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?