CONSUMERS' COUNSEL v. PUB. UTIL. COMM.

No. 85-794.

24 Ohio St. 3d 149 (1986)

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

Supreme Court of Ohio.

Decided June 25, 1986.


Attorney(s) appearing for the Case

William A. Spratley, consumers' counsel, Lawrence F. Barth and G. James Van Heyde, for appellant.

Anthony J. Celebrezze, Jr., attorney general, Rober S. Tongren and Steven H. Feldman, for appellee Public Utilities Commission.

Russell J. Spetrino, Anthony J. Alexander, Michael R. Beiting and Leila L. Vespoli, for intervening appellee Ohio Edison Co.


Per Curiam.

In this appeal, the Office of Consumers' Counsel contests the recovery through the EFC of deferred development costs associated with the phase-down of Quarto Mine No. 7. While Consumers' Counsel would exclude deferred development costs associated with phased-down mines, the commission's approved methodology is based on actual contract costs which in this case include both operative and phased-down mines.

In its notice of appeal to this court...

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