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PA. BUILDERS ASSN. ET AL. v. PA. P.U.C.

No. 931 C.D. 1980.

60 Pa.Commw. 438 (1981)

Pennsylvania Builders Association and Richard W. Richards, Petitioners v. Pennsylvania Public Utility Commission, Respondent. Pennsylvania Power and Light Company (PP&L) et al., Intervenors.

Commonwealth Court of Pennsylvania.

July 9, 1981.

Attorney(s) appearing for the Case

Loudon L. Campbell, with him J. Scott Calkins, for petitioners.

Daniel P. Delaney, Assistant Counsel, with him Joseph J. Malatesta, Jr., Chief Counsel, for respondent.

Gennaro D. Caliendo, with him David J. Dulick, for intervenor, Pennsylvania Power & Light Company.

Walter W. Cohen, Consumer Advocate, with him Martha Bush, Assistant Consumer Advocate, Philip McClelland, Assistant Consumer Advocate, and Andrew Hermann, Legal Assistant, for intervenor, Consumer Advocate.

Timothy F. Nicholson, for Amicus Curiae, Pennsylvania Gas Association.

Ronald Ziegler, Tubis, Schwartz & Ziegler, for Amicus Curiae, Pennsylvania Petroleum Association.

Argued April 7, 1981, before President Judge CRUMLISH and Judges MENCER, ROGERS, CRAIG and PALLADINO. Judges BLATT, WILLIAMS, JR. and MacPHAIL did not participate.

OPINION BY PRESIDENT JUDGE CRUMLISH, July 9, 1981:

The Pennsylvania Builders Association appeals a Pennsylvania Public Utility Commission order approving a tariff supplement filed by the Pennsylvania Power and Light Company (PP&L).1 We reverse.

On April 6, 1978, PP&L filed a proposed tariff supplement, the effect of which was to establish mandatory building insulation standards as a pre-condition to the Utility's providing...

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