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DAYTON v. P. U. C. O.

Nos. 37110, 37111 and 37112.

174 Ohio St. 160 (1962)

CITY OF DAYTON, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. THE DAYTON POWER & LIGHT CO., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. (Two cases.)

Supreme Court of Ohio.

Decided December 28, 1962.

Attorney(s) appearing for the Case

Mr. Herbert S. Beane, city attorney, Mr. Robert J. White, Messrs. Steer, Strauss & Adair and Mr. James J. Ryan, for the city of Dayton.

Mr. Julian De Bruyn Kops, Mr. J. R. Newlin, Messrs. Squire, Sanders & Dempsey, Mr. John Lansdale, Jr., and Mr. Alan P. Buchmann, for The Dayton Power & Light Company.

Mr. Mark McElroy, attorney general, Mr. Andrew R. Sarisky and Mr. Herbert T. Maher, for appellee, Public Utilities Commission.

Per Curiam.

Is the annual rate of return of 5.4 per cent allowed by a majority of the Public Utilities Commission unreasonable or unlawful as contended by both the city and the company, each, of course, for different reasons?

The city still insists that the ordinance rate of 3.6 per cent is reasonable and lawful while the company wants a minimum rate of 6.3 per cent per annum.

The majority of the commission rendered the following ultimate findings...

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