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Published: Saturday, 10/2/2004

FirstEnergy rate plan goes to state top court

COLUMBUS The Ohio Consumers Counsel yesterday filed an appeal with the state Supreme Court, claiming that a rate plan submitted by FirstEnergy Corp. and approved by the Public Utilities Commission of Ohio violates the state s electric deregulation law and should be overturned.

The rate plan establishes rates in 2006 if the results of an upcoming auction among competitive suppliers isn t acceptable to the commission.

Janine Migden-Ostrander, the consumers counsel, said imposing a rate plan on customers that is not part of the electric choice law is unlawful. The plan allows the parent of Toledo Edison to collect a fee equal to one it has now aimed at paying off its debts from building nuclear power plants years ago.

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