IN RE APPLICATIONS OF COLUMBUS & SOUTHERN OHIO ELECTRIC CO. v. PUBLIC UTILITIES COMMISSION

No. 75-611.

45 Ohio St. 2d 151 (1976)

IN RE APPLICATIONS OF COLUMBUS & SOUTHERN OHIO ELECTRIC CO. FOR RATE INCREASE: COALITION OF CONCERNED UTILITY USERS OF CENTRAL OHIO, APPELLANT. v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 18, 1976.


Attorney(s) appearing for the Case

Mr. Edward A. Harter and Mr. Thomas Sweeney, for appellant.

Mr. William J. Brown, attorney general, Mr. Charles S. Raivlings and Mr. Robert T. Maison, for appellee Public Utilities Commission.

Messrs. Porter, Stanley, Platt & Arthur, Mr. Samuel H.Porter and Mr. John T. Billick, for appellee Columbus & Southern Ohio Electric Company.


Per Curiam.

The first question raised by appellant is that the declaration of the existence of a present emergency by the commission exceeded its jurisdiction under R. C. 4909.16 because of "clear and convincing evidence that the company can meet its expenses, continue its construction program and otherwise meet its immediate statutory obligation to provide service to the public without any rate relief.''

The emergency rate relief granted by the commission...

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