FirstEnergy Corp. v. Public Utilities Commission

{¶ 1} In 1999 Am.Sub.S.B. No. 3 (“S.B. 3”), the General Assembly adopted a comprehensive statutory scheme to facilitate and encourage competition in Ohio’s retail electric market. The provisions of S.B. 3 relevant to this decision are contained in newly enacted R.C. Chapter 4928. R.C. 4928.31 requires each electric utility that supplies retail electric service to file with the appellee, Public Utilities Commission of Ohio (“PUCO” or “commission”), a transition plan for providing competitive electric service in Ohio.

{¶ 2} In December 1999, appellant FirstEnergy Corporation, on behalf of its…