Ohio Rev. Code » Chapter 4905
Ohio Revised Code

Ohio Rev. Code § 4905.03 (2026)

Public utility company definitions

✓ current as of May 2026
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Effective:
August 14, 2025
Latest Legislation:
House Bill 15 - 136th General Assembly
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As used in this chapter, any person, firm, copartnership, voluntary association, joint-stock association, company, or corporation, wherever organized or incorporated, is:

(A) A telephone company, when engaged in the business of transmitting telephonic messages to, from, through, or in this state;

(B) A for-hire motor carrier, when engaged in the business of transporting persons or property by motor vehicle for compensation, except when engaged in any of the operations in intrastate commerce described in divisions (B)(1) to (9) of section 4921.01 of the Revised Code, but including the carrier's agents, officers, and representatives, as well as employees responsible for hiring, supervising, training, assigning, or dispatching drivers and employees concerned with the installation, inspection, and maintenance of motor-vehicle equipment and accessories;

(C) An electric light company, when engaged in the business of supplying electricity for light, heat, or power purposes to consumers within this state, including supplying electric transmission service for electricity delivered to consumers in this state, but excluding a regional transmission organization approved by the federal energy regulatory commission.

An electric light company does not include a self-generator or mercantile customer self-power system.

(D) A gas company, when engaged in the business of supplying artificial gas for lighting, power, or heating purposes to consumers within this state or when engaged in the business of supplying artificial gas to gas companies or to natural gas companies within this state, but a producer engaged in supplying to one or more gas or natural gas companies, only such artificial gas as is manufactured by that producer as a by-product of some other process in which the producer is primarily engaged within this state is not thereby a gas company. All rates, rentals, tolls, schedules, charges of any kind, or agreements between any gas company and any other gas company or any natural gas company providing for the supplying of artificial gas and for compensation for the same are subject to the jurisdiction of the public utilities commission.

(E) A natural gas company, when engaged in the business of supplying natural gas for lighting, power, or heating purposes to consumers within this state. Notwithstanding the above, neither the delivery nor sale of Ohio-produced natural gas or Ohio-produced raw natural gas liquids by a producer or gatherer under a public utilities commission-ordered exemption, adopted before, as to producers, or after, as to producers or gatherers, January 1, 1996, or the delivery or sale of Ohio-produced natural gas or Ohio-produced raw natural gas liquids by a producer or gatherer of Ohio-produced natural gas or Ohio-produced raw natural gas liquids, either to a lessor under an oil and gas lease of the land on which the producer's drilling unit is located, or the grantor incident to a right-of-way or easement to the producer or gatherer, shall cause the producer or gatherer to be a natural gas company for the purposes of this section.

All rates, rentals, tolls, schedules, charges of any kind, or agreements between a natural gas company and other natural gas companies or gas companies providing for the supply of natural gas and for compensation for the same are subject to the jurisdiction of the public utilities commission. The commission, upon application made to it, may relieve any producer or gatherer of natural gas, defined in this section as a gas company or a natural gas company, of compliance with the obligations imposed by this chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923. of the Revised Code, so long as the producer or gatherer is not affiliated with or under the control of a gas company or a natural gas company engaged in the transportation or distribution of natural gas, or so long as the producer or gatherer does not engage in the distribution of natural gas to consumers.

Nothing in division (E) of this section limits the authority of the commission to enforce sections 4905.90 to 4905.96 of the Revised Code.

(F) A pipe-line company, when engaged in the business of transporting natural gas, oil, or coal or its derivatives through pipes or tubing, either wholly or partly within this state, but not when engaged in the business of the transport associated with gathering lines, raw natural gas liquids, or finished product natural gas liquids;

(G) A water-works company, when engaged in the business of supplying water through pipes or tubing, or in a similar manner, to consumers within this state;

(H) A heating or cooling company, when engaged in the business of supplying water, steam, or air through pipes or tubing to consumers within this state for heating or cooling purposes;

(I) A messenger company, when engaged in the business of supplying messengers for any purpose;

(J) A street railway company, when engaged in the business of operating as a common carrier, a railway, wholly or partly within this state, with one or more tracks upon, along, above, or below any public road, street, alleyway, or ground, within any municipal corporation, operated by any motive power other than steam and not a part of an interurban railroad, whether the railway is termed street, inclined-plane, elevated, or underground railway;

