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IN RE APPLICATION OF DUKE ENERGY OHIO, INC.

No. 2011-0767.

131 Ohio St.3d 487 (2012)

2012-Ohio-1509

IN RE APPLICATION OF DUKE ENERGY OHIO, INC., TO ESTABLISH AND ADJUST THE INITIAL LEVEL OF ITS DISTRIBUTION RELIABILITY RIDER; DUKE ENERGY OHIO, INC., Appellant; PUBLIC UTILITIES COMMISSION OF OHIO, Appellee.

Supreme Court of Ohio.

Decided April 5, 2012.

Attorney(s) appearing for the Case

Amy B. Spiller and Elizabeth H. Watts , for appellant.

Michael DeWine , Attorney General, William L. Wright , Section Chief, and Stephen A. Reilly , Assistant Attorney General, for appellee.

PFEIFER, J.

{¶ 1} Duke Energy Ohio, Inc. ("Duke") sought to recover over $30 million for the costs of restoring its system following the destruction caused by Hurricane Ike. The Public Utilities Commission allowed Duke to recover roughly half that amount, finding that several of its requests lacked adequate supporting evidence. Duke has appealed, raising five propositions of law.

{¶ 2} Each of Duke's arguments...

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