(Download) "Constellation Newenergy, Inc. v. Public Utilities Commission of Ohio" by 2004 Supreme Court of Ohio January Term * eBook PDF Kindle ePub Free
eBook details
- Title: Constellation Newenergy, Inc. v. Public Utilities Commission of Ohio
- Author : 2004 Supreme Court of Ohio January Term
- Release Date : January 17, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 85 KB
Description
Submitted October 12, 2004 Background {1} This is an appeal as of right by appellant, Constellation NewEnergy, Inc. (""Constellation""), from orders of the Public Utilities Commission of Ohio (""PUCO"") in In re Continuation of the Rate Freeze & Extension of the Market Dev. Period for the Dayton Power & Light Co., case No. 02-2779-EL-ATA (Sept. 2, 2003) (the ""MDP extension case""). Dayton Power and Light Company (""DP&L"") was the applicant and Industrial Energy Users-Ohio (""IEU"") was an intervening party in the MDP extension case. Both DP&L and IEU have intervened as appellees in this appeal, as has Cincinnati Gas & Electric Company (""CG&E""), an electric-distribution utility (""EDU"") similarly situated to DP&L. {2} The backdrop for this appeal is Am.Sub.S.B. No. 3, 148 Ohio Laws, Part IV, 7962 (""S.B. 3""), which provided for restructuring Ohio's electric-utility industry to achieve retail competition with respect to the generation component of electric service. S.B. 3 required each Ohio electric utility to file a transition plan with the PUCO that included a rate-unbundling plan providing for separation of the generation, transmission, and distribution components of electric service. See R.C. 4928.31. S.B. 3 provides for a transition period, termed the ""market development period"" (""MDP""), during which an electric utility's rates are subject to certain regulatory requirements and the recovery of transition costs is permissible. The maximum transition period permitted by statute is five years, beginning January 1, 2001. R.C. 4928.01(A)(17) and (29) and 4928.40.
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