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CITY OF CINCINNATI v. PUB. UTIL. COMM.

No. 92-2101.

67 Ohio St.3d 523 (1993)

CITY OF CINCINNATI, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 3, 1993.

Attorney(s) appearing for the Case

Fay D. Dupuis, City Solicitor, and Richard Ganulin, Assistant City Solicitor, for appellant.

Lee I. Fisher, Attorney General, James B. Gainer, Duane W. Luckey, William L. Wright and Jeffrey D. Van Niel, Assistant Attorneys General, for appellee.

Squire, Sanders & Dempsey, Alan P. Buchmann, Arthur E. Korkosz and Lisa R. Battaglia; James J. Mayer and Michael A. Gribler, for intervening appellee CG&E.

Per Curiam.

The city argues that the commission erred: (1) in determining Zimmer's reasonable original cost, including failing to make a prudence adjustment to CG&E's Zimmer rate base; and (2) in using a twelve-month average stock price to estimate CG&E's cost of common equity. For the reasons which follow, we reject these arguments and affirm the commission's order.

I. REASONABLE ORIGINAL COST

A. Equivalent Plant Standard

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