IN THE SUPREME COURT OF OHIO

Transcription

1 STATE OF OHIO, IN THE SUPREME COURT OF OHIO ORIGINAL Case No.: 1 ^ - ^ Plaintiff-Appellee, vs. On Appeal from the Sandusky County Court PAUL BIDDWELL, of Appeals, Sixth Appellate District Defendant-Appellant. Court of Appeals, Case No. S NOTICE OF APPEAL OF APPELLANT PAUL BIDDWELL Paul Biddwell #A Mansfield Correctional Inst. P.O. Box 788 Mansfield, Ohio COUNSEL FOR APPELLANT IN PRO SE Thomas L. Steirwalt Sandusky County Prosecutor 100 North Park Ave. Fremont, Ohio COUNSEL FOR APPELLEE JUN Q6 20it CLERK OF CUUFi -r SUPREME COURT pf CHI0

2 Notice of Appeal of Appellant Paul Biddwell Appellant Paul Biddwell hereby gives notice of appeal to the Supreme Court of Ohio from the judgment of the Sandusky County Court of Appeals Sixth District, entered in Court of Appeals Case No. S on April 22, This case raises a substantial constitutional question and is one of public of great general intersest. R pectfully submit P^ COUNSEL FOR APPELLANT IN PRO SE CERTIFICATE OF SERVICE I certify that a copy of this NOTICE OF APPEAL OF APPELLANT PAUL BIDDWELL was sent by ordinary U.S. mail to counsel for appellee, Thomas L. Steirwalt, Sandusky County Prosecutor, at 100 North Park Ave. Fremont, Ohio on this 3± day of /4j,y,2011. Paul Bei dwell COUNSEL FOR APPELLANT IN PRO SE

3 Jqj4e $nprew ^.rrnr#.af (041 CHIEF JUSTICE MAUREEN O'CONNOR OFFICE OF THE CLERK 65 SOUTH FRONT STREET, COLUMBUS, OH CLERK OF THE COURT KRISTINA D. FROST JUSTICES PAUL E. PFEIFER EVELYN LUNDBERG STRATTON TERRENCE O'DONNELL JUDTTH ANN LANZINGER ROBERTR.CUPP YVETTE MCGEE BROWN June 7, 2011 TELEPHONE FACSIMILE William Lewis Wright Public Utilities Division 180 East Broad Street Columbus, OH Re: In the Matter of the Application of Columbus Southerll Power Company and Ohio Power Company for Administration of the Significantly Excessive Earnings Test under Section (F, Revised Code, and Rule 4901: , Ohio Administrative Code Dear William Lewis Wright: This is to notify you that the record in the above-styled case was filed with the Clerk's Office on Tuesday, June 07, If, after reviewing the Supreme Court Rules of Practice, you have any questions about filing deadlines in the case, please feel free to call a deputy clerk at ( Sincerely, Steve Kahler Records Specialist

4 `^4.e $^prunt.e ^ourt of 041 CHIEF JUSTICE MAUREEN O'CONNOR OFFICE OF THE CLERK 65 SOUTH FRONT STREET, COLUMBUS, OH CLERK OF THE COURT KRi3TINA D. FROST JUSTICES PAUL E. PFEIFER EVELYN LUNDBERG STRATTON TERRENCE O'DONNELL JUDITH ANN LANZINGER ROBERTR.CUPP YVETTE MCGEE BROWN June 7, 2011 TELEPHONE FACSIMILE Steven Trent Nourse 1 Riverside Plaza Columbus, OH Re: In the Matter of the Application of Columbus Southern Power Company and Ohio Power Company for Administration of the Significantly Excessive Earnings Test under Section (F, Revised Code, and Rule 4901: , Ohio Administrative Code Dear Steven Trent Nourse: This is to notify you that the record in the above-styled case was filed with the Clerk's Office on Tuesday, June 07, If, after reviewing the Supreme Court Rules of Practice, you have any questions about filing deadlines in the case, please feel free to call a deputy clerk at ( Sincerely, Steve ICahler Records Specialist

