Office of Consumers' Counsel v. Public Utilities Commission

383 N.E.2d 608, 56 Ohio St. 2d 245, 27 P.U.R.4th 481, 10 Ohio Op. 3d 390, 1978 Ohio LEXIS 686
Procedural entryThis page is a short order in Office of Consumers' Counsel v. Public Utilities Commission. Read the opinion of the Court — 58 Ohio St. 2d 108
Ohio Supreme Court·Decided December 7, 1978·No. No. 78-233·Published

Opinion

Locheb, J.

I.

Central to this cause is what is known as a “fuel cost adjustment clause.” This is a provision in the rate schedule of an electric light company that requires the company to adjust the rates it charges to customers in accordance with any fluctuation in the delivery and acquisition cost of fuel used to generate electricity that has occurred since the time the commission’s tariff order has been issued. R. C. 4905.01(E), (P) and (G). This ability to pass through to consumers the escalating fuel cost of the utility is alleged to foster little incentive for the utility to exercise efficiency in its fuel procurement policies and practices. Ostensibly, therefore, the General Assembly has mandated a close review of the fuel cost adjustment clause to insure that fuel [247]*247costs passed through to the consumers are fair, just and reasonable. - R. C. 4905.301 and 4909.191. Moreover, in á recent decision, this court admonished that fuel cost adjustment clauses are not and may not be permitted to become a carte blanche authorization to an electric utility to pass through expenses other than the fuel cost fairly attributable to the production of services to those customers. Ohio Power Co. v. Pub. Util. Comm. (1978), 54 Ohio St. 2d 342, The efficacy of the commission’s semi-annual review, which here is assailed by the Consumers’ Counsel, is the critical element assuring that the customer pays fair, just and reasonable fuel costs.

II.

Appellant, in his first proposition of law, asserts that the commission improperly found the audit to be sufficient and that, without independently tested information in the areas to be examined by the audit, the commission could not determine that the fuel costs passed through were fair, just and reasonable. Consumers’ Counsel alleges that the audit was insufficient by the commission’s guidelines in two specific areas: (1) that it did not determine that all components of fuel charges were properly computed, and passed on to the customers, and (2) it did not make the required determination regarding the quality of delivered fuel.

A review of the record discloses adequate support for the commission’s conclusion that the submitted audit report was sufficient. With respect to the quality of fuel, the submitted audit satisfies the respective objective, of the audit-program pronounced in the commission’s guidelines. This objective is stated as follows:

“Determine that the practices followed assure that the quality and quantity of delivered fuel meets specifications.” (Emphasis added.) Rule 4901:1-11, Appendix B, Ohio Adm. Code.

The audit report contains the following language :

“With respect to the performance audit, nothing came to our attention during the course of our review that caused us to believe thát the existing fuel related policies and pro[248]*248cedures do not promote the procurement of generating station fuel and purchased power at the best price available consistent with the quality and delivery requirements of the Company.” (Emphasis added.)

The audit thus determined that practices are utilized by DP&L to assure the quality and quantity standards for fuel are met. In testing these practices, nothing, other than the noted suspension of quality checks during the labor strike,

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Office of Consumers' Counsel v. Public Utilities Commission, 383 N.E.2d 608, 56 Ohio St. 2d 245, 27 P.U.R.4th 481, 10 Ohio Op. 3d 390, 1978 Ohio LEXIS 686 (Ohio 1978).

383 N.E.2d 608 (Office of Consumers' Counsel v. Public Utilities Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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