City of Piqua v. Public Utilities Commission

William: B. BbowN, J.

The question presented is whether a municipally owned or operated public utility may utilize the provisions of B. C. 4905.261 to protest an alleged duplication of service by another public utility.

B. C. 4905.261, in pertinent part, reads:

‘ ‘ Whenever a public utility proposes to furnish or furnishes electric energy to a consumer and which consumer is being furnished or was being furnished electric energy by another public utility, the latter public utility may file a complaint with the Public Utilities Commission protesting the furnishing of service by the other public…