City of Amherst v. Public Utilities Commission

I respectfully dissent for the reason that, in my opinion, the majority misconstrues B. C. 4909.38 and 4909.40, and misreads the holding of this court in Cincinnati v. Pub. Util. Comm. (1948), 149 Ohio St. 570.

On October 10,1974, Ohio Edison Company filed applications for emergency rate relief, pursuant to R. C. 4909.16, with the Public Utilities Commission, in three permanent rate relief cases then pending with the commission. During the pendency of these applications, appellant municipalities passed ordinances fixing rates pursuant to R. C. 743.26. The Ohio Edison Company appealed each such…