Office of Consumers' Counsel v. Public Utilities Commission

I concur in the holding of the majority that certain “noncash” items can properly be included in the cash working capital allowance contemplated by R.C. 4909.15(A)(1) based upon our decision in Consumers’ Counsel v. Pub. Util. Comm. (1986), 25 Ohio St. 3d 213, 25 *272OBR 275, 495 N.E. 2d 930.1 concur in judgment only with respect to the issues concerning interstate revenue, excise taxes, and billing practices. Otherwise, I dissent.

I cannot agree with the majority that the PUCO did not err in failing to deduct customer-provided working capital from the rate base of the companies involved herein.…