OFFICE OF PEOPLE'S COUNSEL v. PSC

Nos. 00-AA-1581, 00-AA-1582.

799 A.2d 376 (2002)

OFFICE OF the PEOPLE'S COUNSEL, Petitioner, v. PUBLIC SERVICE COMMISSION OF the DISTRICT OF COLUMBIA, Respondent. Potomac Electric Power Company, Intervenor. Washington Gas Light Company, Intervenor.

District of Columbia Court of Appeals.

Decided May 30, 2002.


Attorney(s) appearing for the Case

Brenda K. Pennington, Washington, DC, for petitioner. Elizabeth A. Noel, Sandra Mattavous-Frye, Scott H. Strauss and Andrea G. Lonian, Washington, DC, were on the brief for petitioner.

Timothy R. Robinson, Washington, DC, for respondent.

Paul S. Buckley, with whom Beverly J. Burke, Washington, DC, was on the brief, for intervenor Washington Gas Light Company.

Nicholas S. Penn, Kirk J. Emge and Paul H. Harrington, Washington, DC, were on the brief for intervenor Potomac Electric Power Company.

Before STEADMAN and WASHINGTON, Associate Judges, and NEBEKER, Senior Judge.


STEADMAN, Associate Judge:

Beginning in the spring of the year 2000, public utilities have been required to pay the District of Columbia for their use of District-owned streets and other property. However, the law that established such a requirement also authorized the utilities to recover from their customers the full amount of such payments on a "pass-through" surcharge basis. Prior to imposition of the surcharge, Intervenors Potomac Electric Power Company ("PEPCO...

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