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OFFICE OF CONSUMERS' COUNSEL v. PUB. UTIL. COMM. OF OHIO

No. 80-747.

66 Ohio St. 2d 162 (1981)

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

Supreme Court of Ohio.

Decided May 13, 1981.

Attorney(s) appearing for the Case

Mr. William A. Spratley, consumers' counsel, and Mr. Richard P. Rosenberry, for appellant.

Mr. William J. Brown, attorney general, Mr. Marvin I. Resnik and Mr. James R. Bacha, for appellee.

Ms. Frances McGovern, Mr. Anthony J. Alexander and Mr. Michael A. Gribler, for intervening appellee, Ohio Edison Company.

Per Curiam.

R. C. 4909.15(A)(1) authorizes the commission to include in a utility's rate base a reasonable allowance for CWIP. The pertinent part of R. C. 4909.15 reads:

"(A) The public utilities commission, when fixing and determining just and reasonable rates, fares, tolls, rentals, and charges shall determine:

"(1) The valuation as of the date certain of the property of the public utility used and useful in rendering the public utility

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