CONSUMERS' COUNSEL v. UTIL. COMM.

Nos. 2004-1993, 2005-0118, and 2005-0766.

109 Ohio St.3d 328 (2006)

2006-Ohio-2110

OHIO CONSUMERS' COUNSEL, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. CITY OF MAUMEE ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. OHIO CONSUMERS' COUNSEL, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided May 3, 2006.


Attorney(s) appearing for the Case

Janine L. Migden-Ostrander, Ohio Consumers' Counsel, and Kimberly W. Bojko and Jeffrey L. Small, Assistant Consumers' Counsel, for appellant Ohio Consumers' Counsel.

Barbara E. Herring, Toledo Law Director, Kerry Bruce, and Leslie A. Kovacik, for appellant city of Toledo.

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

Peter D. Gwyn, Perrysburg Law Director, for appellant city of Perrysburg.

Brian J. Ballenger, Northwood Law Director, for appellant city of Northwood.

Paul S. Goldberg, Oregon Law Director, and Phillip D. Wurster, for appellant city of Oregon.

Sheilah H. McAdams, Maumee Law Director, for appellant city of Maumee.

James E. Moan, Sylvania Law Director, for appellant city of Sylvania.

Paul Skaff, Assistant Holland Village Solicitor, for appellant village of Holland.

Jim Petro, Attorney General, Duane W. Luckey, Senior Deputy Attorney General, and William L. Wright and Thomas W. McNamee, Assistant Attorneys General, for appellee Public Utilities Commission of Ohio.

Jones Day, Paul T. Ruxin, and Helen L. Liebman; and Kathy J. Kolich and James W. Burk, for intervening appellee FirstEnergy Corporation.

McNees Wallace & Nurick L.L.C., Samuel C. Randazzo, Lisa G. McAlister, and Daniel J. Neilsen, for intervening appellee Industrial Energy Users-Ohio.

Henry W. Eckhart, urging reversal for amicus curiae, Representative Dennis Kucinich, Tenth Congressional District of Ohio.


O'DONNELL, J.

{¶ 1} Three separate appeals as of right have been consolidated for our review arising from an order of the Public Utilities Commission of Ohio ("PUCO").1 The Ohio Consumers' Counsel ("OCC") and the cities of Maumee, Northwood, Oregon, Perrysburg, Sylvania, and Toledo, the village of Holland, and the Board of County Commissioners of Lucas County (collectively...

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