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Opinion & Order The Commission finds that Ohio Power Company failed to carry its burden of proving that Nationwide Energy Partners, LLC is (i) engaged in the business of supplying electricity, is an “electric light company” under R.C. 4905.03(C), or a “public utility” under R.C. 4905.02(A); (ii) operating as an “electric supplier” within Ohio Power Company’s certified territory in violation of R.C. 4933.83(A); and (iii) violating R.C. 4928.08(B) by supplying or arranging for the supply of a competitive retail electric service without the required certification. With respect to counterclaims filed by the respondent, the Commission finds that Nationwide Energy Partners, LLC failed to carry its burden of proving that Ohio Power Company’s actions discussed herein (i) violated R.C. 4905.26, except to the second alleged violation of Count I of its counterclaims where we find in favor of NEP on a limited basis, and (ii) violated R.C. 4905.35(A). Additionally, as discussed herein, the Commission directs AEP Ohio to file an application to modify its electric service resale tariff to include certain provisions related to landlords engaging in the resale of electricity to tenants. Concurring Opinion of Commissioner Daniel Conway electronically filed by Ms. Donielle M. Hunter on behalf of Public Utilities Commission of Ohio. |
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