In re Application of Moraine Wind, L.L.C.

Summary

The court affirmed the Public Utilities Commission’s certification of six out-of-state wind facilities as eligible Ohio renewable-energy-resource-generating facilities. It held that the record supported the Commission’s determination that the facilities’ generation was physically deliverable into Ohio, that the Commission adequately explained its decision, and that the remaining procedural challenges were waived or jurisdictionally barred. Justice Fischer, concurring in part and dissenting in part, would have reversed and remanded on the deliverability and explanation issues.