5 CHIEF JUSTICE MAUREEN O'CONNOR ^^r $UPr.e=.e ^Vnr#.af OFFICE OF THE CLERK 65 SOUTH FRONT STREET, COLUMBUS, OH CLERK OF THE COURT KRISTINA D. FROST JuSTICES PAUL E. PFEIFER EVELYN LUNDBERG STRATTON TERRENCE O'DONNELL IUDITH ANN LANZINGER ROBERT R. CCQFP YVETTE MCGEE BROWN June 7, 2011 TELEPHONE FACSrnnLE Maureen Rose Grady 10 W. Broad St. Suite 1800 Columbus, OH Re: In the Matter of the Application of Columbus Southern Power Company and Ohio Power Company for Administration of the Significantly Excessive Earnings Test under Section (F, Revised Code, and Rule 4901 i , Ohio Administrative Code Dear Maureen Rose Grady: This is to notify you that the record in the above-styled case was filed with the Clerk's Office on Tuesday, June 07, If, after reviewing the Supreme Court Rules of Practice, you have any questions about filing deadlines in the case, please feel free to call a deputy clerk at ( Sincerely, Steve 7^ahle Records Specialist

6 `^_{.e $nprunt.e ^.aurt.rrf (041 CHIEFIUSTICE MAUREEN O'CONNOR OFFICE OF THE CLERK 65 SouTH FRONT STREET, CoLuMBus, OH CLERK OF THE COURT KRISTINA D. FROST JUSTICES PAIIL E. PFEIFER EVELYN LUNDBERG STRATTON TERRENCE O'DONNELL JUDITH ANN LANZINGER ROEERT R. CUPP YVETTE MCGEE BROWN June 7, 2011 TELEPHONE FACSIMILE Samuel Charles Randazzo Fifth Third Building 21 East State Street-17th Flr. Columbus, OH Re: In the Matter of the Application of Columbus Southern Power Company and Ohio Power Company for Administration of the Significantly Excessive Ealnings Test under Section (F, Revised Code, and Rule 4901: , Ohio Administrative Code Dear Samuel Charles Randazzo: This is to notify you that the record in the above-styled case was filed with the Clerk's Office on Tuesday, June 07, If, after reviewing the Supreme Court Rules of Practice, you have any questions about filing deadlines in the case, please feel free to call a deputy clerk at ( Steve Kahler Records Specialist

7 ^^.r $^Prunt.e ^.aurt of c^^io OFFICE OF THE CLERK 65 SoUTH FRONT STREET, COLUMBUS, OH CHIEF JUSTICE MAUREEN O'CONNOR CLERK OF THE COURT KRISTINA D. FROST IUSTICES PAUL E. PFEIFER EVELYN LUNDBERG STRATTON TERRENCE O'DONNELL IUDPPH ANN LANZINGER TELEPHONE FACSIMILE ROBERT R. CUPP YVETTE MCGEE BROWN June 7, 2011 Michael Lawrence Kurtz Suite East Seventh Street Cincinnati, OH Re: In the Matter of the Application of Columbus Southerll Power Company and Ohio Power Company for Administration of the Significantly Excessive Earnings Test under Section (F, Revised Code, and Rule 4901: , Ohio Administrative Code Dear Michael Lawrence Kurtz: This is to notify you that the record in the above-styled case was filed with the Clerk's Office on Tuesday, June 07, If, after reviewing the Supreme Court Rules of Practice, you have any questions about filing deadlines in the case, please feel free to call a deputy clerk at ( Sincerely, Steve Kahler Records Specialist

8 Before THE SUPREME COURT OF OHIO Ohio Energy Group Industrial Energy Users-Ohio Columbus Southern Power Company Appellant, VS Supreme Court No The Public Utilities Commission of Ohio Appellee. Being Before THE PUBLIC UTILITIES COMMISSION OF OHIO In the matter of the Annual 2009 Filing of Columbus Southerrrn Power Company and Ohio Power Company required by Rule 4901: , Ohio Administrative Code. Case No EL-UNC REC B t... l LERK OF COURL_ 1± l-±t&!1;1ri!lieiia : CLERK OF COURT SUPREME COURT OF OHIO

