Ohio § 4909.39

§ 4909.39.

If the public utilities commission, after the hearing referred to in sections 4909.34 to 4909.36 of the Revised Code , is of the opinion that the rate, price, charge, toll, or rental, so fixed by ordinance

is or will be unjust, unreasonable, or insufficient to yield reasonable compensation

for the service, the commission shall fix and determine the just and reasonable rate,

price, charge, toll, or rental to be charged, demanded, exacted, or collected by such

public utility during the period so fixed by ordinance, which period shall not be

less than two years, and order the rate, price, charge, toll, or rental so fixed substituted

for the rate, price, charge, toll, or rental fixed by ordinance.  The commission may find and declare that the rate, price, charge, toll, or rental,

so fixed by ordinance, is just and reasonable, and ratify and confirm it. No rate, price, charge, toll, or rental so determined by the commission shall become

effective until after the commission has ascertained and determined the valuation

upon which such price, charge, toll, or rental is based.  Such valuation, so determined, shall be at all times open to public inspection.  Thereupon the commission shall make inquiry and investigation with respect to the

ability of such public utility to furnish its product during such period.  If it is found that the public utility is able to do so, the commission shall order

it to continue to furnish such product for the period and at the rate, price, charge,

toll, or rental so fixed and determined, and such public utility shall continue to

furnish its product as provided in such order.  If the commission, after the hearing provided for in this section and sections 4909.34 to 4909.36 of the Revised Code , is of the opinion that any provisions of the ordinance or ordinances appealed from

or complained of other than the rate, price, charge, toll, or rental fixed by such

ordinance or ordinances are or will be unjust or unreasonable or that the form and

structure of the rate, price, charge, toll, or rental fixed by such ordinance or ordinances

may be unfair or unreasonable, or may have the effect of causing any rate, price,

charge, toll, or rental to be fixed by the commission to become unfair or unreasonable,

the commission shall, in its order, strike out such unjust or unreasonable provisions,

conditions, form, and structure of said ordinance or ordinances and shall substitute

for them, if it deems it necessary, such provisions and conditions as it considers

fair and reasonable, and make such changes in the form and structure of the rate,

price, charge, toll, or rental fixed in such ordinance or ordinances as it considers

fair and reasonable. In fulfillment of its duties under this section as to what constitutes an unjust,

unreasonable, or insufficient rate, price, charge, toll, or rental, as to what constitutes

a just and reasonable rate, price, charge, toll, or rental, as to what constitutes

an unjust or unreasonable rate, price, charge, toll, or rental, or, insofar as the

form and structure of any rate, price, charge, toll, or rental is concerned, as to

what may have the effect of causing it to become unfair and unreasonable, the decision

of the commission shall be based on the factors stated in section 4909.15 of the Revised Code .