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STATE UNIVERSITY v. PUBLIC UTILITY COM'N

No. 18 C.D. 2009

988 A.2d 771 (2010)

The PENNSYLVANIA STATE UNIVERSITY, Petitioner v. PUBLIC UTILITY COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided January 22, 2010.

Attorney(s) appearing for the Case

Thomas T. Niesen, Harrisburg, for petitioner.

Lawrence F. Barth, Asst. Counsel, Harrisburg, for respondent.

John F. Povilaitis, Harrisburg, for intervenor, West Penn Power Company.

BEFORE: McGINLEY, Judge, and COHN JUBELIRER, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge McGINLEY.

The Pennsylvania State University (PSU) petitions for review of the order of the Pennsylvania Public Utility Commission (PUC) which adopted the Recommended Decision of the Administrative Law Judge's (ALJ) denial of PSU's Petition for Declaratory Order to apply an extended generation rate cap for service to PSU's University Park campus (University Park) under the Tariff1 37 account.

PSU is a major generation...

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