9 INDEX AND DOCKET ENTRIES ICN In the matter of the Annual 2009 Filing of Columbus Southern Power Company and Ohio Power Company Required by Rule 4901: , Ohio Administrative Code filed by S. Nourse Direct Testimony of Joseph Hamrock on behalf of Columbus Southern Power Company and Ohio Power Company Direct Testimony of Thomas E. Mitchell on behalf of Columbus Southern Power Company and Ohio Power Company. 3 V Direct Testimony of Dr. Anil K. Makhija on behalf of Columbus 4 Southern Power Company and Ohio Power Company. V Motion to Intervene and Memorandum in Support of the OCC 5 filed by M. Grady Motion to intervene and memorandum in support of Industrial Energy Users-Ohio filed by1. Clark Motion to intervene and memorandum in support and motion to 7 practice pro hac vice before the Commission filed by D. Rinebolt on behalf of Ohio Partners for Affordable Energy Motion to intervene and memorandum in support of the 8 Appalachian Peace and Justice Network filed by M. Smalz The Ohio Energy Group's motion for leave to intervene and memorandum in support filed by M. Kurtz Amended certificates of service of motion to intervene and 10 memorandum of support, filed by M. Smalz on behalf of Appalachian Peace and Justice Network Entry ordering that the procedural schedule for this proceeding 11 t/ be adopted as set forth in finding (4; that AEP-Ohio comply with the timeframe established in finding (5 for the filing of stipulations; that the parties adhere to the process established in findings (6 and (7. (GS

10 Motion to intervene of the Ohio Hospital Association and 12 memorandum in support filed by T. O'Brien Motion to intervene and memorandum in support of the Ohio 13 3 Manufacturers Association, filed by T. O'Brien Notice to take depositions and request for production of 14 / documents by the Office of the Ohio Consumers' Counsel filed by M. Grady Motion.for extension, memorandum in support and request for 15 expedited ruling, filed by T. McNamee on behalf of Staff Memorandum in response to staffs motion for extension, filed 16 by S. Nourse on behalf of Columbus Southern Power Company and Ohio Power Company Correspondence of the Ohio Power Company and Columbus 17 Southern Power Company clarifying the OCC and the other intervenors identified in their Memorandum in Response that they did not object to the Companies' request to continue the hearing in the event the Staffs request for an extension of time to prefile its testimony is granted, filed by D. Conway Notice of withdrawal of counsel, L. McAlister, filed on behalf of 18 V McNees Wallace & Nurick LLC by J. Clark Entry ordering the motions to intervene and to admit David 19 3 Rinebolt pro hac vice be granted; that the procedural schedule for this proceeding be modified as outlined in finding (8. (JRJ 10/12/2010 Direct testimony of J. Randall Woolridge, Ph.D. on behalf of The 20 V Ohio Consumers' Counsel, The Ohio Manufacturers' Association, The Ohio Hospital Association, Appalachian. Peace and Justice Network and The Ohio Energy Group by M. Grady. 10/12/2010 Direct testimony and exhibits of Lane Kollen filed by M. Grady on 21 V behalf of OCC, The Ohio Manufacturers' Association, The Ohio Hospital Association, Appalachian Peace and Justice Network and The Ohio Energy Group. 10/20/2010 Prefiled testimony of Richard Cahaan filed on behalf of PUCO by 22 W. Margard.

