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INDUSTRIAL ENERGY CONSUMERS v. PUB. UTIL. COMM.

No. 90-2411.

63 Ohio St.3d 551 (1992)

INDUSTRIAL ENERGY CONSUMERS, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 6, 1992.

Attorney(s) appearing for the Case

Bell, Royer & Sanders Co., L.P.A., Langdon D. Bell, Barth E. Royer and Judith B. Sanders, for appellant.

Lee I. Fisher, Attorney General, James B. Gainer, William L. Wright and Kaye Pfister Willi, for appellee, Public Utilities Commission.

Michael R. Belting, Leila L. Vespoll and Kathy J. Kollch; Porter, Wright, Morris & Arthur and Samuel H. Porter, for intervening appellee, Ohio Edison Company.

Cleary, Gottlieb, Steen & Hamilton and Sara D. Schotland, pro hac vice, urging reversal for amicus curiae, Electricity Consumers Resource Council.

Eugene P. Whetzel, urging reversal for amicus curiae, Ohio Manufacturers' Association.

Per Curiam.

As its first proposition of law, IEC contends that the commission erred by allocating pollution control costs on the basis of relative class energy usage, rather than on the basis of relative class demand. Specifically, IEC contends that the commission's determination was against the manifest weight of the evidence and represents an improper departure from commission precedent. The commission and Ohio Edison contend that IEC has not been prejudiced...

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