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HORNE v. PA. P.U.C.

No. 1132 C.D. 1982.

78 Pa.Commw. 566 (1983)

Joseph Horne Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

November 29, 1983.

Attorney(s) appearing for the Case

E.J. Strassburger, with him Dennis S. Shilobod, Strassburger, McKenna, Messer, Shilobod & Gutnick, for petitioner.

Gary D. Cohen, Assistant Counsel, with him Albert W. Johnson, III, Deputy Chief Counsel, and Charles F. Hoffman, Chief Counsel, for respondent.

Charles E. Thomas, with him Charles E. Thomas, Jr., and Patricia Armstrong, of counsel: Thomas & Thomas, for intervenor, Duquesne Light Company.

Argued October 4, 1983, before President Judge CRUMLISH, JR. and Judges CRAIG, MacPHAIL, DOYLE and BARRY.

OPINION BY JUDGE CRAIG, November 29, 1983:

Joseph Horne Co., a ratepayer of Duquesne Light Co., appeals from an order of the Pennsylvania Public Utility Commission, which granted Duquesne, a regulated utility, a rate increase of $64 million. We must determine whether the option order procedure, which the PUC employed here, violates either the Pennsylvania Public Utility Code, 66 Pa. C.S. §§ 101-3315...

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