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GENERAL TELEPHONE CO. v. PUBLIC UTILITIES COMMISSION OF OHIO

No. 71-712.

30 Ohio St. 2d 271 (1972)

GENERAL TELEPHONE CO. OF OHIO, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided June 21, 1972.

Attorney(s) appearing for the Case

Messrs. Power, Jones & Schneider and Mr. John Robert Jones, for appellant.

Mr. William J. Brown, attorney general, and Mr. Thomas P. Michael, for appellee Public Utilities Commission.

Messrs. Steer, Strauss, White & Tobias and Mr. Theodore K. High, for intervener-appellees.

STERN, J.

Appellant contends that the commission erred in computing the rate of return to which it is entitled, in that (1) the commission determined the dollar amount of return prior to determining the rate of return, and (2) that such determination was based on the actual capitalization of the utility rather than the statutory rate base.

This court, in Cleveland v. Pub. Util. Comm. (1956),

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