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

Nos. 90-1539 and 90-2116.

61 Ohio St.3d 396 (1991)

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

Supreme Court of Ohio.

Decided August 14, 1991.


Attorney(s) appearing for the Case

William A. Spratley, Consumers' Counsel, David C. Bergmann and Yvonne T. Ranft, for appellant.

Lee I. Fisher, Attorney General, Robert S. Tongren, James B. Gainer and Steven T. Nourse, for appellee Public Utilities Commission in case No. 90-1539.

Lee I. Fisher, Attorney General, James B. Gainer and Steven T. Nourse, for appellee Public Utilities Commission in case No. 90-2116.

Kathy J. Kolich and Leila L. Vespoli, for intervening appellee Ohio Edison Company.


HOLMES, J.

Appellant OCC argues that the Commission erred by raising sua sponte the issue of whether the "condominium clause" was discriminatory. In this regard, OCC argues that when the Commission determined that the condominium clause was unjustly discriminatory, "it chose to forge off in a direction not even hinted at by the parties * * *," and did so without notice to the parties, and that such action by the Commission inherently violated the due process...

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