CONSTELLATION v. PUBLIC SERVICE COM'N

Civ.A. No. 02A-07-007JOH.

825 A.2d 872 (2003)

CONSTELLATION NEW ENERGY, INC. Appellant v. The PUBLIC SERVICE COMMISSION OF the STATE of Delaware, Delaware Electric Cooperative, Old Dominion Electric Cooperative, Delmarva Power & Light Company, and The Public Advocate for the State of Delaware Appellees.

Superior Court of Delaware, New Castle County.

Argued: March 28, 2003.

Decided: April 25, 2003.


Attorney(s) appearing for the Case

William D. Bailey, Jr., of the Bayard Firm, Wilmington, and Thomas W. Kinnane, of Kinnane & Associates, Annapolis, MD, for Constellation New Energy, Inc.

James McC. Geddes, of Ash by & Geddes, of Wilmington, for Public Service Commission of State of DE.

John T. Jaywork, of Hudson Jones Jaywork & Fisher, Wilmington and Eric M. Page, of LeClair Ryan, Glen Allen, VA, for Delaware Electric Cooperative and Old Dominion Electric.

G. Arthur Padmore, of Wilmington, for Public Advocate for the State of DE.

Gregory Inskip, Potter Anderson & Corroon, Wilmington and Randall V. Griffin, Wilmington, for Delmarva Power & Light Company.


MEMORANDUM OPINION

HERLIHY, Judge.

Constellation New Energy, Inc.1 challenges the Public Service Commission's approval of a comprehensive settlement addressing many issues with regard to Delaware's emerging competitive electric market, including the selection of rates, a standard offer service supplier, and congestion alleviation projects. Constellation maintains that the...

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