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OFFICE OF CONSUMERS' COUNSEL v. PUB. UTIL. COMM.

No. 78-90.

56 Ohio St. 2d 220 (1978)

OFFICE OF CONSUMERS' COUNSEL, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 6, 1978.

Attorney(s) appearing for the Case

Mr. William A. Spratley, Mr. Lewis I. Winarsky and Mr. Stephen P. Allison, for appellant.

Mr. William J. Brown, attorney general, Mr. Marvin I. Resnik and Mr. Thomas L. Mumaw, for appellee.

Messrs. Steer, Strauss, White & Tobias, Mr. Theodore K. High and Mr. Stephen E. Williams, for intervening appellee.

STEPHENSON, J.

The pivotal issue this appeal presents is the extent of the authority of the Public Utilities Commission to limit new issues sought to be developed in an R. C. 4909.19 rate determination hearing by a party, including Consumers' Counsel,1 intervening solely by entry of appearance at the commencement of the hearing and without having previously raised such issues by pre-filed...

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