Cleveland Electric Illuminating Co. v. Public Utilities Commission

Holmes, J.,

concurring. I concur in the court’s resolution of the first issue, which relates to the amortization of the cancelled nuclear generating stations, solely on the basis of stare decisis. However, I believe that the proper approach to this question was set forth in Justice Paul W. Brown’s dissenting opinion in Consumers’ Counsel v. Pub. Util. Comm. (1981), 67 Ohio St. 2d 153, 168 [21 O.O.3d 96], which I joined.