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OHIO EDISON COMPANY v. POWER SITING COMMISSION

No. 78-41.

56 Ohio St. 2d 212 (1978)

OHIO EDISON COMPANY, APPELLANT, v. POWER SITING COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided December 6, 1978.

Attorney(s) appearing for the Case

Mr. Thomas A. Kayuka, for appellant.

Mr. William J. Brown, attorney general, Ms. Colleen K. Nissl and Mr. Andrew C. Meko, for appellee.

WILLIAM B. BROWN, J.

Two issues are raised by the instant cause. The first is whether, under R. C. 4906.10(A) (3), the commission may deny a Certificate of Environmental Compatibility and Public Need solely on the grounds that the utility's expansion plans will have a greater than minimum adverse impact on recreational facilities. The second is whether, in the instant cause, the commission's order, promulgated pursuant to Rule 4906-15-05(F)(2), Ohio Adm. Code, impairs...

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