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WEISS v. PUB. UTIL. COMM.

No. 99-444.

90 Ohio St.3d 15 (2000)

WEISS, D.B.A. CENTER WEST REALTY COMPANY, ET AL., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided September 20, 2000.

Attorney(s) appearing for the Case

Spangenberg, Shibley & Liber, Dennis R. Landsdowne and Mary A. Cavanaugh; and Frank E. Piscitelli, Jr., for appellant.

Betty D. Montgomery, Attorney General, Duane W. Luckey, Tanisha Lyon Brown and William L. Wright, Assistant Attorneys General, for appellee Public Utilities Commission of Ohio.

Jones, Day, Reavis & Pogue, Paul T. Ruxin, David A. Kutik and Helen L. Liebman; and James W. Burk, for intervening appellee Cleveland Electric Illuminating Company.

LUNDBERG STRATTON, J.

This appeal concerns the reasonableness and legality of rates charged by CEI for electric service rendered to customers at different locations within its service territory.

In 1992, CEI sought commission approval of its Competitive Pilot Program, which would permit it to enter into "competitive response contracts" for service to eligible customers at discounts from its tariffed...

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