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OHIO CONSUMERS' COUNSEL v. PUB. UTIL. COMM.

No. 2008-0367.

121 Ohio St.3d 362 (2008)

2009-Ohio-604

OHIO CONSUMERS' COUNSEL, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 19, 2009.

Attorney(s) appearing for the Case

Janine L. Migden-Ostrander, Consumers' Counsel, and Jeffrey L. Small and Ann M. Hotz, Assistant Consumers' Counsel, for appellant.

Richard Cordray, Attorney General, and Thomas W. McNamee and Sarah J. Parrot, Assistant Attorneys General, for appellee.

Paul A. Colbert and Rocco O. D'Ascenzo, for intervening appellee, Duke Energy of Ohio, Inc.

Michael D. Dortch, for intervening appellee, Duke Energy Retail Sales, L.L.C.

Colleen L. Mooney and David C. Rinebolt, urging reversal for amicus curiae, Ohio Partners for Affordable Energy.

O'DONNELL, J.

Introduction

{¶ 1} This appeal arises from Am.Sub.S.B. No. 3, 148 Ohio Laws, Part IV, 7962 ("S.B. 3"), the electric restructuring legislation passed by the General Assembly in 1999. We remanded an earlier appeal to the commission in Ohio Consumers' Counsel v. Pub. Util. Comm., 111 Ohio St.3d 300, 2006-Ohio-5789, 856 N.E.2d 213, ("CG & E Remand Opinion") for further...

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