Is It Unconstitutional for Cleveland Power Company to Sell Electricity Outside City?
The Cleveland Electric Illuminating Company, v. City of Cleveland et al., Case No. 2020-0277
Eighth District Court of Appeals (Cuyahoga County)
ISSUES:
Appeal -
Does a municipal utility violate Ohio Constitution, Article XVIII, Sections 4 and 6 if it sells electricity outside its municipal boundaries from an artificial surplus, including any avoidable excess electricity that didn't supply the city or its inhabitants?
Does a municipal utility violate Article XVIII, Sections 4 and 6 if it can buy only the amount of electricity needed for the city, but instead buys excess electricity and sells it outside of its municipal boundaries?
Does a municipal utility violate Article XVIII, Sections 4 and 6 if it buys any amount of electricity for a purpose other than supplying that electricity to itself or its inhabitants, then sells the resulting excess to customers outside city limits?
Cross-Appeal -
Does a municipal corporation have the right to sell electricity to customers outside its boundaries as long as the amount sold doesn't exceed 50% of the total electricity consumed within the municipal corporation's limits, and as long as the municipal corporation doesn't purchase electricity solely for the purpose of reselling the entire amount af that electricity outside of its boundaries?