(K) A suburban railroad company, when engaged in the business of operating as a common carrier, whether wholly or partially within this state, a part of a street railway constructed or extended beyond the limits of a municipal corporation, and not a part of an interurban railroad;

(L) An interurban railroad company, when engaged in the business of operating a railroad, wholly or partially within this state, with one or more tracks from one municipal corporation or point in this state to another municipal corporation or point in this state, whether constructed upon the public highways or upon private rights-of-way, outside of municipal corporations, using electricity or other motive power than steam power for the transportation of passengers, packages, express matter, United States mail, baggage, and freight. Such an interurban railroad company is included in the term "railroad" as used in section 4907.02 of the Revised Code.

(M) A sewage disposal system company, when engaged in the business of sewage disposal services through pipes or tubing, and treatment works, or in a similar manner, within this state.

As used in division (E) of this section, "natural gas" includes natural gas that has been processed to enable consumption or to meet gas quality standards or that has been blended with propane, hydrogen, biologically derived methane gas, or any other artificially produced or processed gas.

As used in this section, "gathering lines" has the same meaning as in section 4905.90 of the Revised Code, and "raw natural gas liquids" and "finished product natural gas liquids" have the same meanings as in section 4906.01 of the Revised Code.

As used in this section, "self-generator" has the same meaning as in section 4928.01 of the Revised Code, and "mercantile customer self-power system" has the same meaning as in section 4928.73 of the Revised Code.

