| Summary: |
|
Entry 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. |
|