01/24/2024
January 24, 2024
To: ALL TRAO/APTO Members
Re: PRIVATE PROPERTY RATES/ PUCO - CALL TO ACTION
The PUCO’s recent review of the PPI rates was a disappointment. Unfortunately, the PUCO did not increase the PPI towing and storage fees when the rates were reviewed in 2023. That means it has been 6 years since there has been a rate increase. An increasing number of agencies are now incorporating the PUCO PPI rate as a reference point when negotiating police towing rates. Given its status as the sole statewide regulated rate, the PUCO PPI rate serves as a benchmark against which all other towing fees are measured and compared.
The time has come for the Ohio Towers to take a stand and fight the PUCO results. The PPI Rate importance cannot be understated. Whether PPI Towing or Police Towing, the PPI rate must be addressed. In November 2023, the TRAO and APTO Private Property Committee retained Attorney Steve Lesser to review the PUCO Case concerning the PPI rate review and suggest our path moving forward.
About Steve Lesser:
Steve Lesser is currently with the Benesch law firm but had a long career inside the PUCO as the Deputy Director of the Transportation Department, Administrative Law Judge/Attorney Examiner in the Legal Department, Chief of Staff, and then held a five-year term as a PUCO Commissioner. Steve comes highly recommended to work with the towing industry based on his extensive experience, knowledge, and capabilities representing clients through the complex regulatory processes of the PUCO.
Here is a link to Steve’s bio to learn more about him: https://www.beneschlaw.com/people/steven-d-lesser.html
Mr. Lesser’s recommendations:
Mr. Lesser is currently recommending two different options for Ohio Towers to challenge the PUCO’s decision to increase the PPI rate and has asked for a couple weeks to research each option:
1. Waive the Rule
or
2. A Self Complaint
Mr. Lesser could start as early as February 2024, but there is no estimate on how long it could take since it is dependent on PUCO case load. However, the goal of the industry is to challenge the decision and find a path forward to receive a fair and just review of the PPI rate we believe deserves to be increased.
Moving Forward...
TRAO and APTO are moving forward with Attorney Lesser. To make this happen, your help is required. Here is a breakdown of what is needed.
#1: Raise the funds to cover the legal expenses. We are estimating the cost to be approximately $50,000 for Legal Expenses. Money must be raised through donations to pay attorney fees.
• Funds must be raised by 2/12/2024
• All donations will only be spent toward legal fees, with receipt provided
• One company has donated $ 10,000 to get the process started
• TRAO and APTO agreed to equally raise $ 20,000 each
#2: Company testimonials from 4 companies
Mr. Lesser will need individual companies’ financial information to help demonstrate the negative financial impact of rising costs and the stagnant PPI rate. Although general financial information was provided to the PUCO, detailed financial testimonials from a few Ohio towing companies are needed to explain the negative impact more adequately. We must have companies in place by 2/12/2024.
For those companies that would like to provide this information:
• Company names will not be used, but referred to as Company A, B, C, etc. so no one will know the companies who participated.
• Companies will interact with Mr. Lesser directly with Attorney privilege protections.
• If PUCO requests to know the company names, Mr. Lesser will have the records sealed, therefore not accessible in public record. Mr. Lesser states this in almost all cases the names remain sealed.
• Contact: Megan Lashutka at [email protected] for more information
On behalf of TRAO and APTO, we appreciate your consideration to join the battle for an increase in PPI rates.
Please consider donating by clicking this link:
https://trao.org/donation/
Or
Mail Check to:
TRAO Legal Fund
500 W. Main St., Batavia, OH 45103
All money donated to TRAO Legal Fund will solely be used for legal expenses.
Questions? Reach out to one of the following:
Connie Rohrich- TRAO President – (513) 623-5594
Bruce Bender – TRAO Administrator – (513) 791-3555
Megan Lashutka – [email protected]