Office of Consumers' Counsel v. Public Utilities Commission

The threshold question posed for resolution in this cause is whether the determination of the commission, which found Unit No. 1 of the Davis-Besse nuclear generating facility used and useful, as of the date certain, in rendering the utility service for which rates are to be charged, was unlawful or unreasonable. R. C. 4903.13.

Appellant contends that the commission improperly included Unit No. 1 in the valuation of Toledo Edison’s rate base when the evidence demonstrates that the unit, as of the date certain, was not "‘used or useful” in providing service to the jurisdictional ratepayers of…