IN RE OHIO EDISON COMPANY

No. 2019-0961.

166 N.E.3d 1191 (2020)

162 Ohio St.3d 651

2020-Ohio-5450

IN RE DETERMINATION OF EXISTENCE OF SIGNIFICANTLY EXCESSIVE EARNINGS FOR 2017 UNDER THE ELECTRIC SECURITY PLAN OF OHIO EDISON COMPANY; Office of Ohio Consumers' Counsel, Appellant; Public Utilities Commission, Appellee; Ohio Edison Company, Intervening Appellee.

Supreme Court of Ohio.

Decided December 1, 2020.


Attorney(s) appearing for the Case

Bruce Weston , Ohio Consumers' Counsel, and William Michael , Angela D. O'Brien , and Maureen R. Willis , Assistant Consumers' Counsel, for appellant.

Dave Yost , Attorney General, and John Jones and Thomas W. McNamee , Assistant Attorneys General, for appellee.

Calfee, Halter & Griswold, L.L.P., James F. Lang , Cleveland, and Kari D. Hehmeyer , Columbus; and FirstEnergy Service Company and Robert M. Endris , Akron, for intervening appellee.


{¶ 1} R.C. 4928.141(A) requires electric-distribution utilities to make a "standard service offer" of generation service to consumers in one of two ways: through a "market rate offer" (under R.C. 4928.142) or an "electric security plan" (under R.C. 4928.143). Electric-distribution utilities that opt to provide service...

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