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CLEVELAND ELEC. ILLUM. CO. v. PUB. UTIL. COMM'N

No. 95-2444.

76 Ohio St.3d 521 (1996)

CLEVELAND ELECTRIC ILLUMINATING COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 21, 1996.

Attorney(s) appearing for the Case

Jones, Day, Reavis & Pogue, Paul T. Ruxin and Helen L. Liebman, for appellant, Cleveland Electric Illuminating Company.

Betty D. Montgomery, Attorney General, Duane W. Luckey and Steven T. Nourse, Assistant Attorneys General, for appellee, Public Utilities Commission.

Bell, Royer & Sanders Co., L.P.A., and Barth E. Royer, for intervening appellee Medical Center Company.

Edward J. Brady, Marvin I. Resnik and Kevin F. Duffy, for intervening appellee Ohio Power Company.

Chester, Willcox & Saxbe, John W. Bentine and Jeffery L. Small, urging affirmance for amicus curiae, American Municipal Power-Ohio, Inc.

Climaco, Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A., John R. Climaco, Anthony J. Garofoli, Glenn S. Krassen and Joseph M. Hegedus, urging affirmance for amicus curiae, city of Cleveland.

STRATTON, J.

The issue to be decided today is, in determining a motion to dismiss a complaint before the commission alleging a violation of the Certified Territory Act, can the commission look beyond two individual contracts, over which the commission admittedly has no jurisdiction, to determine whether the totality of the evidence alleges a potential violation of the Certified Territory Act?

Our review of this issue is a question of law. Accordingly, we address...

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