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POTOMAC ELEC. POWER CO. v. PUBLIC SERV. COM'N

No. 10490.

380 A.2d 126 (1977)

POTOMAC ELECTRIC POWER CO., Petitioner, v. PUBLIC SERVICE COMMISSION of the District of Columbia, Respondent, People's Counsel, Intervenor.

District of Columbia Court of Appeals.

Decided November 9, 1977.

Rehearing En Banc Granted March 2, 1978.

Attorney(s) appearing for the Case

Edward A. Caine, Washington, D. C., with whom Alan G. Kirk, II, Susan H. Power, Washington, D. C., and Carl D. Hobelman, New York City, were on the brief, for petitioner.

Linus H. Deeny, Asst. Corp. Counsel, Washington, D. C., when briefs were filed and the case was argued, with whom John R. Risher, Jr., Corp. Counsel, and Louis P. Robbins, Principal Deputy Corp. Counsel, Washington, D. C., were on the brief, for respondent.

Annice M. Wagner, People's Counsel when briefs were filed and the case was argued, for intervenor.

Before NEBEKER, YEAGLEY and HARRIS, Associate Judges.

HARRIS, Associate Judge:

Potomac Electric Power Company (Pepco) has petitioned this court pursuant to D.C. Code 1973, § 43-705, to set aside as confiscatory the rates prescribed by the Public Service Commission of the District of Columbia (the Commission) for its retail sales of electric energy to District of Columbia customers. The rate rulings were established by a two-to-one vote of the Commission in Order No. 5739...

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