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TRADES FOUNDATION v. PUBLIC SERVICE COM'N

No. 29989.

565 S.E.2d 778 (2002)

211 W.Va. 315

THE AFFILIATED CONSTRUCTION TRADES FOUNDATION, A Division of the West Virginia State Building and Construction Trades Council, AFL-CIO, Appellant, v. THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA and Big Sandy Peaker Plant, LLC, Appellees.

Supreme Court of Appeals of West Virginia.

Decided February 22, 2002.

Concurring in Part and Dissenting in Part Opinion of Chief Justice Davis March 20, 2002.

Concurring Opinion of Justice Starcher March 27, 2002.

Concurring in Part and Dissenting in Part Opinion of Justice Maynard July 3, 2002.

Attorney(s) appearing for the Case

Stuart Calwell, Vincent Trivelli, Law Office of Stuart Calwell, Charleston, for appellant.

Caryn Watson Short, Charleston, for appellee, The Public Service Commission of West Virginia.

Christopher L. Callas, Stephanie H.D. Mullett, Jackson & Kelly, PLLC, Charleston, for appellee, Big Sandy Peaker Plant, LLC.

ALBRIGHT, Justice.

This is an appeal by the Affiliated Construction Trades Foundation (hereinafter "ACT" or "Appellant"), a division of the West Virginia State Building and Construction Trades Council, AFL-CIO, from an April 10, 2001, order of the Public Service Commission (hereinafter "PSC") dismissing a complaint filed by ACT. The Appellant requests this Court to reverse the dismissal order, alleging that the PSC should...

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