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12/22/2011
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Supreme Court Document The following decision, announcement or notice of action by the Supreme Court of Ohio with respect to this case is provided solely for the information and convenience of the reader, and should not be construed as a part of the record of this case before the Public Utilities Commission of Ohio, and may be subject to formal revision before it is published in the Ohio Official Reports. The Court’s opinions from 1992 to the present are available online from the Reporter of Decisions at http://www.sconet.state.oh.us/ROD/ - Slip Opinion (Dec. 1, 2010) [Cite as In re Application of Middletown Coke Co., 127 Ohio St.3d 348, 2010-Ohio-5725.] electronically filed by Kimberly L Keeton on behalf of Ohio Power Siting Board |
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03/01/2011
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Service Notice |
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02/28/2011
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Entry ordered that MCC's request to withdraw its application be granted and that this case be closed of record. |
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12/03/2010
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Notice of withdrawal of application filed by M.H. Petricoff on behalf of Middletown Coke Company. |
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04/27/2010
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Notice of commencement of construction on May 13, 2010, electronically filed by Tim Burgener on behalf of the Applicant |
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06/22/2009
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Supreme court transmittal papers filed. (SC #09-941) |
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06/22/2009
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Service notice. |
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05/22/2009
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Notice of appeal filed on behalf of the City of Monroe by J. Van Kley. |
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03/25/2009
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Service Notice. |
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03/24/2009
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Service Notice. |
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03/23/2009
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Entry ordering that the City of Monroe's application for rehearing be denied. |
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03/06/2009
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Memorandum contra of the applicant filed by M. H. Petricoff on behalf of Middletown Coke Company. |
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02/25/2009
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Petition for rehearing and memorandum in support of intervenor, City of Monroe filed by C. Walker. |
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01/27/2009
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Service Notice. |
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01/26/2009
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Opinion ordering that the stipulation be approved and adopted and that a certificate be issued to MCC for construction, operation, and maintenance of the cogeneration facility as proposed at the preferred site. It is further ordered that the certificate contain the 12 conditions set forth above in section VI of the opinion, order, and certificate. |
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12/12/2008
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Post-hearing- reply brief of City of Monroe filed by C. Walker and J. Van Kley. |
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12/12/2008
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Reply brief submitted on behalf of the Staff of the Ohio Power Siting Board filed by T. Lindgren and M. Malone. |
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12/12/2008
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Reply brief of applicant, Middletown Coke Company, filed by M. Petricoff. |
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12/11/2008
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No brief will be submitted in the above encaptioned matter, but party will submit all issues on the testimony and evidence presented at the hearing filed by F. Joseph Schiavone. |
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12/04/2008
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Supplemental certificate of service filed by C. Walker on behalf of the City of Monroe. |
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12/02/2008
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City of Monroe's post-hearing brief filed by C. Walker, Counsel. |
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12/01/2008
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Post-Hearing brief submitted on behalf of the staff of the Ohio Power Siting Board filed by T. Lindgren and M. Malone. |
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12/01/2008
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Post-hearing brief seeking a waiver of the one-year notice filed by C. Walker on behalf of the City of Monroe. (FAX) |
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12/01/2008
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Initial brief of the applicant filed by M. Petricoff on behalf of Middletown Coke Company. |
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11/18/2008
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Exhibits for public hearing held 10/14/08 in Middletown, Ohio before AE Scott Farkas, |
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11/14/2008
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Exhibits for proceedings held before AE S. Farkas, at the Ohio Power Siting Board, on November 7, 2008. (Part 1 of 2) |
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11/14/2008
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Exhibits for hearing held 11/07/08 continued. (Part 2 of 2) |
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11/14/2008
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Transcript for Middletown Coke Co. hearing held 11/7/08 before AE S. Farkas electronically filed by Mrs. Jennifer D. Duffer on behalf of Armstrong & Okey, Inc. |
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11/13/2008
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Service Notice. |
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11/06/2008
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Stipulation of the City of Monroe filed by C. Walker (Original) |
