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SME BESSEMER C., INC. v. PA. P.U.C.

Nos. 2960 C.D. 1986 and 3344 C.D. 1986.

116 Pa.Commw. 13 (1988)

540 A.2d 1006

SME Bessemer Cement, Inc. and SME Limestone Company, Petitioners v. Pennsylvania Public Utility Commission, Respondent. SME Bessemer Cement, Inc., and SME Limestone Company, Petitioners v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

May 5, 1988.

Attorney(s) appearing for the Case

Louis Pomerico, Keller, Pomerico, Leymarie & Clark, P.C., for petitioners.

Terrence J. Buda, Assistant Counsel, with him, Will C. Matthews, Deputy Chief Counsel, Daniel P. Delaney, Chief Counsel, for respondent.

Stephen L. Feld, with him, James R. Edgerly, for intervenor, Pennsylvania Power Company.

Argued October 7, 1987, before President Judge CRUMLISH, JR., Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS, and PALLADINO.

OPINION BY JUDGE BARRY, May 5, 1988:

SME Bessemer Cement, Inc. and SME Limestone Company (SME) appeal an October 16, 1986 decision of the Pennsylvania Public Utility Commission (Commission) which denied, without a hearing, SME's petition for ex parte emergency relief for a stay or supersedeas from termination of electrical service and for a modification of a previous Commission order.1

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