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EQUITABLE GAS CO. v. COM.

880 A.2d 48 (2005)

EQUITABLE GAS COMPANY, A DIVISION OF EQUITABLE RESOURCES, INC., Petitioner v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA PUBLIC UTILITY COMMISSION, Office of Consumer Advocate and Office of Small Business Advocate, Respondents. National Fuel Gas Distribution Corporation, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission, Office of Consumer Advocate and Office of Small Business Advocate, Respondents. UGI Utilities, Inc. — Gas Division, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission, Office of Consumer Advocate and Office of Small Business Advocate, Respondents. Philadelphia Gas Works, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission, Office of Consumer Advocate and Office of Small Business Advocate, Respondents. The Peoples Natural Gas Company d/b/a Dominion Peoples, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission, Office of Consumer Advocate and Office of Small Business Advocate, Respondents. PG Energy, a Division of Southern Union Company, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission, Office of Consumer Advocate and Office of Small Business Advocate, Respondents. Columbia Gas of Pennsylvania, Inc., Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission, Office of Consumer Advocate and Office of Small Business Advocate, Respondents.

Commonwealth Court of Pennsylvania.

Decided July 13, 2005.

Attorney(s) appearing for the Case

Kevin J. Moody, Harrisburg, for petitioners.

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

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

Carol F. Pennington, Harrisburg, for respondent, Office of Small Business Advocate.

BEFORE: McGINLEY, J., LEADBETTER, J., and FLAHERTY, Senior Judge.

OPINION BY Judge LEADBETTER.

The Commonwealth of Pennsylvania (Commonwealth) and the Pennsylvania Public Utility Commission (PUC) have filed an application for summary relief with respect to the petition for review filed by several natural gas distribution companies1 (referred to by the parties and the Commission as NGDCs), seeking to recover portions of their general assessment payments during...

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