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11/05/2008
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Service Notice |
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11/05/2008
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Stipulation of City of Monroe filed by C. Walker. (FAX) |
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11/04/2008
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Entry denying MCC's motion to compel. (SF) |
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11/03/2008
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Motion to compel and memorandum in support filed by J. Van Kley on behalf of the City of Monroe. |
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10/31/2008
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Direct testimony of Ryan D. Osterholm filed by S. Howard on behalf of Middletown Coke Company. |
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10/30/2008
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Transcript for hearing held on October 14, 2008 before Scott Farkas, Attorney Examiner. |
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10/30/2008
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Joint stipulation and recommendation filed by T. Lindgren on behalf of PUCO, by M. Malone on behalf of Environmental Enforcement Section, and by M. Petricoff on behalf of Middletown Coke Company. |
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10/29/2008
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Middletown Coke Company's responses to second request for the production of documents by intervenor City of Monroe filed by S. Howard. |
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10/29/2008
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Middletown Coke Company's responses to second set of interrogatories from intervenor City of Monroe filed by S. Howard. |
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10/27/2008
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Response of Middletown Coke Company to Ohio Powers Siting Board Staff question posed at October 16, 2008 pre-hearing conference filed by S. Howard. |
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10/17/2008
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Service Notice |
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10/17/2008
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Entry ordering that the evidentiary hearing commence at 9:00 a.m., on November 7, 2008, at the offices of the Commission, in Hearing Room 11-F, 180 East Broad Street, Columbus, Ohio 43215. (SF) |
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10/15/2008
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Response to Middletown Coke Company first set of interrogatories and requests for production of documents, filed by C. Walker on behalf of City of Monroe. |
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10/09/2008
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Responses to the City of Monroe's first set of requests for production of documents on behalf of Middletown Coke Company filed by S. Howard. |
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10/09/2008
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Response to the City of Monroe's first set of interrogatories on behalf of Middletown Coke Company filed by S. Howard. |
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10/09/2008
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Responses to the City of Monroe's first set of requests for admissions on behalf of Middletown Coke Company filed by S. Howard. |
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10/09/2008
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Second request for production of documents by intervener City of Monroe to applicant Middletown Coke Company filed by J. Kley. |
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10/09/2008
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City of Monroe's responses to Middletown Coke Company's first set of interrogatories and requests for production of documents filed by C. Walker. |
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10/09/2008
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Verification of Mr. Ryan Osterholm which relates to the responses of Middletown Coke Company to the City of Monroe's first set of discovery filed by S. Howard. |
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10/09/2008
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Service Notice |
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10/09/2008
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Second set of interrogatories from intervener City of Monroe to applicant Middletown Coke Corporation filed by J. Kley. |
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10/09/2008
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Entry denying the motion to vacate the May 28, 2008 entry granting waivers; that the motion to vacate the September 25, 2008 entry be denied; that the motion to certify an interlocutory appeal be denied. (SF) |
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10/08/2008
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Reply in support of City of Monroe's motion to vacate entry foreclosing testimony about environmental impacts of Coke Plant, or in the alternative, application for interlocutory appeal filed on behalf of Middletown Coke Company by J. Van Kley and C. Walker. |
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10/06/2008
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Memorandum contra of Middletown Coke Company by H. Petricoff. |
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10/06/2008
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Publishers certificate indicating that notice of the hearing was published submitted by Middletown Coke Company by S. Howard. |
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10/01/2008
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Response of Middletown Coke Company to Ohio Power Siting Board Staff third list of questions and data requests filed by S. Howard. |
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09/30/2008
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Response letter to B. Wills regarding the proposed Middletown Coke, Co-Generation Facility from K. Lambeck, OPSB. |
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09/30/2008
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City of Monroe's motion to vacate entry foreclosing testimony about environmental impacts of Coke plant, or in the alternative, application for interlocutory appeal and memorandum in support filed by J. Van Kley. |
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09/29/2008
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Service notice.
