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CITY OF CINCINNATI v. PUB. UTIL. COMM.

No. 91-1652.

64 Ohio St.3d 279 (1992)

CITY OF CINCINNATI, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 12, 1992.

Attorney(s) appearing for the Case

Fay D. Dupuis, City Solicitor, James F. McCarthy III, Mark S. Yurick, William M. Gustavson and Richard Ganulin, for appellant city of Cincinnati.

Lee I. Fisher, Attorney General, James B. Gainer, Duane W. Luckey and Jeffrey D. Van Niel, for appellee Public Utilities Commission of Ohio.

James J. Mayer and Michael A. Gribler; Squire, Sanders & Dempsey, Alan P. Buchmann, Arthur E. Korkosz and Debra J. Horn, for intervening appellee Cincinnati Gas & Electric Company.

Marvin I. Resnik and James R. Bacha; Porter, Wright, Morris & Arthur, Samuel H. Porter, Kathleen M. Trafford and Daniel R. Conway, for intervening appellee Columbus Southern Power Company.

Stephen F, Koziar, Jr.; Faruki, Gilliam & Ireland, Charles J. Faruki and Paul L. Horstman, for intervening appellee Dayton Power & Light Company.

Per Curiam.

We begin our review of this proceeding under the assumption, made by the commission below, that former chairman Chema engaged in improper ex parte communications with the utilities' CEOs.4 The issue presented is whether the former chairman's assumed conduct would warrant vacation of the order in PUCO No. 84-1187-EL-UNC.

The city argues that improper ex...

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