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OFFICE OF CONSUMERS' COUNSEL v. P. U. C.

No. 78-1238.

58 Ohio St. 2d 449 (1979)

OFFICE OF CONSUMERS' COUNSEL, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 27, 1979.

Attorney(s) appearing for the Case

Mr. William A. Spratley, consumers' counsel, Mr. John Parks Hopkins and Mr. Edward A. Harter, for appellant.

Mr. William J. Brown, attorney general, Mr. Marvin I. Resnik and Mr. Mark C. Sholander, for appellee Public Utilities Commission of Ohio.

Messrs. Fuller, Henry, Hodge & Snyder, Mr. Paul M. Smart and Mr. Fred J. Lange, Jr., for intervenor-appellee Toledo Edison Co.

Per Curiam.

The threshold question posed for resolution in this cause is whether the determination of the commission, which found Unit No. 1 of the Davis-Besse nuclear generating facility used and useful, as of the date certain, in rendering the utility service for which rates are to be charged, was unlawful or unreasonable. R. C. 4903.13.

Appellant contends that the commission improperly included Unit No. 1 in the valuation of Toledo Edison's rate...

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