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COLUMBUS S. POWER CO. v. PUB. UTIL. COMM.

No. 00-2260.

95 Ohio St.3d 8 (2002)

COLUMBUS SOUTHERN POWER COMPANY ET AL, APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 3, 2002.

Attorney(s) appearing for the Case

Marvin I. Resnik and Edward J. Brady; Porter, Wright, Morris & Arthur and Daniel R. Conway, for appellants.

Betty D. Montgomery, Attorney General, Duane W. Luckey and Thomas W. McNamee, Assistant Attorneys General, for appellee Public Utilities Commission of Ohio.

Robert S. Tongren, Ohio Consumers' Counsel, and Colleen L. Mooney, Assistant Consumers' Counsel, for intervening appellee Ohio Consumers' Counsel.

McNees, Wallace & Nurick, Samuel C. Randazzo, Kimberly Wile Bojko and Gretchen J. Hummel, urging affirmance for amicus curiae Industrial Energy Users-Ohio.

LUNDBERG STRATTON, J.

This appeal deals with the provisions of 1999 Am. Sub.S.B. No. 3, which, for the most part, became effective on October 5, 1999. S.B. 3 is a comprehensive statutory scheme to facilitate and encourage the development of competition in the retail electric market, which added R.C. Chapter 4928, and amended and enacted various associated Revised Code Sections. This appeal involves the application of one of those modifications, the exemption...

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