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CASE NUMBER: 93-1408-EL-CSS
CASE DESCRIPTION: YOUNGSTOWN THERMAL/OHIO EDISON
DOCUMENT SIGNED ON: 7/7/2020
DATE OF SERVICE: ________________________________________
08/06/2009 Confidential Release:Annual costs at 1993 marginal rates vs annual maximum revenue at cooling rate cap filed on August 22, 1994 released to public on August 6, 2009.
08/06/2009 Confidential Release:Comparison of costs vs revenue-10 year analysis filed on April 31, 1995 released to public on August 6, 2009.
08/06/2009 Confidential Release: Correspondence stating confidential documents filed under seal with the Supreme Court of Ohio, filed on January 16, 1996 released to public on August 6, 2009.
08/06/2009 Confidential Release: Exhibit 141-Performance Appraisal filed on August 26, 1994 released to public on August 6, 2009.
08/06/2009 Confidential Release: Memorandum contra to motion of respondent Ohio Edison Company to compel discovery filed on August 26, 1994 released to public on August 6, 2009.
07/02/1997 Returned from Supreme Court, 11 Vols. - Destroyed. (1) Confidential returned.
01/16/1996 Supreme Court Transmittal Papers. (11 pgs.)
12/15/1995 Notice of appeal filed on behalf of respondent, Ohio Edison, by J. Burk. (75 pgs.)
10/18/1995 Entry ordering that Ohio Edison's application for rehearing is granted to the limited extent described in Finding 19; that the clarifications and three typographical correc- tions be made to the August 31, 1995 Opinion & Order. (20 pgs.)
10/12/1995 Memorandum contra application for rehearing of Ohio Edison Company, filed on behalf of complainant by J. Winship Read. (13 pgs.)
10/02/1995 Application for rehearing of Ohio Edison Company filed by J. Burk. (57 pgs.)
08/31/1995 Opinion & Order closing this case of record. (45 pgs.) (CONFIDENTIAL ADDITION FILED UNDER SEAL)
01/31/1995 Reply brief filed on behalf of respondent, Ohio Edison, by J. Burk. (25 pgs.)
01/31/1995 Reply brief filed on behalf of complainants by J. Read. (57 pgs.)
01/18/1995 Correction to the post hearing brief filed on behalf of complainant by J. Read. (1 pg.)
01/17/1995 Complainant's Post-Hearing Brief filed by J. Read. (72 pgs.)
01/17/1995 Initial Brief of Ohio Edison Company filed by G. Rooney, Jr. & M. Beiting. (132 pgs.)
12/12/1994 Transcript filed for hearing held 12/6/94, (GP), 9 pgs., Submitted. (Volume IX)
12/12/1994 Transcript filed for hearing held 12/5/94, (GP), 94 pgs., Con't. (Volume VIII)
12/12/1994 Transcript filed for hearing held 12/2/94, (GP), 241 pgs., Con't. (Volume VII)
12/12/1994 Transcript filed for hearing held 12/1/94, (GP), 221 pgs., Con't. (Volume VI)
12/12/1994 Transcript filed for hearing held 11/30/94, (GP), 152 pgs., Con't. (Volume V)
12/12/1994 Transcript filed for hearing held 11/29/94, (GP), 182 pgs., Con't. (Volume IV)
11/23/1994 Motion to strike expert witness testimony of William C. Miller filed on behalf of complainant by J. Read. (152 pgs.)
11/23/1994 Motion to strike expert witness testimony of Jamison W. Rowlands filed on behalf of complainant by J. Read. (92 pgs.)
11/23/1994 Amended motion requesting issuance of subpoenas filed on behalf of respondent, Ohio Edison, by J. Burk and G. Rooney, Jr. (3 pgs.)
11/23/1994 Entry granting Ohio Edison's amended motion requesting issuance of subpoenas. (AE) (1 pg.)
11/21/1994 Motion requesting issuance of subpoenas with supporting memorandum and subpoenas filed on behalf of respondent, Ohio Edison, by G. Rooney, Jr. (6 pgs.)
10/25/1994 Letter requesting that the hearing be continued until 11/29/94, filed on behalf of respondent, Ohio Edison, by J. Burk. (1 pg.)
10/06/1994 Complaint's Exhibit #106 filed. (FILED 10/5/94 UNDER SEAL IN TRANSCRIPT VOLUME I)
10/05/1994 Transcript filed for hearing held 9/22/94, (GP), 9 pgs., Con't. (Volume III)
10/05/1994 Transcript filed for hearing held 9/21/94, (GP), 197 pgs., Con't. (Volume II)
10/05/1994 Transcript filed for hearing held 9/20/94, (GP), 181 pgs., Con't. (Volume I)
09/22/1994 Proofs of service filed by R. Purser, Attorney Services of Northeast Ohio. (11 pgs.)
