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PEOPLE'S COUNSEL OF D.C. v. PUBLIC SER.

No. 82-424.

472 A.2d 860 (1984)

PEOPLE'S COUNSEL OF the DISTRICT OF COLUMBIA, Petitioner, v. PUBLIC SERVICE COMMISSION OF the DISTRICT OF COLUMBIA, Respondent, Potomac Electric Power Company, Intervenor.

District of Columbia Court of Appeals.

Decided January 31, 1984.

Attorney(s) appearing for the Case

Brian Lederer, Washington, D.C., with whom Elizabeth A. Noel, John T. Schell, Michael W. Beasley and Mark D. Colley, Washington, D.C., were on brief, for petitioner.

Michael E. Geltner, Washington, D.C., with whom Lloyd N. Moore, Jr., Michael D. Newsom and Roberta Willis Sims, Washington, D.C., were on brief, for respondent.

William Dana Shapiro, Washington, D.C., with whom Edward A. Caine, Betty K. Cauley and Sylvia L. Bateman, Washington, D.C., were on brief, for intervenor.

Before NEWMAN, Chief Judge, TERRY, Associate Judge, and KELLY, Associate Judge, Retired.

TERRY, Associate Judge:

The People's Counsel appeals from an order of the Public Service Commission in which the Commission ruled that it had authority to approve the use of automatic fuel adjustment clauses by the Potomac Electric Power Company and that such clauses did not amount to retroactive ratemaking. We reject petitioner's arguments and affirm the Commission's order.

I

In August 1979 the Public Service Commission issued a public notice of...

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