Opinion
No. 76-185
Decided June 16, 1976.
Public utilities — Rates — Public Utilities Commission — Jurisdiction — Review by Court of Common Pleas — Unauthorized — Prohibition — Writ available, when.
IN PROHIBITION.
Relator, a public utility, sought to charge all its natural gas customers increased rates attributable to the higher cost of emergency gas purchases made in the fall of 1975. For authority to charge this additional amount relator refers to certain tariff schedules on file with the Public Utilities Commission of Ohio and to orders of that commission dated April 16, 1974, and April 26, 1974, in case No. 71-757-G, Subfile B.
On February 13, 1976, respondent Judge Kiroff of the Court of Common Pleas of Lucas County granted a temporary order requested by the city of Toledo to restrain relator, from "* * * charging increased rates attributable to * * * costs of emergency gas purchases and * * * rendering * * * such bills to Toledo customers * * *."
On February 20, 1976, respondent Judge Gillie of the Court of Common Pleas of Franklin County granted a temporary order requested by the state of Ohio to restrain relator "* * * from proceeding with the rendering of any bills * * * which contain any charges attributable to the increased cost due [to] the emergency gas purchased" by relator.
On February 23, 1976, relator filed this action seeking to prohibit the respondents, Common Pleas Court judges, from conducting further proceedings in the respective cases, and requiring respondents to dissolve the existing temporary restraining orders, and to dismiss the complaints. The court issued an alternative writ of prohibition on March 2, 1976.
Mr. Wallace R. Barnes, Mr. James L. Fullin, Mr. Thomas J. Brown, Jr., Hayward, Cooper, Straub, Walinski, Cramer Co., L.P.A., Mr. John F. Hayward, Mr. T. Scott Johnston, Messrs. Jones, Day, Reavis Pogue, Mr. Thomas P. Mulligan and Mr. Michael G. Marting, for relator.
Mr. Harry Friberg, prosecuting attorney, Mr. John J. Burkhart, Mr. Joseph Goldberg and Mr. R. Michael Frank, for respondent Judge George N. Kiroff.
Mr. George C. Smith, prosecuting attorney, Mr. William B. Shimp and Mr. Louis E. Evans, for respondent Judge William T. Gillie.
The principal question presented is whether a Court of Common Pleas has jurisdiction to consider the lawfulness of rates being charged by a public utility.
R.C. 4903.12 states "[n]o court other than the Supreme Court shall have power to review, suspend or delay any order made by the Public Utilities Commission * * *."
In State, ex rel. Northern Ohio Telephone Co., v. Winter (1970), 23 Ohio St.2d 6, this court stated in the first paragraph of the syllabus that "[t]he General Assembly, by the enactment of statutory provisions requiring a public utility to file and adhere to rate schedules, * * * has lodged exclusive jurisdiction in such matters in the Public Utilities Commission, subject to review by the Supreme Court."
There being an unauthorized assumption of judicial authority by the respondents, as judges of their respective Common Pleas Courts, for which no adequate remedy at law is shown, a writ of prohibition will issue as requested by relator.
Writ allowed.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.