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CONSUMERS' COUNSEL v. PUBLIC UTILITIES COMMISSION

No. 84-982.

16 Ohio St. 3d 9 (1985)

OFFICE OF CONSUMERS' COUNSEL, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 27, 1985.

Attorney(s) appearing for the Case

Mr. William A. Spratley, consumers' counsel, Mr. G. James Van Heyde and Mr. James A. Pepper, for appellant.

Mr. Anthony J. Celebrezze, Jr., attorney general, Mr. Robert S. Tongren and Mr. Steven H. Feldman, for appellee.

Mr. Alan D. Wright, Mr. Craig I. Smith, Messrs. Squire, Sanders & Dempsey, Mr. James H. Woodring and Mr. Alan P. Buchmann, for intervening appellee.

Per Curiam.

The issue before this court is whether the commission properly limited the refund of overrecovered system loss costs to the audit period under review. Appellant OCC contends that the commission should have ordered a refund of all excess system loss costs collected pursuant to the so-called EFC rule embodied in Ohio Adm. Code Chapter 4901:1-11. Specifically, OCC asserts that since the commission itself has acknowledged that use of the rule...

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