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STEBBINS v. PUBLIC UTILITIES COMMISSION

No. 79-1622.

62 Ohio St. 2d 431 (1980)

STEBBINS ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 25, 1980.

Attorney(s) appearing for the Case

Messrs. Oberholtzer, Filous & Chase and Mr. Dale H. Chase, for appellant Coalition for Safe Electric Power. Ms. Evelyn Stebbins, pro se.

Mr. William J. Brown, attorney general, Mr. Marvin I. Resnik and Ms. Jane L. Miller, for appellee Public Utilities Commission.

Messrs. Squire, Sanders & Dempsey, Mr. Alan D. Wright, Mr. Craig I. Smith, Mr. Alan P. Buchmann and Mr. Kevin T. Duffy, for intervening appellee Cleveland Electric Illuminating Co.

Messrs. Fuller, Henry, Hodge & Snyder and Mr. Paul M. Smart, for intervening appellee Toledo Edison Co.

Mr. Thomas A. Kayuha, for intervening appellee Ohio Edison Co.

Per Curiam.

The sole issue presented for decision is whether R. C. 4905.48 requires the utilities herein to obtain the consent and approval of the commission prior to entering into the subject agreements. R. C. 4905.48, as pertinent herein, provides that:

"With consent and approval of the public utilities commission:

"(A) Any two or more public utilities furnishing a like service or product and doing business in the same municipal corporation...

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