Office of Consumers' Counsel v. Public Utilities Commission

There can be no question that the expenditures incurred by Toledo Edison for the cancelled nuclear facilities represent an extraordinary loss which cannot be transformed into an ordinary operating expense recoverable through rates paid by its customers. Consumers’ Counsel, supra (67 Ohio St. 2d), at 164. Our decision in the Cleveland Electric Illuminating rate case applies with equal force to the Toledo Edison rate case, since both involve an attempt by the respective utilities to recoup through rate increases the loss suffered through the cancellation of four nuclear power projects.

This…