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Case Record For:

05-0075-EL-PWC

File a Public Comment
Case Title: CINCINNATI GAS AND ELECTRIC/FOREST PARK, CITY OF
Status: AR-Archived
Industry Code: EL-ELECTRIC
Purpose Code: PWC-Public Way Complaint
Date Opened: 1/19/2005
Date Closed: 9/24/2007
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Date FiledSummaryPages
03/07/2007Entry ordered; that the application for rehearing filed by Duke Energy Ohio, Inc. be denied.5
03/07/2007Service Notice2
03/06/2007Reply to Forest Park's memorandum contra application for rehearing, filed on behalf of Duke Energy Ohio, Inc. by R. D'Ascenzo.8
02/26/2007Memorandum contra on behalf of the City of Forest Park, Duke Energy Ohio, Inc.'s application for rehearing filed by D. Anderson.16
02/09/2007Application for rehearing and memorandum in support, filed on behalf of Duke Energy Ohio, Inc. by Rocco D'Ascenzo.20
01/10/2007Service Notice2
01/10/2007Opinion and Order granting in part and denying in part the complaint filed by Duke; that the Registration Maintenance Fee prescribed by the Amended Ordinances be deemed unlawful to the extent that it includes recovery of 13,078.20 in administrative costs incurred by the City of Forest Park in 2005; that the suspension of the public way fee provisions of the Amended Ordinances, previously ordered by this Commission, be terminated effective February 12, 2007, as set forth in this second opinion and order.14
09/05/2006Reply brief filed by P. Colbert on behalf of Duke Energy Ohio.20
09/05/2006Reply brief of the City of Forrest Park filed by D. Anderson.14
08/21/2006Merit brief of complainant, Duke Energy Ohio filed by A. Schafer37
08/21/2006Initial post-hearing brief of the City of Forrest Park filed by D. Anderson.15
07/28/2006Transcript and exhibits of proceeding before attorney examiner Gregory Price on July 14, 2006.76
07/26/2006Entry ordering that the fee provisions of the City of Forest Park Ordinance Nos. 24-2004, 08-2006 and 09-2006 be suspended until otherwise ordered by the Commission.3
07/26/2006Service Notice2
07/18/2006Service Notice2
07/17/2006Entry ordered; that initial post-hearing briefs be filed by August 21, 2006 and that reply briefs be filed by September 5, 2006. (GAP)2
07/12/2006Service Notice2
07/12/2006Entry denying the motion to dismiss filed by the City of Forest Park. (GP)3
07/07/2006Supplemental direct testimony of Gary J. Hebbeler on behalf of Duke Energy Ohio filed by P. Colbert.13
07/07/2006Supplemental direct testimony of William Don Wathen, Jr. on behalf of Duke Energy Ohio filed by P. Colbert.14
07/07/2006Direct testimony of David L. Buesking filed by C. Miller on behalf of The City of Forest Park114
07/06/2006Notice to the City of Forest Park to take depositions filed by P. Colbert on behalf of Duke Energy Ohio, Inc.3
06/27/2006Reply memorandum in support of motion to dismiss filed by D. Anderson on behalf of The City of Forrest Park.8
06/20/2006Memorandum contra to the City of Forest Park's motion to dismiss filed by A. Schafer on behalf of Duke Energy of Ohio, Inc.14
06/19/2006Service Notice2
06/16/2006Entry ordering that the procedural schedule for this proceeding be adopted as set forth in finding (5); that the evidentiary hearing in this proceeding commence on July 14, 2006, at 10:00 A.M., at the offices of the Commission, Hearing Room 11-F, 180 East Broad Street, Columbus, Ohio 43215. (GAP)3
06/05/2006Motion to dismiss on behalf of The City of Forest Park filed by D. Anderson.7
06/05/2006Answer of the City of Forest Park filed by D. Anderson.8
05/23/2006Service Notice2
05/23/2006Entry ordering that a prehearing conference be scheduled on June 8, 2006, at 10:00 A.M., 180 East Broad Street, hearing room 11-B, Columbus, Ohio, 43215-3793. (GAP)2
05/19/2006Service Notice2
05/19/2006Service Notice2
05/18/2006Entry ordering that the Commission 's Docketing Division serve a copy of the complaint to Daniel M. Anderson and Christopher L. Miller, Schottenstein, Zox and Dunn, and City of Forest Park, c/o City Solicitor; that Forest Park shall have until June 5, 2006 to file its answer to the complaint; that all pleadings in this case shall be filed in accordance with Finding (9). (GAP)4
05/15/2006Complaint and appeal from public way ordinance of Duke Energy Ohio, Inc. filed by A. Schafer.62
04/14/2006Notification of public way fee assessment filed by C. Miller on behalf of The City of Forest Park.10
03/08/2006Service Notice2
03/07/2006Opinion and Order stating that the application fee prescribed by ordinance be deemed unlawful, and be assessed, that the suspension of the fee provisions of the ordinance previously ordered by this Commission be lifted effective immediately.15
