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

No. 78-415.

57 Ohio St. 2d 78 (1979)

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

Supreme Court of Ohio.

Decided March 21, 1979.


Attorney(s) appearing for the Case

Mr. William A. Spratley, consumers' counsel, and Mr. Orla E. Collier, for appellant.

Mr. William J. Brown, attorney general, Mr. Marvin I. Resnik and Mr. Kevin F. Duffy, for appellee.

Messrs. Porter, Wright, Morris & Arthur, Mr. Samuel H. Porter, Mr. Curtis A. Loveland and Mr. William J. Kelly, Jr., for intervenor-appellee.


Per Curiam.

As support for reversal of the commission's order in the first instance, appellant contends that compliance with the 30-day filing deadline is a condition precedent to C&SOE's continued use of the fuel cost adjustment clause2 and, when R. C. 4909.191(F)3 is read in pari materia with R. C. 4909.191(B), the commission is required to, ipso facto, suspend the fuel adjustment...

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