OHIO EDISON CO. v. COMMONWEALTH.

Nos. 2274 C.D. 1980; 2275 C.D. 1980; 2276 C.D. 1980; 2277 C.D. 1980; 2278 C.D. 1980; 2279 C.D. 1980; 2293 C.D. 1980; 2321 C.D. 1980; 2322 C.D. 1980; 2323 C.D. 1980; 2324 C.D. 1980; 2325 C.D. 1980; 2336 C.D. 1980; and 2337 C.D. 1980.

70 Pa.Commw. 343 (1982)

Ohio Edison Company, Petitioner v. Commonwealth of Pennsylvania, Respondent. Pennsylvania Gas and Water Company, Petitioner v. Commonwealth of Pennsylvania, Respondent. Pennsylvania Power & Light Company, Petitioner v. Commonwealth of Pennsylvania, Respondent. UGI Corporation, Petitioner v. Commonwealth of Pennsylvania, Respondent. Philadelphia Electric Company, Petitioner v. Commonwealth of Pennsylvania, Respondent. Pennsylvania Power Company, Petitioner v. Commonwealth of Pennsylvania, Respondent. Delmarva Power & Light Company, Petitioner v. Commonwealth of Pennsylvania, Harvey Bartle, Attorney General of the Commonwealth of Pennsylvania, Howard A. Cohen, Secretary of the Commonwealth of Pennsylvania, Respondents. Pennsylvania Electric Company, Petitioner v. Commonwealth of Pennsylvania, Respondent. Metropolitan Edison Company, Petitioner v. Commonwealth of Pennsylvania, Respondent. Public Service Electric & Gas Company, Petitioner v. Commonwealth of Pennsylvania, Respondent. Jersey Central Power & Light Company, Petitioner v. Commonwealth of Pennsylvania, Respondent. Atlantic City Electric Company, Petitioner v. Commonwealth of Pennsylvania, Respondent. Allegheny County Steam Heating Company, Petitioner v. Commonwealth of Pennsylvania, Respondent. Duquesne Light Company, Petitioner v. Commonwealth of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

December 10, 1982.


Attorney(s) appearing for the Case

Albert J. Tomalis, Jr., Keefer, Wood, Allen and Rahal, for petitioners, Ohio Edison Company, Pennsylvania Gas and Water Company, Pennsylvania Power Company, Pennsylvania Power and Light Company, UGI Corporation, and Philadelphia Electric Company.

Robert R. Batt, with him Bonnie S. Brier, Ballard, Spahr, Andrews and Ingersoll, for petitioner, Delmarva Power & Light Company.

Harry J. Rubin, Krekstein, Rubin and Lasday, for petitioners, Atlantic City Electric Company, Jersey Central Power & Light Company, Metropolitan Edison Company, Pennsylvania Electric Company, and Public Service Electric and Gas Company.

Edward T. Baker, Reed, Smith, Shaw & McClay, for petitioners, Allegheny County Steam Heating Company and Duquesne Light Company.

Vincent J. Dopko, Deputy Attorney General, for respondent, Commonwealth of Pennsylvania.

Argued June 3, 1981, before President Judge CRUMLISH, JR. and Judges ROGERS, BLATT, MacPHAIL and PALLADINO.


OPINION BY PRESIDENT JUDGE CRUMLISH, JR., December 10, 1982:

Fourteen public utility companies1 have appealed from a "Notice and Certification" issued by the Secretary of Revenue. One company2 has, in the alternative, sought review in our original jurisdiction. We deny the Commonwealth's motions to quash and sustain the preliminary objections directed...

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