Ohio Utilities Co. v. Public Utilities Commission

389 N.E.2d 483, 58 Ohio St. 2d 153, 12 Ohio Op. 3d 167, 1979 Ohio LEXIS 406
CourtOhio Supreme Court
DecidedMay 16, 1979
DocketNo. 78-849
StatusPublished
Cited by29 cases

This text of 389 N.E.2d 483 (Ohio Utilities Co. v. Public Utilities Commission) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ohio Utilities Co. v. Public Utilities Commission, 389 N.E.2d 483, 58 Ohio St. 2d 153, 12 Ohio Op. 3d 167, 1979 Ohio LEXIS 406 (Ohio 1979).

Opinions

Sweeney, J.

Ohio Utilities raises 14 propositions of law in this appeal, some of which involve discretionary decisions by the .Public Utilities Commissiou. For the sake of brevity, we .will limit our discussion to the five riiost significant issues. ... . '

[156]*156L

■ Appellant first challenges the authority of the commission to proceed with the instant investigation as it did. In initiating this investigation, appellee based its authority on R. C. 4905.26, which states, in pertinent part:

“Upon complaint in writing against any public utility by any person, firm, or corporation, or upon the initiative or complaint of the public utilities commission, that any rate, # * * rendered, charged, demanded, * * * or exacted, is in any respect unjust, unreasonable, unjustly discriminatory, unjustly preferential, or in violation of law, * * * if it appears that reasonable grounds for complaint are stated, the commission shall fix a time for hearing, * * #.” (Emphasis added.)

Ohio Utilities alleges that the commission improperly used that provision to alter its January 18, 1977, rate order for appellant. It is appellant’s view that the only statutory provision which would authorize the commission its alter a prior rate order is R. C. 4909.15(E).1 Since that section requires that there be an application by a person or public utility before the commission can alter or amend an order fixing a rate, Ohio Utilities contends that appel-lee is without authority to investigate, on its own initiative, existing rates, if it thereafter orders new rates. However, in addition to misconstruing the instant investigation as an attempt by appellee to alter its prior rate order, appellant interprets R. C. 4905.26 too narrowly. In discussing that provision this court has previously stated that, “[t]his language is extremely broad, and would permit what might be strictly viewed as a ‘collateral attack’ in many instances.” Western Reserve Transit v. Pub. Util. Comm. (1974), 39 Ohio St. 2d 16, 18. While R. C. 4905.26 was invoked in that case by a complaint filed by a utility, rather than upon [157]*157the initiative of the commission, onr interpretation of the statute is still persuasive.

Appellant’s limiting construction of E. C. 4905.26 strips it of its usefulness. If, after an investigation and hearing pursuant to this statute, the commission determines that existing rates are unjust or unreasonable, it must follow that the commission can then remedy the situation by ordering that new rates be put in effect. In Ohio Bell Telephone Co. v. Pub. Util. Comm. (1969), 17 Ohio St. 2d 45, we suggested the use of an E. C. 4905.26 hearing as a method whereby the commission could review the reasonableness of a rate schedule it was required to initially accept. In responding to the contention that, by being forced to accept schedules filed by the utility, a method would exist for the utility to exact exorbitant rates from its customers, ve stated, at page 48, that, “[t]he consumer is protected from an unjust or unreasonable rate for such new service by Section 4905.26, Eevised Code, which provides that such proposed rate may be reviewed by the commission upon a complaint by any person, or upon the initiative or complaint of the commission itself.” Implicit in that statement is the conclusion that the commission eould adjust any rates it found to be unjust or unreasonable.2 Specifically, the commission could, as it did below, invoke its authority under E. C. 4909.15(1)) (2) (b) to “fix and determine the just and reasonable rate * * * to be * * * charged, * * * and order such just and reasonable rate * * * to be substituted for the existing one.”

Tins joining of statutory authority to support the corn-[158]*158■mssion’s investigation of existing rates and. subsequent substitution of new rates was approved of by the United States Supreme Court in Public Utilities Comm. of Ohio v. United Fuel Gas Co. (1943), 317 U. S. 456, 464. There, the ■court was concerned with an attempt by the commission to fix rates retroactively. To support its holding that the commission’s authority was prospective only, the court combined G-. C. 614-21 and 614-23 (predecessors of R. C. 4905.-26 and 4909.15, respectively).3 We concur in this combined reading of R. C. 4905.26 and 4909.15(1)), as being appropriate in situations such as the instant cause, and as effectuating the public interest.

n.

Ohio Utilities contends further that Section 4 of Am. :Sub. S. B. No. 94 prohibits appellee from applying the ■original cost provisions of Ohio’s new rate law to the investigation of appellant’s existing rates. Section 4 provides, in relevant part:

“ * * # this act does not apply to an application for .an increase in any rate filed under section 4909.18, * * * •of the Revised Code prior to January 1, 1976, and1 all proceedings and orders in connection therewith shall be governed by the law in effect at the time of the filing of the .application.”

Appellant’s previously existing rates were established ■under the former rate law, subsequent to appellant’s application for a rate increase filed under R. C. 4909.18. The [159]*159former law determined rate base on the basis of reproduction cost new less depreciation. The instant investigation, begun on September 7, 1977, determined appellant’s rate base on the basis of the original cost method prescribed by the new rate law. Since the effect of this proceeding was to reduce the rates established under the old law, Ohio Utilities views this E. C. 4905.26 investigation as a continuation of the prior proceeding, so that the application of original cost is prohibited by Section 4.

Contrary to appellant’s contention, the instant proceeding was not a rehearing or continuation of appellant’s prior application for a rate increase. It was, rather, a separate investigation of the reasonableness of Ohio Utilities’ rates, begun after the new rate law became effective. Appellant’s line of reasoning would insulate all rates set under prior law from review by the commission, no matter how unjust or unreasonable they may have become. We cannot believe that the General Assembly intended such a result when it enacted Section 4.

In so stating, we do not mean to imply that appellee is free to require all utilities to defend their rate schedules in an E. C. 4905.26 investigation and hearing, simply because their rates were fixed under the old law. E. C. 4905.26 requires that “reasonable grounds for complaint” be stated before the commission can conduct a hearing and order a utility to produce information. This prerequisite should apply whether the commission begins such a proceeding on its own initiative, or on the complaint of another party. Here the investigation was based upon what appellee’s staff described as “the apparently unique circumstance of the Ohio Utilities Co., e. g., a high original cost to reproduction cost factor and substantial amounts of contributed property.” We agree with appellee that this unique status of Ohio Utilities provided “reasonable grounds” for the commission to proceed to hearing.

III.

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Bluebook (online)
389 N.E.2d 483, 58 Ohio St. 2d 153, 12 Ohio Op. 3d 167, 1979 Ohio LEXIS 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ohio-utilities-co-v-public-utilities-commission-ohio-1979.