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CONSUMERS' COUNSEL v. PUB. UTIL. COMM.

Nos. 91-1609 and 91-2339.

63 Ohio St.3d 531 (1992)

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

Supreme Court of Ohio.

Decided May 6, 1992.

Attorney(s) appearing for the Case

William A. Spratley, Consumers' Counsel, Barry Cohen and David Bergmann, for appellant, Office of Consumers' Counsel.

Lee I. Fisher, Attorney General, James B. Gainer, William L. Wright and Craig S. Myers, for appellee, Public Utilities Commission of Ohio. Craig I. Smith, for intervening appellees, Cleveland Electric Illuminating Company and Toledo Edison Company.

Per Curiam.

The issue before us is what portion, if any, of the fees in question may be included in the companies' EFC rates. R.C. 4909.191 governs EFC proceedings and provides in part:

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

R.C. 4905.01(G) defines "fuel component" as:

"* * * acquisition and delivery costs of...

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