IN RE OHIO EDISON CO.

Nos. 2017-1444 and 2017-1664.

131 N.E.3d 906 (2019)

157 Ohio St.3d 73

2019-Ohio-2401

IN RE Application of OHIO EDISON COMPANY, Cleveland Electric Illuminating Company, and Toledo Edison Company for Authority to Provide for a Standard Service Offer Pursuant to R.C. 4928.143 in the Form of an Electric Security Plan; Sierra Club et al., Appellants; v. Public Utilities Commission, Appellee; Ohio Edison Company et al., Intervening Appellees.

Supreme Court of Ohio.

Decided June 19, 2019.


Attorney(s) appearing for the Case

Walter Haverfield, L.L.P., and Mark I. Wallach ; and Shannon Fisk , Cleveland, for appellant Sierra Club.

Bruce J. Weston , Consumers' Counsel, Maureen R. Willis and William Michael , Assistant Consumers' Counsel, for appellant Ohio Consumers' Counsel.

Thomas R. Hays , Leslie Kovacik , and John Borell , Toledo, for appellants Northwest Ohio Aggregation Coalition, City of Maumee, City of Northwood, City of Oregon, City of Perrysburg, City of Toledo, City of Waterville, Lake Township Board of Trustees, Lucas County Board of Commissioners, Perrysburg Township Board of Trustees, Village of Holland, and Village of Ottawa Hills.

Bricker & Eckler, L.L.P., Glenn S. Krassen , Cleveland, and Dane Stinson , Columbus, for appellant Northeast Ohio Public Energy Council.

Carpenter Lipps & Leland, L.L.P., and Kimberly W. Bojko , Columbus, for appellant Ohio Manufacturers' Association Energy Group.

Gupta Wessler, P.L.L.C., and Rachel Bloomekatz , for appellants Ohio Environmental Council, Environmental Defense Fund, and Environmental Law & Policy Center.

John Finnigan , Terrace Park, for appellant Environmental Defense Fund.

Trent Dougherty and Miranda Leppla , for appellant Ohio Environmental Council.

Madeline Fleisher , for appellant Environmental Law & Policy Center.

Dave Yost , Attorney General, and Thomas W. McNamee , William L. Wright , Thomas G. Lindgren , and Steven L. Beeler , Assistant Attorneys General, for appellee.

Calfee, Halter & Griswold, L.L.P., James F. Lang , Cleveland, and N. Trevor Alexander , Columbus; Jones Day and Yvette McGee Brown , Columbus; and Scott J. Castro , for intervening appellees Ohio Edison Company, Cleveland Electric Illuminating Company, and Toledo Edison Company.

Boehm, Kurtz & Lowry, Michael L. Kurtz , and Jody Kyler Cohn , Cincinnati, for intervening appellee Ohio Energy Group.


{¶ 1} This cause originates from an order of the Public Utilities Commission of Ohio ("commission" or "PUCO") that modified and approved an electric-security plan ("ESP") for the FirstEnergy Companies (Ohio Edison Company, the Cleveland Electric Illuminating Company, and the Toledo Edison Company) (collectively, "FirstEnergy...

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