Ohio Supreme Court to look at petition drive affecting Davis-Besse

SANDUSKY — Court battles over the fate of the Davis-Besse nuclear power plant won't go away anytime soon.On Christmas Eve, the Ohio Supreme Court announced it would decide whether a group seeking a state question to roll back a subsidy for Ohio's two nuclear power plants should have had additional days to circulate its petition.Ohioans Against Corporate Bailouts, a group opposing House Bill 6, the state law that saved much of the state's pollution-free energy production and hundreds of jobs, had circulated a petition seeking a state question in 2020 to repeal the law.When the group failed to gather enough signatures, it cried foul, claiming it had been deprived of the full 90 days to circulate its petitions. The group contends it deserves an additional 38 days because those days were used up satisfying the attorney general's office that its petition summary was accurate.The group sought additional days in a federal lawsuit, but the federal judge asked the Ohio Supreme Court to consider answering questions about the legal issues involved in state law and the state constitution.On Tuesday, Ohio Chief Justice Maureen O'Connor announced the court would consider the questions, including whether a group circulating a petition for a state question is guaranteed a full 90 days and whether that can be affected by the petition circulator's own errors.The lawsuit pits Ohioans Against Corporate Bailouts against Secretary of State Frank LaRose. O'Connor ordered Ohioans Against Corporate Bailouts to submit a brief within 40 days.Carlo LoParo, a spokesman for Ohioans for Energy Security, a group which supports Ohio's two nuclear power plants, said Ohio did nothing wrong in how the petition drive was handled and said Ohio had followed the same rules for many years."We agree with the Secretary of State that Ohio's long-standing referendum procedures are constitutional, and look forward to supporting this position with the court," he said.Other groups involved in the legal dispute did not immediately respond to the Register's requests for comment during the Christmas holiday season.The Davis-Besse Nuclear Power Plant on Wednesday, May 8, 2019.