09/22/1994 Motion to quash and affidavit of William Fortman filed by S. Garea. (3 pgs.)
09/21/1994 Motion to quash subpoena issued on September 9, 1994 by Gretchen L. Petrucci, filed on behalf of Daniel F. Marinucci by V. Gilmartin. (6 pgs.)
09/20/1994 Brief in opposition to motions to quash subpoenas, filed on behalf of complainant by J. Read. (12 pgs.)
09/19/1994 Motion to quash subpoena issued on September 2, 1994 by Gretchen L. Petrucci, filed by S. Garea. (2 pgs.)
09/19/1994 Exhibit list filed on behalf of complainant by S. Cruise. (3 pgs.)
09/19/1994 Pre-hearing brief filed on behalf of complainant by J. Read. (12 pgs.)
09/19/1994 Trial exhibit list filed on behalf of respondent, Ohio Edison, by G. Rooney, Jr. (3 pgs.)
09/19/1994 Pre-hearing statement filed on behalf of respondent, Ohio Edison, by G. Rooney, Jr. (11 pgs.)
09/19/1994 Response to non-party motions to quash and motion to allow trial deposition procedure, filed on behalf of respondent, Ohio Edison, by G. Rooney, Jr. (5 pgs.)
09/16/1994 Motion to quash subpoena issued on September 9, 1994 by Gretchen L. Petrucci, filed on behalf of Daniel F. Marin- ucci by V. Gilmartin. (5 pgs.)
09/16/1994 Motion to quash subpoena issued on September 2, 1994 by Gretchen L. Petrucci, filed on behalf of Daniel F. Marin- ucci by V. Gilmartin. (5 pgs.)
09/15/1994 Witness list filed on behalf of respondent, Ohio Edison, by G. Rooney, Jr. (4 pgs.)
09/14/1994 Entry ordering Ohio Edison motion to compel is granted in part and denied in part, as stated in finding (4) and that Youngstown Thermal serve its responses to interrogatories 27 and 30 upon Ohio Edison by September 17, 1994. (AE)(3pgs)
09/14/1994 Youngstown Thermal, limited partnership's witness list filed by J. Read. (3 pgs.)
09/09/1994 Motion requesting issuance of subpoenas and memorandum in support filed on behalf of respondent, Ohio Edison, by M. Beiting. (10 pgs.)
09/09/1994 Certificate of service for return of service forms indicating that subpoenas were served, filed on behalf of complainant by S. Howard. (9 pgs.)
09/06/1994 Confidential exhibits of Ohio Edison Company, William D. Bryd, Exhibit WDB-2, Charles J. Idle, Exhibits CJl5 and 6, filed on behalf of respondent by J. Burk. (FILED UNDER SEAL) (28 pgs.)
09/06/1994 Expert testimony of the following persons filed on behalf of applicant by J. Burk: (129 pgs.) 1. William D. Byrd 2. Charles J. Idle 3. William C. Miller, P.E. 4. Jamison W. Rowlands
09/02/1994 Motion requesting issuance of subpoenas and memorandum in support filed on behalf of complainant by J. Read. (6 pgs.)
08/31/1994 Response to complainant's memorandum contra Ohio Edison Company's motion to compel, filed on behalf of respondent, Ohio Edison, by G. Rooney, Jr. (6 pgs.)
08/26/1994 Redacted memorandum contra to motion of respondent, Ohio Edison Company, to compel discovery filed on behalf of complainant by S. Cruise. (53 pgs.)
08/26/1994 Confidential memorandum contra to motion of respondent Ohio Edison, to compel discovery filed on behalf of complainant by S. Cruise. (FILED UNDER SEAL) (58 pgs.)
08/22/1994 Pre-filed testimony of A. Scott Rothey filed on behalf of complainant by S. Taft. (15 pgs.)
08/22/1994 Confidenial filing which was attached to the pre-filed testimony of Joseph A. Herz, filed on behalf of complainant by S. Taft. (FILED UNDER SEAL)
08/22/1994 Pre-filed testimony of Joseph A. Herz filed on behalf of complainant by S. Taft. (64 pgs.)
08/19/1994 Motion of Respondent Ohio Edison Company to Compel Discovery filed by G. Rooney, Jr. (55 pgs.)
08/10/1994 Notice of service of discovery responses filed on behalf of complainant by S. Cruise.
07/08/1994 Notice of service of discovery responses filed on behalf of complainant by S. Cruise.
