Ohio Consumers' Counsel v. Pub. Util. Comm.

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[Cite as Ohio Consumers' Counsel v. Pub. Util. Comm., 109 Ohio St.3d 511, 2006-Ohio-3054.] OHIO CONSUMERS COUNSEL, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. [Cite as Ohio Consumers Counsel v. Pub. Util. Comm., 109 Ohio St.3d 511, 2006-Ohio-3054.] Public utilities Electric company Competitive electric service Ratestabilization plan Decision of the Public Utilities Commission vacated on the authority of Ohio Consumers Counsel v. Pub. Util. Comm. (No. 2005-0767 Submitted May 24, 2006 Decided July 5, 2006.) APPEAL from the Public Utilities Commission, No. 04-169-EL-UNC. __________________ {¶1} Based on the second proposition of law in appellant s brief and our decision in Ohio Consumers Counsel v. Pub. Util. Comm., 109 Ohio St.3d 328, 2006-Ohio-2110, 847 N.E.2d 1184, the decision of the Public Utilities Commission is vacated, and the cause is remanded for further proceedings not inconsistent with that decision. This order does not preclude appellant from raising its first, third, fourth, and fifth propositions of law in a future appeal from the Public Utilities Commission. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O CONNOR, O DONNELL and LANZINGER, JJ., concur. __________________ Janine L. Migden-Ostrander, Ohio Consumers Counsel, and Kimberly W. Bojko and Jeffrey L. Small, Assistant Consumers Counsel, for appellant. Jim Petro, Attorney General, Duane W. Luckey, Senior Deputy Attorney General, and William L. Wright and Steven T. Nourse, Assistant Attorneys General, for appellee. SUPREME COURT OF OHIO Porter Wright Morris & Arthur, L.L.P., and Daniel R. Conway; Marvin I. Resnick, Kevin F. Duffy, and Sandra K. Williams, for intervening appellees Columbus Southern Power Company and Ohio Power Company. ______________________ 2

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