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UNION RURAL ELEC. COOP., INC. v. PUB. UTIL. COMM.

No. 89-794.

52 Ohio St. 3d 78 (1990)

UNION RURAL ELECTRIC COOPERATIVE, INC., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 20, 1990.

Attorney(s) appearing for the Case

Thompson, Hine & Flory, Robert P. Mone, William R. Case and Thomas E. Lodge, for appellant.

Anthony J. Celebrezze, Jr., attorney general, Robert S. Tongren and Anne L. Hammerstein, for appellee.

Faruki Gilliam & Ireland, D. Jeffrey Ireland and David A. Shough, for intervening appellee Dayton Power & Light Co.

Vorys, Sater, Seymour & Pease, Mary Ellen Fairfield, Carole A. Mitchell and Robert N. Webner, for intervening appellee Honda of America Mfg., Inc.

Per Curiam.

The primary issue in this appeal is whether the commission properly construed the phrase "electric consuming facilities" as set forth in R.C. 4933.81(E). We answer in the affirmative and affirm the order of the commission.

R.C. 4933.83(A) provides, in part:

"Except as otherwise provided in this section and Article XVIII of the Ohio Constitution, each electric supplier shall have the exclusive right to furnish electric service to...

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