Walter W. Cohen, Consumer Advocate, Petitioner
v.
Pennsylvania Public Utility Commission, Respondent.
David M. Barasch, Consumer Advocate, Petitioner
v.
Pennsylvania Public Utility Commission, Respondent.
Commonwealth Court of Pennsylvania.https://leagle.com/images/logo.png
Argued September 11, 1984.
June 13, 1985.
Attorney(s) appearing for the Case
Attorneys for Case No. 553 C.D. 1983:
Daniel Clearfield, Assistant Consumer Advocate, with him, Gerald H. Chakerian, Assistant Consumer Advocate, David M. Barasch, Acting Consumer Advocate and Walter W. Cohen, Consumer Advocate, for petitioner.
Bohdan R. Pankiw, Assistant Counsel, with him, Albert W. Johnson, III, Deputy Chief Counsel, and Charles F. Hoffman, Chief Counsel, for respondent.
Charles E. Thomas, with him, Charles E. Thomas, Jr., Patricia Armstrong and Thomas T. Niesen, Thomas & Thomas, and E. J. Strasburger, with him, Dennis S. Shilobod and Wayne Emery, McKenna, Messer, Shilobod & Gutnick, for intervenor, Duquesne Light Company.
Attorneys for Case No. 1364 C.D. 1984:
Daniel Clearfield, Assistant Consumer Advocate, with him, Craig R. Burgraff and David Wersan, Assistant Consumer Advocates, and David M. Barasch, Consumer Advocate, for petitioner.
Robert H. Young, with him, Daniel P. Delaney, James P. Melia, Assistant Counsel, Albert W. Johnson, III, Deputy Chief Counsel, and Charles F. Hoffman, Chief Counsel, for respondent.
David L. Harbaugh, with him, Alan L. Reed and Thomas P. Gadsden, Morgan, Lewis & Bockius, and, of Counsel: James R. Edgerly, Vice President and General Counsel, and Stephen L. Feld, for intervenor, Pennsylvania Power Company.
Case No. 553 C.D. 1983, argued September 11, 1984, before President Judge CRUMLISH, JR. and Judges ROGERS, WILLIAMS, JR., CRAIG, MacPHAIL, COLINS and BARRY. Reargued with Case No. 1364 C.D. 1984, April 10, 1985, before President Judge CRUMLISH, JR. and Judges ROGERS, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.
Commonwealth Court of Pennsylvania.
OPINION BY JUDGE BARRY, June 13, 1985:
553 C.D. 1983
The Office of Consumer Advocate (OCA) appeals a final order of the Pennsylvania Public Utility Commission (PUC) which permitted inclusion in its rate base of the cost of construction of four cancelled nuclear plants by Duquesne Light Company (Duquesne).
In 1967, Duquesne became a member of the Central Area Power Coordination Group (CAPCO)1 which
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