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PA. ELEC. CO. v. PA. PUBLIC UTIL. COM'N

544 Pa. 475 (1996)

677 A.2d 831

PENNSYLVANIA ELECTRIC COMPANY, Appellant, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Appellee.

Supreme Court of Pennsylvania.

Decided June 19, 1996.

Reargument Denied August 14, 1996.

Attorney(s) appearing for the Case

Alan Michael Seltzer, Jeffrey A. Franklin, Reading, for Appellant.

Lee E. Morrison, Harrisburg, for PUC.

Clifford B. Levine, Pittsburgh, for CMS/American — Intervenors.

Alice B. Mitinger, Pittsburgh, for American/CMS.

Earle H. O'Donnell, Zori G. Ferkin, Kathleen A. Foudy, Washington, DC, Leroy S. Zimmerman, Harrisburg, Joseph M. Ramirez, Pittsburg, for LG&E — Intervenor.

Mark J. Shaw, Erie, for Intern. Paper Co. — Intervenor.

Tanya J. McCloskey, Harrisburg, for Office of Consumer Advocate — Intervenor.

David M. Kleppinger, Harrisburg, for GPU Indus. — Intervenor.

William T. Hawke, Harrisburg, for Cambria Partners — Intervenor.

Donna M. Attanasio, Washington, DC, pro hac vice.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and NIGRO, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal by allowance from an order of the Commonwealth Court which affirmed in part and reversed in part an order of the Pennsylvania Public Utility Commission (PUC). At issue is the proper application of a regulatory requirement that electric utilities purchase power from outside sources.

The Public Utility Regulatory Policies Act of 1978 (PURPA),...

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