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IN RE COMM. REV. OF CAPACITY CHARGES OF OHIO POWER CO.

Nos. 2012-2098 and 2013-0228.

147 Ohio St.3d 59 (2016)

2016-Ohio-1607

IN RE COMMISSION REVIEW OF THE CAPACITY CHARGES OF OHIO POWER COMPANY AND COLUMBUS SOUTHERN POWER COMPANY; OFFICE OF OHIO CONSUMERS' COUNSEL, APPELLANT AND CROSS-APPELLEE; OHIO POWER COMPANY, APPELLEE AND CROSS-APPELLANT; PUBLIC UTILITIES COMMISSION, APPELLEE AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided April 21, 2016.

Attorney(s) appearing for the Case

Bruce J. Weston , Consumers' Counsel, and Kyle L. Kern and Maureen R. Willis , Assistant Consumers' Counsel; and Dane Stinson , for appellant and cross-appellee, Ohio Consumers' Counsel.

Mike DeWine , Attorney General, William L. Wright , Section Chief, and John H. Jones , Thomas W. McNamee , and Steven L. Beeler , Assistant Attorneys General, for appellee and cross-appellee, Public Utilities Commission of Ohio.

Matthew J. Satterwhite and Steven T. Nourse ; Porter, Wright, Morris & Arthur, L.L.P., Kathleen M. Trafford , Daniel R. Conway , and L. Bradfield Hughes ; Murray, Murphy, Moul, & Basil, L.L.P., and James B. Hadden ; MoloLamken, L.L.P., and Jeffrey A. Lamken , for appellee and cross-appellant, Ohio Power Company.

O'NEILL, J., concurs in the foregoing opinion.

I. SUMMARY

{¶ 1} This case arises from the Public Utilities Commission's approval of a capacity charge for the American Electric Power operating companies, Ohio Power Company and Columbus Southern Power (collectively, "AEP"). Competitive retail electric service ("CRES") providers that sell generation service...

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