11 10/22/2010 Revised exhibits JRW 1- JRW 7 filed by M. Grady on behalf of 23 OCC. 10/26/2010 Rebutal testimony of Dr. Anil Makhija on behalf of Columbus 24 Southern Power Company and Ohio Power Company, filed by S. Nourse. 10/26/2010 Rebuttal testimony of Joseph Hamrock on behalf of Columbus Southern Power Company and Ohio Power Company, filed by S. Nourse. 10/28/2010 Substitute copy of Mr. Kollen's exhibits LK-2 through LK-6 for 26 ^ easier reading and review, filed by M. Grady on behalf of the OCC Motion to intervene with memorandum in support filed by M. 27/ White on behalf of The Kroger Co Transcript of Columbus Southern Power Co. hearing held on Trans. 10/25/10. electronically filed by Mrs. Jennifer Duffer on behalf of Armstrong & Okey, Inc. and Jones, Maria DiPaolo Mrs. V Transcript of Columbus Southern Power Co. hearing held on Trans. 10/26/10. electronically filed by Mrs. Jennifer Duffer on behalf of Armstrong & Okey, Inc. and Jones, Maria DiPaolo Mrs. V Transcript and exhibits for hearing held October 26, 2010, before Exh. 3 Greta See and Jeffrey Jones. ( Part 1 of 4 11 / Exhibits for Transcript held on October 26, 2010, before Greta Exh. V/ See and Jeffrey Jones. (Part 2 of Exhibits for Transcript held on October 26, 2010, before Greta Exh. See and Jeffrey Jones. (Part 3 of Exhibits for Transcript held on October 26, 2010, before Greta Exh. See and Jeffrey Jones. ( Part 4 of Exhibits for Transcript (Section 5 Exh Exhibits for Transcript (Section 6 Exh Exhibits for hearing held on October before Greta S E h,, ee x. and Jeff Jones.

12 11/10/2010 Columbus Southern Power Company's and Ohio Power 28 Company's memorandum contra intervention filed by the Kroger Company by S. Nourse. 11/12/2010 Transcript of Columbus Southern Power Company hearing held Trans. 3 on 10/27/10. electronically filed by Mrs. Jennifer Duffer on behalf of Armstrong & Okey, Inc. and Jones, Maria DiPaolo Mrs. 11/15/2010 Memorandum contra Kroger Company and motion to intervene 29 by the Office of the Ohio Consumers Counsel and Appalachian Peace and Justice Network filed by K. Verrett. ^ 11/16/2010 Transcript Proceedings - Vol IV from hearing held November 1, Trans. - O 2010, before Attorney Examiners G. See and J. Jones, V electronically filed by Mrs. Jennifer Duffer on behalf of Jones, Maria DiPaolo Mrs. and Armstrong & Okey, Inc. 11/16/2010 Composite Index - Vol I - IV electronically filed by Mrs. Jennifer Trans. Duffer on behalf of Armstrong & Okey, Inc. and Jones, Maria DiPaolo Mrs. 11/16/2010 Notice of withdrawal of counsel, Joseph M. Clark in these 30 00^ proceedings filed by McNees Wallace & Nurick LLC by J. Oliker. 11/17/2010 Reply to Columbus Southern Power Company and Ohio Power 31 t/ Company's memorandum contra the Kroger Co.'s motion to intervene filed by M. Yurick. 11/17/2010 Exhibit 9 filing for Volume IV for Columbus Southern Power Exh. Company and Ohio Power Company. 11/19/2010 Initial brief of Columbus Southern Power Company and Ohio Power Company filed by S. Nourse and D. Conway. 11/19/2010 Post-Hearing brief by the Office of The Ohio Consumers' Counsel, The Ohio Manufactures' Association, The Ohio Hospital Association, Appalachian Peace and Justice Network, The Ohio Energy Group filed by OCC, T. O'Brien, R. Sites, J. Maskovyak and M. Kutz. 11/19/2010 Post-Hearing brief submitted on behalf of the staff of the Public 34 V/ Utilities Commission of Ohio. 11/19/2010 Brief of Industrial Energy Users-Ohio filed by S. Randazzo. 35 V

