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DAYTON POWER & LIGHT CO. v. JONES

Nos. 00AP-602 and 00AP-603.

140 Ohio App.3d 675 (2000)

DAYTON POWER & LIGHT COMPANY, Appellee, v. [JONES], Dir., Ohio Environmental Protection Agency, Appellant.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided December 12, 2000.

Attorney(s) appearing for the Case

Shumaker, Loop & Kendrick, L.L.P., Louis E. Tosi, Michael E. Born and Michael A. Snyder; and Edward N. Rizer, for appellee.

Betty D. Montgomery, Attorney General, Bryan F. Zima and Eva M. Brault, Assistant Attorneys General, for appellant.

BOWMAN, Presiding Judge.

Appellant Christopher Jones, the Director of the Ohio Environmental Protection Agency ("director"), appeals from a decision by the Environmental Review Appeals Commission ("ERAC") ordering the director to recalculate the 1997 Title V fees for appellee's, Dayton Power & Light Company's ("DP&L"), Killen and Stuart Generating Station facilities. In its decision, ERAC ordered the director to calculate Title V fees based upon the emission...

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