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09/26/2008
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Staff Report of Investigation electronically filed by Mr. Timothy S Burgener on behalf of Staff of the Ohio Power Siting Board. |
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09/25/2008
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Entry ordered that the motions to intervene filed by the City of Monroe and F. Joseph Shiavone be granted; that the motion to intervene filed by Robert Snook be denied; that the October 16, 2008, evidentiary hearing be converted to a prehearing conference. (SF) |
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09/25/2008
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Service Notice |
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09/19/2008
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First set of interrogatories to Middletown Coke Company filed by C. Walker on behalf of City of Monroe, Ohio. |
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09/19/2008
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First set of requests for admissions to Middletown Coke Company filed by C. Walker on behalf of City of Monroe, Ohio. |
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09/19/2008
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First set of requests for production of documents to Middletown Coke Company filed by C. Walker on behalf of the City of Monroe, Ohio. |
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09/19/2008
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First set of interrogatories and request for production of documents to the City of Monroe filed by S. Howard on behalf of Middletown Coke Company. |
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09/18/2008
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Petition to intervene per OAC 4901-1-11 filed by R. Snook. |
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09/18/2008
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Petition to intervene per OAC 4901-1-11 filed by F. Schiavone. |
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09/17/2008
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Response of Middletown Coke Company to Ohio Power Sighting Board staff list of questions and data requests filed by S. Howard |
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09/12/2008
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Letter explaining the details of the Middletown Coke Company co-generation station to property owners and the details of when the public hearing will be held filed on behalf Middletown Coke Company by S. Howard. |
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09/12/2008
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Petition for leave to intervene and memorandum in support filed on behalf of the City of Monroe, Ohio by C. Walker. |
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09/12/2008
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Response of Middletown Coke Company to Ohio Power Siting Board Staff list of questions and data requests by M. Petricoff and S. Howard. |
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09/09/2008
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Comments and letters stating the best available technology is not being used per OAC 3745-31-01 filed by R. Snook. |
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08/21/2008
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Proof of Publication. (Butler County) |
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08/05/2008
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Service Notice |
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08/04/2008
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Entry ordering that the hearings in this case be scheduled at the times and places designated in finding(3) and that MCC publish notice of the application and hearings in this matter in accordance with findings (4) and (5). (SF) |
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07/31/2008
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Letter with check for payment of the application fee in the above case, filed by S. Howard on behalf of the Middletown Coke Company Cogeneration Station project. |
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07/31/2008
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Certificate of service filed on behalf of Middletown Coke Company by S. Howard. |
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07/23/2008
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Letter to M. Petricoff regarding the application for certificate Middletown Coke Company Cogeneration Station filed by OPSB. |
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07/18/2008
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Response to the request from the staff of the Power Siting Board filed by M.H. Petricoff on behalf of Middletown Coke Company. |
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07/01/2008
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Replacement Inventory maps, Figures 1 and 2, also stating that the original map misplaced the location of the power island within the coking facility filed by M. Howard Petricoff on behalf of Middletown Coke Company |
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06/06/2008
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Application of the Middletown Coke Company to construct and operate a co-generation facility at State Route 4 and Yankee Road, Middletown, Ohio filed by M. Petricoff. |
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05/28/2008
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Entry ordered that the motion for a waiver of Section 4906.06(A)(6), Revised Code, and a waiver of the requirements to fully develop the analysis of the alterative site under Rules 4906-13-02(B)(l), 4906-13-03, 4606-13-04, 4606-13-05(A) and (B)(3), and 4606-13-06(B)(l)(a) and (C)(1)(e), O.A.C, is granted. (SF) |
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05/28/2008
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Service Notice |
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05/20/2008
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Memorandum regarding motion for waiver: Staff has no objection for waiver from rules as long as it applies only to the Alternative Site and not the Planned Site. |
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04/24/2008
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Motion for waiver and memorandum in support filed on behalf of Middletown Coke Company, a subsidiary of SunCoke Energy by M. Petricoff. |
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04/21/2008
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Application of Middletown Coke Company a subsidiary of SunCoke Energy, for a certificate of environmental compatibility and public need to build a cogeneration station in Butler County, Ohio. |
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04/18/2008
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Affidavit of publication to open case. (Butler County) |