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POTOMAC ELEC. v. PUBLIC SERV. COM'N

No. 94-AA-799.

661 A.2d 131 (1995)

POTOMAC ELECTRIC POWER COMPANY, Petitioner, v. PUBLIC SERVICE COMMISSION OF THE DISTRICT OF COLUMBIA, Respondent, Office of the People's Counsel of the District of Columbia, Intervenor.

District of Columbia Court of Appeals.

Decided June 19, 1995.

Attorney(s) appearing for the Case

Ivan K. Fong, with whom Alan A. Pemberton, Kirk J. Emge, and Paul H. Harrington, Washington, DC, were on the brief, for petitioner.

Daryl L. Avery, with whom Edwin E. Huddleson, III, Washington, DC, was on the brief, for respondent.

Elizabeth A. Noel, with whom Sandra Mattavous-Frye, Karen R. Sistrunk, Miles H. Mitchell, and Jennifer A. Duane, Washington, DC, were on the brief, for intervenor.

Before FERREN and KING, Associate Judges, and WEISBERG, Associate Judge of the Superior Court of the District of Columbia.

FERREN, Associate Judge:

Petitioner, Potomac Electric Power Company (PEPCO), challenges portions of two orders of the Public Service Commission of the District of Columbia. In ruling on an application for a rate increase, the Commission allowed PEPCO to recover 75% of actual and projected costs associated with the company's demand-side management1 (DSM) programs, and thus denied recovery of 25% of those costs. Order No. 10387 at 164; Order...

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