Ohio Manufacturers' Ass'n v. Public Utilities Commission

The determinative question presented is whether the Public Utilities Commission may authorize a public utility to levy a monetary penalty against its consumers.

The commission’s position is stated in the following portion of an order , which denied a rehearing to Dayton Flexible Prpducts Division of Baxter Laboratories in the instant matter:

• “* * * While that statute [R. C. 4909.161] does not specifically state that.the commission shall have the authority to levy penalties for consumption overruns or to delegate that authority* it seems repugnant to the. spirit and purpose of that provision…