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On October 15, 2026 Northeast Ohio Public Energy Council (NOPEC) files a motion to intervene and a request for expedited treatment in the application of buckeye energy brokers for a certificate to provide competitive retail electric service.

NOPEC argues that the “Commission should grant this motion to intervene because NOPEC has a real and substantial interest in this proceeding, and the Commission’s approval of Buckeye Energy Brokers, Inc. (“Buckeye”) Application may impair or impede NOPEC’s interests. In addition, NOPEC’s interests will not be adequately represented by other parties.”

The statutory requirements that Buckeye has failed to comply with include: (1) obtaining the approval by the legislative authority or board for a community for the aggregation of the eligible load within the community; (2) obtaining voter approval of the aggregation program from members of the community; (3) obtaining approval by the legislative authority or board for a community of a plan of operation and governance (“POG”) for aggregation program; and (4) the legislative authority or board holding at least two public hearings on the POG.

“[S]uspension of Buckeye’s Application is necessary to ensure the communities that it advises comply with Ohio law and the Commission’s rules addressing governmental aggregation. In addition, NOPEC’s participation in this case will result in an equitable resolution because NOPEC will help develop a record regarding the potential negative impact of Buckeye on local communities. Moreover, a review of the facts and circumstances of Buckeye’s failure to comply with Ohio law needs to be fully investigated by Staff and the appropriate consequences determined by the Commission.”

Previously on October 14, 2026, filed an objection to Buckeye Energy Brokers renewal application.

NOPEC requests that the Public Utilities Commission of Ohio (PUCO) deny Buckeye Energy Broker, Inc.’s (“Buckeye”) competitive retail electric broker/aggregator renewal application, which was filed on October 5, 2026 arguing that Buckeye does not have the managerial and technical capability to provide competitive retail electric service (“CRES”) to local communities, as required under O.A.C. 4901:1-24-10(C).

More specifically OPEC argues that “[W]hile performing these activities on behalf of the local communities, Buckeye is required to ensure the local communities comply with Ohio law. R.C. 4928.20(A) requires the legislative authority of the community to adopt an ordinance or resolution authorizing the community to aggregate the electric load of its residents. The ordinance or resolution adopted shall direct the board of elections to submit the question of aggregation to the electors of the respective political subdivision.8 If a majority of the electors approve the governmental aggregation program, then the community’s legislative authority must develop a plan of operation and governance for the aggregation program.9 The legislative authority must hold two public hearings on the plan of operation and governance regarding the aggregation program approved by the voters under R.C. 4928.20(C).10 Before the first hearing, the legislative authority must publish notice of the hearings once a week for two consecutive weeks in a newspaper of general circulation.

O.A.C. 4901:1-21-16(A) states that electric governmental aggregators must complete all the requirements of R.C. 4928.20(A)-(C) before submitting their applications to the Commission. Although Buckeye represents that it works with local communities to become certificated by the Commission, recent governmental aggregator applications filed by Buckeye have failed to meet these fundamental legal requirements.”