O'BRIEN v. COLUMBUS S. POWER CO.

No. 92AP-167 and 92AP-169.

73 Ohio App.3d 355 (1992)

O'BRIEN, City Attorney, et al., Appellees and Cross-Appellants, v. COLUMBUS SOUTHERN POWER COMPANY et al., Appellants and Cross-Appellees.

Court of Appeals of Ohio, Franklin County.

Decided March 24, 1992.


Attorney(s) appearing for the Case

Ronald J. O'Brien, City Attorney; Chester, Hoffman, Willcox & Saxbe and

John W. Bentine; Emens, Hurd, Kegler & Ritter, Richard P. Rosenberry and Samuel C. Randazzo, for appellees and cross-appellants city of Columbus and Marvin E. Rothhaar.

William A. Spratley, Consumers' Counsel, and David C. Bergmann, for appellee and cross-appellant Ohio Consumers' Counsel.

Porter, Wright, Morris & Arthur, Samuel H. Porter, Kathleen McManus Trafford and Margaret A. Mattimoe; Edward J. Brady and Marvin I. Resnik, for appellant and cross-appellee Columbus Southern Power Company.

Lee I. Fisher, Attorney General, and Nancy J. Miller, for appellants and cross-appellees state of Ohio and Ohio Attorney General.

David L. Pemberton, for amicus curiae Ohio Gas Association.

Fuller & Henry, Louis E. Tosi and Michael E. Born, for amicus curiae Ohio Electric Utility Institute.

Schneider & Prohaska and J. Raymond Prohaska, for amicus curiae Ohio Telephone Association.


TYACK, Judge.

On April 2, 1991, Columbus Southern Power Company ("Columbus Southern") filed an application with the Public Utilities Commission of Ohio ("PUCO") requesting a significant increase in the rates Columbus Southern charges its customers for electrical service. When the better part of two hundred seventy-five days had elapsed, Columbus Southern filed with PUCO an undertaking, pursuant to R.C. 4909.42, with the intention that as of the two hundred seventy...

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