YOUNGSTOWN, Ohio – A Mahoning County Common Pleas Court has ruled that the city may intervene as a ratepayer and move forward with a cross-claim seeking injunctive relief against SOBE Thermal Energy Systems LLC.
The order was filed April 2 and signed by Magistrate Nicole Butler.
The city filed an amended motion March 17, requesting the court allow it to intervene as a ratepayer and affected party in an ongoing legal matter between the Public Utilities Commission of Ohio and SOBE. The motion also included a proposed cross-claim.
“The city of Youngstown is a ratepayer directly affected by the operation of the utility at issue and possesses substantial governmental and proprietary interests in the outcome of this proceeding,” the filing says. “Those interests are not adequately represented by the existing parties and may be impaired by the disposition of this action.”
In her order, Butler found the city’s position “well taken.”
SOBE, a district steam heating and cooling company located on North Avenue, provides the service to more than two dozen buildings downtown, including City Hall.
The district utility fell into receivership in September after the PUCO found that it could no longer act as a going concern and provide service to its customers.
The matter reached a critical point this winter, as dangerously cold weather as low as 17 degrees below zero gripped the Mahoning Valley. During that period, SOBE’s boilers failed on several occasions, leaving city offices, downtown businesses and residents without adequate heat.
In its cross-claim, the city alleges the situation has led to damaged infrastructure and risk to public health and has caused interference with municipal operations and facilities and “other economic and non-economic losses.”
“SOBE, through its receiver, knew or should have known that such negligent operation would cause harm to the city and the public,” the filing says.
According to its cross-claim, the city would seek injunctive relief through a court order that compels SOBE to inform customers and counsel for the PUCO of any maintenance issue that might impact customers within eight hours, provide adequate and necessary service to customers required by law, order the receiver to inform the court and the PUCO within 24 hours of any temporary outage of SOBE’s systems and “any other relief the court deems just and equitable.”