CITY OF CANTON v. PUBLIC UTILITIES COMMISSION

Nos. 79-1032 and 79-1033.

63 Ohio St. 2d 76 (1980)

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

Supreme Court of Ohio.

Decided July 9, 1980.


Attorney(s) appearing for the Case

Mr. Keith F. Henley, Mr. John R. Hoffman, Jr., and Mr. Harry E. Klide, law director, for appellants in case No. 79-1032.

Mr. William A. Spratley, consumers' counsel, Mr. Orla E. Collier, Mr. Richard P. Rosenberry and Mr. David M. Neubauer, for appellant in case No. 79-1033.

Mr. William J. Brown, attorney general, Mr. Marvin I. Resnik and Mr. Harris S. Leven, for appellee commission.

Messrs. Squire, Sanders & Dempsey, Mr. Alan P. Buchmann, Mr. Richard W. McLaren, Mr. C. O. Arnebeck, Jr., and Mr. Alan Kessler, for intervening appellee Ohio Power Co.


Per Curiam.

The principal issue presented for resolution is whether the dedicated facilities method used by the commission to allocate rate base property and expenses to Kaiser and Ormet was reasonable and lawful. R. C. 4903.13. Appellants argue that the dedicated facilities or direct assignment approach to allocating rate base property and expenses to Kaiser and Ormet is unreasonable, as this approach is justified...

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