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TOLEDO EDISON CO. v. P.U.C.

No. 83-840.

12 Ohio St. 3d 143 (1984)

TOLEDO EDISON CO., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 18, 1984.

Attorney(s) appearing for the Case

Messrs. Fuller & Henry, Mr. Paul M. Smart, Mr. Fred J. Lange and Mr. Stephen B. Mosier, for appellant.

Mr. Anthony J. Celebrezze, Jr., attorney general, Mr. Robert S. Tongren and Mr. Joseph P. Cowin, for appellee.

Mr. William A. Spratley, consumers' counsel, and Mr. Bruce J. Weston, for intervening appellee.

Per Curiam.

R.C. 4909.15(D) requires the commission to fix and determine a just and reasonable rate:

"(2) With due regard to all such other matters as are proper, according to the facts in each case,

"(a) Including a fair and reasonable rate of return determined by the commission with reference to a cost of debt equal to the actual embedded cost of debt of such public utility."

In its...

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