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POPOWSKY v. PUBLIC UTILITY COM'N.

868 A.2d 606 (2005)

Irwin A. POPOWSKY, Consumer Advocate, Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided November 8, 2004.

Publication Ordered March 1, 2005.

Attorney(s) appearing for the Case

Thomas P. Gadsden, Philadelphia, for petitioner, Pennsylvania-American Water Company.

Dianne E. Dusman, Harrisburg, for petitioner, Irwin A. Popowsky.

Stanley E. Brown, Harrisburg, for respondent.

BEFORE: SMITH-RIBNER, Judge, SIMPSON, Judge and JIULIANTE, Senior Judge.

OPINION BY Judge SIMPSON.

The Office of Consumer Advocate challenges two aspects of the Pennsylvania Public Utility Commission's (PUC) order approving a general rate increase for Pennsylvania-American Water Company (Utility) under the Public Utility Code.1 Specifically, the Consumer Advocate questions the legality of the retroactive recovery of increased security costs for a closed period following September 11, 2001, and it questions...

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