13 11/19/2010 Post hearing brief filed by C. Mooney on behalf of Ohio Partners 36 for Affordable Energy. 11/22/2010 Reply to the Office of the Ohio Consumers' Counsel's and the 37 Appalachian Peace and Justice Network memorandum contra the Kroger Co.'s motion to intervene filed by M. Yurick. 11/30/2010 Reply brief of Columbus Southern Power Company and Ohio 38 Power Company filed by S. Nourse. ^ 11/30/2010 Stipulation and recommendation filed by T. McNamee on behalf of the PUCO; T. O'Brien on behalf of the Ohio Hospital Association and Ohio Manufacturers' Association; M. Yurick on behalf of the Kroger Company; E. Hand on behalf of Ormet Primary Aluminum Corp.; S. Nourse on behalf of Columbus Southern Power Company and Ohio Power Company. 11/30/2010 Reply brief submitted on behalf of the Staff of the Public Utilities 40 V Commission of Ohio. 11/30/2010 Ohio Partners for Affordable Energy's reply brief filed by D. 41 Rinebolt. 11/30/2010 Post-hearing reply brief filed by M. Grady on behalf of the Office 42 3 of the Ohio Consumers' Counsel, M. Smalz on behalf of Appalachian Peace, and Justice Network and M. Kurtz on behalf the Ohio Energy Group. 11/30/2010 Notice of appearance of counsel for Industrial Energy Users-Ohio 43 filed byj.oliker. 11/30/2010 Reply brief of Industrial Energy Users-Ohio filed by S. Randazzo Memorandum contra stipulators' request for expedited 45 procedural schedule and request for expedited ruling by the OCC by K. Verrett., Ohio Energy Group by D. Boehm, Appalachian and Justice Network by M. Smalz, Industrial Energy Users-Ohio by S. Randazzo, and Ohio Partners for Affordable Energy, filed by D. Rinebolt Testimony of Philip J. Nelson on behalf of Columbus Southern 46 Y Power Company and Ohio Power Company in support of the stipulation and recommendation, filed by S. Nourse.

14 Entryordering that Kroger's motion for limited intervention is 47 granted and that the parties comply with the procedural schedule set forth in finding (15. (GS Memorandum contra of Columbus Southern Power Company 48 and Ohio Power Company filed by S. Nourse Motion for extension of time and stay of the procedural schedule 49 and memorandum in support of Ohio Partners for Affordable Energy, filed by D. Rinebolt. (FAX Memorandum contra of Columbus Southern Power Company and Ohio Power Company to motion for extension of time and stay of the procedural schedule of Ohio Partners for Affordable Energy filed by S. Nourse Entry ordering that the parties are directed to comply with the revised procedural schedule as set forth in finding (6 and the processing of discovery request as set forth in finding (7. (GS 51 / Motion and memorandum in support for extension of time and stay of the procedural schedule of Ohio Partners for Affordable Energy filed by D. Rinebolt. 12/10/2010 Correspondence concerning proposed agreement to freeze rates 53 filed on behalf of concerned consumer, J. Renner. 12/16/2010 Notice of withdrawal from the November 30, 2010 stipulation 54 filed on behalf of Columbus Southern Power Company and Ohio Power Company by S. Nourse. 12/17/2010 Notice of withdrawal of counsel filed by Sarah Parrot on behalf of 55 tr PUCO Opinion and order that IEU-Ohio's motion to dismiss AEP-Ohio's 56 SEET application is denied; CSP apply the significantly excessive earnings, as determined in this Opinion and Order, first to any deferrals in the FAC account on CSP's books as of the date of this Order, with any remaining balance to be credited to CSP"s customer bills beginning with the first billing cycle in February The billl credit shall be on a kilowatt hour basis and coincide with the end of the current ESP period; AEP-Ohio comply with its commitments as set forth in its notice of withdrawal of the Stipulation and concurring on behalf of Cheryl Roberto.

