FIRSTENERGY CORP. v. PUB. UTIL. COMM.

No. 2001-0573.

95 Ohio St.3d 401 (2002)

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

Supreme Court of Ohio.

Decided June 5, 2002.


Attorney(s) appearing for the Case

Arthur E. Korkosz, Stephen L. Feld and James W. Burk; Calfee, Halter & Griswold, L.L.P., and James F. Lang, for appellants.

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

Kelso Starrs & Associates and Thomas J. Starrs, urging affirmance for amici curiae American Solar Energy Society, American Wind Energy Association, and Solar Energy Industries Association.

David C. Rinebold, urging affirmance for amicus curiae Ohio Partners for Affordable Energy.

William Ondrey Gruber, urging affirmance for amicus curiae Ohio Environmental Council.

Robert S. Tongren, Ohio Consumers' Counsel, and Colleen L. Mooney, Assistant Consumers' Counsel, urging affirmance for amicus curiae Ohio Consumers' Counsel.


ALICE ROBIE RESNICK, J.

{¶ 1} With the passage of Am.Sub.S.B. No. 3 ("S.B. 3") in 1999, the General Assembly enacted a comprehensive statutory scheme to implement competition in Ohio's retail electricity market. Most of the provisions of S.B. 3 are contained in newly enacted R.C. Chapter 4928, and most provisions became effective on October 5, 1999. R.C. 4928.31, part of S.B. 3, requires that each electric...

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