Public Utilities Committee Page 5 of 5

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ORC §4903.11. Notice of appeal from order of commission.

No proceeding to reverse, vacate, or modify a final order of the public utilities commission is commenced unless the notice of appeal is filed within sixty days after the date of denial of the application for rehearing by operation of law or of the entry upon the journal of the commission of the order denying an application for rehearing or, if a rehearing is had, of the order made after such rehearing. An order denying an application for rehearing or an order made after a rehearing shall be served forthwith by regular mail upon all parties who have entered an appearance in the proceeding.

ORC §4903.21. Transcript.

On service or waiver of the notice of appeal as provided in ORC §4903.13, the public utilities commission shall forthwith transmit to the clerk of the supreme court a transcript of the journal entries, the original papers or transcripts thereof, and a certified transcript of all evidence adduced upon the hearing before the commission in the proceeding complained of, which documents shall be filed in said court.

ORC §4903.13. Reversal of final order; notice of appeal.
A final order made by the public utilities commission shall be reversed, vacated or modified by the supreme court on appeal, if, upon consideration of the record, such court is of the opinion that such order was unlawful or unreasonable.

The proceeding to obtain such reversal, vacation, or modification shall be by notice of appeal, filed with the public utilities commission by any party to the proceeding before it, against the commission, setting forth the order appealed from and the errors complained of. The notice of appeal shall be served, unless waived, upon the chairman of the commission, or, in the event of his absence, upon any public utilities commissioner, or by leaving a copy at the office of the commission in Columbus. The court may permit any interested party to intervene by cross-appeal.

Rule II. Institution of appeals; notice of appeal.
Section 3. Institution of Appeal from Administrative Agency.
(B)  Appeal from the Public Utilities Commission.

(1)  A notice of appeal from the Public Utilities Commission shall be filed with the Supreme Court and with the commission within the time specified in and in conformance with ORC §§4903.11 and 4903.13. See Form C following these rules for a sample notice of appeal from the Public Utilities Commission.

Rule V. Transmittal of record on appeal.
Section 4. Submission of Record from Public Utilities Commission.
The word “forthwith” as used in ORC §4903.21, providing that on service or waiver of service of the notice of appeal the Public Utilities Commission shall forthwith transmit to the Clerk of the Supreme Court a complete transcript of the proceeding, shall mean a period of 30 days. If at the expiration of 30 days the transcript has not been filed, the appellant shall have an additional three days in which to request a writ of mandamus to compel the commission to file the transcript. If, at the expiration of 33 days, a transcript has not been filed or a writ of mandamus requested to compel the commission to file the transcript, the appeal shall be dismissed.

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1 Relevant statutes and rules are included in the attached appendix.
2 The particulars of service are given in this section but service is not a new requirement having already been imposed under ORC §4903.21.
3 Denial can be by operation of law or commission order.
4 Art. IV, §2, of the Ohio Constitution provides that mandamus actions are within the original jurisdiction of the Court. The Supreme Court has held that no statute or rule may abridge its original jurisdiction. State ex rel. Wilke v. Hamilton Cty. Bd. of Comm’rs, 90 Ohio St.3d 55, 59-60, 734 N.E.2d 811, 817 (2000).
5 40 Ohio St.3d 252 (1988).
6 Appellants have 60 days to perfect an appeal and have control over when they file a notice of appeal. Thus, they can ensure they have the additional three business days to request a mandamus order, if one becomes necessary.



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