YOUNGSTOWN The Public Utilities Commission of Ohio is investigating whether SOBE Thermal Energy Systems, a utility that provides heat and cooling to buildings in downtown Youngstown, can continue its operations after a court ordered the company to surrender equipment it leases.

The commission opened a case docket on Friday to investigate SOBE's ability to provide service, according to documents from the commission. The company serves 27 buildings in downtown Youngstown, including two buildings with about 90 residential units.

The investigation follows a Mahoning County Common Pleas Court order granting Wabash Power Equipment Co. the right to immediate possession of a Containerized Mobile Steam Plant that SOBE uses to provide heating and cooling services to its customers.

The court issued the default judgment on August 21 after Wabash sued SOBE in May. Wabash alleges SOBE failed to pay amounts due under a lease agreement.

According to a letter from Donald Leming, the director of the commission’s Service Monitoring and Enforcement Department, to the commission's chair, Jenifer French, the equipment is required to provide utility service to SOBE's customers. The letter states SOBE has not obtained alternate equipment since the court order.

The Public Utilities Commission of Ohio staff filed a motion on August 28 to stay the judgment, preventing service disconnection for customers. On September 8, the court denied the motion, stating the case was closed and it no longer had jurisdiction.

In his letter, Leming wrote that staff are concerned SOBE's duty to provide adequate service to its customers may be compromised. The commission opened the docket to investigate SOBE's ability to continue to provide service in accordance with Ohio law.

The City of Youngstown is asking the court for a stay of execution of judgment in the suit, so they can find a backup plan, even though a judge already rejected a similar motion from the PUCO.