Cleveland Electric Illuminating Co. v. Public Utilities Commission

In the present appeal, CEI advances three propositions of law. First, CEI urges this court to re-examine its holding in Consumers’ Counsel, supra; second, CEI challenges the constitutionality of R.C. 4909.15(A)(4); and third, CEI contests the adequacy of the commission’s opinion and order.

The question whether the expenditures associated with the four terminated nuclear generating stations may be included in test year expenses as allowable operating expenses was addressed by this court in Consumers’ Counsel, supra. In that case we held in the syllabus that:

“The Public Utilities Commission’s…