Opinion
No. 78-333
Decided March 21, 1979.
Public Utilities Commission — Tariff revision proceedings — Appeal from commission's order — Improper, when.
APPEAL from the Public Utilities Commission.
On October 31, 1977, the Ohio Bell Telephone Company (Ohio Bell) filed with the Public Utilities Commission (commission) an application for certain tariff revisions, pursuant to R.C. 4909.18. The application was specifically designated by Ohio Bell as an "Application Not for an Increase in Rates." In its application, Ohio Bell sought the authority to give a monthly credit of $.65 to customers who provide their own telephone equipment.
The commission issued its finding and order dated December 7, 1977, in which it determined that Ohio Bell's application was not one for an increase in rates, that the requested tariff revisions appeared to be just and reasonable, that there would be no necessity to hold a hearing in the matter, and that the application was to be granted.
On December 22, 1977, appellant, Communications Workers of America, AFL-CIO (C.W.A.), filed a petition to intervene, an application for rehearing and an application for a stay of the commission's order dated December 7, 1977.
On January 11, 1978, the commission by entry denied C.W.A.'s petition to intervene, application for rehearing, and application for a stay. C.W.A. has not made an application for rehearing from the commission's entry of January 11, 1978.
This cause is now before this court upon appeal from the commission's orders of December 7 and January 11.
Mr. Thomas H. Grace, for appellant.
Mr. William J. Brown, attorney general, Mr. Marvin I. Resnik and Ms. Judith B. Sanders, for appellee.
Mr. Charles B. Ballou and Mr. Charles S. Rawlings, for intervening appellee Ohio Bell.
It is well settled that:
"The filing of an application for rehearing before the Public Utilities Commission is a jurisdictional prerequisite to an error proceeding from the order of the Commission to this Court, and only such matters as are set forth in such application can be urged or relied upon in an error proceeding in this Court." Paragraph six of the syllabus in Travis v. Pub. Util. Comm. (1931), 123 Ohio St. 355.
It is uncontroverted that appellant has failed to file an application for rehearing of the commission's order of January 11, 1978. Thus, an appeal from that order by appellant is improper.
Further, appellant was never made a party to the December 7, 1977, order from which it has appealed. In Harrison v. Pub. Util. Comm. (1938), 134 Ohio St. 346, 347, this court held:
"Unless a statute otherwise provides it is fundamental that no one can appeal from an order [of the commission] to which he is not a party."
R.C. 4903.13 provides:
"A final order made by the public utilities commission shall be reversed, vacated, or modified by the supreme court on appeal, if, upon consideration of the record, such court is of the opinion that such order was unlawful or unreasonable.
"The proceeding to obtain such reversal, vacation, or modification shall be by notice of appeal, filed with the public utilities commission by any party to the proceeding before it, against the commission, setting forth the order appealed from and the errors complained of. * * *' (Emphasis added.)
Accordingly, the appeal is dismissed.
Appeal dismissed.
CELEBREZZE, C.J., HERBERT, W. BROWN, P. BROWN, SWEENEY and WHITESIDE, JJ., concur.
HOLMES, J., not participating.
WHITESIDE, J., of the Tenth Appellate District, sitting for LOCHER, J.