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UNITED STATES STEEL v. PUBLIC UTILITY

850 A.2d 783 (2004)

UNITED STATES STEEL CORPORATION, Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided May 10, 2004.

As Amended May 12, 2004.

Attorney(s) appearing for the Case

Pamela C. Polacek, Harrisburg, for petitioner.

Shane M. Rooney, Harrisburg, for respondent.

Thomas P. Brogan, Harrisburg, for intervenor, Reliant Resources, Inc.

BEFORE: COLINS, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN, Judge, and SIMPSON, Judge.

OPINION BY Judge PELLEGRINI.1

United States Steel Corporation (U.S.Steel) petitions from an order of the Pennsylvania Public Utility Commission (Commission) granting Duquesne Light Company's (Duquesne) petition and concluding, inter alia, that a Generation Avoidance Energy (GAE) provision in Duquesne's High Voltage Power Service (HVPS) rate class does not violate the rate cap protections in Section 2804(4)(ii) of the Electricity...

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