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PIQUA v. PUB. UTIL. COMM.

No. 74-264.

40 Ohio St. 2d 87 (1974)

CITY OF PIQUA, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 18, 1974.

Attorney(s) appearing for the Case

Mr. L. Craig Hallows, director of law, for appellant.

Mr. William J. Brown, attorney general, Mr. Keith F. Henley and Mrs. Cheryl H. Keith, for appellee Public Utilities Commission.

Mr. J. R. Newlin, Mr. W. E. Herron and Mr. S. F. Koziar, for appellee Dayton Power and Light Company.

WILLIAM B. BROWN, J.

The question presented is whether a municipally owned or operated public utility may utilize the provisions of R. C. 4905.261 to protest an alleged duplication of service by another public utility.

R. C. 4905.261, in pertinent part, reads:

"Whenever a public utility proposes to furnish or furnishes electric energy to a consumer and which consumer is being furnished or was being furnished electric energy by another public utility...

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