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CITY OF CLEVELAND v. PUB. UTIL. COMM.

Nos. 81-1792 and 81-1817.

70 Ohio St. 2d 290 (1982)

CITY OF CLEVELAND, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES. CITIES OF AKRON, CANTON AND CUYAHOGA FALLS, OHIO, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 30, 1982.

Attorney(s) appearing for the Case

Mr. Richard M. Fanelly, for appellant cities of Akron, Canton and Cuyahoga Falls.

Mr. James E. Young, director of law, Mr. James L. Harkins, Jr. and Mr. Craig A. Glazer, for appellant city of Cleveland. Mr. William J. Brown, attorney general, Mr. Marvin I. Resnik and Mr. Harris S. Leven, for appellee.

Messrs. Jones, Day, Reavis & Pogue, Mr. Paul T. Ruxin, Mr. Richard D. Avil, Jr., and Mr. Charles M. Kennedy, for intervening appellee.

Per Curiam.

Ohio Adm. Code 4901: 1-18-04 provides, in part:

"(B) The company shall provide an optional uniform payment plan (budget plan) on an annual basis for any customer who is not in default on a previously agreed upon extended payment plan. Arrearages need not be included in the optional uniform payment plan (budget plan)."

Pursuant to the mandate established by the foregoing administrative rule, East Ohio has adopted a budget billing...

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