Office of Consumers' Counsel v. Public Utilities Commission

Once again a majority of this court confirms a company-oriented assault on the test-year concept. See, e.g., Consumers’ Counsel v. Pub. Util. Comm. (1983), 6 Ohio St. 3d 405, 410 (No. 83-1428) (Locher, J., dissenting); Consumers’ Counsel v. Pub. Util. Comm. (1983), 6 Ohio St. 3d 412, 415 (No. 82-1461) (Locher, J., dissenting). Therefore, I must dissent.

In Consumers’ Counsel v. Pub. Util. Comm. (1981), 67 Ohio St. 2d 153, we refused to allow the utility to pass on the cost of cancelled nuclear plants to consumers. “It is our opinion that R.C. 4909.15 (A)(4) is designed to take into account the…