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

Nos. 93-471 and 93-1861.

68 Ohio St.3d 559 (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 in case No. 93-471.

Lee Fisher, Attorney General, James B. Gainer and William L. Wright, Assistant Attorneys General, for appellee Commission.

Edward J. Brady, Marvin I. Resnik and Richard Cohen, for intervening appellee Ohio Power Company.

Per Curiam.

Pursuant to R.C. 4909.191(C), Ohio Power has the burden of proving that its fuel acquisition and delivery costs are "fair, just, and reasonable." The stipulation of some of the parties to this proceeding is, in itself, insufficient to satisfy this burden. Rather, such stipulations are considered merely as recommendations to the commission and, while entitled to substantial weight, they must be supported...

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