CLEVELAND ELEC. ILLUM. CO. v. PUB. UTIL. COMM.

No. 82-989.

4 Ohio St. 3d 107 (1983)

CLEVELAND ELECTRIC ILLUMINATING COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 13, 1983.


Attorney(s) appearing for the Case

Mr. Alan D. Wright, Mr. Craig I. Smith, Messrs. Squire, Sanders & Dempsey, Mr. Alan P. Buchmann and Mr. Richard W. McLaren, Jr., for appellant.

Mr. Anthony J. Celebrezze, Jr., attorney general, Mr. Marvin I. Resnik, Ms. Marsha R. Schermer and Mr. Harris S. Leven, for appellee Public Utilities Commission.

Mr. William A. Spratley, consumers' counsel, and Mr. Martin J. Marz, for intervening appellee Office of Consumers' Counsel.


Per Curiam.

In the present appeal, CEI advances three propositions of law. First, CEI urges this court to re-examine its holding in Consumers' Counsel, supra; second, CEI challenges the constitutionality of R.C. 4909.15(A)(4); and third, CEI contests the adequacy of the commission's opinion and order.

The question whether the expenditures associated with the four terminated nuclear generating stations may be included in test year expenses as...

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