Must PUCO Consider Owner's Residual Property Rights in Determining Whether Trees In Easement May be Removed?

Under Terms of the Easement Agreement Between Owner and Utility

In the Matter of the Complaint of Kurt Wimmer/Wimmer Family Trust v. Ohio Edison Company, Case no. 2011-0563

Appeal from Order of Public Utilities Commission of Ohio

ISSUE: When a real estate easement agreement gives an electric utility permission to enter an owner's property and trim or remove such trees or tree limbs within the easement "as may interfere with or endanger" the company's power lines, must the Public Utilities Commission of Ohio (PUCO) consider the owner's residual rights to enjoyment and maintenance of vegetation on the property in determining whether the utility is acting reasonably when it decides to cut down trees in the easement rather than trimming them based on a change in the company's vegetation management policies?