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PANHANDLE EASTERN PIPE LINE CO. v. PUB. UTIL. COMM.

No. 78-170.

56 Ohio St. 2d 334 (1978)

PANHANDLE EASTERN PIPE LINE COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided December 7, 1978.

Attorney(s) appearing for the Case

Messrs. Squire, Sanders & Dempsey, Mr. Alan C. Buchmann, Mr. George R. Barry, Mr. Mark A. Cusick, Messrs. Laylin & Shawan, Mr. Edward H. Laylin and Mr. David H. Shawan, for appellant.

Mr. William J. Brown, attorney general, Mr. Marvin I. Resnik and Ms. Judith B. Sanders, for appellee.

CELEBREZZE, J.

The sole issue before this court can be phrased as follows: Does the requirement embodied in R. C. 4905.40 through 4905.42, that a public utility may not issue securities with a maturity exceeding one year without first obtaining approval of the Public Utilities Commission, as applied to appellant, violate the Commerce Clause of the United States Constitution by placing an undue burden on interstate commerce?

R. C. 4905.40 prohibits a public...

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