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BARASCH v. PUBLIC UTILITY COM'N

127 Pa.Commw. 544 (1989)

562 A.2d 414

David M. BARASCH, Consumer Advocate, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Thomas E. STAFFARONI, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided July 18, 1989.

Reargument Denied September 27, 1989.

Attorney(s) appearing for the Case

Scott J. Rubin, Asst. Consumer Advocate, Harrisburg, Pa., for petitioner.

Anthony C. Lomma, John H. Appleton, Nogi, Appleton, Weinberger & Wren, Scranton, Pa., for Factoryville Water Co. (Notice of Intervention).

Daniel Delaney, Chief Counsel, Michael C. Schnierle, Dep. Chief Counsel, Bohdan R. Pankiw, Kevin J. Moody, Asst. Counsel, Harrisburg, Pa., for Pa. Public Utility Com'n.

Before CRUMLISH, Jr., President Judge, and CRAIG, DOYLE, COLINS, PALLADINO, McGINLEY and SMITH, JJ.

DOYLE, Judge.

Before us for consideration are two consolidated appeals which question the right of a public utility to recover the costs of facilities not presently used and useful in order to ensure repayment of principal and interest on a loan made by the Water Facilities Loan Board (Loan Board)1 pursuant to the Water Facilities Restoration Act (Water Act).2 Specifically, we must decide whether our Supreme...

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