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OHIO EDISON CO. v. PUB. UTIL. COMM.

No. 95-2575.

78 Ohio St.3d 466 (1997)

OHIO EDISON COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 21, 1997.

Attorney(s) appearing for the Case

James W. Burk, Michael R. Beiting and Anthony J. Alexander, Roetzel & Andress Co., L.P.A., and George W. Rooney, Jr., for appellant.

Betty D. Montgomery, Attorney General, Duane W. Luckey, William L. Wright, Thomas W. McNamee and Paul A Colbert, Assistant Attorneys General, for appellee, Public Utilities Commission of Ohio.

Vorys, Sater, Seymour & Pease and John Winship Read, for intervening appellee, Youngstown Thermal, Limited Partnership.

Kaufman & Cumberland and Frank J. Cumberland, urging affirmance for amicus curiae, AT&T Communications of Ohio, Inc.

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

LUNDBERG STRATTON, J.

Appellant poses numerous propositions of law arguing that the commission erred in its interpretation of R.C. 4905.34 and overstepped its authority in finding that Ohio Edison violated R.C. 4905.33. Each party also filed supplemental briefs on the two questions that we raised sua sponte: "Did the commission find that R.C. 4905.34 applies in the case at bar?" and "Does R.C. 4905.34 apply in a case involving a competitive bidding situation...

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