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BARASCH v. PENN. PUB. UTIL. COM'N

516 Pa. 142 (1987)

532 A.2d 325

David M. BARASCH, Consumer Advocate, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. Appeal of EQUITABLE LIFE ASSURANCE SOCIETY, Joseph Horne Company, Kaufmann's and Gimbels. David M. BARASCH, Consumer Advocate, Appellant, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION.

Supreme Court of Pennsylvania.

Decided October 15, 1987.

Attorney(s) appearing for the Case

Dennis S. Shilobad, E.J. Strassburger, Strassburger & McKenna, Pittsburgh, for Equitable Life Assur. Soc., Joseph Horne Co., Kaufman's and Gimbel's.

Daniel Clearfield, Asst. Consumer Advocate, Harrisburg, for David M. Barasch.

Charles E. Thomas, Thomas & Thomas, Harrisburg, for Duquesne Light Co.

Alan L. Reed, Thomas P. Gadsden, Morgan, Lewis & Bockius, Philadelphia, for Pa. Power Co.

John A. Levin, Bohdan R. Pankiw, Billie Ramsey, Daniel P. Delaney, Harrisburg, for Pa.P.U.C.

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

OPINION

NIX, Chief Justice.

Before us are two consolidated appeals questioning the right of a public utility to recover certain costs from its ratepayers. We are called upon to decide whether section 1315 of the Public Utility Code ("Code"), 66 Pa.C.S. § 1315, bars an electric utility from amortizing costs incurred in connection with plant-construction projects which were cancelled prior to completion, and whether, if the statute must be so read, it...

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