11/21/2005Reply brief in response to complainant's initial merit brief of Forest Park filed by C. Miller.16
11/21/2005Reply Brief of Cincinnati Gas & Electric Company filed by S. Hylton.15
11/14/2005Initial merit brief of complainant, The Cincinnati Gas and Electric Company filed by S. Hylton.32
11/14/2005Post hearing brief filed by D. Anderson on behalf of the City of Forest Park.10
11/03/2005Addendum of late-filed exhibit C to Forest Park filed by D. Anderson.22
11/01/2005Transcript for hearing held October 14, 2005 before J. Shailer and J. Kingery, AEs.92
10/19/2005Late-filed Exhibit C filed by D. Anderson on behalf of the City of Forest Park.22
10/05/2005Reply of Cincinnati Gas & Electric to Forest Park's memorandum contra to the CG&E 's motion in limine file by P. Colbert.16
10/05/2005Transcript for hearing held on September 27, 2005 before John L. Shailer and Jeanne Kingery, attorney examiners.7
09/29/2005Memorandum contra to Cinergy Gas & Electric's motion in limine filed by D. Anderson on behalf of the City of Forest Park.6
09/29/2005Direct testimony of David L. Buesking on behalf of the City of Forest Park filed by D. Anderson.15
09/29/2005Direct testimony of Chip Bergquist on behalf of the City of Forest Park filed by D. Anderson.116
09/27/2005Correspondence with missing page 12 the was inadvertaley missed in previous filing of September 26, 2005 filed by P. Colbert2
09/26/2005Motion in limine for The Cincinnati Gas & Electric Company to prohibit the city of Forest Park from calling witnesses or to limit the testimony of lay witnesses to facts related to this proceeding and within their personal knowledge and request for an expedited ruling and memorandum in support filed by P. Colbert173
09/20/2005Notice to take depositions filed by P. Colbert on behalf of Cincinnati Gas & Electric Company,4
09/13/2005Direct testimony of William Don Wathen, Jr. on behalf of the Cincinnati Gas & Electric Company.19
09/13/2005Direct testimony of Richard Hoff on behalf of the Cincinnati Gas & Electric Company.7
09/13/2005Direct testimony of Gary J. Hebbeler on behalf of the Cincinnati Gas & Electric Company.55
08/10/2005Service Notice1
08/10/2005Entry scheduling a hearing for September 27, 2005, at 10:00 a.m., in hearing room 11-F, at the offices of the Commission, 180 E. Broad St., Columbus, OH 43215; that the procedural schedule set forth in finding (4) shall be followed.3
04/05/2005Service Notice1
04/05/2005Entry ordered that an evidentiary hearing previously scheduled is continued until a date to be determined; ordered that a telephone status/prehearing conference shall be held on Friday, June 3, 2005, at 2:00 p.m. (JS)2
03/16/2005Service Notice1
03/16/2005Entry stating that Forest Park's motion to dismiss be granted as to the portions of count IV of the complaint that relates to the relocation of facilities, the creation of a utility corridor and reporting requirements; that Forest Park's motion to dismiss be denied as to the portion of count IV of the complaint that relates to mapping requirements; that Forest Parks' motion to dismiss be denied as to counts I, II and III of the complaint; that the fee provisions of Forest Park ordinance 24-2004 be suspended until otherwise ordered by the Commission.12
03/07/2005Original affidavit of Ray Hodges in support of reply memorandum in support of motion to dismiss filed by D. Anderson on behalf of the City of Forest Park.6
03/02/2005The City of Forest Park's reply in support of motion to dismiss filed by D. Anderson.13
02/28/2005Service Notice1
02/25/2005Memorandum Contra to the City of Forest Park's motion to dismiss filed on behalf of The Cincinnati Gas & Electric Company by P. Colbert.16
02/18/2005Entry stating that an telephonic status/prehearing conference be held on April 1, 2005 at 2:00 p.m.; an evidentiary hearing be held on April 21, 2005 at 10:00 a.m.(JS).3
02/15/2005Answer filed on behalf of the City of Forest Park by D. Anderson.6
02/15/2005Motion to dismiss filed on behalf of the City of Forest Park by D. Anderson.17
01/28/2005Notice of appearance and substitution of counsel filed on behalf of The City of Forest Park by D. Anderson.4
01/26/2005Service Notice1
01/26/2005Entry ordering that Forest Park shall have until February 15, 2005 to file it's answer to complaint and all pleadings shall be filed in accordance with the requirements set forth in finding (7). (JS)3
01/19/2005In the matter of the complaint and appeal of The Cincinnati Gas & Electric Co. from ordinance 24-2004 of the City of Forest Park, Ohio pursuant to R.C. 4905.26 and R.C. 4939.06.53