METRO. WASH. BD., ETC. v. PUBLIC SERV. COM'N

Nos. 79-1195, 79-1254.

432 A.2d 343 (1981)

The METROPOLITAN WASHINGTON BOARD OF TRADE, Petitioner, v. PUBLIC SERVICE COMMISSION OF the DISTRICT OF COLUMBIA, Respondent. Potomac Electric Power Company, Apartment & Office Building Association, People's Counsel, Intervenors. APARTMENT & OFFICE BUILDING ASSOCIATION OF METROPOLITAN WASHINGTON, INC., Petitioner, v. PUBLIC SERVICE COMMISSION OF the DISTRICT OF COLUMBIA, Respondent. Potomac Electric Power Company, People's Counsel, Intervenors.

District of Columbia Court of Appeals.

Decided May 20, 1981.


Attorney(s) appearing for the Case

Jerry A. Moore III, Washington, D.C., with whom Raymond R. Dickey, Washington, D.C., was on the briefs, for Metropolitan Washington Board of Trade.

Frann G. Francis, Washington, D.C., for Apartment and Office Building Association of Metropolitan Washington, Inc.

Melvin J. Washington, Asst. Corp. Counsel, Washington, D.C., with whom Judith W. Rogers, Corp. Counsel, and Richard W. Barton, Deputy Corp. Counsel, Washington, D.C., at the time the brief was filed, were on the brief, for respondent.

William Dana Shapiro, Washington, D.C., with whom Edward A. Caine, Washington, D.C., was on the briefs, for Potomac Electric Power Co.

John T. Schell, Washington, D.C., with whom Brian Lederer, Elizabeth A. Noel, and Ralph A. Simmons, Washington D.C., were on the briefs, for People's Counsel.

Onkar N. Sharma, Washington, D.C., filed briefs on behalf of the Washington Metropolitan Area Transit Authority.

Before FERREN and PRYOR, Associate Judges, and GALLAGHER, Associate Judge, Retired.


GALLAGHER, Associate Judge, Retired:

The Apartment and Office Building Association of Metropolitan Washington (AOBA) and the Metropolitan Washington Board of Trade (Board of Trade) bring consolidated petitions for review of the Final Opinion and Order issued by the Public Service Commission in Formal Case No. 680. In Formal Case No. 680, the Commission considered and adopted marginal cost based, time-of-day (TOD) pricing1 for large demand...

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