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OFFICE OF CONSUMERS' COUNSEL v. P.U.C.

No. 78-233.

56 Ohio St. 2d 245 (1978)

OFFICE OF CONSUMERS' COUNSEL, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided December 7, 1978.

Attorney(s) appearing for the Case

Mr. William A. Spratley, consumers' counsel, Mr. Lewis I. Winarsky, Mr. Stephen P. Allison and Ms. Margaret A. Samuels, for appellant.

Mr. William J. Brown, attorney general, Mr. Marvin I. Resnik, Mr. Mark C. Sholander and Mr. Jonathan L. Heller, for appellee.

LOCHER, J.

I.

Central to this cause is what is known as a "fuel cost adjustment clause." This is a provision in the rate schedule of an electric light company that requires the company to adjust the rates it charges to customers in accordance with any fluctuation in the delivery and acquisition cost of fuel used to generate electricity that has occurred since the time the commission's tariff order has been issued. R. C. 4905.01(E), (F) and (G). This...

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