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INDEPENDENT OIL & GAS ASS'N v. PA. PUC

789 A.2d 851 (2002)

INDEPENDENT OIL AND GAS ASSOCIATION OF PENNSYLVANIA, Hess Energy, Inc., TXU Energy Services and the New Power Company, Enron Energy Services, Inc., UGI Energy Services, Inc., PG Energy Services, Inc., Ashland, Inc., Mid American Natural Resources, Inc., Agway Energy Services-PA, Inc., Energy East Solutions, Inc., Petitioners, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Office of Consumer Advocate and Office of Small Business Advocate, Respondents.

Commonwealth Court of Pennsylvania.

Decided January 7, 2002.

Attorney(s) appearing for the Case

Daniel Clearfield, Harrisburg, for petitioner.

Lawrence F. Barth, Harrisburg, for respondent, PUC.

Christine Maloni Hoover, Harrisburg, for Office of Consumer Advocate, respondent.

Before KELLEY, Judge, FLAHERTY, Senior Judge, JIULIANTE, Senior Judge.

FLAHERTY, Senior Judge.

The Pennsylvania Public Utility Commission (Commission or PUC) and the Office of Consumer Advocate (OCA) have filed preliminary objections to the petition for review in the nature of a complaint for declaratory judgment and a writ of prohibition filed by several natural gas suppliers (collectively NGSs).1 We overrule the preliminary objections.

On June 22, 2001, the Natural Gas Choice and Competition Act...

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