Industrial Energy Consumers of Ohio Power Co. v. Public Utilities Commission

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 upon to review commission decisions involving ratemaking. Although the case before us obviously affects rates (as is true with virtually everything the commission…