State ex rel. Utilities Commission v. Carolina Forest Utilities, Inc.

CAMPBELL, Judge.

In its final order the Utilities Commission relied heavily on Forest Hills Util. Co. v. Pub. Util. Comm. of Ohio, 31 Ohio St. 2d 46, 285 N.E. 2d 702 (1972), which held that the Ohio Utilities Commission had no statutory authority to impose “availability charges” and which was conceded to be the only available appellate decision on availability charges. However, in Mohawk Utilities v. Pub. Util. Comm. of Ohio, 87 Ohio St. 2d 47, 307 N.E. 2d 261 (1974), the Supreme Court of Ohio spoke directly to the use of availability charges in a recreational subdivision and distinguished the…