Public Utilities Commission initiated action against electric-distribution utility to review prudence of utility’s purchases of renewable energy credits.
The Commission ordered utility to credit customers’ bills based on some imprudent purchases of in-state renewable energy credits. Utility appealed, and environmental group and Office of the Ohio Consumers’ Counsel filed cross-appeals.
The Supreme Court of Ohio held that:
- Commission engaged in unlawful retroactive rulemaking when it ordered electric-distribution utility to credit customers’ bills for failing to act prudently in purchasing renewable energy credits;
- Evidence did not support determination that information about utility’s renewal-energy-credit suppliers and auction process derived independent economic value from not being generally known, as required to find information was a trade secret; and
- Utility took reasonable steps to maintain the secrecy of information regarding renewal-energy-credit suppliers and auction process, as required to find information was a trade secret.