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MONTGOMERY CTY. BD. OF COMMRS. v. PUB. UTIL. COMM.

No. 86-26 and 86-651.

28 Ohio St. 3d 171 (1986)

MONTGOMERY COUNTY BOARD OF COMMISSIONERS, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES. (Two cases.)

Supreme Court of Ohio.

Decided December 30, 1986.

Attorney(s) appearing for the Case

Lee C. Falke, prosecuting attorney, and Janine L. Migden, for appellant in case Nos. 86-26 and 86-651.

Anthony J. Celebrezze, Jr., attorney general, Robert S. Tongren and James B. Gainer, for appellee in case Nos. 86-26 and 86-651.

James J. Mayer, Squire, Sanders & Dempsey, Alan P. Buchmann and Richard W. McLaren, Jr., for intervening appellee Cincinnati Gas & Electric Co. in case No. 86-26.

Edward N. Rizer, for intervening appellee Dayton Power & Light Co. in case No. 86-651.

Bell, Randazzo & Bentine Co., L.P.A., Langdon D. Bell and Judith Brick Sanders, urging reversal for amicus curiae, Industrial Energy Consumers Group, in case No. 86-26.

Andrew Boyko, law director, Stephen P. Bond and James L. Harkins, Jr., urging reversal for amicus curiae, city of Parma, Ohio, in case No. 86-651.

DOUGLAS, J.

Pursuant to its emergency powers under R.C. 4909.16, the PUCO created the PIP plan as a response to growing concern "about the number of residential gas * * * [and] electric customers unable to obtain service as a result of disconnection for nonpayment of bills because of the economic recession, increases in the cost of gas and electric service, and a decrease in the level of governmental assistance * * *." PUCO No. 83-303-GE-COI, supra, at 1. The...

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