Last updated May 22, 2025 at 5:16 PM

Notes of Decisions
Cited in 66 cases (8 in the last 5 years), 1955–2026 · leading case: East Ohio Gas Co. v. Pub. Utils. Comm'n, 530 N.E.2d 875 (Ohio 1988).
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East Ohio Gas Co. v. Pub. Utils. Comm'n, 530 N.E.2d 875 (Ohio 1988). · cites it 6× “East Ohio argues: (1) that MB and Northeast are affiliated within the meaning of R.C. 4905.03(A)(6), so that the commission cannot relieve MB from regulation as a public utility and natural gas company; (2) that even if it is not affiliated with Northeast, a producer of natural…”
Anderson v. Barclay's Capital Real Est., Inc., 2013 Ohio 1933 (Ohio 2013). · cites it 4× “48 of the Revised Code and transactions in connection with residential mortgages between loan officers, mortgage brokers, or nonbank mortgage lenders and their customers; transactions involving a home construction service contract as defined in section 4722.”
In re Complaint of Wingo v. Nationwide Energy Partners, L.L.C. (Slip Opinion), 2020 Ohio 5583 (Ohio 2020). · cites it 9× “] Public Utilities—R.C. 4905.03 and 4905.04—Public Utilities Commission’s jurisdiction over customer’s claims against submetering company— Commission’s jurisdiction is defined by statute—Commission has jurisdiction over “public utilities”—Commission improperly adopted a…”
Taylor v. First Resolution Invest. Corp. (Slip Opinion), 2016 Ohio 3444 (Ohio 2016). · cites it 2× ““Consumer transaction” does not include transactions between persons, defined in sections 4905.03 and 5725.01 [financial institution defined] of the Revised Code, and their customers, except for transactions involving a loan made pursuant to sections 1321.”
Gen. Motors Corp. v. Tracy, 519 U.S. 278 (1997). · cites it 2× “1995); see generally §§ 49-02-01 through 49-07-06; Ohio: Ohio Rev. Code Ann. §§ 4905.03 (A)(6), 4905.”
Haning v. Pub. Utils. Comm'n, 712 N.E.2d 707 (Ohio 1999). · cites it 32× “The appellate court pointed out that the otherwise relevant provisions of the Ohio Consumer Sales Practices Act apply only to consumer transactions set forth in R.C. 1345.01(A) and that that statutory provision contains the following exception: “ ‘[Cjonsumer transaction’ does…”
DSS Servs., L.L.C. v. Eitel's Towing, L.L.C., 2019 Ohio 3158 (Ohio Ct. App. 2019). · cites it 2× “DSS maintains that an entity engaged in the towing of motor vehicles is a public utility.”
Dillon v. Farmers Ins. of Columbus, Inc. (Slip Opinion), 2015 Ohio 5407 (Ohio 2015). · cites it 3× “The statute further states that a “ ‘consumer transaction’ does not include transactions between persons, defined in sections 4905.03 and 5725.01 of the Revised Code, and their customers.”
Atwood Resources, Inc. v. Pub. Utils. Comm'n, 538 N.E.2d 1049 (Ohio 1989). · cites it 6× “of the Revised Code: (A) Any person, firm, copartnership, voluntary association, joint-stock association, company, or corporation, wherever organized or incorporated, is: * * * (6) A natural gas company, when engaged in the business of supplying natural gas for lighting, power,…”
Patton v. Diemer, 518 N.E.2d 941 (Ohio 1988). “13 of the Revised Code: “(A) ‘Consumer transaction’ means a sale, lease, assignment, award by chance, or other transfer of an item of goods, a service, franchise, or an intangible, except those transactions between persons, defined in sections 4905.03 and 5725.01 of the Revised…”
GTE North, Inc. v. Zaino, 96 Ohio St. 3d 9 (Ohio 2002). · cites it 2× “” Former R.C. 4905.03(A)(2), 1980 Am.Sub.H.B. No. 21, 138 Ohio Laws, Part I, 1443, and former R.”
Columbia Gas Transmission Corp. v. Levin, 882 N.E.2d 400 (Ohio 2008). “9, 149 Ohio Laws, Part II, 3857, 3895-3896. . Columbia incorrectly claims that this issue was not preserved for appeal; the Tax Commissioner raised this issue in his amended notice of appeal.”
Show all 66 citing cases →
— Ohio Rev. Code § 4905.03(A) — 3 cases
Radio Relay Corp. v. Pub. Utils. Comm'n, 341 N.E.2d 826 (Ohio 1976).
Stepp v. Proficient Transp., Inc., 2017 Ohio 8007 (Ohio Ct. App. 2017).
In re Complaint of Ohio Power Co v. Nationwide Energy Partners, L.L.C., 2026 Ohio 1406 (Ohio 2026).
— Ohio Rev. Code § 4905.03(A)(14) — 2 cases
In re Complaint of Wingo v. Nationwide Energy Partners, L.L.C. (Slip Opinion), 2020 Ohio 5583 (Ohio 2020). “] Public Utilities—R.C. 4905.03 and 4905.04—Public Utilities Commission’s jurisdiction over customer’s claims against submetering company— Commission’s jurisdiction is defined by statute—Commission has jurisdiction over “public utilities”—Commission improperly adopted a…”
Pledger v. Pub. Utils. Comm'n, 849 N.E.2d 14 (Ohio 2006).
— Ohio Rev. Code § 4905.03(A)(2) — 5 cases
