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IN RE APPLICATION OF COLUMBUS S. POWER CO.

No. 2011-0751.

134 Ohio St.3d 392 (2012)

2012-Ohio-5690

IN RE APPLICATION OF COLUMBUS SOUTHERN POWER COMPANY FOR ADMINISTRATION OF THE SIGNIFICANTLY EXCESSIVE EARNINGS TEST. OHIO ENERGY GROUP ET AL., Appellants and Cross-Appellees. COLUMBUS SOUTHERN POWER COMPANY, Appellee and Cross-Appellant. PUBLIC UTILITIES COMMISSION OF OHIO, Appellee.

Supreme Court of Ohio.

Decided December 6, 2012.

Attorney(s) appearing for the Case

McNees, Wallace & Nurick, L.L.C., Samuel C. Randazzo , Frank P. Darr , and Joseph E. Oliker , for appellant and cross-appellee Industrial Energy Users-Ohio.

Boehm, Kurtz & Lowry, David F. Boehm , and Michael L. Kurtz , for appellant and cross-appellee Ohio Energy Group.

Bruce J. Weston , Ohio Consumers' Counsel, Maureen R. Grady , Melissa R. Yost , and Kyle L. Verrett , for appellant and cross-appellee Ohio Consumers' Counsel.

Steven T. Nourse and Matthew J. Satterwhite ; Porter, Wright, Morris & Arthur, L.L.P., Kathleen M. Trafford , and Daniel R. Conway , for appellee and cross-appellant Columbus Southern Power Company.

Michael DeWine , Attorney General, William L. Wright , Section Chief, and Thomas W. McNamee , Assistant Attorney General, for appellee Public Utilities Commission of Ohio.

Arthur E. Korkosz and Carrie M. Dunn , for amici curiae Ohio Edison Company, Cleveland Electric Illuminating Company, and Toledo Edison Company.

Colleen L. Mooney , for amicus curiae Ohio Partners for Affordable Energy.

CUPP, J.

{¶ 1} Electric distribution utilities that opt to provide service under an electric security plan ("ESP") must undergo an annual earnings review. If their plan resulted in "significantly excessive earnings" compared to similar companies, the utility must return the excess to its customers. R.C. 4928.143(F). In the case below, the Public Utilities Commission found that Columbus Southern Power's 2009 earnings were significantly...

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