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FIRSTENERGY CORP. v. PUB. UTIL. COMM.

No. 2001-0923.

96 Ohio St.3d 371 (2002)

2002-Ohio-4847

FIRSTENERGY CORPORATION ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided October 2, 2002.

Attorney(s) appearing for the Case

Arthur E. Korkosz; Jones, Day, Reavis & Pogue, Paul T. Ruxin and Helen L. Liebman, for appellants.

Betty D. Montgomery, Attorney General, Duane W. Luckey, William L. Wright and Thomas G. Lindgren, Assistant Attorneys General, for appellee.

Vorys, Sater, Seymour & Pease, L.L.P., M. Howard Petricoff and Jason J. Kelroy, urging affirmance for amicus curiae Enron Energy Services, Inc.

Vorys, Sater, Seymour & Pease, L.L.P., and Jason J. Kelroy, urging affirmance for amicus curiae Ohio Building Owners and Managers Association.

Bell, Royer & Sanders Co., L.P.A., and Barth E. Royer, urging affirmance for amicus curiae Simon Property Group, Inc.

PFEIFER, J.

{¶ 1} In 1999 Am.Sub.S.B. No. 3 ("S.B. 3"), the General Assembly adopted a comprehensive statutory scheme to facilitate and encourage competition in Ohio's retail electric market. The provisions of S.B. 3 relevant to this decision are contained in newly enacted R.C. Chapter 4928. R.C. 4928.31 requires each electric utility that supplies retail electric service to file with the appellee, Public Utilities Commission of Ohio ("PUCO" or "commission")...

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