Legal Opinion · Concurrence

In re Review of the Alt. Energy Rider Contained in the Tariffs of Ohio Edison Co.

Ohio Supreme Court

Decided January 16, 2018No. 2013–2026Published

1ConcurrenceKennedy, J.

*301{¶ 50} I agree with the lead opinion's resolution of the trade-secret issues and concur in reversing the order of the Public Utilities Commission and remanding the cause for further proceedings, consistent with the lead opinion, regarding those issues. I also agree with the lead opinion that the commission engaged in unlawful retroactive ratemaking when it ordered the FirstEnergy companies (Ohio Edison Company, Cleveland Electric Illuminating Company, and Toledo Edison Company [ (collectively, "FirstEnergy") ] ) to refund previously recovered renewable-energy-credit ("REC") costs to…

2Cases cited15 opinions

  1. Morrison v. OlsonSupreme Court of the United States · 1988
  2. Sears v. WeimerOhio Supreme Court · 1944
  3. Wachendorf v. ShaverOhio Supreme Court · 1948
  4. Risner v. Ohio Dept. of Natural Resources, Ohio Div. of Wildlife (Slip Opinion)Ohio Supreme Court · 2015
  5. City of Cincinnati v. Public Utilities CommissionOhio Supreme Court · 1949

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