ELYRIA FOUNDRY v. PUB. UTIL. COMM.

No. 2006-0830.

114 Ohio St.3d 305 (2007)

2007-Ohio-4164

ELYRIA FOUNDRY COMPANY ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 29, 2007.


Attorney(s) appearing for the Case

Craig I. Smith, for appellant Elyria Foundry Company.

Vorys, Sater, Seymour & Pease, M. Howard Petricoff, and Stephen M. Howard, for appellant WPS Energy Services, Inc.

Marc Dann, Attorney General, Duane Luckey, Senior Deputy Attorney General, and William L. Wright, Thomas W. McNamee, and John H. Jones, Assistant Attorneys General, for appellee Public Utilities Commission of Ohio.

James W. Burk and Stephen L. Feld; Jones Day and Helen L. Liebman, for intervening appellee FirstEnergy Corp.

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


LUNDBERG STRATTON, J.

Background

{¶ 1} These are appeals as of right by appellants, Elyria Foundry Company ("Elyria") and WPS Energy Services, Inc. ("WPS"), from orders of the Public Utilities Commission of Ohio ("commission" or "PUCO") in case Nos. 05-704-EL-ATA, 05-1125-EL-ATA, 05-1126-EL-AAM, and 05-1127-EL-UNC. The commission's order approved a "rate-certainty plan" filed by FirstEnergy...

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