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JOSEPH HORNE CO. v. PA. PUB. UTIL. COM'N

506 Pa. 475 (1984)

485 A.2d 1105

JOSEPH HORNE COMPANY, Appellant, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Duquesne Light Company, United States Steel Corporation, Crucible Inc., Jones & Laughlin Steel Corporation, General Motors Corporation and the Consumer Advocate.

Supreme Court of Pennsylvania.

Decided December 19, 1984.

Reargument Denied March 6, 1985.

Attorney(s) appearing for the Case

E.J. Strassburger, Strassburger, McKenna, Messer, Shilobod & Gutnick, Pittsburgh, for appellant.

Charles E. Thomas, Charles E. Thomas, Jr., Patricia Armstrong, Harrisburg, for Duquesne Light Co.

Charles J. Strieff, Pittsburgh, for U.S. Steel Corp.

Maurice A. Frater, McNees, Wallace & Nurick, Harrisburg, Thomas Kennedy, Pittsburgh, Gary D. Cohen, Asst. Counsel, Charles F. Hoffman, Albert W. Johnson, III, Harrisburg, for P.U.C.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.

OPINION OF THE COURT

HUTCHINSON, Justice.

Joseph Horne Company (Horne), a ratepayer of the Duquesne Light Company (Duquesne) appeals by allowance a Commonwealth Court order affirming an order of the Pennsylvania Public Utility Commission (PUC) which granted Duquesne a rate increase of $64 million. At issue is the "option order procedure" used by the PUC to grant this increase pending final action on a request for general rate increase. Horne contends that...

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