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CITY OF COLUMBUS v. PUB. UTIL. COMM.

No. 90-1575.

62 Ohio St.3d 430 (1992)

CITY OF COLUMBUS, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided February 5, 1992.

Attorney(s) appearing for the Case

Ronald J. O'Brien, City Attorney, and John C. Klein, for appellant.

Lee I. Fisher, Attorney General, James B. Gainer and Duane W. Luckey, for appellee.

Kerry Bruce, for intervening appellee, city of Toledo.

William A. Spratley, Consumers' Counsel, Joseph P. Serio and Evelyn R. Robinson-McGriff, for intervening appellee, Office of Consumers' Counsel.

Per Curiam.

Columbus claims that the commission acted unlawfully by failing to follow R.C. 4909.34, 4909.38, 4909.39 and 4909.15. We agree and reverse in part and remand.

In PUCO No. 84-67-GA-AIR, the commission fixed Columbia's rates on a regional basis finding regional rates to be preferable to Columbia's historic rate-making policy, which involved negotiating ordinance contracts with the numerous individual municipalities within Columbia's entire...

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