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CITY OF ERIE v. PA. ELECTRIC CO. ET AL.

No. 1637 C.D. 1976.

34 Pa.Commw. 326 (1978)

City of Erie, Pennsylvania, Petitioner v. Pennsylvania Electric Company and Pennsylvania Public Utility Commission, Respondents.

Commonwealth Court of Pennsylvania.

March 23, 1978.

Attorney(s) appearing for the Case

Thomas D. Colbridge, Assistant City Solicitor, for petitioner.

John Aulouiek, with him Steven A. McClaren, Assistant Counsel, Daniel F. Joella, Assistant Counsel, and Barnett Satinsky, Chief Counsel, for respondents.

Argued November 4, 1977, before Judges CRUMLISH, JR. and BLATT, sitting as a panel of two.

OPINION BY JUDGE BLATT, March 23, 1978:

The City of Erie (Erie) has petitioned us to review an order of the Pennsylvania Public Utility Commission (PUC) denying Erie's request that the Pennsylvania Electric Company (PEC) be prohibited from collecting a state tax surcharge.

On March 10, 1970, the PUC issued an order labeled "State Tax Adjustment Procedure" which permitted public utilities, including...

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