OFFICE OF CONSUMERS' COUNSEL v. PUB. UTIL COMM

No. 81-1862.

1 Ohio St. 3d 22 (1982)

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

Supreme Court of Ohio.

Decided July 14, 1982.


Attorney(s) appearing for the Case

Mr. William A. Spratley, consumers' counsel, Mr. Timothy C. Jochim, Ms. Margaret A. Samuels and Mr. Bruce J. Weston, for appellant.

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

Messrs. Fuller & Henry, Mr. Paul M. Smart and Mr. Fred J. Lange, Jr., for intervening appellees.


Per Curiam.

There can be no question that the expenditures incurred by Toledo Edison for the cancelled nuclear facilities represent an extraordinary loss which cannot be transformed into an ordinary operating expense recoverable through rates paid by its customers. Consumers' Counsel, supra (67 Ohio St. 2d), at 164. Our decision in the Cleveland Electric Illuminating rate case applies with equal force to the Toledo Edison rate case, since both involve...

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