IN RE COMMISSION REVIEW OF THE CAPACITY CHARGES OF OHIO POWER COMPANY AND COLUMBUS SOUTHERN POWER COMPANY; OFFICE OF OHIO CONSUMERS' COUNSEL, APPELLANT AND CROSS-APPELLEE; OHIO POWER COMPANY, APPELLEE AND CROSS-APPELLANT; PUBLIC UTILITIES COMMISSION, APPELLEE AND CROSS-APPELLEE.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted December 15, 2015.
Decided April 21, 2016.
Attorney(s) appearing for the Case
Bruce J. Weston, Consumers' Counsel, and Kyle L. Kern and Maureen R. Willis, Assistant Consumers' Counsel; and Dane Stinson, for appellant and cross-appellee, Ohio Consumers' Counsel.
Mike DeWine, Attorney General, William L. Wright, Section Chief, and John H. Jones, Thomas W. McNamee, and Steven L. Beeler, Assistant Attorneys General, for appellee and cross-appellee, Public Utilities Commission of Ohio.
Matthew J. Satterwhite and Steven T. Nourse; Porter, Wright, Morris & Arthur, L.L.P., Kathleen M. Trafford, Daniel R. Conway, and L. Bradfield Hughes; Murray, Murphy, Moul, & Basil, L.L.P., and James B. Hadden; MoloLamken, L.L.P., and Jeffrey A. Lamken, for appellee and cross-appellant, Ohio Power Company.
O'NEILL, J., concurs in the foregoing opinion.
KENNEDY, J.
I. SUMMARY
{¶ 1} This case arises from the Public Utilities Commission's approval of a capacity charge for the American Electric Power operating companies, Ohio Power Company and Columbus Southern Power (collectively, "AEP"). Competitive retail electric service ("CRES") providers that sell generation service...
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