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Steubenville v. Pub. Util. Comm

Supreme Court of Ohio
Dec 3, 1975
44 Ohio St. 2d 107 (Ohio 1975)

Opinion

Nos. 75-491 and 75-492

Decided December 3, 1975.

Public Utilities Commission — Application for rate increase — Determination of allocating purchasing costs — Order reasonable and lawful, when.

APPEALS from the Public Utilities Commission.

On December 21, 1972, Columbia Gas of Ohio, Inc., filed applications with the Public Utilities Commission of Ohio to increase rates for its natural gas service in Steubenville and Whitehall. Subsequently, the commission's staff issued its Secretary's Report of Investigation in both cases, as required by R.C. 4909.19. The staff disagreed with Columbia's method of allocating the cost of purchasing gas for resale — a method employed by Columbia and approved by the commission for at least the last ten years. The commission then conducted hearings on the applications and objections to the staff reports.

On February 20, 1975, the commission, after a full discussion of the evidence, decided to continue use of applicant's methodology and issued orders authorizing increased rates

Appeals from those orders were filed in this court by the cities of Steubenville and Whitehall, and are consolidated herein for the purpose of review.

Messrs. Muldoon, Pemberton Ferris, Mr. David L. Pemberton, Mr. John J. Mascio, city solicitor, and Mr. James M. Toomey, city attorney, for appellants. Mr. William J. Brown, attorney general, Ms. Cheryl K. Hachman and Mr. Charles S. Rawlings, for appellee Public Utilities Commission.

Mr. James L. Fullin and Mr. Roger C. Post, for intervening appellee Columbia Gas of Ohio, Inc.


Upon a review of the record herein, this court finds that there was sufficient evidence before the commission to support its orders. See Cleveland Electric Illuminating Co. v. Pub. Util. Comm. (1975), 42 Ohio St.2d 403, paragraphs four and eight of the syllabus.

Therefore, the orders of the commission, being reasonable and lawful, are affirmed.

Orders affirmed.

O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.


Summaries of

Steubenville v. Pub. Util. Comm

Supreme Court of Ohio
Dec 3, 1975
44 Ohio St. 2d 107 (Ohio 1975)
Case details for

Steubenville v. Pub. Util. Comm

Case Details

Full title:CITY OF STEUBENVILLE, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET…

Court:Supreme Court of Ohio

Date published: Dec 3, 1975

Citations

44 Ohio St. 2d 107 (Ohio 1975)
338 N.E.2d 370