination: Parties are now generally restricted to just one hour of cross-examination per witness in general rate cases. The OCC warned this rigid limit will allow utilities to stall or assign complex financial and engineering topics to a single witness to avoid scrutiny.
Compressed Deadlines: Initial post-hearing briefs must now be filed within 15 days, with reply briefs due just seven days later.
Page Caps: Legal briefs will generally be capped at 50 pages, limiting the ability of consumer advocates to detail complex evidence from thousands of pages of case testimony.
Audit Protections Denied: The PUCO declined to encode long-sought protections for independent utility audits into official rule language, despite recent administrative changes prohibiting utilities from receiving advance draft audit reports before other parties.
David vs. Goliath Dynamic
In rate proceedings, electric, natural gas, and water utilities hold an inherent advantage because they possess all underlying financial, operational, and technical data. Consumer representatives rely on discovery and cross-examination to uncover weaknesses or unjustified charges in those requests.
“Monopoly utilities are regulated for a reason: consumers deserve a fair process–not a fast track–for determining whether utility charges are justified,” said Ohio Consumers’ Counsel Maureen Willis in a statement. “These new limits give utilities, which already control the underlying information, even more advantage while making it harder for consumer advocates to test their claims. That is not efficiency; it is a weaker process and a greater risk that consumers will pay more than they should.”
The OCC confirmed it is currently reviewing the PUCO’s formal order (Case No. 25-695-AU-ORD) and evaluating potential legal options moving forward.
