Opinion

City of Cleveland v. Public Utilities Commission

  • 63 Ohio St. 2d 62
  • 17 Ohio Op. 3d 37
  • 406 N.E.2d 1370
  • 1980 Ohio LEXIS 773
Court
Ohio Supreme Court
Filed
Jul 9, 1980
Status
Published
Author
Locher
On the bench
Brown, Celebrezze, Ene, Herbert, Holmes, Locher
Cited by
22 cases
Authority
More cited than 15.1%

“Since utilities must anticipate load growth years in advance to maintain adequate capacity to ensure reliable service, it is unrealistic to expect a utility to have only the precise amount of capacity needed at any given time”

How later courts described this case

  • “Since utilities must anticipate load growth years in advance to maintain adequate capacity to ensure reliable service, it is unrealistic to expect a utility to have only the precise amount of capacity needed at any given time”

Written by the judges who cited it.

The opinion

Locher, J.,

concurring in part and dissenting in part.

Today’s decision, regarding advertising expenses and charitable contributions, is a step forward in the regulation of public utilities in order that they operate for the direct and primary benefit of consumers. I have filed dissenting opinions in numerous public utility cases before this court. See, e.g., Duff Truck Line v. Pub. Util. Comm. (1977), 51 Ohio St. 2d 4, 9 ; Franklin Co. Welfare Rights Org. v. Pub. Util. Comm. (1978), 55 Ohio St. 2d 1, 16 ; Akron v. Pub. Util. Comm. (1978), 55 Ohio St. 2d 155, 162 ; Cincinnati v. Pub. Util. Comm. (1978), 55 Ohio St. 2d 168, 177 ; Columbus v. Pub. Util. Comm. (1979), 58 Ohio St. 2d 103, 106 . This is due to my concern that a utility company “is a quasi-public corporation and has possessed a virtual monopoly***. The public interest increases with a monopoly, for, as such, its actions are not regulated by the strictures of the market place.” Central State University v. Pub. Util. Comm. (1977), 50 Ohio St. 2d 175, 180 (Locher, J., dissenting). The commission, the General Assembly, and this court must make certain that a utility company is properly regulated for the primary benefit of consumers.

For the reasons set out in my dissent in Consumers’ Counsel v. Pub. Util. Comm. (1979), 58 Ohio St. 2d 108, 117 , 1 must respectfully dissent from that portion of the majority *76 opinion labeled section III A, dealing with construction work in progress (CWIP).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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