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VA. ELEC. & POWER CO. v. P. S. C. OF W. VA.

No. 14249.

248 S.E.2d 322 (1978)

VIRGINIA ELECTRIC AND POWER CO., a corp. v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA.

Supreme Court of Appeals of West Virginia.

October 31, 1978.

Attorney(s) appearing for the Case

Guy T. Tripp, III, Hunton & Williams, Richmond, Va., Jackson, Kelly, Holt & O'Farrell, F. Paul Chambers and Michael A. Albert, Charleston, for petitioner.

Joel B. Shifman, Charleston, for respondent.

NEELY, Justice:

This case presents two issues of law: first, whether the Public Service Commission of West Virginia must give a hearing to a public utility in this State before revising that utility's tariff; and, second, whether the Public Service Commission may revise a public utility's tariff retroactively and require the utility to make refunds to its customers based on the retroactive revision of the tariff. We hold that a hearing is mandated before any tariff...

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