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

No. 85-1017.

24 Ohio St. 3d 135 (1986)

CLEVELAND ELECTRIC ILLUMINATING COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided June 25, 1986.

Attorney(s) appearing for the Case

Squire, Sanders & Dempsey, Alan P. Buchmann, Arthur E. Korkosz and Charles R. McElwee II, for appellant.

Anthony J. Celebrezze, Jr., attorney general, Robert S. Tongren and Duane W. Luckey, for appellee.

William A. Spratley, consumers' counsel, Beth Ann Burns and Richard P. Rosenberry, for intervening appellee Office of Consumers' Counsel.

Hahn, Loeser, Freedheim, Dean & Wellman, Craig A. Glazer, John D. Maddox, director of law, and William M. Ondrey Gruber, for intervening appellee city of Cleveland.

Per Curiam.

I

The first issue before us is whether the company is entitled to recover the payment of an increased excise tax levy made after November 15, 1981 pursuant to legislative enactment Am. Sub. H. B. No. 694, effective May 1, 1981. This legislation increased the excise tax rate on gross receipts for public utilities in three ways. First, the permanent tax rate was increased from 4 percent to 4.25 percent. Second, a temporary one-year tax increase...

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