Ohio Power Co. v. Public Utilities Commission

R. C. 4909.191(E) does not direct that an order issued pursuant to that section is void, voidable or subject to invalidation if tardily issued. Absent clear legislative language indicating that compliance with the statute’s mandate of timeliness is a condition precedent to validity, we conclude that that requirement is not so essential, that' it. overrides the basic purpose of the legislation which .is to regulate fuel adjustment clauses in the public interest.

We reject appellant’s argument that its .overall urn der recovery of fuel costs incurred during the audit "peri iod is .material to…