OHIO CONSUMERS' COUNSEL et al., Appellants,
v.
PUBLIC UTILITIES COMMISSION OF OHIO et al., Appellees. (Two Cases.)
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted September 16, 2009.
Decided January 26, 2010.
Attorney(s) appearing for the Case
Janine L. Migden, Consumers' Counsel, and Larry S. Sauer, Joseph P. Serio, Michael E. Idzkowski, and Gregory J. Poulos, Assistant Consumers' Counsel, for appellant Ohio Consumers' Counsel.
Colleen L. Mooney and David C. Rinebolt, for appellant Ohio Partners for Affordable Energy.
Richard Cordray, Attorney General, Duane W. Luckey, Section Chief, and William L. Wright, Thomas G. Lindgren, Stephen A. Reilly, and Anne L. Hammerstein, Assistant Attorneys General, for appellee Public Utilities Commission of Ohio.
Amy B. Spiller, Elizabeth H. Watts, and Rocco O. D'Ascenzo, for intervening appellee Duke Energy Ohio, Inc.
Jones Day, David A. Kutik, Douglas R. Cole, Paul A. Colbert, and Grant W. Garber, for intervening appellee Dominion East Ohio.
Henry W. Eckhart, urging reversal for amicus curiae Natural Resources Defense Council.
Richard J. Triozzi, Cleveland Law Director, and Steven L. Beeler and Julianne Kurdila, Assistant Law Directors, urging reversal for amicus curiae city of Cleveland.
Supreme Court of Ohio.
PFEIFER, J.
Factual and Procedural Background
{¶ 1} In July 2007, Duke Energy Ohio, Inc. ("Duke") filed an application with the Public Utilities Commission of Ohio ("commission" or "PUCO") to increase its gas-distribution rates. See case No. 07-589-GA-AIR. Likewise, in August 2007, the East Ohio Gas Company, d.b.a. Dominion East Ohio ("Dominion") filed an application to increase...
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