IN RE OHIO EDISON COMPANY

No. 2018-0379.

139 N.E.3d 875 (2019)

158 Ohio St.3d 27

2019-Ohio-4196

IN RE APPLICATION OF OHIO EDISON COMPANY, Cleveland Electric Illuminating Company, and Toledo Edison Company for Approval of Their Energy Efficiency and Peak Demand Reduction Program Portfolio Plans for 2017 Through 2019; Ohio Edison Company et al., Appellants; Public Utilities Commission, Appellee; Office of Ohio Consumers' Counsel, Intervening Appellee.

Supreme Court of Ohio.

Decided October 15, 2019.


Attorney(s) appearing for the Case

Jones Day, Michael R. Gladman , and Sergio A. Tostado , Columbus; and FirstEnergy Service Company and Joshua R. Eckert , for appellants Ohio Edison Company, Cleveland Electric Illuminating Company, and Toledo Edison Company.

Miranda R. Leppla , for appellants Environmental Law & Policy Center, Ohio Environmental Council, and Environmental Defense Fund.

Robert Dove , Columbus, for appellant Natural Resources Defense Council.

Dave Yost , Attorney General, and William L. Wright , John H. Jones , and Jodi J. Bair , Assistant Attorneys General, for appellee.

Bruce Weston , Ohio Consumers' Counsel, and Christopher Healey , Assistant Consumers' Counsel, for intervening appellee.

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


{¶ 1} Since 2009, Ohio electric-distribution utilities have been required to implement programs to increase energy efficiency and reduce energy demand to meet specific annual targets or benchmarks. R.C. 4928.66(A)(1)(a) and (b). Under the statutory scheme, each electric utility must file a portfolio plan every three...

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