Mohawk Utilities, Inc. v. Public Utilities Commission

The commission, in its opinion and order, concluded that:

“(5) The recent decision of the Ohio Supreme Court in Forest Hills Util. Co. v. Pub. Util. Comm. (1972), 31 Ohio St. 2d 46, decided July 12, 1972, is dispositive of the issues in the instant case.

“ (6) Under the holding of the Ohio Supreme Court in the Forest Hills case, respondents so-called ‘available for use’ charge is unreasonable and unlawful.”

Those conclusions of the commission were based upon an erroneous reading of our holding in Forest Hills. There, we were reviewing an order of the commission, wherein it resolved a dispute…