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COMM. CENTRAL ENERGY CORP. v. PA. P.U.C.

No. 451 C.D. 1979.

51 Pa.Commw. 142 (1980)

Community Central Energy Corporation, Petitioner v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

May 6, 1980.

Attorney(s) appearing for the Case

Paul A. Barrett, with him John H. Appleton, Nogi, O'Malley & Harris, for petitioner.

Gary D. Cohen, Assistant Counsel, with him Joseph J. Malatesta, Jr., Deputy Chief Counsel and George M. Kashi, Chief Counsel, for respondent.

Argued February 6, 1980, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, BLATT, CRAIG and MacPHAIL. Judges ROGERS and WILLIAMS, JR. did not participate.

OPINION BY JUDGE MENCER, May 6, 1980:

This appeal presents a very limited, but important, issue for our resolution. We must decide whether Section 307(e) of the Public Utility Law1 afforded the Public Utility Commission (Commission) the discretion, upon a showing of good reason, not to order full refunds of overcollections of automatic adjustment clause revenues.2

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