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

No. 2009-1547.

127 Ohio St.3d 524 (2010)

2010-Ohio-6239

OHIO CONSUMERS' COUNSEL, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO et al., Appellees.

Supreme Court of Ohio.

Decided December 23, 2010.

Attorney(s) appearing for the Case

Janine L. Migden-Ostrander , Ohio Consumers' Counsel, and Maureen R. Grady , Joseph P. Serio , and Michael E. Idzkowski , Assistant Consumers' Counsel, for appellant.

Richard Cordray , Attorney General, William L. Wright , Section Chief, and Werner L. Margard III , Assistant Attorney General, for appellee Public Utilities Commission of Ohio.

McNees, Wallace & Nurick, L.L.C., Samuel C. Randazzo , Gretchen J. Hummel , and Lisa G. McAlister , for intervening appellee, Vectren Energy Delivery of Ohio, Inc.

CUPP, J.

{¶ 1} This case marks the third time that we have been called upon to consider challenges to orders of the Public Utilities Commission of Ohio ("commission" or "PUCO") that adopted a Straight Fixed Variable ("SFV") rate design. We previously upheld the PUCO's approval of a modified SFV rate design for Duke Energy Ohio and Dominion East Ohio. Ohio Consumers' Counsel v. Pub. Util. Comm., 125 Ohio...

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