MARTIN MARIETTA MAGNESIA SPECIALTIES, L.L.C. v. PUB. UTIL. COMM.

Nos. 2009-1064, 2009-1065, 2009-1067, 2009-1071, and 2009-1072.

129 Ohio St.3d 485 (2011)

2011-Ohio-4189

MARTIN MARIETTA MAGNESIA SPECIALTIES, L.L.C., Appellant, v. PUBLIC UTILITIES COMMISSION OF OHIO, Appellee. CALPHALON CORPORATION, Appellant, v. PUBLIC UTILITIES COMMISSION OF OHIO, Appellee. KRAFT FOODS GLOBAL, INC., Appellant, v. PUBLIC UTILITIES COMMISSION OF OHIO, Appellee. WORTHINGTON INDUSTRIES, Appellant, v. PUBLIC UTILITIES COMMISSION OF OHIO, Appellee. BRUSH WELLMAN, INC., Appellant, v. PUBLIC UTILITIES COMMISSION OF OHIO, Appellee.

Supreme Court of Ohio.

Decided August 25, 2011.


Attorney(s) appearing for the Case

Craig I. Smith ; Kravitz, Brown & Dortch, L.L.C., and Michael D. Dortch ; Bricker & Eckler, L.L.P., Thomas J. O'Brien , and Matthew W. Warnock ; and Crowell & Moring, L.L.P., and Daniel W. Wolff , for appellants.

Michael DeWine , Attorney General, William L. Wright , Section Chief, and Thomas W. McNamee and John H. Jones , Assistant Attorneys General, for appellee.

Calfee, Halter & Griswold, L.L.P., James F. Lang , and N. Trevor Alexander , for intervening appellee.


O'DONNELL, J.

I. Introduction

{¶ 1} Martin Marietta Magnesia Specialties, L.L.C., the Calphalon Corporation, Kraft Foods Global, Inc., Worthington Industries, and Brush Wellman, Inc., each appeal from a decision of the Public Utilities Commission of Ohio ("PUCO") that established February 2008 as the termination date for special contracts they entered into with the Toledo Edison Company for the sale of electricity. These special contracts...

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