DELMARVA POWER & LIGHT CO. v. PSC

No. 75, September Term, 2001.

809 A.2d 640 (2002)

371 Md. 356

DELMARVA POWER & LIGHT COMPANY d/b/a Conectiv Power Delivery, et al., v. PUBLIC SERVICE COMMISSION OF MARYLAND, et al.

Court of Appeals of Maryland.

October 11, 2002.


Attorney(s) appearing for the Case

Deborah E. Jennings (Brett Ingerman of Piper, Marbury, Rudnick & Wolfe, LLP), Baltimore, for Baltimore Gas and Electric Co.

Paul S. Buckley (Lee A. Satterfield, Harry S. Johnson, Dwight W. Stone, II, of Whiteford, Taylor & Preston, on brief), Baltimore, for Washington Gas Light Co.

Susan Stevens Miller, General Counsel (Brock C. Hutton, Asst. General Counsel, on brief), Baltimore, Gary R. Alexander (Chantel R. Ornstein of Alexander & Cleaver, P.A., on brief), Annapolis, Michael J. Travieso, People's Counsel (Sandra M. Guthorn, Deputy People's Counsel and Richard T. Miller, Asst. People's Counsel of Maryland Office of People's Counsel, on brief), Baltimore, for appellees.

Marta D. Harting of Piper, Marbury, Rudnick & Wolfe, LLP, Baltimore, for Chesapeake Utilities Corp.

Kenneth W. Christmas, General Counsel of Columbia Gas of Maryland, Inc., Pittsburgh, PA, Francis X. Wright of Eastwick, Rose & Wright, P.A., and Margaret Lee Norton of Norton & Johnson, LLC, Baltimore, for Columbia Gas of Maryland, Inc.

Kirk J. Emge, Paul H. Harrington, Washington, DC, William D. Shapiro of Pepco Holdings, Inc., Washington, DC, Richard D. Gary of Hunton & Williams, Richmond, VA, Ted J. Murphy, Edwin G. Kichline and Kara D. Little of Hunton & Williams, Washington, DC, for Potomac Electric Power Co.

Andrew H. Marks, Jennifer N. Waters of Crowell & Moring, LLP, Washington, DC, for BGE Home Products and Services, Inc.

William J. Murphy, Robert T. Shaffer, III of Murphy & Shaffer, Baltimore and Kathy L. Mitchell of Allegheny Energy Building, Hagerstown, for Potomac Edison Co. d/b/a Allegheny Power.

Gary R. Alexander, Chantel R. Ornstein of Alexander & Cleaver, P.A., Annapolis, for amicus curiae/respondents Mirant Mid-Atlantic, LLC.

Reargued before BELL, C.J., and ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.


ON MOTION FOR RECONSIDERATION

WILNER, Judge.

This case began with a broad attack by several public utilities on an order entered by the Maryland Public Service Commission (PSC). Although that attack is still pressed, the case has taken a new, and most unfortunate, twist, one that calls into question an attempt by the General Assembly, following the announcement of our decision that the PSC order was ineffective because of noncompliance with certain requirements...

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