PSC v. PANDA-BRANDYWINE

No. 92, Sept. Term, 2002.

825 A.2d 462 (2003)

375 Md. 185

PUBLIC SERVICE COMMISSION OF MARYLAND, et al., v. PANDA-BRANDYWINE, L.P.

Court of Appeals of Maryland.

June 10, 2003.


Attorney(s) appearing for the Case

Kenneth M. Simon (Mark H. Kolman, Woody N. Peterson of Dickstein, Shapiro, Morin & Oshinsky LLP, Washington D.C.), Miles H. Mitchell (Susan Stevens Miller of Office of General Counsel, Baltimore); (Michael J. Travieso, Richard T. Miller of Office of People's Counsel, Baltimore), all on brief for petitioners/cross-respondents.

Roger W. Titus (Mitchell Y. Mirviss and Samantha M. Williams of Venable, Baetjer and Howard, LLP, Rockville); Kenneth G. Hurwitz (Haynes and Boone, LLP, Washington, D.C.), all on brief for respondent/cross-petitioner.

Argued Before BELL, C.J., and ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.


WILNER, Judge.

This case arises from the maelstrom accompanying the restructuring of the electric industry in Maryland. Although it is an appeal by the Maryland Public Service Commission (PSC) from a judgment of the Circuit Court for Montgomery County reversing one of its administrative decisions, the principal parties in interest are Potomac Electric Power Company (PEPCO), Panda-Brandywine, L.P. (Panda), and Southern Energy, Inc. (SEI). The issue presented to the...

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