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HARRISON RURAL ELECTRIFICATION v. PSC

No. 21812.

438 S.E.2d 782 (1993)

190 W.Va. 439

HARRISON RURAL ELECTRIFICATION ASSOCIATION, INC., Complainant Below, Appellant, v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA and Monongahela Power Company, Defendant Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 9, 1993.

Attorney(s) appearing for the Case

Delby B. Pool, Clarksburg, WV, for appellant.

Caryn Watson Short, Charleston, WV, for Public Service Com'n.

James T. Boggs, Arthur J. Chmiel, Fairmont, WV, for Monongahela Power Co.

PER CURIAM:

Harrison Rural Electrification Association, Inc. (HREA) appeals an order (2-1 Commissioner Frum dissenting) of the West Virginia Public Service Commission (PSC) resolving two customer service disputes between HREA and Monongahela Power Company (MPC) in favor of MPC. On appeal, HREA argues that the PSC should have found that the new customers were part of HREA's exclusive service territory based on a 1938 agreement of the parties and should not have classified...

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