GTE North, Inc. v. Zaino, 96 Ohio St. 3d 9 (Ohio 2002). “” Former R.C. 4905.03(A)(2), 1980 Am.Sub.H.B. No. 21, 138 Ohio Laws, Part I, 1443, and former R.”
GTE North, Inc. v. Zaino, 2002 Ohio 2984 (Ohio 2002).
Radio Relay Corp. v. Pub. Utils. Comm'n, 341 N.E.2d 826 (Ohio 1976).
Panther II Transp., Inc. v. Seville Bd. of Tax Rev., 2012 Ohio 3525 (Ohio Ct. App. 2012).
Airtouch Paging v. Tracy, 675 N.E.2d 1305 (Ohio Ct. App. 1996).
— Ohio Rev. Code § 4905.03(A)(3) — 1 case
Panther II Transp., Inc. v. Seville Bd. of Tax Rev., 2012 Ohio 3525 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 4905.03(A)(4) — 3 cases
Cleveland Elec. Illum. Co. v. Pub. Util. Comm., 1996 Ohio 298 (Ohio 1996).
State ex rel. Columbus S. Power Co. v. Fais, 884 N.E.2d 1 (Ohio 2008).
City of Englewood v. Miami Valley Lighting, L.L.C., 911 N.E.2d 913 (Ohio Ct. App. 2009).
— Ohio Rev. Code § 4905.03(A)(5) — 3 cases
Haning v. Pub. Utils. Comm'n, 712 N.E.2d 707 (Ohio 1999). “The appellate court pointed out that the otherwise relevant provisions of the Ohio Consumer Sales Practices Act apply only to consumer transactions set forth in R.C. 1345.01(A) and that that statutory provision contains the following exception: “ ‘[Cjonsumer transaction’ does…”
Haning v. Pub. Util. Comm., 1999 Ohio 90 (Ohio 1999).
Haning v. Rutland Furniture, Inc., 684 N.E.2d 713 (Ohio Ct. App. 1996).
— Ohio Rev. Code § 4905.03(A)(6) — 8 cases
East Ohio Gas Co. v. Pub. Utils. Comm'n, 530 N.E.2d 875 (Ohio 1988). “East Ohio argues: (1) that MB and Northeast are affiliated within the meaning of R.C. 4905.03(A)(6), so that the commission cannot relieve MB from regulation as a public utility and natural gas company; (2) that even if it is not affiliated with Northeast, a producer of natural…”
Columbia Gas Transmission Corp. v. Levin, 882 N.E.2d 400 (Ohio 2008). “9, 149 Ohio Laws, Part II, 3857, 3895-3896. . Columbia incorrectly claims that this issue was not preserved for appeal; the Tax Commissioner raised this issue in his amended notice of appeal.”
Util. Serv. Partners, Inc. v. Pub. Utils. Comm'n, 2009 Ohio 6764 (Ohio 2009).
Haning v. Pub. Utils. Comm'n, 712 N.E.2d 707 (Ohio 1999). “The appellate court pointed out that the otherwise relevant provisions of the Ohio Consumer Sales Practices Act apply only to consumer transactions set forth in R.C. 1345.01(A) and that that statutory provision contains the following exception: “ ‘[Cjonsumer transaction’ does…”
Atwood Resources, Inc. v. Pub. Utils. Comm'n, 538 N.E.2d 1049 (Ohio 1989). “of the Revised Code: (A) Any person, firm, copartnership, voluntary association, joint-stock association, company, or corporation, wherever organized or incorporated, is: * * * (6) A natural gas company, when engaged in the business of supplying natural gas for lighting, power,…”
— Ohio Rev. Code § 4905.03(A)(8) — 1 case
Pledger v. Pub. Utils. Comm'n, 849 N.E.2d 14 (Ohio 2006).
— Ohio Rev. Code § 4905.03(B) — 3 cases
DSS Servs., L.L.C. v. Eitel's Towing, L.L.C., 2019 Ohio 3158 (Ohio Ct. App. 2019). “DSS maintains that an entity engaged in the towing of motor vehicles is a public utility.”
Stepp v. Proficient Transp., Inc., 2017 Ohio 8007 (Ohio Ct. App. 2017).
GEICO Ins. Co. v. Glendale Body Shop, Inc., 2026 Ohio 899 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 4905.03(C) — 3 cases
In re Complaint of Wingo v. Nationwide Energy Partners, L.L.C. (Slip Opinion), 2020 Ohio 5583 (Ohio 2020). “] Public Utilities—R.C. 4905.03 and 4905.04—Public Utilities Commission’s jurisdiction over customer’s claims against submetering company— Commission’s jurisdiction is defined by statute—Commission has jurisdiction over “public utilities”—Commission improperly adopted a…”
In re Complaint of Ohio Power Co v. Nationwide Energy Partners, L.L.C., 2026 Ohio 1406 (Ohio 2026).
In re Complaint of Direct Energy Bus., L.L.C. v. Duke Energy Ohio, Inc. (Slip Opinion), 2020 Ohio 4429 (Ohio 2020).
— Ohio Rev. Code § 4905.03(G) — 1 case
In re Complaint of Wingo v. Nationwide Energy Partners, L.L.C. (Slip Opinion), 2020 Ohio 5583 (Ohio 2020). “] Public Utilities—R.C. 4905.03 and 4905.04—Public Utilities Commission’s jurisdiction over customer’s claims against submetering company— Commission’s jurisdiction is defined by statute—Commission has jurisdiction over “public utilities”—Commission improperly adopted a…”
— Ohio Rev. Code § 4905.03(M) — 1 case
In re Complaint of Wingo v. Nationwide Energy Partners, L.L.C. (Slip Opinion), 2020 Ohio 5583 (Ohio 2020). “] Public Utilities—R.C. 4905.03 and 4905.04—Public Utilities Commission’s jurisdiction over customer’s claims against submetering company— Commission’s jurisdiction is defined by statute—Commission has jurisdiction over “public utilities”—Commission improperly adopted a…”
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