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DUQUESNE LIGHT CO. ET AL. v. PA. P.U.C.

No. 69 C.D. 1985.

96 Pa.Commw. 398 (1986)

507 A.2d 1274

Duquesne Light Company and Pennsylvania Power Company, Petitioners v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

April 16, 1986.

Attorney(s) appearing for the Case

Eric P. Reif, with him, W. Thomas McGough, Jr., Reed, Smith, Shaw & McClay, and Charles E. Thomas and Patricia Armstrong, Thomas and Thomas, for petitioners.

Lee E. Morrison, Assistant Counsel, with him, Robert F. Frazier, Assistant Counsel, Daniel P. Delaney, Deputy Chief Counsel, and Charles F. Hoffman, Chief Counsel, for respondent.

Daniel Clearfield, Assistant Consumer Advocate, with him, Kathleen Cook, Legal Assistant, and David M. Barasch, Consumer Advocate, for intervenor, Office of Consumer Advocate.

Argued February 5, 1986, before President Judge CRUMLISH, JR. and Judges ROGERS, CRAIG, DOYLE, BARRY, COLINS and PALLADINO.

OPINION BY JUDGE ROGERS, April 16, 1986:

Duquesne Light Company and Pennsylvania Power Company (Companies) seek review of two orders of the Pennsylvania Public Utility Commission (Commission). The first order, dated September 11, 1984, adopted in part and modified in part a Stipulation Agreement entered into by the Companies and the Commission Trial Staff which established a market price capping mechanism by which the Companies could recover the cost of coal purchased...

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