Legal Opinion

Cincinnati Bell Telephone Co. v. Public Utilities Commission

Ohio Supreme Court

Decided July 25, 1984No. Nos. 83-392, 83-733 and 83-1595PublishedCited by 15 opinions

1Per curiam

Case No. 83-392

In its first three propositions of law, CBT challenges the validity of the commission’s March 9, 1983 entry on rehearing whereby CBT was ordered to establish whole life depreciation schedules. CBT maintains that the right of state public utilities commissions to prescribe their own depreciation rates for intrastate ratemaking purposes was preempted by the FCC on January 6, 1983. On that date, the FCC released a memorandum opinion and order in In re Amendment of Part 31, 92 F.C.C. 2d 864, which reads in pertinent part as follows:

“The question presented in the reconsideration…

2Cases cited12 opinions

  1. State Corporation Comm'n of Kan. v. Wichita Gas Co.Supreme Court of the United States · 1934
  2. Cleveland Electric Illuminating Co. v. Public Utilities CommissionOhio Supreme Court · 1975
  3. Superior's Brand Meats, Inc. v. LindleyOhio Supreme Court · 1980
  4. City of Cincinnati v. Public Utilities CommissionOhio Supreme Court · 1949
  5. Travis v. Public Utilities CommissionOhio Supreme Court · 1931

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3Cited by15 opinions

  1. Salt Lake Citizens Congress v. Mountain States Telephone & Telegraph Co.Utah Supreme Court · 1992
  2. Ohio Edison Co. v. Public Utilities CommissionOhio Supreme Court · 1992
  3. Office of Consumers' Counsel v. Public Utilities CommissionOhio Supreme Court · 1994
  4. Colorado Office of Consumer Counsel v. Public Utilities CommissionSupreme Court of Colorado · 1990
  5. Columbus Southern Power Co. v. Public Utilities CommissionOhio Supreme Court · 1993

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