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EASTERN SHORE NATURAL GAS v. PSC

637 A.2d 10 (1994)

EASTERN SHORE NATURAL GAS COMPANY, a Delaware Corporation, Plaintiff Below, Appellant, v. The DELAWARE PUBLIC SERVICE COMMISSION, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: January 12, 1994.

Attorney(s) appearing for the Case

William A. Denman, Schmittinger & Rodriguez, P.A., Dover, for appellant.

James McC. Geddes and Regina A. Iorii, Ashby & Geddes, Wilmington, for appellee.

Gregory A. Inskip of Potter, Anderson & Corroon and Peter F. Clark of Delmarva Power & Light Co., Wilmington, for Delmarva Power & Light Co., amicus curiae.

Before VEASEY, C.J., HORSEY and WALSH, JJ.

HORSEY, Justice:

This appeal from Superior Court presents two questions: (1) whether a gas transporter, Eastern Shore Natural Gas Company ("ESNG"), is a public utility under 26 Del.C. § 102(2), subject to regulatory supervision by the Delaware Public Service Commission ("Commission"); and (2) whether the Commission's proposed rate regulation of ESNG's direct end use sales within the State of Delaware is preempted...

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