Duff v. Public Utilities Commission

Lochee, J.,

dissenting in eases Nos. 77-919, 77-943 and 77-954. The commission’s entry of December 15, 1976, declaring an emergency and temporarily approving the rates of its November 23, 1976, entry is an aberrant and highly pernicious procedure. The issue whether the commission must hold a hearing prior to determining whether an emergency exists is not as simplistic as the majority’s discussion suggests. In most of the previous cases a hearing was held. Akron v. Pub. Util. Comm. (1933), 126 Ohio St. 333; Ohio Manufacturers’ Assn. v. Pub. Util. Comm. (1976), 45 Ohio St. 2d 86; Coalition of…