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Retail Supplier Seeks Rehearing of Denial of License Applications
On August 7, 2026, PALMco Energy OH, LLC and PALMco Power OH, LLC (“Palmco”) filed an application for rehearing regarding the Ohio PUC July 8, 2026 finding and order denying the applications for retail electric and gas supplier and broker licenses.
“PALMco Energy OH, LLC d/b/a Indra Energy (“PALMco Energy”) and PALMco Power OH, LLC d/b/a Indra Energy (“PALMco Power”) (collectively, “Indra”), pursuant to R.C. 4903.10 and Ohio Adm. Code 4901-1-35, respectfully request rehearing of the Commission’s July 8, 2026 Finding and Order (the “Order”) in the above-captioned proceedings”
Excerpts from the petition for rehearing:
“The Commission erred by failing to approve or deny Indra’s Applications within the statutory ninety-day deadline from the date the Applications were suspended, and therefore not recognizing that Indra’s Applications were approved by operation of law as of April 17, 2026.
“The Commission erred by finding that Indra is not managerially fit and capable of performing as either a CRES or CRNGS marketer and broker to large commercial and industrial customers in Ohio in compliance with Commission rules.”
As background, Indra filed its Application for Certification as a Competitive Retail Electric Service Provider (the “CRES Application”) and the Application for Certification as a Competitive Retail Natural Gas Service Provider (the “CRNGS Application) (collectively, the “Applications”) on December 19, 2025, which were supplemented on January 12 and 13, 2026. On January 16, 2026, the administrative law judge issued an Entry suspending the automatic approval process pursuant to R.C. 4928.08/Adm.Code 4901:1-24-10 (CRES) and R.C. 4929.20/Adm.Code 4901:1-27-10 (CRNGS). Those relevant statutes and regulations allow for suspension of the automatic approval process, but the Commission is required to approve or deny the application “not later than ninety days after the date of the suspension.”
Eighty-nine days after suspension of the automatic approval process, Staff filed its Review and Recommendation (“Staff Recommendation”) in the proceedings on April 15, 2026. Staff recommended that the Applications be approved. On July 8, 2026—one hundred and seventy-three (173) days after the Applications were suspended—the Commission issued its Order.
To compound the issue, not only did the Commission clearly ignore the ninety-day deadline, it then also ignored its own precedent and the Staff Recommendation to approve the Applications. Instead, the Commission denied the Applications because, in its view, Indra is not managerially fit and capable of performing either as a CRES or CRNGS marketer and broker to large commercial and industrial customers in Ohio. It came to that conclusion purportedly based on regulatory actions in other jurisdictions related to residential service, which Indra would not be providing under the Applications here. However, the Commission wholly ignored the fact that it approved Applications more than a year ago filed by an entity with the identical ownership structure and identical enforcement action history that would be providing service to an identical class of customers.2 Meaning, the Commission disregarded the statutory deadline only to ignore the well-reasoned Staff Recommendation and issue an Order that is arbitrary, unreasonable, and inconsistent with its own precedent.
“Specifically, Indra requests that the Commission find that the denial of Indra’s Applications for certification as both a competitive retail electric service provider and a competitive retail natural gas service provider in Ohio is unjust, unreasonable, and not in compliance with Ohio law.”
