IN RE APPLICATION OF CSP. CO.

No. 2009-2298.

128 Ohio St.3d 402 (2011)

2011 Ohio 958

IN RE APPLICATION OF COLUMBUS SOUTHERN POWER COMPANY ET AL.; COLUMBUS SOUTHERN POWER COMPANY, Appellant; PUBLIC UTILITIES COMMISSION ET AL., Appellees.

Supreme Court of Ohio.

Decided March 9, 2011.


Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur, L.L.P., and Daniel R. Conway ; and Steven T. Nourse and Matthew J. Satterwhite , for appellant.

Michael DeWine , Attorney General, and William L. Wright , Werner L. Margard III , Thomas G. Lindgren , and John H. Jones , Assistant Attorneys General, for appellee Public Utilities Commission of Ohio.

Janine L. Migden-Ostrander , Consumers' Counsel, and Terry L. Etter and Maureen R. Grady , Assistant Consumers' Counsel, for intervening appellee, Ohio Consumers' Counsel.

McNees, Wallace & Nurick, L.L.C., Samuel C. Randazzo , and Joseph E. Oliker , for intervening appellee, Industrial Energy Users-Ohio.


O'CONNOR, C.J.

{¶ 1} Columbus Southern Power Company ("CSP") appeals from the Public Utilities Commission's denial of its request for authority to sell or transfer two generation facilities, as well as its decision to deny cost recovery associated with the facilities. The commission defends its decision on the merits, and it also asserts that we lack jurisdiction to consider this matter because CSP...

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