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Case Record For:

20-1726-WS-CSS

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Case Title: K. HOVNANIAN FOREST LAKES, LLC V. AQUA OHIO, INC.
Status: CL-CLOSED
Industry Code: WS-WATER & SEWER
Purpose Code: CSS-Complaint on service or safety
Date Opened: 11/18/2020 2:39:13 PM
Date Closed: 7/11/2023
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Date FiledSummaryPages
07/11/2023Case Action Form closing the case with an effective date of 7/11/23 electronically filed by Daniel E. Fullin on behalf of Public Utilities Commission of Ohio.1
05/31/2023Service Notice.2
05/31/2023Entry that the Commission grants the parties’ joint motion to dismiss the complaint, with prejudice electronically filed by Ms. Donielle M. Hunter on behalf of Public Utilities Commission of Ohio.4
05/15/2023Joint Motion to Dismiss electronically filed by Mr. Erik L. Walter on behalf of K. Hovnanian Forest Lakes, LLC and Aqua Ohio, Inc. and Flanary, Jacob.2
05/03/2023Service Notice.2
05/03/2023Entry granting in part, and denying in part, the motion to dismiss filed in this case on October 5, 2022. We grant that portion of the motion seeking dismissal of an individual, named Respondent Jacob Flanary, as a party to this case. However, we deny that portion of the motion seeking complete case dismissal based on an alleged failure of the complaint to state reasonable grounds for hearing under R.C. 4905.26. Consequently, we direct that an evidentiary hearing be scheduled and held for the purpose of adjudicating whether the Respondent’s operating practice at issue -- of requiring use of ductile iron piping exclusively for construction of the main extension project involved -- conforms with generally accepted utility engineering practices pursuant to Ohio Adm.Code 4901:1-15-30(F), or, otherwise, is unreasonable or unlawful electronically filed by Debbie S. Ryan on behalf of Public Utilities Commission of Ohio.10
11/14/2022Complainant's Motion for Leave to Deem Response Timely Filed and to Allow Supplement electronically filed by Mr. Erik L. Walter on behalf of K. Hovnanian Forest Lakes, LLC.3
11/09/2022Motion to Strike Complainant's Unauthorized Filing and Memorandum in Support electronically filed by Ms. Nicole R. Woods on behalf of Aqua Ohio, Inc. and Flanary, Jacob Mr.4
10/25/2022Supplement to Response electronically filed by Mr. Erik L. Walter on behalf of K. Hovnanian Forest Lakes, LLC.4
10/20/2022Service Notice.2
10/20/2022Attorney Examiner Entry that in accordance with the above findings, both the previously scheduled settlement conference and previously scheduled hearing are postponed on an indefinite basis, and will, as described in Paragraph 12, be rescheduled as appropriate, by future entry electronically filed by Ms. Donielle M. Hunter on behalf of Daniel E. Fullin, Attorney Examiner, Public Utilities Commission of Ohio.5
10/18/2022Complainant's Reply to Respondent's Motion to Dismiss and Expedited Ruling Request electronically filed by Mr. Erik L. Walter on behalf of K. Hovnanian Forest Lakes, LLC.8
10/05/2022Respondents' Motion to Dismiss and Expedited Ruling Requested electronically filed by Mr. Christopher L. Miller on behalf of Aqua Ohio, Inc.14
09/07/2022Service Notice.2
09/07/2022Entry that the Commission finds that it has jurisdiction to determine whether the practice of Aqua Ohio, Inc., of requiring use of only ductile iron piping in construction of waterlines for the land development project involved in this case, conforms with generally accepted utility engineering practices pursuant to Ohio Adm.Code 4901:1-15-30(F), or, otherwise, is unreasonable or unlawful. Based on this jurisdictional determination, a settlement conference is scheduled by this Entry, along with an evidentiary hearing which will proceed, as scheduled here, if settlement beforehand is not reached electronically filed by Ms. Donielle M. Hunter on behalf of Public Utilities Commission of Ohio.18
 
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Attorney General:
Attorney Examiner:
Fullin, Daniel