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CONSUMERS' COUNSEL v. PUB. UTIL. COMM.

No. 82-1428.

6 Ohio St. 3d 405 (1983)

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

Supreme Court of Ohio.

Decided August 31, 1983.

Attorney(s) appearing for the Case

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

Mr. Anthony J. Celebrezze, Jr., attorney general, Mr. Harris S. Leven and Ms. Marsha R. Schermer, for appellee.

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

Per Curiam.

This appeal presents two issues for our consideration. The first is whether the commission unlawfully or unreasonably provided Toledo Edison with an additional quartile increment in its cost of common equity based on the perceived increased risk to investors occasioned by CEI. The second issue is whether the commission's continued amortization of the depreciation reserve deficiency violated R.C. 4909.15.

The first question is controlled...

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