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CONSUMERS' COUNSEL v. PUB. UTIL. COMM.

Nos. 82-716 and 82-918.

4 Ohio St. 3d 35 (1983)

OFFICE OF CONSUMERS' COUNSEL ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES. (Two cases.)

Supreme Court of Ohio.

Decided March 16, 1983.

Attorney(s) appearing for the Case

Mr. William A. Spratley, consumers' counsel, Mr. Bruce J. Weston and Mr. Michael L. Haase, for appellant Office of Consumers' Counsel.

Mr. Anthony G. Pizza, prosecuting attorney, Mr. Nick Batt and Ms. Mary Trimboli, for intervening appellant Lucas County Board of Commissioners in case No. 82-716.

Mr. William J. Brown, attorney general, Mr. Marvin I. Resnik and Ms. Phyllis J. Culp, for appellee Public Utilities Commission of Ohio.

Messrs. Fuller & Henry, Mr. Paul M. Smart and Mr. Fred J. Lange, Jr., for intervening appellee Toledo Edison Co. in case No. 82-716.

Messrs. Squire, Sanders & Dempsey, Mr. James H. Woodring, Mr. Alan D. Wright and Mr. Craig I. Smith, for intervening appellee Cleveland Electric Illuminating Co. in case No. 82-918.

Per Curiam.

R.C. 4905.301 mandates a semiannual hearing to review the fuel component of public utility rate schedules. The procedure for these hearings is set forth in R.C. 4909.191. Pertinent to this appeal is R.C. 4909.191(C) which reads, in part:

"The electric light company shall demonstrate at the hearing on its fuel component that its acquisition and delivery costs were fair, just, and reasonable. * * *"

The appellants argue that absent...

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