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PA. P.U.C. v. PHILADELPHIA ELEC. CO.

522 Pa. 338 (1989)

561 A.2d 1224

PENNSYLVANIA PUBLIC UTILITY COMMISSION v. PHILADELPHIA ELECTRIC COMPANY. Appeal of David M. BARASCH, Consumer Advocate. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Appellant, v. PHILADELPHIA ELECTRIC COMPANY, Appellee.

Supreme Court of Pennsylvania.

Decided July 18, 1989.

Reargument Denied January 26, 1990.

Attorney(s) appearing for the Case

Tanya J. McCloskey, Irwin A. Popowsky, Lee E. Morrison, Bohdan R. Pankiw, Harrisburg, Daniel P. Delaney, for appellant.

Robert H. Young, Walter R. Hall, II, Anthony C. DeCusatis, Philadelphia, for Philadelphia Elec. at Nos. 116 & 117.

David Kleppinger, Harrisburg, for Philadelphia Area Indus. Energy Users' Group.

Lee Morrison, Bohdan R. Pankiw, Harrisburg, Daniel P. Delaney, for Pennsylvania Public Utility Com'n at No. 116.

Tanya J. McCloskey, Irwin A. Popowsky, for Office of Consumer Advocate at No. 117.

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

OPINION

ZAPPALA, Justice.

In this appeal, we are requested to review the Opinion and Order of the Commonwealth Court reversing the Order of the Pennsylvania Public Utility Commission (Commission) which had disallowed a $57 million rate increase. 114 Pa.Cmwlth. 22, 538 A.2d 98. The proposed rate increase was necessary to offset energy replacement costs incurred as a result of the closing of the Salem and Peach Bottom nuclear...

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