Citywide Coalition for Utility Reform v. Public Utilities Commission

CCUR argues that a non-cost-based declining block rate structure does not promote energy conservation and must be eliminated under the *533Public 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 is not required to adopt or implement that standard (Fed. Energy Regulatory Comm. v. Mississippi [1982], 456 U.S. 742, 749-750, 102 S.Ct. 2126, 2132, 72 L.Ed.2d 532, 540-541; Greater Cleveland Welfare Rights Org., Inc. v. Pub. Util. Comm.…