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NATIONAL FUEL GAS DISTRIBUTION v. PUC

137 Pa.Commw. 621 (1991)

587 A.2d 54

NATIONAL FUEL GAS DISTRIBUTION CORPORATION, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided February 14, 1991.

Attorney(s) appearing for the Case

Michael W. Gang, with him, Michael W. Hassell, Morgan, Lewis & Bockius, Harrisburg, and Heino H. Prahl, Buffalo, N.Y., for petitioner.

Veronica A. Smith, Deputy Chief Counsel, with her, Lawrence Barth, Asst. Counsel, Harrisburg, for respondent.

Philip F. McClelland, Asst. Consumer Advocate, Harrisburg, for Irwin A. Popowsky, Acting Consumer Advocate.

Before CRAIG, President Judge, and DOYLE, PALLADINO, McGINLEY, PELLEGRINI, KELLEY and BYER, JJ.

CRAIG, President Judge.

National Fuel Gas Distribution Corporation (NFG) appeals a decision of the Pennsylvania Public Utility Commission (PUC or commission) that refused to place in effect NFG's proposed tariff supplement, through which NFG sought to recover contract reformation costs, commonly referred to as take-or-pay costs (TOP costs), under the gas cost rate adjustment mechanism of § 1307(f) of the Public Utility Code, 66 Pa.C.S. § 1307(f), providing...

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