SUNOCO, INC. v. TOLEDO EDISON CO.

No. 2009-0880.

129 Ohio St.3d 397 (2011)

2011-Ohio-2720

SUNOCO, INC. (R & M), Appellant, v. TOLEDO EDISON COMPANY ET AL., Appellees.

Supreme Court of Ohio.

Decided June 9, 2011.


Attorney(s) appearing for the Case

Boehm, Kurtz & Lowry and David F. Boehm , for appellant.

Michael DeWine , Attorney General, and John H. Jones , William L. Wright , and Thomas W. McNamee , Assistant Attorneys General, for appellee Public Utilities Commission of Ohio.

Calfee, Halter & Griswold, James F. Lang , and N. Trevor Alexander ; and Mark A. Hayden , for intervening appellee Toledo Edison Company.


McGEE BROWN, J.

Introduction

{¶ 1} Sunoco, Inc. (R & M) owns and operates petroleum-refining facilities in several states, including Oregon, Ohio. Sunoco purchases electric service for its Oregon facility from the Toledo Edison Company, intervening appellee.

{¶ 2} This case involves a contract between Sunoco and Toledo Edison for the sale of electricity. The contract is a "special contract," approved...

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