CINCINNATI GAS & ELEC. CO. v. PUB. UNTIL. COMM.

No. 92-1744.

67 Ohio St.3d 517 (1993)

CINCINNATI GAS & ELECTRIC COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 3, 1993.


Attorney(s) appearing for the Case

Squire, Sanders & Dempsey, Alan P. Buchmann, Arthur E. Korkosz, Debra J. Horn and Lisa R. Battaglia; James J. Mayer and Michael A Gribler, for appellant.

Lee I. Fisher, Attorney General, James B. Gainer, Duane W. Luckey, Thomas W. McNamee, Kaye Pfister Willi, Jeffrey D. Van Niel and Paul A Colbert, Assistant Attorneys General, for appellee.

Barry Cohen, Interim Consumers' Counsel, Richard W. Pace, Sr., Evelyn R. Robinson-McGriff and Barry Cohen, Associate Consumers' Counsel, for intervening appellee Office of Consumers' Counsel.

Bell, Royer & Sanders Co., L.P.A., Langdon D. Bell and Barth E. Royer, for intervening appellee Industrial Energy Consumers.

Boehm, Kurtz, & Lowry and David F. Boehm, for intervening appellees Armco Steel Company, L.P. and Air Products & Chemicals Corporation.

Beckman, Weil, Shephardson & Faller and Richard M. Hopple; Lee I. Fisher, Attorney General, and Sidney Weil, Special Counsel, for intervening appellee University of Cincinnati.

Millikin & Fitton Law Firm and James E. Michael; Lee I. Fisher, Attorney General, and James S. Irwin, Special Counsel, for intervening appellee Miami University.

Fay D. Dupuis, City Solicitor, and Richard Ganulin, Assistant City Solicitor, for intervening appellee city of Cincinnati.


MOYER, C.J.

CG&E raises four propositions of law: (1) the commission is without statutory authority to phase in the gross annual revenue increase to which the commission found CG&E entitled under R.C. 4909.15(B); (2) assuming the commission has such phase-in authority, the phase-in plan ordered in this proceeding is unlawful in that it authorizes a post-date-certain adjustment to the Zimmer rate base in violation of R.C. 4909.15(A)(1); (3) the disallowances...

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