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CITYWIDE COALITION FOR UTIL. REFORM v. PUB. UTIL. COMM.

No. 92-2078.

67 Ohio St.3d 531 (1993)

CITYWIDE COALITION FOR UTILITY REFORM, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 3, 1993.

Attorney(s) appearing for the Case

Legal Aid Society of Cincinnati, Jennifer L. Branch and Frank J. Wassermann, for appellant.

Lee I. Fisher, Attorney General, James B. Gainer; Duane W. Luckey, Thomas W. McNamee and Kaye Pfister Willi, Assistant Attorneys General, for appellee.

James J. Mayer and Michael A. Gribler; Squire, Sanders & Dempsey, Alan P. Buchmann, Arthur E. Korkosz and Lisa R. Battaglia for intervening appellee, Cincinnati Gas & Electric Company.

Per Curiam.

CCUR argues that a non-cost-based declining block rate structure does not promote energy conservation and must be eliminated under the Public Utilities Regulatory Policies Act of 1978, Section 2601 et seq., Title 16, U.S.Code ("PURPA") and R.C. 4905.70.3

CCUR's reliance on the declining block standard proposed by PURPA is clearly misplaced. The commission...

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