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Grendell appeals ruling on all
Earlier this month, the Geauga County Common Pleas Court dismissed a classaction lawsuit against FirstEnergy Corp. sparked by the termination of its allelectric rate discount program.
On Wednesday, state Sen. Tim Grendell, in his capacity as an attorney, filed an appeal to the court decision that it did not have jurisdiction to hear the case.
Grendell, RChester Township, originally filed the lawsuit in February on behalf of those who were affected by FirstEnergy rate change those who live in allelectric homes.
While FirstEnergy did create a plan to gradually phase out the discounted allelectric rates, Grendell and some customers said the packages should not have been done away with in the first place.
The court, however, determined that it the responsibility of the Public Utility Commission of Ohio to oversee any issues regarding FirstEnergy utility rates and service.
Grendell said PUCO has already stated that it cannot judge the claims of FirstEnergy customers.
the PUCO says it has no jurisdiction to adjudicate the breach of contract and tort claims of allelectric homeowners, why would a court tell the PUCO otherwise? he said in the release.
Grendell also said the court must rule on the case so that customers wronged by the company can be reimbursed without FirstEnergy raising other customers rates. Continued.2
court can award damages without passing the cost onto other electric users,[url=http://www.floware.fr]michael kors femmes[/url], Grendell said.
FirstEnergy spokesman Mark Durbin said while the company agrees with the court decision, it understands why Grendell would appeal.
believe the decision was made properly, Durbin said. the senator is within his rights to appeal.
Throughout the case, FirstEnergy has maintained there was no guarantee to customers that the preferred rates would always be available.
Grendell said FirstEnergy, Cleveland Electric Illuminating Co. and Ohio Edison Co. breached contracts with customers.
Common Pleas Court ruling is erroneous and unfair to allelectric homeowners, Grendell said. those reasons, I am asking the Court of Appeals to reverse the lower court.2
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