MIGDEN-OSTRANDER v. UTIL. COMM.

Nos. 2003-0316, 2003-0332.

102 Ohio St.3d 451 (2004)

2004-Ohio-3924

Migden-Ostrander, Ohio Consumers' Counsel, Appellant, v. Public Utilities Commission of Ohio et al., Appellees. City of Maumee et al., Appellants, v. Public Utilities Commission of Ohio et al., Appellees.

Supreme Court of Ohio.

Decided August 11, 2004.


Attorney(s) appearing for the Case

Janine L. Migden-Ostrander, Ohio Consumers' Counsel, Jeffrey L. Small and John R. Smart, Assistant Consumers' Counsel, for appellant Ohio Consumers' Counsel.

Marsh & McAdams and Sheilah McAdams, Maumee, for appellant city of Maumee.

Kerry Bruce and Leslie A. Kovacik, for appellant city of Toledo.

Julia R. Bates, Lucas County Prosecuting Attorney, and Lance Keiffer, Assistant Prosecuting Attorney, for appellant Lucas County Board of Commissioners.

Jim Petro, Attorney General, Duane W. Luckey, Werner L. Mergard III, and Thomas McNamee, Assistant Attorneys General, for appellee Public Utilities Commission of Ohio.

Marvin I. Resnick, Edward J. Brady and Porter, Wright, Morris & Arthur L.L.P., Daniel R. Conway, Columbus, for intervening appellees Columbus Southern Power Company and Ohio Power Company.

James W. Burk, and Jones Day, Paul T. Ruxin, and Helen L. Liebman, for intervening appellee FirstEnergy Corp.

Gary A. Jack, for intervening appellee Monongahela Power Company.


O'Donnell, J.

Background

{¶ 1} The Ohio Consumers' Counsel ("OCC")1 and the cities of Maumee and Toledo, Ohio, and the Lucas County Board of Commissioners (for ease of reference, the "cities") appeal as of right from orders of the Public Utilities Commission of Ohio issued in a series of commission proceedings filed by Ohio's six investor-owned electric...

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