Park Towne and Madway Engineers and Constructors, Petitioners
v.
Pennsylvania Public Utility Commission, Respondent, Lukens Steel Company et al., Intervenors.
Philadelphia Electric Company, Petitioner
v.
Pennsylvania Public Utility Commission, Respondent. Lukens Steel Company et al., Intervenors.
Commonwealth Court of Pennsylvania.https://leagle.com/images/logo.png
Argued June 3, 1981.
August 17, 1981.
Attorney(s) appearing for the Case
Philip P. Kalodner, with him Jerrold V. Moss, Fell, Spalding, Goff & Rubin, for petitioner, Park Towne and Madway Engineers and Constructors.
Robert H. Young, with him Walter R. Hall, II, Thomas P. Gadsden and Susan L. Gordon, of counsel; Edward G. Bauer, Jr. and Morgan, Lewis & Bockius, for petitioner, Philadelphia Electric Company.
William T. Hawke, Counsel, with him Albert W. Johnson, III, Assistant Counsel, Steven A. McClaren, Deputy Chief Counsel, and Joseph J. Malatesta, Chief Counsel, for respondent, Pennsylvania Public Utility Commission.
Edward J. Riehl, McNees, Wallace & Nurick, for intervenor, Lukens Steel Company, Union Carbide Corporation and Celotex Corporation.
Henry M. Wick, Jr., with him Charles J. Streiff, of counsel: Kenneth R. Pepperney, Wick, Vuono & Lavelle, for intervenor, United States Steel Corporation.
Martha W. Bush, Assistant Consumer Advocate, with her, Craig R. Burgraff, Assistant Consumer Advocate, for Mark P. Widoff, Consumer Advocate.
Steven P. Hershey, with him Mark B. Segal, for intervenors, Consumers Education and Protective Association, Pennsylvania Association of Community Organizations for Reform Now, Action Alliance for Senior Citizens, and Max Weiner.
Argued June 3, 1981, before President Judge CRUMLISH and Judges ROGERS, BLATT, MacPHAIL and PALLADINO. Judges MENCER, WILLIAMS, JR. and CRAIG did not participate.
Commonwealth Court of Pennsylvania.
OPINION BY JUDGE ROGERS, August 17, 1981:
On August 5, 1977, the Philadelphia Electric Company (PECO) filed with the Pennsylvania Public Utility Commission (Commission) Supplements Nos. 72 and 73 to its Tariff Electric — Pa. P.U.C. No. 24 to become effective October 4, 1977. Supplement No. 72 eliminated the fuel adjustment clause for residential and small commercial customers while rolling into their base rates approximately 0.9 cents per kwh and created a...
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