Court Oks PUC Review of "Sham Transaction" Claim

Fortnightly Magazine - October 15 1996
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The Ohio Supreme Court has cleared the way for state regulators to review a complaint by Cleveland Electric Illuminating Co. that American Electric Power (AEP), a utility holding company, used one of its electric generating subsidiaries, Ohio Power Co., as a "straw man" to circumvent the state's utility service territory laws and serve one of its retail customers. The Ohio Public Utilities Commission (PUC) had dismissed the complaint, finding 1) that its review would encroach on Federal Energy Regulatory Commission (FERC) authority over wholesale electric transactions, and 2) that a second part of the transaction involved a municipal utility, exempt from state utility laws.

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