PENNSYLVANIA PUB. UTIL. v. PHIL. ELEC.


501 Pa. 153 (1983)

460 A.2d 734

PENNSYLVANIA PUBLIC UTILITY COMMISSION, Appellant, v. PHILADELPHIA ELECTRIC COMPANY, Appellee, and Office of Consumer Advocate, Intervenor. Walter W. COHEN, Consumer Advocate, Appellant, v. PHILADELPHIA ELECTRIC COMPANY and Pennsylvania Public Utility Commission, Appellees.

Supreme Court of Pennsylvania.

Decided May 27, 1983.


Attorney(s) appearing for the Case

Louis G. Cocheres, Ass't Counsel, Charles F. Hoffman, Chief Counsel and Daniel P. Delaney, Deputy Chief Counsel, for Pennsylvania Public Utility Com'n.

Walter W. Cohen, Consumer Advocate.

Irwin A. Popowsky, Asst. Consumer Advocate.

Walter R. Hall, II and Robert H. Young, for Philadelphia Elec. Co.

Edward J. Riehl, for PAIEUG.

Mark B. Segal, for CEPA, et al.

Jackie Ruttenberg, for Keystone Alliance.

Andre S. Dasent, Dept. City Sol., for City of Philadelphia.

Before ROBERTS, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.


OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal from an order of the Commonwealth Court1 which reversed an adjudication of the Pennsylvania Public Utility Commission ("PUC") which declared that it would refuse to approve additional securities proposed to be issued by the Philadelphia Electric Company ("PECO") in conjunction with construction of the Limerick 2 nuclear power plant.

In August, 1980, the Pennsylvania...

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