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MID-ATLANTIC POWER SUPPLY ASS'N v. PENN. PUC

755 A.2d 723 (2000)

The MID-ATLANTIC POWER SUPPLY ASSOCIATION and Clean Air Council, Inc., Petitioners, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided July 10, 2000.

Attorney(s) appearing for the Case

Joseph A. Dworetzky, Philadelphia, for petitioners.

Andrew S. Tubbs, Harrisburg, for respondent.

Anthony C. DeCusatis, Philadelphia, for intervenor, PECO Energy Co.

Tanya J. McCloskey, Harrisburg, for intervenor, Office of Consumer Advocate.

Before DOYLE, President Judge, and COLINS, J., McGINLEY, J., FRIEDMAN, J., KELLEY, J., FLAHERTY, J., and LEADBETTER, J.

FRIEDMAN, Judge.

The Mid-Atlantic Power Supply Association (Mid-Atlantic) and Clean Air Council, Inc. (the Clean Air Council) petition for review of the May 19, 1999 order of the Pennsylvania Public Utility Commission (PUC). Two paragraphs of the PUC's order are especially relevant here. Paragraph 1 of the order states that PECO Energy Company (PECO) "shall refrain from ... marketing practices which promote, solicit and advertise Provider of Last Resort [PLR

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