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INDUS. ENERGY CONSUMERS OF OHIO POWER CO. v. PUB. UTIL. COMM.

No. 93-505.

68 Ohio St.3d 547 (1994)

INDUSTRIAL ENERGY CONSUMERS OF OHIO POWER COMPANY ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 30, 1994.

Attorney(s) appearing for the Case

Emens, Kegler, Brown, Hill & Ritter, Samuel C. Randazzo, Richard P. Rosenberry and Denise C. Clayton, for appellant Industrial Energy Consumers of Ohio Power Company.

Hahn, Loeser & Parks, Janine L. Migden and Maureen R. Grady, for intervening appellant Sierra Club.

Lee Fisher, Attorney General, James B. Gainer, Thomas W. McNamee and Craig S. Myers, Assistant Attorneys General, for appellee commission.

Edward J. Brady, Kevin F. Duffy and Richard Cohen, for intervening appellee Ohio Power Company.

DOUGLAS, J.

The primary issue which has been properly raised in this appeal is whether the commission approved an environmental compliance plan that was not least-cost, thereby constituting a violation of R.C. 4913.04. For the reasons that follow, we decline to disturb the commission's determination approving Ohio Power's plan. Accordingly, we affirm the commission's order.

I

To begin our discussion, we note that this court is ordinarily called...

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