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BARASCH v. PA. P.U.C.

Nos. 2418 C.D. 1987, 2499 C.D. 1987 and 2522 C.D. 1987.

119 Pa.Commw. 81 (1988)

546 A.2d 1296

David M. Barasch, Consumer Advocate, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Armco, Inc. and Allegheny Ludlum Corporation, Petitioners v. Pennsylvania Public Utility Commission, Respondent. West Penn Power Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

August 22, 1988.

Attorney(s) appearing for the Case

Pamela B. Sarvey, Assistant Consumer Advocate, with her, Irwin A. Popowsky, Assistant Consumer Advocate, and David M. Barasch, Consumer Advocate, for petitioner, David M. Barasch, Consumer Advocate.

Michael L. Kurtz, with him, F. Bruce Abel and David F. Boehm, Steer, Strauss, White & Tobias, for petitioners, Armco, Inc. and Allegheny Ludlum Corporation.

Michael D. McDowell, with him, Deborah M. DePaul, Thomas K. Henderson, John L. Munsch and Robert T. Vogler, for petitioner, West Penn Power Company.

Billie E. Ramsey, Assistant Counsel, with her, Bohdan R. Pankiw, Deputy Chief Counsel, and Daniel P. Delaney, Chief Counsel, for respondent, Pennsylvania Public Utility Commission.

Stephen C. Braverman, with him, John M. Elliott, Charles W. Bowser, Christopher J. Churchill and James P. Cousounis, Baskin, Flaherty, Elliott & Mannino, P.C., for intervenor, Milesburg Energy, Inc.

Henry R. MacNicholas, with him, Richard S. Kahlbaugh, McNees, Wallace & Nurick, for amicus curiae, West Penn Power Industrial.

Argued May 25, 1988, before President Judge CRUMLISH, JR., and Judges CRAIG, DOYLE, BARRY, PALLADINO, McGINLEY and SMITH.

OPINION BY JUDGE CRAIG, August 22, 1988:

These consolidated cases are appeals by industrial ratepayers and the Office of Consumer Advocate (OCA) from an order of the Pennsylvania Public Utility Commission (PUC or commission) that (1) approved the terms of a proposed contract for the purchase of electric power by West Penn Power Company (West Penn) from Milesburg Energy, Inc. (MEI) as being in the public interest, (2) authorized West Penn to recover payments made to...

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