In re Application of American Transmission Systems, Inc., et al.; Citizens Advocating Responsible Energy v. Ohio Power Siting Board, et al.

Summary

The Ohio Supreme Court reviewed an appeal from an Ohio Power Siting Board order authorizing construction of an electric transmission line in Geauga County. The court held that the Board did not unlawfully delegate its decisional authority to an administrative law judge and did not abuse its discretion by granting only a two-week continuance. The court affirmed the Board's order.

Holdings

1. The Board did not violate R.C. 4906.02(C) by delegating its decisional authority because the statute permits delegation of hearing, study, consideration, and drafting functions, while the Board itself retained and exercised the authority to grant the certificate.
2. The ALJ did not abuse its discretion by granting CARE a two-week continuance rather than the requested four-week continuance, and CARE failed to show prejudice or identify evidence or argument that would have been produced but omitted.
3. CARE waived its argument favoring burdening public lands because it raised the argument for the first time in its reply brief.

Questions Presented

1. Whether the Ohio Power Siting Board unlawfully delegated its statutory authority to grant a certificate to an administrative law judge.
2. Whether the Board or ALJ denied CARE a fair opportunity to prepare for the hearing by sealing portions of the record and granting only a two-week rather than four-week continuance.
3. Whether CARE could raise in its reply brief an argument favoring use of public lands over acquisition of private property.

Disposition

affirmed