OFFICE OF CONSUMERS' COUNSEL v. PUB. UTIL. COMM.

No. 93-1710.

70 Ohio St.3d 244 (1994)

OFFICE OF CONSUMERS' COUNSEL, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided September 14, 1994.


Attorney(s) appearing for the Case

Robert S. Tongren, Consumers' Counsel, David C. Bergmann and Andrea M. Kelsey, Associate Consumers' Counsel, for appellant.

Lee Fisher, Attorney General, James B. Gainer and Ann E. Henkener, Assistant Attorneys General, for appellee.

J. Raymond Prohaska, for intervening appellee McClure Telephone Company.


Per Curiam.

We affirm the commission's order for the following reasons.

In its first proposition of law, OCC argues that the commission was without authority to adopt the alternative regulatory requirements on its own initiative, citing the language of R.C. 4927.04(B), which provides that alternative regulations may be established "[u]pon the application of any telephone company having fewer than fifteen thousand access lines." (Emphasis added...

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