Similarly, the standard to be applied by the Commission, that of reasonableness, is not overly broad or vague. While what is reasonable may vary from case to case, the standard does not. “Unreasonable” may not be capable of precise and unalterable definition. It refers to conduct which is irrational, foolish, unwise, absurd, silly, preposterous, senseless, stupid, immoderate, exorbitant, etc.
Blacks Law Dictionary 1379 (Fifth Ed.1979). Admittedly, each of these terms also cannot be precisely defined or pinpointed either. Yet, the law must rely upon words, not mathematical equations. The issue is not whether the language sets forth a formula by which facts are plugged in and an answer etched in stone thrown out. Rather, the issue is whether a person of ordinary intelligence can understand the meaning and foresee application of the clause in question. We believe that
§ 160–3(f)(4) and (5) meet the criteria set forth in
Grayned and
Hynes. The language is readily understandable. Upon a showing of a reasonable basis for expenses over the 35% limit, the Commission has discretion to allow the expense. Such discretion obviously, however, must not be exercised in an arbitrary, capricious or discriminatory manner. We will grant summary judgment in favor of Defendants on this issue.