Cincinnati Gas & Electric Co. v. Public Utilities Commission

CG&E raises four propositions of law: (1) the commission is without statutory authority to phase in the gross annual revenue increase to which the commission found CG&E entitled under R.C. 4909.15(B); (2) assuming the commission has such phase-in authority, the phase-in plan ordered in this proceeding is unlawful in that it authorizes a post-date-certain adjustment to the Zimmer rate base in violation of R.C. 4909.15(A)(1); (3) the disallowances related to AFUDC, nuclear fuel, and nuclear wind-down costs violate a prior stipulation approved by the commission; and (4) the commission erred in…