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

No. 10490.

402 A.2d 14 (1979)

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

District of Columbia Court of Appeals.

Decided May 1, 1979.

Attorney(s) appearing for the Case

Carl D. Hobelman, New York City, of the bar of the State of New York, pro hac vice, by special leave of court, with whom Alan G. Kirk II and Lawrence A. Gollomp, Washington, D. C., were on the answer to petitions for rehearing or, in the alternative, rehearing en banc, for petitioner.

John R. Risher, Jr., Corp. Counsel, Washington D. C., at the time the case was argued, with whom Richard W. Barton, Deputy Corporation Counsel, and James T. McManus, Asst. Corp. Counsel, Washington, D. C., were on the petition for rehearing or rehearing en banc, for respondent.

Brian Lederer, Washington, D. C., with whom Elizabeth Noel, Washington, D. C., was on the petition for rehearing or, in the alternative, for rehearing en banc, for intervenor.

Before NEWMAN, Chief Judge, and KELLY, KERN, GALLAGHER, NEBEKER, YEAGLEY, HARRIS, MACK and FERREN, Associate Judges.

YEAGLEY, Associate Judge:

Potomac Electric Power Company (hereinafter Pepco or the Company), petitioned this court, pursuant to D.C.Code 1973, § 43-705, to review two orders of respondent Public Service Commission of the District of Columbia (hereinafter PSC or the Commission); the first, Order No. 5739 of November 19, 1975,* granted Pepco an increase in retail rates of $27,657,000 based on the request of the Company, as amended,...

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