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

Nos. 97-738 and 97-2199.

86 Ohio St.3d 53 (1999)

THE CINCINNATI GAS AND ELECTRIC COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided July 7, 1999.


Attorney(s) appearing for the Case

G. James Van Heyde and James B. Gainer, for appellant.

Betty D. Montgomery, Attorney General, Duane W. Luckey, William L. Wright and Paul A. Colbert, Assistant Attorneys General, for appellee.

Robert S. Tongren, Consumers' Counsel, Werner L. Margard III and Evelyn R. Robinson, Assistant Consumers' Counsel, urging affirmance for amicus curiae Ohio Consumers' Counsel.


PFEIFER, J.

We find that the commission did not abuse its discretion in excluding a portion of the development costs of CG&E's customer service system from its rate base. We find, however, that the commission did act unlawfully in imputing revenue levels for ratemaking purposes that differ significantly from the actual revenue collected from customers during the test period pursuant to contracts previously approved by the commission.

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