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UNITED WATER v. PUBLIC SERVICE COM'N

No. 176, 1998.

723 A.2d 1172 (1999)

UNITED WATER DELAWARE, INC., a Delaware corporation, Appellant Below, Appellant, v. PUBLIC SERVICE COMMISSION of the State of Delaware and Patricia Stowell for the Division of the Public Advocate, Appellees Below, Appellees.

Supreme Court of Delaware.

Decided: February 11, 1999.

Attorney(s) appearing for the Case

William D. Bailey, Jr., The Bayard Firm, P.A., Wilmington, Delaware, Gregory A. Inskip (argued), Potter, Anderson & Corroon, LLP, Wilmington, Delaware and of counsel Walton F. Hill, United Water Management & Services, Inc., Harrington Park, New Jersey, for Appellant.

James McC. Geddes (argued) and Regina A. Iorii, Ashby & Geddes, Wilmington, Delaware, for Appellee Public Service Commission.

Patricia A. Stowell, Public Advocate, Division of Public Advocate, Wilmington, Delaware, for The Division of the Public Advocate.

Before WALSH, HOLLAND, and HARTNETT, Justices.

WALSH, Justice:

United Water Delaware, Inc. ("United Water"), a regulated utility engaged in the distribution of water in New Castle County, appeals from a decision of the Superior Court that, in turn, affirmed a ruling of the Public Service Commission of the State of Delaware (the "Commission") that denied, in part, an increase in rates sought by United Water. The sole claim of error relates to the Commission's determination of the capital structure of United Water...

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