Six years ago this November, relatives found 85-year-old Dorothy Easterling and her 48-year-old son Estill Easterling III dead in their beds in their home on Orchard Street in Sharonville.

The pair reportedly died of hypothermia after Duke Energy disconnected electricity to the house, where widowed Easterling was caring for her son, who had severe Down syndrome.

The Easterlings were behind $103.18 on their bill.

It's taken until now for the Public Utilities Commission of Ohio to determine that Duke "prematurely" disconnected the household based on the state's winter season heating requirements.

The commission regulates investor-owned utilities such as electricity, natural gas and telephone service that Ohioans depend on.

Now, the Easterling family is considering refiling a wrongful death case against Duke, according to Don Lane, the lawyer representing them.

"Obviously, we don't want this to happen to anybody else," Lane said.

The commission's ruling does not make Duke responsible for the Easterlings' deaths, nor does it provide compensation. Only a court can do that.

The deaths spurred the Easterlings' survivors to file a wrongful death case in 2013. But Hamilton County Common Pleas Judge Charles Kubicki Jr. decided the commission has "exclusive jurisdiction because the claim is for defendants' termination of utilities."

Lane said he suspects the family will refile the wrongful death case to try to prove Duke is responsible, now that the commission found Duke violated a state rule.

In response, Duke Energy spokeswoman Sally Thelen said, "The deaths of Mrs. Easterling and her adult son were very unfortunate, but we are unable to comment on active or threatened litigation. We believe that we have been fully compliant with the commission's regulations on disconnection rules. We are reviewing the commission’s order and its impact on our customers."

At the least, the violation of the state rule warrants a review of Duke Energy's disconnection policies and procedures, according to the commission's decision.

Duke Energy cut off the Easterlings' power on Nov. 4 after the Easterlings neglected to pay a late bill in August and again in September. They owed $248.82 and were told if it was not paid in full by Oct. 28, the power would be shut off. A bill dated Nov. 2 reflected a payment of $143.49 had been credited to the account, but it did not cover the full amount past due.

Duke said the household received a disconnection warning and notice.

The Easterlings were found dead on Nov. 20 by relatives. The house was neat and orderly, despite being without heat or running water, according to police reports.

Based on an Enquirer article in 2011, the Easterlings had been seen alive on Nov. 17. The following night, temperatures fell into the mid-20s.

Lawyers for Duke Energy initially argued that Dorothy Easterling wasn't a customer because the bill was in her late husband's name. The commission disagreed.

Duke lawyers argued that because the company sent a date of Oct. 28 for disconnection, along with the October bill, the utility's actions fell within the winter heating season requirements.

The commission again disagreed, saying the rule is clear that if a disconnection happens between Nov. 1 and April 15, a company has violated the rule.

Duke would have had to provide one more notice and give an additional 10 days before disconnection, the commission's decision reads.

The state also determined that if Duke had turned off the power on Oct. 28, six days earlier, it would have done so within the rules.

The commission did not find Duke in violation of any other rule, though Lane had argued that the company flouted several.

In the past, Duke has had some of the most aggressive disconnection rates in the state, along with the highest number of delinquent customers. From June 2016 to May 2017 Duke Energy's disconnection rate was nearly 10 percent, with the average bill at disconnection costing $317.

Regardless, the rules must be followed, said Ohio Consumers’ Counsel Bruce Weston, whose organization intervened in the case and is staffed with lawyers who represent residents of Ohio on public utility-related cases.

"Ohio has protections to help utility consumers retain their electric and gas service during cold weather, and we and others are working to ensure that these protections are followed," said Weston. "Hopefully, this tragedy will be the last of its kind."

Duke spokeswoman Thelen said disconnection is the company's last resort and it will cooperate fully with the commission review of its disconnection procedures. Duke is the region's main power provider, supplying electric service to 85,000 customers in Southwest Ohio and Northern Kentucky.

"Duke Energy cares about its customers and their well-being," Thelen said. "We are willing to work with all customers who experience difficulty paying their bills and have several options that may assist them based on their personal situation."