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CINCINNATI GAS & ELEC. v. COMM.

No. 2003-2034.

103 Ohio St.3d 398 (2004)

2004-Ohio-5466

CINCINNATI GAS & ELECTRIC COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided October 27, 2004.

Attorney(s) appearing for the Case

Paul A. Colbert and John J. Finnigan Jr., for appellant.

Jim Petro, Attorney General, Duane W. Luckey, Thomas G. Lindgren, and Thomas W. McNamee, Assistant Attorneys General, for appellee.

Janine L. Migden-Ostrander, Ohio Consumers' Counsel, Kimberly W. Bojko, Jeffrey L. Small, and Larry S. Sauer, Assistant Consumers' Counsel, urging affirmance for amicus curiae, Ohio Consumers' Counsel.

Per Curiam.

{¶ 1} This is an appeal as of right by the Cincinnati Gas & Electric Company ("CG&E") of decisions of the Public Utilities Commission of Ohio.

Background

{¶ 2} On November 4, 2002, CG&E filed an application with the commission to modify its retail electric and certified supplier tariffs.1 In its application, CG&E sought...

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