15 Revised tariff pages PUCO No. 7 electronically filed by Mr. 57 r Matthew J. Satterwhite on behalf of American Electric Power (/ Service Corporation Withdrawal of Matthew S. White from proceedings filed by J. 58 Bentine on behalf of the Chester, Willcox and Saxbe Law Firm. V Finding and order that CSP's January 21, 2011, tariff filing, as 59 V/ modified by this finding and order, should be approved as set forth in findings (3 and (4; and Concurring opinion of Commissioner P. Centolella Revised tariff pages PUCO tariff No. 7 filed by S. Nourse on behalf 60 V of Columbus Southern Power Company Application for rehearing and memorandum in support of 61 Industrial Energy Users-Ohio filed by F. Darr Application for rehearing and memorandum in support filed on 62 3 behalf of Ohio Partners for Affordable Energy by D. Rinebolt Application for rehearing of Columbus Southern Power Compan y 63 VI filed by S. Nourse Application for rehearing and memorandum in support filed b y 64V M. Grady on behalf of OCC, by M. Smaltz on behalf of Appalachian Peace and Justice Network and by D. Boehm on be ha lf of Ohio Energy Group /2011 Ohio Partners for Affordable Energy's memorandum contra, filed 65 by D. Rinebolt Industrial Energy Users-Ohio's memorandum contra applications 66 for rehearing filed by F. Darr. V Memorandum contra Columbus Southern Power Company's and 67 V Industrial Energy Users-Ohio applications for rehearing by the OCC, Ohio Energy Group, and the Appalachian Peace and Justice Network, filed by M. Grady on behalf of the OCC, M. Smalz on behalf of Appalachian Peace and Justice Network, D. Boehm on behalf of the Ohio Energy Group.

16 AEP Ohio's memorandum contra intervenor applications for 68 rehearing, filed by S. Nourse on behalf of Columbus Southern Power Company Entry on rehearing stating that the applications for rehearing are 69 denied with Concurring and Dissenting Opinion of Commissioner Cheryl L. Roberto. V Supreme Court Appeal filed on behalf of the Ohio 70 V Energy Group by D. Boehm Notice of appeal of Appellant Industrial Energy Users-Ohio (SC# 71 V/ filed by F. Darr Notice of Cross-appeal of Columbus Southern Power Company V, 72 (Supreme Court Case File # filed by S. Nourse.

17 Before THE SUPREME COURT OF OHIO Ohio Energy Group Industrial Energy Users-Ohio Columbus Southern Power Company Appellant, VS Supreme Court No The Public Utilities Commission of Ohio Appellee. Being Before THE PUBLIC UTILITIES COMMISSION OF OHIO In the matter of the Annual 2009 Filing of Columbus Southem Power Company and Ohio Power Company required by Rule 4901: , Ohio Administrative Code. Case No EL-UNC

18 CERTIFICATION I, Betty McCauley, the duly appointed and qualified Secretary of The Public Utilities Commission of Ohio, in whose custody the books, records, and files of said Commission are kept, do hereby certify there is transmitted herewith the docket entries of the Commission, ICN No. 1-72, the Opinion and Order dated 1/27/2011 and the Entry on Rehearing dated 3/9/2011 inclusive; and the Certification of the record in Case No EL-UNC IN WITNESS THEREOF, I have thereunto set my hand and affixed the official seal of The Public Utilities Commission of Ohio this 3j3A- day of ^^, r- C A-40,. Betty McCauley, Secretary Tanowa Troupe, Acting Secretary M. Beth Trombold, Acting Secretary THE PUBLIC UTILITIES COMMISSION OF OHIO

19 PUCO EXHIBIT FILMG FUe ofhearing: ( d..(q `(o Case No I2^ (Q E L-(.tN Q-.- PUCO Case Caption:. Lf&,b,s w.i.t,ryte -^^ -Pfj' 1-fh (.rn 0^ 'D List of exhibits being filed: nalk,4/my-^ as i, a 3 11 Lu hs aa^^3 3voe occ ^rc^. { I ^L 2 8 am -d J'/ Fkk'li^:tk Lk---y 333,/ Reporter's Signature: qkai-a, 011 ^Ppte-ta^^,^ Date Submitted: ^ f i