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DELMARVA POWER & LIGHT CO. v. COM.

870 A.2d 901 (2005)

DELMARVA POWER & LIGHT COMPANY, t/a Conectiv Energy, Appellant v. COMMONWEALTH of Pennsylvania and Pennsylvania Public Utility Commission, Appellees. PPL Energyplus, LLC, Appellant v. Commonwealth of Pennsylvania, Appellee.

Supreme Court of Pennsylvania.

Decided March 31, 2005.

Attorney(s) appearing for the Case

Craig Allen Doll, Harrisburg, for Delmarva Power & Light Co.

Jesse Andrew Dillon, Allentown, John H. Isom, Harrisburg, David Bruce MacGregor, Philadelphia, for PPL Energyplus, LLC.

D. Michael Fisher, Pittsburgh, for the Com. of PA, appellee.

Patricia Krise Burket, Lawrence F. Barth, Elizabeth A. Lion Januzzi, Bohdan R. Pankiw, Robert James Longwell, Harrisburg, for Com. and PUC. appellees.

Christine Maloni Hoover, Irwin Allen Popowsky, Harrisburg, for Office of Consumer Advocate, appellee amicus curiae.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice NIGRO.

At issue in this appeal is whether the Pennsylvania Public Utility Commission's Fiscal Office (the "Fiscal Office") may assess electric generation suppliers ("EGSs") for the administrative expenses of the Public Utility Commission (the "Commission"), the Office of Consumer Advocate ("OCA"), and the Office of Small Business Advocate ("OSBA").1 We hold that the Fiscal Office may not assess EGSs for...

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