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BARASCH v. PA. P.U.C.

Nos. 22 C.D. 1986 and 58 C.D. 1986.

104 Pa.Commw. 52 (1987)

521 A.2d 482

David M. Barasch, Consumer Advocate, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Consumers Education and Protective Association (CEPA), Petitioner v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

February 18, 1987.

Attorney(s) appearing for the Case

Irwin A. Popowsky, with him, Susan Perkins Weston, and Scott J. Rubin, Assistant Consumer Advocates, and David M. Barasch, Consumer Advocate, for petitioner, David M. Barasch, Consumer Advocate.

Steven P. Hershey, for appellant, Consumers Education and Protective Association (CEPA).

Daniel P. Delaney, Deputy Chief Counsel, with him, Veronica A. Smith and Louis G. Cocheres, Assistant Counsels, and Charles F. Hoffman, Chief Counsel, for respondent.

Robert H. Young, with him, William, E. Zeiter, Jay H. Calvert, Jr., Donald F. Clarke and Paul H. Zoubek; Morgan, Lewis & Bockius; Of Counsel: Edward G. Bauer, Jr., Vice President and General Counsel, for intervenor, Philadelphia Electric Company.

Roger E. Clark, Chief Counsel, for intervenor, Governor's Energy Council.

Argued September 10, 1986, before President Judge CRUMLISH, JR., and Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.

OPINION BY JUDGE BARRY, February 18, 1987:

This appeal results from an order of the Pennsylvania Public Utility Commission (PUC or Commission) which granted certain exceptions of Philadelphia Electric Company (PECO) filed with respect to the recommended opinion of Administrative Law Judge ALLISON TURNER (the ALJ). The granting of the exceptions had the practical effect of permitting PECO to complete construction of Limerick Unit No. 2, a nuclear-powered electric generating...

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