07/05/1994 Entry ordering that the Youngstown Thermal's motion for a continuance of the expert testimony due dates and the evidentiary hearing date is granted; Youngstown Thermal shall now file its expert testimony by 8/22/94 and OE shall file its expert testimony by 9/6/94; the evidentiary hearing is rescheduled for 9/20/94 at 10:00 a.m. at the Commission offices. (AE)
07/01/1994 Motion for continuance and an expedited ruling filed on behalf of complainant by S. Taft.
06/14/1994 Notice of services of discovery responses filed on behalf of respondent, Ohio Edison, by G. Rooney, Jr. and J. Burk. (FILED 6/13/94)
06/06/1994 Notice of service of discovery responses filed on behalf of complainant by S. Cruise.
05/20/1994 Transcript filed for hearing held 5/16/94 , (GP), 4 pgs. Con't.
05/09/1994 Notice of Records Deposition Upon Oral Examination filed on behalf of applicant by J. W. Read.
05/09/1994 Certificate of service filed on behalf of the complainants by S. Howard.
05/02/1994 Notice of deposition upon oral examination of K. Anthony Hayek, filed on behalf of complainant by W. Read.
05/02/1994 Notice of deposition upon oral examination of William Fortman, filed on behalf of complainant by W. Read.
05/02/1994 Notice of deposition upon oral examination of John Knapik filed on behalf of complainant by W. Read.
05/02/1994 Notice of deposition upon oral examination of Commander James Lewandowski, filed on behalf of complainant by W. Read.
05/02/1994 Notice of deposition upon oral examination of Daniel F. Marinucci, filed on behalf of complainant by W. Read.
05/02/1994 Notice of deposition upon oral examination of Govind Thakkar, filed on behalf of complainant by J. Read.
05/02/1994 Notice of deposition upon oral examination of Thomas A. Syrakis, filed on behalf of complainant by J. Read.
04/26/1994 Joint motion for continuance of May 16, 1994 hearing and for entry of case management procedure filed on behalf of complainant by J. Read and respondent, Ohio Edison, by G. Rooney, Jr.
04/14/1994 Legal Notice sent to: Youngstown Vindicator (Mahoning Co.) Certified Mail.
04/07/1994 Entry denying OE's application for rehearing; scheduling a hearing at 10:00 a.m. on 5/16/94 at the Commission offices.
03/24/1994 Memorandum contra application for rehearing, filed on behalf of complainant by S. Taft.
03/14/1994 Application for rehearing and memorandum in support filed on behalf of respondent, Ohio Edison, by J. Burk.
03/02/1994 Statement of Youngstown Thermal, Limited Partnership filed by S. Taft.
03/02/1994 Response filed on behalf of respondent, Ohio Edison, by J. Burk.
02/10/1994 Finding & Order that the parties file a statement with the Commission within 20 days of this Finding & Order indicat- ing whether they wish this matter to proceed to a hearing; that this Finding & Order is not a final appealable order.
01/31/1994 Transcript filed for hearing held 1/18/94, (GP), 5 pgs., Con't.
01/10/1994 Reply brief filed on behalf of respondent, Ohio Edison, by J. Burk.
01/10/1994 Reply brief to Ohio Edison's initial pre-hearing brief on authority of respondent to furnish utility service under R.C. 4905.34 for less than actual cost for the purpose of destroying competition, filed on behalf of Youngstown Thermal, Limited Partnership by S. Taft.
01/03/1994 Initial brief filed on behalf of respondent, Ohio Edison, by J. Burk.
01/03/1994 Pre-hearing brief on authority of respondent to furnish utility service under R.C. 4905.34 for less than actual cost for the purpose of destroying competition, filed on behalf of complainant by S. Taft.
12/13/1993 Legal Notice sent to: Youngstown Vindicator (Mahoning Co.) Certified Mail.
11/18/1993 Entry scheduling a prehearing conference at 1:30 p.m. on 12/13/93 at the Commission offices; scheduling a hearing at 10:00 a.m. on 1/18/94 at the Commission offices. (AE)
11/03/1993 Answer filed on behalf of respondent, Ohio Edison, by J. Burk.
10/14/1993 Entry denying OE's motions for an expedited ruling and to dismiss the complaint; that OE file an answer to the com- plaint and serve a copy upon Youngstown Thermal within 20 days of this entry. (AE)
09/02/1993 Memorandum contra motion to dismiss filed on behalf of complainant by S. Taft.
08/26/1993 Motion to dismiss and memorandum in support filed on behalf of respondent, Ohio Edison, by J. Burk.
08/26/1993 Complaint letter and copy of complaint mailed to: James W. Burk, Ohio Edison Co.
08/23/1993 In the matter of the complaint of Youngstown Thermal, Limited Partnership against Ohio Edison Company regarding alleged unauthorized public utility cooling service, discriminatory self-dealing, and proposed sale of utility service at less than actual cost for the purpose of destroying competition.